Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 14 Longwood Avenue
14 INE AVENUE 210104 000.0 i North Andover Board of Assessors Public Access . Page 1 of 1 Parcel ID: 210/047.0-0001-0000.0 Community: North Andover SKETCH PHOTO Click on Sketch to Enlarge - Noft Picturleft 1 Ava4ftflable i Location: 14 LORRAINE AVENUE Owner Name: DUNSMORE,DOUGLAS & PETER BREEN Owner Address: 14 LORRAINE AVENUE City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 5 - 5 Land Area: 0.99 acres Use Code: 101 - SNCL-FAM-RES Total Finished Area: 960 sqft I ! ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 293,700 273,600 Building Value: 112,200 105,600 Land Value: 181,500 168,000 Market Land Value: 181,500 Chapter Land Value: LATESTSALE Sale Price: 300,000 Sale Date: 07/15/2002 Arms Length Sale Code: Y-YES-VALID Grantor: NORWOOD,REGINA Cert Doc: Book: 06945 Page: 0219 I i I ! htt ://csc-ma.us/NandoverPubAcc/'s /Home js ?Pa e=3&Linkld=804360 P J P � p g 9/12/2006 Residential Property Record Card PARCEL ID:210/047.0-0001-0000.0 MAP:047.0 BLOCK:0001 LOT:0000.0 PARCEL ADDRESS:14 LORRAINE AVENUE PARCEL INFORMATION Use-Code: 101 Sale Price: 300,000 Book: 06945 Road Type: T Inspect Date: 08/08/2003 Tax Class: T Sale Date: 07/15/2002 Page: 0219 Rd Condition: _P Meas Date: 08/08/2003 Owner: Tot Fin Area: 960 Sale Type: P Cert/Doc: Traffic: M Entrance: DUNSMORE,DOUGLAS&PETER BREEN Tot Land Area: 0.99 Sale Valid: Y Water: Collect Id: RB Address: Grantor: NORWOOD,REGINA Sewer: Inspect Reas: S 14 LORRAINE AVENUE NORTH ANDOVER MA 01845 Exempt-B/L% / Resid-B/L% 100/100 Comm-B/LOW Indust-B/L% 0/0 Open Sp-B/L% 0/0 , RESIDENCE INFORMATION LAND INFORMATION Style: CP Tot Rooms: 5 Main Fn Area: 960 Attic: Y NBHD CODE: 5 NBHD CLASS: 5 ZONE: R3 - Story Height: 1.35 Bedrooms: 2 Up Fn Area: Bsmt Area: 960 Seg Type Code Method Sq-Ft Acres Influ-Y/N Value Class Roof: G Full Baths: 1 Add Fn Area: Fn Bsmt Area: 1 P 101 S 43035 0.99 181,505 Ext Wall: CB Half Baths: Unfin Area: 336 Bsmt Grade: DETACHED STRUCTURE INFORMATION Masonry Trim: Ext Bath Fiji: Tot Fin Area: 960 0 Foundation: CN Bath Qual: T RCNLD: 89733 Str Unit Msr-1 Msr-2 E-YR-Blt Grade Cond /oGood P/F/E/R Cost Class Kitch Qual: T Eff Yr Built: 1962 Mkt Adj: 1.2 G1 S 252 1988 A A 50///50 4,500 Heat Type: HW Ext Kitch: Year Built: 1950 Sound Value: VALUATION INFORMATION Fuel Type: ' G Grade: A Cost Bldg:' 107,700 Current Total: 293,700 Bldg: 112,200 Land: 181,500 MktLnd: 181,500 Fireplace: Bsmt Gar Cap: Condition: A Att Str Val1: Prior Total: 273,600 Bldg: 105,600 Land: 168,000 MktLnd: 168,000 Central AC: N Bsmt Gar SF: Pct Complete: Att Str Va12: Att Gar SF: %Good P/F/E/R: /100/100/76 Porch Tyne Porch Area Porch Grade Factor E 84 SKETCH PHOTO 12E 7 84 Sq.R. 7 14 26 No Picture U1925 960 Sq.Ft. Ava 24 24 r Parcel ID:210/047.0-0001-0000.0 as of 9/12/06 Page 1 of 1 North Andover Board of Assessors Public Access Page 1 of 1 MATCHING PARCELS Fiscal Parcel ID Address Owner Name Year LORRAINE BREEN TR, DANIEL B 2006 210 046.0-0037-0000.0 AVENUE DANIEL B BREEN NOMINEE TRUST 2006 210/047.0-0028-0000.0 LORRAINE TOWN OF NORTH AVENUE ANDOVER 10 LORRAINE BREEN TR, DANIEL B 2006 210/046.0-0018-0000.0 AVENUE DANIEL B BREEN NOMINEE TRUST 2006 210/047,0-_0001-0000.0 14 LORRAINE DUNSMORE, DOUGLAS & AVENUE PETER BREEN BREENMORE REALTY 2006 210/047.0-0004-0000.0 15 LORRAINE TRUST AVENUE D DUNSMORE & P BREEN Page: 1 of 1 1 I http://csc-ma.us/NandoverPubAcc/j sp/SaveSearch.j sp 9/12/2006 f t%ORTH q O �t�eo 6y ti0 OL O O coc.a�.gwm« 9 9 p04 TED SSAC HU`��� PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: August 6, 2007 TO OWNER OF RECORD PROPERTY LOCATION Peter Breen 15 Lorraine Ave. 770 Boxford Street North Andover,do er,MA 01845 North Andover, MA 01845 Re: 15 Lorraine Ave. A Health Department ORDER LETTER dated September 5, 2006 was issued to you as owner of record of the property listed above, citing violations of the MA Subsurface Disposal Regulations 310 CMR 15 and