HomeMy WebLinkAboutApplication - 216 RALEIGH TAVERN LANE 6/26/2006 2 P;,J 11(�
APPL,ICATIO FOR 10-DAY EMERGENCY PERMITT-TO PERMIT-TO MANAGE
BEAVER OR MUSKRAT THREAT
TO BE FILLED OUT BY APPLICANT Fee (if applicable): $
Name: A , Date: 412,6j 0
r
Address: ' KCl. j et(,
Town: aoi Zip Cade: ,
Daytime Tel. # Evening Tel. # toFb q�1 �
Agent Name: #
(if applicable)
ComplaintaT cation: ..
1't uk , ,fit , 14 Nil ell,
Is the problem entirely on your property? Yes: No: V/ Don't Know:
Note: If the problem does not occur entirely on the applicant's property, consent forms from all
other property owners must be obtained.
Complaint Condition: Check appropriate box and provide a detailed description of the perceived threat
to public health and safety
❑ Flooding of drinking water well
❑ Flooding of septic system or sewer
Flooding of public or private way or driveway
❑ Flooding of a utility structure such as an electrical or communications facility
❑ Flooding of a building
CAMy Documents/Anfinalsl200I\Beaver For ns\Application for I May Emergency Pennit.doe
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V1 Flooding poses imminent threat of substantial property damage 6 � m"1 '
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F-] Flooding which prevent ormal agricultural use of land >71t',.,� s
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❑ Other condition Pexq .
Onder M.G.L. c. 131, s. 80A, an emergency permit authorizes the applicant or his duly authorized agent
to immediately remedy the threat to human health and safety by one or more of the following options: (a)
the use of conibear or box or cage-type traps for the taking of beaver or muskrat, subject to regulations;
(b) the breaching of darns, dikes, bogs or berms; and/or (c) employing any non-lethal management of
water-flow devices. The emergency permit will be good for 10 days from the date of issue.
I certify the above information is true and correct to the best of my knowledge
Signature of Applicant: (da U L,&1 w. Date: 2-b f 4
- - - - - - - - - - - - - - - - - - - - - - - - ® _ - _ - _ - - - - - - - - - - - - - _ _ - _ - - - - - - - - - _
THIS SECTION IS FOR COMPLETION BY NORTH ANDOVER HEALTH AND CONSERVATION DEPARTMENTS
Site visit by Health: Date Inspector name:
Approved Permit # Start Date End Date Ext. Date
Permit Denied Date Director Signature
Site visit by Conservation: Date Inspector name:
Conservation Commission Application Required: Yes Na
Findings & recommendations:
Note: Options (b) and/or (c) above require applicant to get North Andover Conservation Commission
approval prior to such work in accordance with the Wetlands Protection Act.
CA\My Documents/Aniinals\1001\Beaver Forms\Application for IMay Emergency Permit.doc
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We, Tom &Maureen Scott, residing at 39 Hawkins Lane ,North Andover and owners of
property known as assessors map 106C, parcel # 18 do hereby give permission to
Kathleen A. Bligh and her agents to obtain a permit to breach beaver dam and trap beaver
located on my property. The said purpose of this consent is to alleviate problems
associated with beaver activity at this property and adjacent properties such as flooding,
water damage, tree damage and other safety concerns.
I/Iom Sc ov, Date
Maureen Scott Date
011
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FILE COMMENTS
Name: Kathleen A. Bligh
Comments 216 Raleigh Tavern Lane
Date May 15, 2006
May 9th, 2006
Pam Merrill from Conservation and the Health Department has been dealing
with the homeowner as well as Bill Barrett (A friend to Kathleen, the
homeowner, that is assisting her through the process)® The homeowner feels
that the Beaver and Beaver Dams downstream are causing the water level to
rise in her backyard. Pam and I did a walkthrough on May 91" 2006. The
conservation Dept. considers that area up to the wall, Wetlands. The
homeowner has cut down multiple trees, which she feels has pant her home and
family at risk.
