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Commission continues 35 Doty Ave certificate requests for site visit after noting unpermitted changes

5588446 · August 4, 2025
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Summary

The Conservation Commission continued two certificate‑of‑compliance requests for 35 Doty Ave (DEP 14‑0883 and DEP 14‑1063) to Aug. 28, directing staff and the applicant to schedule a site visit after counsel reported unpermitted alterations and vegetation changes since the original 2002 order.

The Danvers Conservation Commission on Aug. 14 continued two certificate‑of‑compliance matters for 35 Doty Avenue (DEP files 14‑0883 and 14‑1063) and scheduled a site visit after the applicant’s representative reported deviations from the original approved plans and the presence of expansive phragmites and other changes along the waterfront.

Attorney Bob Griffin, representing Edward and Karen Doherty, summarized the property’s complex history: an order of conditions issued in 2002, a modification for a pool in 2003 and a later pier permit. Griffin told the commission that recent real estate activity prompted the request for certificates of compliance but acknowledged that some work was completed without returning to the commission. “We acknowledge that some things happened without an order of conditions. But at this point, we'd like to try to close the project out and we're happy to discuss any ways of mitigating for these issues,” Griffin said.

Commission discussion identified several deviations: a sport court and rock border not shown on 2002 plans, a pervious‑paver driveway installed instead of gravel, a bluestone patio, and a pier built at 70 feet rather than the 80 feet shown on older plans — a net loss in vegetated wetland/vegetated bordering wetland (BVW) of approximately 450 square feet in places. Commissioners and staff agreed a site inspection would help determine whether mitigation or other corrective measures are appropriate.

The commission continued both certificate requests to its Aug. 28 meeting and will coordinate a site visit with staff, the applicant’s representative and the harbormaster. Staff will compare historic plans and photos to current conditions and report back to the commission.