the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation. Subsequent inspections found that the home has tied into the municipal sewer and a re-inspection of the property on August 6, 2007 has found the problematic septic system has been properly abandoned. Thank you for your cooperation in this important matter of public health. Sincerely, S Y. sawyer, RENS. Public Health Director Xc: File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 14O RTH o¢ t,64 •�� ► 'p l'OS.Nf IMMSM 7' 4 ' rep PUBLIC �s'�ACH•J`��� i PUBLIC HEALTH DEPARTMENT Community Development Division Peter Breen 770 Boxford Street North Andover,MA 01845 September 5, 2006 Re: 15 Lorraine Ave Dear Mr. Breen, This correspondence is in response to a recent odor complaint received by the North Andover Health Department. The complaint investigation led the Health and Conservation Department personnel to your property at 15 Lorraine Ave. At a meeting held with you, and the Health and Conservation stW at the property on August 18, a large wet area was identified behind the home. In addition, discussion with you indicated that there had been previous odor concerns by your tenant. This prompted the Health Inspector to request that a Title V inspection of the system be conducted immediately. In addition, the Health Inspector, Michele Grant, took a water sample from the pooled water. The sample was taken to the North Andover Water Treatment Plant. A licensed wastewater treatment operator preformed a test for fluoride on the sample. The fluoride test confirmed that the water contained fluoride levels comparable to the municipal water and therefore the water was determined to be break out from the home's subsurface disposal system.m. The s is a h sY septic breakout health issue and a violation to the MA Subsurface Disposal Regulation and the MA Human t Habitation Code. Generally regulation allows 2 years for correction of a failed system, however 15.305 (2) provides latitude for circumstances that are considered an imminent health hazard. For this reason you are ordered (3 10 CMR 15.026(3)to have the outlet of the septic tank capped in order to create a modified tight tank within seven(7)days of receipt of this letter. A licensed installer shall apply for a permit at the Health Office and Health Department personnel shall be informed when the work is complete so they may observe the cap. 'The tank shall be pumped as often as necessary to eliminate overflow. The septic hauling company, hired to do the pumping, shall be informed that all pumping reports are required to be sent to the Health Office withinone week of pumping. A high water alarm shall be required to be placed within this tank, if the use of this tank exceeds 30 days. ..600 Osgood Street,North Andover,,Mossachusetts 01845 Whine 978.688.9540 rax 978.688.8476 Web www.towndnorthnndover.com i disposal osal s stem is compliant subsurface P Y The modified tank shall remain m Place until a comp designed and installed, or until the home is connectedto the municipal sewer. ff you have any he Health Office. If you feel that you are aggrieved questions r ardmg this Order Letter please contact the Board of Health r you you have the right to request a hearing before aggrieved by this order, feel this order should be modified or withdrawn. A request for said hearing must be made in the Health Department within seven(7)days from the receipt of this and received b nt witnesses writing and receY opportunity to be heard and to present order. At said hearing You will be given an opp documentary evidence as to why this order should be modified or withdrawn. Thank you for this very important matter of public health. Sinc "I ' san Sawyer,RZ S Public Health Director Cc: Conservation Department ` I 1600 Osgood Street,Worth Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Wob wwwjowoofnorthandover.com NORTF� 0 p 71pptArao �SS%CHUSE� CONSERVATION DEPARTMENT Community Development Division April 24,2007 Mr.Peter Breen 770 