May 15, 2006
The town of North Andover has gotten 12" of rain over the past 3 days. There
have been multiple homes, driveways, yards, etc® that are under water as well
as many, evacuations to shelters® The Conservation Department did another
walkthrough this morning and found the conditions to be good®
Luckily the water level has not exceeded even the wall® It is about 6 inches up
the wall. Please see pictures. At this time The Health Department and the
Conservation Department do consider this to be a Health Disk. We will wait
to see if more evidence comes in.
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PUBLIC HEALTH DEPARTMENT
(ontmunity Developntont Division
May 16, 2006
Ms. Kathleen A. Bligh
216 Raleigh Tavern Lane
North Andover, MA 01845
RE: EMERGENCY PERMIT TO MANAGE BEAVER OR MUSKRAT THREAT at
216 Raleigh Tavern Lane,North Andover
Dear Ms. Bligh,
This letter has been prepared to inform you that your application for a 10-day emergency
permit to harvest the beavers in the 39 Hawkins Lane area has been DENIED. The North
Andover Health Department has reviewed the application and has conducted two (2) site
inspections on May 9, 2006, and most recently on May 15, 2006 following 13" of precipitation
with personnel from the Conservation Department. During both inspections, we did not note an
imminent human health or safety risk, as defined in M.G.L. c.131, §. 80A, (a) through (i).
Furthermore, we did not observe any water overtopping the existing fieldstone wall immediately
upslope of the edge of the Bordering Vegetated Wetland (BVW), along the left side of the
driveway. It was noted that approximately 20 trees have been cut doom within the limits of the
wetland. In conversations held with, Mr. Bill Barrett, it is our understanding that you have been
removing the hazardous trees within the wetland without Conservation Department's approval
Please be aware you can employ one of the following options for resolving the problem even
though the criteria for an emergency 10-day permit has not been met.
You can appeal this decision to the MA Department of Public Health (MDPH) for a
determination as to the existence of the threat;
You have the option to appeal this decision to the Division of Fisheries and Wildiife (DFW)
if there is a question as to the cause of the threat;
Contact the Division of Fisheries & Wildlife for assistance with the solutions covered under
non-health&safety threat section of the law(last paragraph of M.G.L. c.131, §. 80A).
If you decide to appeal this decision to either MDPH and/or DFW, the appeal must be made in
writing within 10 days of this letter by certified mail. The appellant must also include the denial
letter written by the North Andover Health Department, along with he naive, address, and phone
1600 Osgood Street,North Andover,Massochusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthondover.com
N1ay 16, 2006 216 lZaleigh `havern 1_,arie Pa tic 2 of 2
number of the applicant; the name, address, and phone number of the duly authorized agent(if
applicable); the address of the affected property; a statement of facts; a statement of the copy of
the request has been sent to the landowner (if the appellant is a duly authorized agent) and Board
of the town where the affected property is located; and a letter from the affected landowners
expressing consent for any beaver or muskrat-related work on or affecting their property.
Additionally, Conservation Commission approval is still necessary for breaching a dam or
installing a water flow devise.
If you choose to move forward with the application to the Division of Fish and Wildlife our
offices will assist you in this matter. This action is in accordance with the Town Beaver Bylaw.
In a case such as yours, where there is beaver activity, a desire to be proactive in the situation,
and the BOH finds that the criteria for an emergency permit is not met, the Health Department
has been charged with guiding you through this process.
Should you have any further questions or comments regarding the contents of this letter, or need
assistance with acquiring the appropriate permits through MDPH and/or DFW, please do not
hesitate to contact the undersigns earliest convenience.
Respectfully,
NORTH AND6V'ER HEALTH DEPARTMENT
1 rr.
