The Town of Danvers Select Board on Jan. 7 approved an application from Gamirez Constructions and Improvements Inc. to occupy the public sidewalk adjacent to 17 Elm Street during construction of a fully permitted mixed‑use project, but the town’s building commissioner told the board the project is unlikely to begin on the applicant’s suggested start date of Feb. 1.

The approval will allow temporary closure of the sidewalk and staged use of the public way to support excavation, foundation and façade work for a project that the applicant described as commercial space on the first floor (including a restaurant) and three residential units above.

The board’s vote followed a presentation by Nancy McCann, attorney for the applicant, and Rodrigo Gamirez, the project’s general contractor, who summarized a construction management plan (CMP) and traffic management plan (TMP) that propose phased site protection including 6‑foot chain‑link fencing with scrim, water‑filled Jersey barriers, temporary accessible sidewalks and overhead pedestrian protection where needed. McCann said the plans anticipate “approximately 10 months” of construction and listed a February 1 anticipated commencement and a November 29 anticipated completion of sidewalk occupation.

Tim Newton, the town’s building commissioner, told the board he had reviewed plans twice and that the revised CMP and TMP addressed many safety concerns but that two issues remain significant: the project currently shows a single means of egress and lacks an elevator required to meet 521 CMR (Massachusetts Architectural Access Board) for vertical access to the roof deck and amenities. Newton said those conditions may require a substantial redesign and that, in his view, “I don’t see any way that this project starts on February 1st,” adding that a delay of “at least a couple of months” is possible depending on whether the design team redesigns the plans or appeals to a state authority.

Select Board members debated whether to set a firm start date in the motion or accept the applicant’s “anticipated” start date. Select Board member David moved to approve the public‑way closure as presented with the understanding that the timeline may be modified in the future; that motion was seconded and the board voted to approve the closure. The board recorded the approval but did not impose a new, fixed commencement date; the building commissioner said the applicant will need to return if the timeline shifts significantly.

Public comment at the hearing focused on design and neighborhood character rather than the closure itself. One resident asked whether the building will have the “flat top” roof shown in planning materials; the chair clarified that the Select Board was only considering the public‑way occupation and not the building design, which falls under planning and building permit processes.

The CMP and TMP submitted to the board were reviewed and revised based on feedback from the building commissioner before the hearing, according to McCann. The applicant said pedestrians will be directed to temporary accessible sidewalks during phases when regular sidewalks are closed and that pedestrian overhead protection and scaffolding will be used in phases where work exceeds 8 feet in height.

The Select Board’s action allows the contractor to occupy the sidewalk and public way under the terms of the submitted CMP/TMP and subject to follow‑up building permits and inspections. Newton emphasized that the start date is contingent on resolution of the egress and elevator issues and on completion of other town department reviews; if the project’s start date changes materially, the applicant will return to the board.

Votes at the meeting on the item were taken by roll call. The board approved the closure; the official motion language approved was to grant the public‑way closure/occupation as presented, with timeline acknowledged as approximate and subject to change.

Ending

Gamirez Constructions and the project team remain under obligation to work with the building commissioner to resolve code concerns before or during the permitting process. The project was permitted by the Planning Board but must satisfy building‑code requirements (including 521 CMR) before construction work that affects pedestrian access can begin.