Boxford Street North Andover,MA 01845 RE: RESTORATION ACTIVITIES- Lorraine Avenue,North Andover Dear Mr.Breen, As you know, the North Andover Conservation Department issued an Amended Enforcement Order dated September 28,2006,which outlined specific conditions and deadline dates relative to the above-referenced property.You were required to restore the Bordering Vegetated Wetland (BVW) and portions of its Buffer Zone in accordance with the letter prepared by Greg Hochmuth, RS,dated September 22,2006 and accompanying plan entitled, "Plan of Land Showing Proposed Restoration Lorraine Avenue",prepared by The Neve-Morin Group, Inc.,dated September 21,2006 by no later than Thursday,May 31,2007. Since I have not heard from you,this letter has been prepared to remind you of those deadline dates and required action items. To reiterate from the Amended Enforcement Order,you are hereby mandated to complete to the �Y Y P following action items: Prior to the commencement of the restoration activities,the existing subsurface sanitary disposal system shall be capped to create a modified tight tank to avoid further break out towards the wetland resource area. The tank shall be pumped as often as needed to avoid overflow, or as directed by the North Andover Health Department. If this has been completed,please provide a written statement of when this was done and who was retained to do the work. �o Prior to connecting to municipal sewer,please contact the undersigned to go over the - f proposed tie-in location and activities associated with abandonment of the existing subsurface septic system. ❖ The mitigation efforts shall be conducted in accordance with the`Wetland Replication Construction Sequence'outlined on the above-referenced plan. . j1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm Prior to the commencement of any activities on site,the silt fence shall be installed as depicted on the approved plan referenced herein.This fence must be trenched 4—6"into the ground and backfilled appropriately. Please contact the undersigned prior to the commencement of any activities,so that I may inspect the location and installation of the erosion control. Once spring weather conditions are appropriate,the restoration-planting scheme shall be immediately implemented in order to take full advantage of the spring, summer,and fall growing seasons. Concurrently, the drainage ditch shall be reconstructed to mimic pre-existing site conditions.This should be completed by no later than May 31,2007. Immediately after the mitigation efforts are completed, the wetland scientist shall prepare an initial inventory report detailing the types and number of plant species installed, as well as amount of seed mix that was broadcasted throughout the area. This report shall be sent to the Conservation Department within 2 weeks of the installation. e• The Wetland scientist shall also monitor the wetland and buffer zone restoration areas for two (2) consecutive growing seasons. Monitoring reports shall be submitted to the Conservation Department at the end of each growing season (spring and fall).A total of four monitoring reports for the restoration areas shall be submitted over a 2-year period. Monitoring reports shall describe,using narratives plans,and color photographs,the physical characteristics of the wetland and buffer zone restoration areas with respect to stability, survival of vegetation and plant mortality, aerial extent and distribution, species diversity and vertical stratification (i.e. herb, shrub and tree layers),and the amount of invasive species in the area. If at the end of the second growing season,or at any time within the 2-year growing season period,it has been determined that a 75%success rate has not been achieved,the NACC shall require additional mitigation measures, such as additional plantings. w An as-built plan shall be prepared to ensure the drainage ditch and mitigation areas were built accordingly. This shall be submitted to this department by no later than Friday,June 22, 2007. Should you have any question or comments regarding the contents of this letter,please do not hesitate to contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT amela 4AEArrillk__ Conservation Associate Cc: North Andover Health Department Greg Hochmuth,RS,PWS,The Neve-Morin Group, Inc. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm Subject: PBreen Just an FYI....word is that Peter will be tying the 2 houses at the dead end of Lorraine Ave within the next 2 wks. Supposedly,ARCO will be doing the work; however,not sure if ARCO knows they will be doing it. Have you heard anything? Pam Pamela Merrill Conservation Associate North Andover Conservation Department 1600 Osgood Street Building 20, Suite 2-36 North Andover,MA 01845 Office: 978.688.9530 Fax: 978.688.9542 i 2 Grant, Michele From: Merrill, Pamela Sent: Monday, May 21, 2007 12:04 PM To: Grant, Michele Subject: FW: PBreen The abutter that initially complained about the problem believes she may own half the right of way (Lorraine Ave). If that's the case, there may be legal issues...not sure if the sewer can be extended without an easement from the abutter -----Original Message----- From: Willett,Tim Sent: Monday,May 21,2007 11:21 AM To: Merrill, Pamela Subject: RE: PBreen She may have legal rights to '/z of that R.O.W. -----Original Message----- From: Merrill, Pamela Sent: Monday, May 21, 2007 11:07 AM To: Willett, Tim Subject: RE: PBreen she's the one that ratted him out in the first place.what's her concerns? -----Original Message----- From: Willett,Tim Sent: Monday, May 21,2007 11:06 AM To: Merrill,Pamela Subject: RE: PBreen Saracusa, an Andover St abutter, has approached me and has concerns with this work. I'm not sure if the are legal issues involved. -----Original Message----- From: Merrill, Pamela Sent: Monday, May 21, 2007 9:59 AM To: Willett, Tim Cc: Grant, Michele Subject: RE: PBreen what's the issue with the private rd? -----Original Message----- From: Willett,Tim Sent: Monday,May 21,2007 9:54 AM To: Merrill,Pamela Subject: RE: PBreen Peter and I briefly discussed it about a month ago, but he still does not have any permits yet. Plus there may be an issue regarding the private road. -----Original Message----- From: Merrill, Pamela Sent: Monday, May 21, 2007 9:52 AM To: Willett, Tim Cc: Grant, Michele 1 ti' r NOFTp )f Massachusetts Map-Block-Lor p 047.0-0001 - • Town of North Andover f Health ----------------------- t, s^,f ,... Permit No �_�_. r •o....... h HEALTH DEPARTMENT 9/ �� j BHP-2006-0256 'sSACMU`+f4 ►n over ----------------------- ` FEE CHECK#: ��� -� $125.00 ----------------------- LOCATION: / onstruction Permit / H/O NAME: ------------------------------------------------------------------------ � I CONTRACTOR NAME: �T �C Type of Permit or License: (Check box) ----------------_____-_-__- -___ ❑ Animal $ Permit No. BHP-2006-025 Dated September 12,2006 ❑ Body Art Establishment $ ------------------------------------------------------------- ❑ Body Art Practitioner $ Board of Health ❑ Dumpster $ ❑ Food Service- $ 1 'f Massachusetts Map-Block-Lot ' ❑ Funeral Direct - 047.0-0001 - lealth ----------------------- ❑ Massage Esta ]over ❑ Massage Prai compliance ❑ Offal(Sept ❑ Recreatior Sewage Disposal System (Repair Only) ❑ Sun tannh --------------------------------------------------------------------- taller ❑ Swimmin f ❑ Tobacco 15 of the State Environmental Code as described in the ❑ Trash/So -2006-025_ Dated September 12 2006 rS 2,2 -- ❑ Well Coi ' I ----------------------------------------------------------------- SEPTIC Sys I Board of Health �'•Z.