Commission continues 80 Water Street compliance request after public comment and pending NOI

Danvers Conservation Commission members voted to continue consideration of a certificate of compliance for 80 Water Street (DEP file 14-1217) to the commission's November meeting so staff and the applicant can consolidate outstanding enforcement matters in a forthcoming Notice of Intent (NOI).

David Cowell of Hancock Associates and property owner Peter McKinnon told the commission that work beyond a 2014 permit — including an after‑the‑fact shed, repaired retaining walls damaged in an auto accident, and a dock and gangway that lack prior permits or a Chapter 91 license — will be handled in a new NOI. Cowell said his firm completed an as‑built survey confirming that the work authorized by the 2014 order of conditions (the addition) was built according to that permit and is the portion for which the applicant seeks a certificate of compliance tonight.

An attorney appearing for a nearby resident, Jared Hockman, asked the commission to withhold the certificate until the new NOI is filed and reviewed, citing alleged on‑going noncompliant work and an outstanding cease-and-desist issued June 26, 2024. "I would ask that you hold this matter until that subsequent NOI is filed because there's a history with this applicant for noncompliance," Hockman said.

Staff and the applicant said they plan to file the NOI on Monday to meet the filing deadline for the commission's Nov. 13 hearing; the commission voted to continue the certificate-of-compliance request to that hearing so the matters can be considered together. Staff said the continuation will allow the commission to see the scope of after‑the‑fact work and any additional enforcement-related remedies alongside the requested certificate for the 2014 permit.