SLls1 Sawyer, REHS/RS
n
Health Director
Cc: Alison McKay, Conservation Administrator
Pamela Merrill, Conservation Associate
Curt Bellavance, AICP, Community Development Director
Tom&Maureen Scott, 39 Hawkins Lane,North Andover
1600 Osgood Street,North Andover,Massadiusetts 01845
Phone 976.666.9540 Fox 978.606.0476 Well viww.tomohortkiiidover.com
Massachusetts Department of Environmental Protection
DEP
E, File File
Number:
Bureau of Resource Protection - Wetlands
4 WPA Form of rc nt Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the North Andover Conservation Commission May 25, 2006
computer, use Conservation Commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-
do not use the Kathleen Bligh & Bill Barrett
return key. Name of Violator
216 Raleigh Tavern Lane, North Andover
d Address
1. Location of Violation:
p Thomas & Maureen Scott
Property Owner(if different)
39 Hawkins Lane
Street Address
North Andover 01845
City/Town Zip Code
Map 106C Lots 18 & 124
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
The Enforcement Order is being issued as a mechanism to perform work within the limits of Boston
Brook at 39 Hawkins Lane, North Andover. Specific work includes installing a water flow device into
an existing beaver dam, in order to alleviate flooding problems along Hawkins Lane, Granville Lane,
and Raleigh Tavern Lane. This Enforcement Order shall expire on Friday, June 9, 2006. Please see
the attached letter prepared by the North Andover Conservation Department, dated May 25, 2006 for
additional information and specific conditions.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, §40) and its Regulations (310
CMR 10.00), because:
® the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
wpaform0a.doc rev.7/14/04 Page 1 or4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands asn File Number:
WPA Form Enforcement r r
Massachusetts Wetlands Protection Act M.C.L. c. 131, §40
B. Findings (cont.)
❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name Dated
File Number Condition number(s)
❑ The Order of Conditions expired on (date): Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before Date
for the following:
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform0a.doc-rev.7 114/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
;. r of r t r r
WPA Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order (coat.)
❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
❑ The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Pamela A. Merrill, Conservation Associate or Alison McKay, Conservation Administrator
Name
978.688.9530
Phone Number
Monday- Friday, 8:30 to 4:30prn --- -- -- -- — __
Hours/Days Available
Issued by:
North Andover Conservation Commission
Conservation Commission
vrpform9a,doc-rev.7/14104 rage 3 of 4
Massachusetts Department of Environmental Protection DEP File Number:
7 - Bureau of Resource Protection - Wetlands
WPA Form of rc inf Order —
I
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Conservation Commission signatures required on following page.
D. Appeals/Signatures (cunt.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
_
Signatures:
Signature of delivery person or certified mail number
wpaform9a.doc-rev,7/14/04 Page 4 of'l
0
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CONSERVATION DEPARTMENT
Community Development Division
May 25, 2006
Ms. Kathleen Bligh
Mr. hill Barrett
216 Raleigh Tavern Lane
North llndover, MA 01845
CERTIFIED MAIL#70020510000008939783
RE: ENFORCEMENT ORDER- Beaver Dam at 39 Hawkins Lane, North Andover, MA
Dear Ms. Bligli and Mr. Barrett,
This letter and attached.Enforcement Order are being issued to you, as the people who are
ultimately responsible for the actions and f or work performed at the above referenced property.
You must ensure that all of the requirements outlined in these documents are adhered to. Failure, to
comply with the requirements outlined in this letter will result in further enforcement action. If you
have any questions about the contents of this Enforcement Order, please contact the Conservation
Department for further guidance.