��� � C�s rr 1 .l ❑ Septic- ❑ Septic �?v i Name of Company S 8 Septic I - t -- --- ❑ Septic L- — -------- �� �C+� LI ❑ Title 5 Inspector y State Zip Code I ❑ Title 5 Report I Telephone Number(Cell Phone#if possible please) ❑ Other:(Indicate) $ I Name of Company I 1 791 Health Agent Initials State Zip Code White-Applicant Yellow-Health Pink-Treasurer ------- -------- ---- ---- -- Telephone Number(Best#to Reach) Application for Disposal System Construction Permit•Page 1 of 2 l µop* r Application for Septic Disposal System pConstruction Permit - TOWN OF TODAY'S DATE a w MA 01845 $ 250.00—Full Repair NORTH ANDOVER �9 gSR 's4..-'FKK ' $125.00-Component PAGE 2 OF 2 A. Facility Information continued.... 5. Type of Building: ®Residential Dwelling or ❑Commercial B. Agreement The undersigned agrees to ensure the construction and maintenance of the afore-described' on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code, as well as the Local Subsurface Disposal Regulations for the Town of North Andover, and not to place the system in operation until a Certificate of Compliance has been issued by this Board of Health. Name (JET �f�.✓ Date Application A rov d By: (Board of Health Representative) . Nam Date �— Application Disapproved for the following reasons: ....... ........w ......... For Office Use Only: 1. Fee Attacbed? Yes No 2. Project Manager Obligation Form Attacbed? Yes_ No 3. Pump System? If so,Attacb cop, f Electrical Permit Yes_ No 4. Foundation As-Built?(new construction ronly): Yes_ No (Same scale as approved plan) , 5. Floor Plans?(new construction only): Yes_ No '� Application for Disposal System Construction Permit-Page 2 of 2 NORT#f ' . Ot7'. ^;. 4,o Map-Block-Lot 3rif Massachusetts o -. w 047.0-0001 - ' Town of North Andover �f Health - Permit No DEPARTMEBHP-20000 NT 9 HEALTH �� 6 0256'S$I,���St� Andover ----------------------- FEE CHECK#: �j✓ I $125.00 ' LOCATION: onstruction Permit H/O NAME: CONTRACTOR NAME: Tyye of Permit or License:(Check box) ------------------------------------------------------------ ❑ Animal $ Permit No. BHP-2006-025 Dated September 12,2006 ---------------------- ---------------------------- ❑ Body Art Establishment $ ❑ Body Art Practitioner $ 1 Board of Health ❑ Dumpster $ -- ❑ Food Service-Type: $ f Massachusetts Map-Block-Lot ❑ Funeral Directors $ 047.0-0001 - Health ---------------------- ❑ Massage Establishment $ �ndover ❑ Massage Practice $ '"< ❑ al(Septic) $ tCOmpllarlce O ( ff ep 1 ❑ Recreational Camp $ 1 Sewage Disposal System (Repair Only) 1 ❑ Sun tanning $ � ------------------------------------------------ -- -----:--------------------------------- ----------- taller ❑ Swimming Pool $ ❑ Tobacco i 5 of the State Environmental Code as described in the ❑ Trash/Solid Waste Hauler $ i 2006-025 Dated September 12,2006 ❑ Well Construction $ i Board of Health SEPTIC Sustems: a ❑ Septic-Soil Testing $ ! t _ ZletE�4 Y C'Cz V z_ ❑ Septic--Design Approval $ Name of Company TOO C Stic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ J S^ ❑ Title 5 Inspector $ State Zip Code ❑ Title 5 Report $ Telephone Number(Cell Phone#if possible please) I ❑ Other. (Indicate) $ { Name of Company 1791 Health Agent Initials State Zip Code White-Applicant Yellow-Health Pink-Treasurer 1 Telephone Number(Best#to Reach) r - - Application for Disposal System Construction Permit•Page 1 of 2 i oq a",�, Application for Septic Disposal System ,.gtio 9Construction Permit - TOS OF TODAY'S DATE k , k r.* NORTH ANDOVER MA 01845 $ 250.00-Full Repair '' ' $125.00-Component PAGE 2OF2 A. Facility Information continued.... 5. Type of Building: ®Residential Dwelling or ❑Commercial B. Agreement The undersigned agrees to ensure the construction and maintenance of the afore-described' on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code, as well as the Local Subsurface Disposal Regulations for the Town of North Andover, and not to place the system in operation until a Certificate of Compliance has been issued by this Board of Health. Name (J�= f�J� Date Application A rov d By: (Board of Health Representative) . Nam Date ©� ! Application Disapproved for the following reasons: For Office Use Only: L Fee Attached? Yes No fi 2. Project Manager Obligation Form Attached? Yes No 3. Pump System? If so,Attach copy of Electrical Permit Yes_ No 4. Foundation As-Built?