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Home My WebLink AboutMiscellaneous - 0 Brook Street;397 Farnum Street� ? a � a � 1 ��. Blackburn, Lisa From: Sawyer, Susan Sent: Monday, April 28, 2014 3:24 PM To: Blackburn, Lisa Subject: beavers Attachments: Farnum Beaver issue April 29, 2014.doc I need to send this out tomorrow. PIs check and print. We used a letter from 2009 so there could be old stuff in it. Thx S In Geo, please make note that Health received a complaint from Jen Hughes, Con. Admin. that Brook Street was not passable due to water over the road from stream. The high water level is likely due to beaver dams as it has been in the past. Action; letter written and sent 4/29/14 Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawver@townofnorthandover.com Web www.TownofNorthAndover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.see.state.ma.us/ore/preidx.htm. Please consider the environment before printing this email. 1 -) Vle. �y0 R Ty TECOPY o m q`SSACHVS�� PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Date: April 29, 2014 To Owner of Record: John C. Farnum Estate 426 Farnum Street North Andover, MA 01845 Property Location: Brook Street Map 107A Parcels 246, 247, 248, 31, 259, 40, 43 A recent inspection of Brooks Street revealed that the road is once again flooding. Previously, Mike Callahan of Beaver Solutions determined that the source of the flooding is a dam or dams located on your properties. As a reminder, certain regulations of the North Andover by law, Chapter 37 require action on your part if the problem exists on your property. Specifically: BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. This notification of responsibility is in accordance with section 73.6 Section 73.6: Board of Health to Notify Responsible Parties In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to human health or safety due to a dam or blockage on a particular property, the Board will immediately notify the property owner and direct that the property owner immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. The authority to issue this order to correct is based upon MA General Laws Chapter 111: Section 123. Abatement by owner; penalty Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within Continued to next page Page 1 of z, North Andover Health Department, i600 Osgood Street, Suite 2035, North Andover, MA o1845 978.688.9540 -Phone To John C. Farnum Estate re: Brook Street Beaver Issues 4/29/14 twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. The North Andover Health Department requests the following: 1) Property owner hire a licensed wildlife control manager, who specializes in beaver issues, who will determine if a problem exists on the property and if so abate the problem by all legal measures. 2) If action is required, a proposal must be approved by the North Andover Health Department and the Conservation Administrator and proper permits must be issued. 3) Please advise the Health Department of your findings no later than thirty (30) days of receipt of this letter. Please note that the dam is protected by the Division of Fish and Wildlife and the DEP. Unapproved tampering of a dam may result in further legal action. If an inspection reveals that the problem does not exist on your property then no further action is required. Sincerely, Sawyer S/ Public He oS r Cc: Bruce Thibodeau, Director of Public Works Jennifer Hughes, Conservation Administrator Curt Bellavance, Community Dev. Director 2 1 P a g e North Andover Health Department, i600 Osgood Street, Suite 2035, North Andover, MA o1845 978.688.954o -Phone V s x s C. F U y c 0 0 U) CL U m .j m J N O 04 U) F O N II e` R L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. rab 1. This Certificate of Compliance is issued to: Benjamin Farnum Name 397 Farnum Street DEP File Number: ')A')_1')7A riwiucu uy ver Mailing Address North Andover MA. 01845 City/Town State Zip Code 2.. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Beniamin Farnum. Jr. Name 11/21/03 Dated 3. The project site is located at 0 Brook Street / 397 Farnum Street 242-1224 DEP File Number North Andover Street Address City/Town Map 107A Parcels 41 & 246 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Estate of John C. Farnum Property Owner (if different) Essex North County Certificate Document # 1515 Book 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 5/20/05 Date B. Certification Page Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc • rev. 7/13/04 Page 1 of 4 rR Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1224 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. I Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: North Andover Conservation Commission This Certificate must be signed by a majority of the Conservation Commi applicant and appropriate DEP Regional Office (See Attachment). sab o5. Date of Is uance a copy sent to the wpaform 8b.doc • rev. 7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of n '-Z- fk On this Day Essex North Of Hot' Y Month before me, the undersigned Notary Public, personally appeared cSC o l-:4- `'yl ASSN Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification DEP File Number: 242-1224 Provided by DEP �OUS Year to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of DONNA M. WEDGE NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm. Expires Aug. 7, 2009 North Andover city/Town Place notary seal and/or any stamp above wpaform 8b.doc • rev. 7/13/04 Conservation Commission ignature of Notary Public 444 197. 16';:j G� Printed Name of Notary Public k 17 d?Do My co missi n Expi/es (Date) / � -1 Si a ure of Notary Public Page 3 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------------ To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1224 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc • rev. 7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street g Agawam Conway Hancock Montague Plainfield Wales Suite 402 Afford Amherst Cummington Dalton Hatfield Hawley Monterey Montgomery Richmond Rowe Ware Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone: 413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Fax: 508-792-7621 Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax: 413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton TDD: 508-767-2788 Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor DEP Southeast Region Chicopee Greenfield Ludlow Pelham Sunderland Worthington 20 Riverside Drive Clarksburg Hadley Middlefield Peru Tolland Truro DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plymplon Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone: 617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD: 617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester -By -The -Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc • DEP Addresses • rev. 5/23/05 Page 1 of 1