Conservation commission continues Abiomed RDA for site improvements to allow staff to verify enforcement authority

The Town of Danvers Conservation Commission continued a request for a determination of applicability (RDA) from Abiomed for site improvements at 24–42 Cherry Hill Drive to its June 12 meeting to allow staff to confirm the commission’s enforcement authority and options.

Mike Fabiano of High Point Engineering and Mike Hood, facilities manager at Abiomed, described a series of limited site improvements and patio/amenity spaces around the 2442 building. Fabiano said the work is primarily in previously disturbed, improved areas and that some proposed improvements convert impervious surfaces to pervious pavers while other work requires small amounts of disturbance within the 35- and 50-foot buffer zones. The project team said they would file a separate stormwater permit with the town’s engineering office as required for commercial-site work.

Commissioners and staff raised concerns about the combination of an RDA and requested waivers: a negative determination would mean less formal permitting but the commission wants clarity about remedies and enforcement if work is not completed or is done inconsistently with plans. Commissioner discussion focused on what leverage the commission retains under a negative determination versus a full Notice of Intent and whether the commission can compel remediation or issue enforcement orders if work departs from approved plans.

The applicant team agreed to the continuance. Mike Hood said a two-week continuance would not harm the schedule. The commission voted to continue the matter to the June 12 meeting and asked staff to report back on the commission’s authority and potential conditions the board could impose to ensure compliance.