(new construction ronly): Yes_ No (Same scale as appro wd plan) , 5. Floor Plans?(new construction only): Yes_ No Application for Disposal System Construction Permit•Page 2 of 2 e` 9 :..`NORTH 1 Town of North Andover HEALTH DEPARTMENT HU C^ CHECK#: $> ' LOCATION: If �,�� /✓� 1/ 4' H/O NAME: r 1.95'�r'X47 CONTRACTOR NAME: 4ex_��� Type of Permit or License: (Check box) ' ❑ Animal $ Y' ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ f ❑ Food Service-Type. $ n ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ I' ❑ Recreational Camp $ ❑ Sun tanning $ r.' ❑ Swimming Pool $ ❑ Tobacco $ ❑ TrashlSolid Waste Hauler $ r ` ❑ Well Construction $ SEPTIC Systems: :. ❑ Septic-Soil Testing $ ` ❑ Septic--Design Approval $ 0S ptic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ': ❑ Title 5 Inspector $ ❑ Title 5 Report $ rs r ❑ Other. (Indicate) $ 1791 Health Agent Initials White-Applicant Yellow-Health Pink-Treasurer . + „pRTh f Commonwealth of Massachusetts Map-Block-Lot �`° �•°aa0c 047.0-0001 - Board of Health P pPermit No s a BHP-2006-0256 North Andover --------------- --- P.I. FEE ,SSACMU9tt F.I. $125.00 ----------------------- Disposal --------------------- Disposal Works Construction Permit Permission is hereby granted Peter Breen - - - --------------------------------------------------------------------------------------------- to(Repair Only)an Individual Sewage Disposal System. at No 14 LORRAINE AVENUE as shown on the application for Disposal Works Construction Permit No. BHP-2006-025 Dated September 12,2006 ------------------------ --------------------------- ----------------------------------------------------------------- Issued On: Sep-12-2006 Board of Health woRrM Map-Block-Lot Commonwealth of Massachusetts b. a �p 047.0-0001 - n Board of Health -------------- -------- North Andover mss••-����< Certificate of Compliance SACWUgt i THIS IS TO CERTIFY That the Individual Sewage Disposal System (Repair Only) by Peter Breen ---------------------------------------------------------------- - ---------------------------------------------------------------------------------------------- Installer at No 14 LORRAINE AVENUE has been installed in accordance with the provisions of TITLE 5 of the State Environmental Code as described in the application for Disposal Works Construction Permit No. -BHP-2006-025- - -- Dated Sepber 12,200.6 -- ------ ---- ------ -tem - - - ------------------------------------------------------------------------ Printed On: Sep-12-2006 Board of Health 'Septic Disposal System lication�tor --- -- ---------- --- ._ s o TODAY'S DATE µConstruction Permit — TOWN OF = .. .. : :. y> NORTH ANDOVER, MA 01845SA - .a0=Fu'I-Repair � $125.00-Compote Important: Application is hereby made for a permit to: When filling out ❑ Construct a new on-site sewage disposal system* forms on the computer,use ❑ Repair or replace an existing on-site sewage disposal system* only the tab key to move your G].Repair or replace an existing system component cursor-do not use the return key. A. Facility Information � raD Address or Lot# etw City/TownL� --- — 2.- *TYPE OF SEPTIC SYSTEM*: ❑ Pump Gravity (choose one) ***If pump system, attach copy of electrical permit to application*** ❑Conventional System (pipe and stone system) ❑ Infiltrator or Biodiffuser(Gravel-Less) (Attach a copy of your certification to install this type of system. ❑ Pressure Distribution S.A.S. (No D-Box) (Attach Draft Maintenance Agreement) ❑ Pressure Dosed (D-Box Present)S.A.S. 2. Owner Information Nae - � � SL_ - Address Of different ftom above) Cit /Town State Zip Code Telephone Number 3. Installer Information Name 20 Iq Name of Company. Address ` City/Town State Zip Code Telephone Number(Cell Phone#if possible please) 4. Designer Information Name Name of Company Address City/Town State Zip Code --- ------- ------------..._--- Telephone Number(Best#to Reach) } Application for Disposal System Construction Permit-Page 1 of 2 N°{ Applicationfor Septic Disposal System _ O TODAY'S DATE -Construction Permit — TOWN OF NORTH ANDOVER, MA 01845 $ 250.00—Full Repair $125.00-Component PAGE 2 OF 2 A. Facility Information continued.... 