86 Elliott Street Wetland Enforcement and ADU
Unpermitted clearing led to enforcement order plus new ADU waivers inside no-build and no-disturb zones.
Unpermitted clearing at 86 Elliott Street triggered an enforcement order while the applicant sought approval for an ADU and driveway in wetland buffers. The commission continued the matter twice before approving revised plans and issuing both an Order of Conditions and a separate enforcement order on May 28, 2026.
Unpermitted land clearing and stream crossings occurred at 86 Elliott Street in March 2026, prompting a separate enforcement process from the Accessory Dwelling Unit proposal.
At the April 23, 2026 conservation commission meeting, the Notice of Intent for the ADU was continued to May 14 to obtain additional DEP clarification on the intermittent stream and buffer zones.
On May 14 the commission again continued both the Notice of Intent and the enforcement order to May 28 so the applicant could submit revised plans shifting the ADU and driveway farther from the stream.
The May 28 meeting addressed the revised application and the enforcement order as distinct matters. The commission granted waivers for work in the 35-foot no-disturb zone and 50-foot no-build zone, issued an Order of Conditions with pollutant, refueling, and marking requirements, and separately voted to issue the enforcement order requiring removal of unpermitted crossings within 30 days and a restoration planting plan within 60 days.
A resident at the May 14 meeting opposed the original placement of structures inside the no-build boundaries and asked that the applicant move them farther away. The commission rejected the applicant's claim that falling under a 10 percent threshold automatically permitted construction.
The enforcement order remains independent of the new Order of Conditions, with the owner required to hire a wetland scientist, submit quarterly monitoring reports for two years, and complete restoration work.
The property owner must provide a restoration planting plan within 60 days and quarterly monitoring updates for two years.
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