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Danvers commission allows after-the-fact enclosed deck at Ipswich River Road with $1,500 bond
Summary
The commission granted waivers and issued an order of conditions for an after-the-fact addition at 2 Ipswich River Road (DEP 14-1436), requiring a $1,500 bond before further work and flood openings to meet flood-zone performance standards. The applicant agreed to halt work and hire consultants after an enforcement order.
The Town of Danvers Conservation Commission voted to grant waivers for work within the 35- and 50-foot buffer zones and to issue an order of conditions for an after-the-fact enclosed-deck addition at 2 Ipswich River Road, DEP file 14-1436. The motion included a condition that the applicant post a $1,500 bond before commencing additional work.
Jay Polakowitz of Hancock Associates presented the application on behalf of homeowner Derek Batai. Polakowitz described the work as an enclosure of an existing deck built on sonotubes; he said there was no new foundation or change in volume between pre-construction and post-construction, and proposed a crushed-stone “drip edge” infiltration trench to handle roof runoff. He said recent FEMA flood maps are preliminary and that the addition’s first-floor elevation is more than 1 foot above the mapped flood elevation. He added that flood openings will be added to meet flood-zone performance standards.
Homeowner Derek Batai told the commission he had relied on a contractor’s incorrect advice and stopped work after receiving an enforcement order. Batai said, “I relied on bad information… once I found out I met with Emily, I hired Hancock Associates.”
Commissioners asked for cost and surety information. Staff recommended and the commission required a bond to ensure completion of required mitigation and erosion-control work; the board suggested $1,000–$1,500 and set $1,500 in the motion. The commission also discussed erosion controls, the proposed crushed-stone infiltration trench sized at roughly 30 inches wide by 24 inches deep, and stock conditions for pool/drainage work generally.
Motions to close the public hearing, to grant the waivers with a $1,500 bond, and to issue the order of conditions were each moved, seconded and approved by voice vote. Commission members indicated they will monitor implementation through the agent and enforcement channels if the approved conditions are not followed.
