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Issue · Danvers, MA

86 Elliott Street Wetland Enforcement and ADU

Unpermitted clearing led to enforcement order plus new ADU waivers inside no-build and no-disturb zones.

Overview

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.

Background

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.

How it unfolded
Motion to continue 86 Elliott Street (DEP number -1436) to May 14th, 2026 passed to allow for additional information and clarification from DEP.
2026-04-23Conservation Commission
Motion to continue the Notice of Intent for 86 Elliot Street to the next meeting passed; motion to continue the enforcement order for 86 Elliot Street to May 28th passed.
2026-05-14Conservation Commission
Hearing for 86 Elliott Street closed; waivers for the 35 ft no-disturb zone and 50 ft no-build zone approved; Order of Conditions issued; enforcement order issued with agreed terms.
2026-05-28Conservation Commission
Arguments against
The project places building and driveway structures within no-build boundaries (35 and 50-foot limits).
conservation-commission 2026-05-14
Against
The applicant should make changes to move the structures further away from these boundaries to minimize environmental impact.
conservation-commission 2026-05-14
Against
Being under a 10% threshold does not grant an automatic right to build.
conservation-commission 2026-05-14
Against
Key voices
“Expressed opposition to the current project proposal because it places building and driveway structures within no-build boundaries and requested changes to move the structures further away.”
Residentconservation-commission 2026-05-14
What's next

The property owner must provide a restoration planting plan within 60 days and quarterly monitoring updates for two years.

86 Elliott Streetenforcement orderADUwetland buffer