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Danvers commission issues Order of Conditions and enforcement order after unpermitted work at 86 Elliott Street
Summary
The Town of Danvers Conservation Commission approved an Order of Conditions and issued an Enforcement Order for unpermitted clearing and stream crossings at 86 Elliott Street; the applicant agreed to restoration steps and monitoring timelines.
The Town of Danvers Conservation Commission voted May 28 to issue an Order of Conditions for work at 86 Elliott Street and to place an Enforcement Order on the property after staff documented unpermitted clearing and stream crossings.
Majlinda and Spartak Vaka presented revised plans for an accessory dwelling unit and a relocated driveway they said move work farther from a nearby stream and reduce buffer impacts; the applicants reported no‑disturb area reductions from 9.9 percent to 6.7 percent and a no‑build area of about 10.4 percent. Engineer Adel Shahin told the commission the driveway will use gravel over a honeycomb reinforcement system to maintain permeability.
Commissioners thanked the applicants for the revisions and closed the public hearing before voting to grant waivers for the 35‑ft no‑disturb and 50‑ft no‑build zones and to issue the Order of Conditions with additional conditions read into the record. Paul McNulty made the motion to close; Mike Splaine and Lorraine Drapek moved and seconded waivers; Lorraine Drapek moved to issue the Order of Conditions and Peter Wilson seconded; all votes recorded were 5 in favor, 0 opposed.
Separately, Emily Beatrice, staff planner, reported that town staff observed unpermitted clearing and stream crossings in early March and that the Department of Environmental Protection recommended restoration work be handled independently from the NOI. Chair Mary Haight outlined required actions in the Enforcement Order: remove debris and unpermitted stream crossings within 30 days; hire a wetland scientist and file a restoration plan within 60 days; install erosion controls; provide quarterly monitoring for two years; and provide periodic updates to the commission. Applicant Spartak Vaka agreed to those conditions and said the family would file separately if they later pursue a permanent crossing.
The Enforcement Order and Order of Conditions were adopted unanimously by the five voting members present.
The commission noted the Enforcement Order’s restoration schedule and monitoring requirements as the next steps; the applicant’s compliance will be reviewed in periodic updates to the commission.