This Enforcement Order is being issued as a mechanism to perform work within the lirnits of
Boston Brook,located at 39 Hawkins Lane. Specific work will include installing a water flow device
in the beaver dam at the culvert on Hawkins Lanes, in order to alleviate flooding in and around the
Granville Lane, Hawkins Lane and Raleigh Tavern Lane areas. Due to the major raid event on May
13'x' & 14`x', the force and volume of Boston Brook had breeched the beaver darn. Water levels
within this area have dropped approximately 15';however the volume is still substantially larger than
normal conditions, and the majority of the beaver dam is still under water. It's my understanding
that Tlionias and Maureen Scott, property owners of 39 Hawkins Lane has given you permission to
enter onto their property to install the water flow device. Please he aware, you will also be the parties
whom are responsible for maintaining the water flow device on an as needed basis, in perpetuity. If
this responsibility should change at any given tune, please inform the Conservation Department in
writing, who will assume responsihility.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978,688.9530 Fox 978.688.9542 Web www. http://www.townofnorthondover.com/conserve].him
The North 1lndover Conservation Commission (N�V C) hereby mandates the following conditions
under this Enforcement Order:
Prior to the commencement of any work, please submit a written consent letter signed by
Thomas and Maureen Scott giving you permission to access their property in order to install the
water flow device. Additionally, please submit a written affidavit, which will designate the two of
you as the responsible parties for maintaining the water flow device on in as needed basis, in
Perpetuity.
This permit, or a copy thereof, shall be carried on the person(s) exercising the authority thereof,
and shall be shown upon request to an agent of the Conservation C;onnrnvssion, any agent of the
Department of F"fisheries Wildlife and Environmental Law Enforcement, or to any officer
empowered to enforce the provisions of N1C1L Chapter 131, Section 40.
Prior to the commencement of any work, the hired professional installer shall notify the
Conservation Department with anticipated installation dates.
Limited breaching of the beaver dam shall occur by hand only. No mechanical
machinery is allowed for the breaching activities.
.• No breaching of the dam shall occur during and / or following a major storm event (.5 inches or
greater of rainfall). Furthermore, no breaching shall occur unless a rain event as described above
has adequately infiltrated (resulting in a lower water table).
o Breaching of the darn must be limited to a maximum of 2-feet in length and 6-inches in height,
unless otherwise authorized by the Conservation Department. The hired professional shall
contact the Conservation Department if a larger breaching area is necessary.
Limited breaching of the dam must be carefully conducted to prevent downstream flooding;
adverse impacts to the wildlife habitat located upstream and downstream,including the created
beaver habitat; and changes to the hydrology of the wetland resource area. Breaching activities
shall only occur at the beaver dam located at the culvert on Hawkins Lane.
o Upon completion of the breaching activities,you shall contact the Conservation
Department, so that we may conduct an inspection to ensure that wildlife habitat and the
hydrology of the wetland resource system have not been significantly impacted or altered.
:• All work shall be completed by no later than Friday„ Tuneune 9 20062006.
If the activities are not met by the imposed deadline, or if the Commission is not satisfied with any
portion of the work that has been done, the N,CC reserves the right to modify this Enforcement
Order,which may result in future enforcement action,including a fine of not more than $300.00.
Each day or portion thereof during which a violation continues, or unauthorized fill or other
alteration remains in place, shall constitute a separate offense, and each provision of the bylaw,
regulations, permits, or administrative orders violated shall constitute a separate offence. However,
a fine will not be levied at this time.
North Andover Wethinds Protection Bylaw,Section 178.I0,Enforcement,Investigations& violations.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.6889530 Fax 978.688.9542 Web www.http://www.townofnortha ndover.com/conservel.htm
Should you have ,in), questions / comments regarding the contents of this letter and attached
Enforcement Order, please do not hesitate to contact the undersigned at your earliest convenience.
Thanking you in advance for your anticipated cooperation with this matter.
Respectfully,
NORTH ANDOVER CONSERVATION DEPARTMENT
I amela A.. Merr "
Conservation,lssociate
Enc.
Cc: Alison McKay, Consei vation Adm nistrator
Thomas & Maureen Scott, 39 Hawlins Lane, North 1lndover
Susan Sawyer, Health Department Director
Michele Grant, Health Inspector
Curt I3ellavance,AlCP, Community Development Director
Department of Environmental Protection, NERO, Wetlands Division
File
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 976.688.9542 Web www.hitp://www.townofnorthandover.corn/conserve].htm