5. Type of Building: OResidential Dwelling or❑Commercial B. Agreement The undersigned agrees to ensure the construction and maintenance of the afore-described' on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code, as well as the Local Subsurface Disposal Regulations for the Town of North Andover, and not to place the system in operation until a Certificate of Compliance has been issued by this Board of Health. Name cc_-T �_ f� Date Application A ro' d By: (Board of Health Representative) . Nam Date Application Disapproved for the following reasons: ............ ............. For Office Use Only: L Fee Attached? Yes No 2. Project Manager Obligation Form Attached? Yes No 3. PumpSystem? If so,Attach copy otElectrical Permit Yes_ No 4. Foundation As-Built?(new construction ronly): Yes_ No (Same scale as approved plan) 5. Floor Plans?(new construction only): Yes_ No Application for Disposal System Construction Permit•Page 2 of 2 Town of North Andover—Health Department COMPLAINT FORM GEOTMS system is down for complaint entries. This is the alternative system when that is down. DATE: Friday,August 18, 2006 Time of Report. 8 SS_..a.m.---Rep_ort taken by: Pamela DelleChiaie Copy of Repok—Susan Sawyer, Health Director; Michele E. Grant, Health Inspector;Alison McKay, Conservaii'on�l�errill,Co ervation; File TYPE OF COMPLAINT: Environmental(illegal fill/Wetland area); Septic Violations; Odors COMPLAINTANT NAME: Michelle Saracusa ADDRESS: 210 Andover Street (on corner of Andover Street& Lorraine Avenue) PHONE: 978.682.7761 COMPLAINT AGAINST: Peter Breen, 770 Boxford Street,North Andover ADDRESS OF COMPLAINT: Properties on Lorraine Avenue PHONE: 978.687.2078 COMPLAINT: Ms. Saracusa lives on the corner of Andover Street, and Lorraine Avenue, a private way. (Side Note: Upon research, it is known that all the parcels on this street are owned by Peter { Breen, with the exception of one, owned by the Town of North Andover.pfd). The homes that are on this way are believed, by caller, to be on septic. Over the last couple of days,Mr. Breen has been bringing in fill for the parcel to the rear of Ms. Saracusa's property (but on Lorraine Avenue). For the last month or so, there has been a strong odor of a sewage type smell. Caller thinks that Mr. Breen should not be bringing in fill as there are wetlands nearby, and all the properties on this private way are on septic, as she does not believe sewer lines go up that way. She will also be calling the Conservation Department with her concerns. Summary of Issues: possible failing septic system(s) causing noxious odors; illegal fill; Attached: Property cards printed; Visual Images of properties from zillow.com; files pulled; Mr. Breen's contact information provided , ACTION: CLOSED: II i North Andover Board of Assessors Public Access Page 1 of 1 y. MATCHING PARCELS Fiscal Parcel ID Address Owner Name Year LORRAINE BREEN TR, DANIEL B 2006 21.0./046.0=0037-0000.0 AVENUE DANIEL B BREEN NOMINEE TRUST 2006 21.0/047.0_-0028-0000.0 LORRAINE TOWN OF NORTH AVENUE ANDOVER 10 LORRAINE BREEN TR, DANIEL B 2006 210/046.0-0018-0000.0 AVENUE DANIEL B BREEN NOMINEE TRUST 2006 210/047.0-_0001_-0000..0 14 LORRAINE DUNSMORE, DOUGLAS & AVENUE PETER BREEN BREENMORE REALTY 2006 210/047.0-0004=0000.0 15 LORRAINE TRUST AVENUE D DUNSMORE & P BREEN Page: 1 of 1 1 i http://csc-ma.us/NandoverPubAcc/j sp/SaveSearch.j sp 8/18/2006 NQRTFj . a 0 Area s$AC HUSH PUBLIC HEALTH DEPARTMENT Community Development Division it Peter Breen 770 Boxford Street North Andover, MA 01845 September 5, 2006 Re: 15 Lorraine Ave Dear Mr. Breen, This correspondence is in response to a recent odor complaint received by the North.Andover Health Department. The complaint investigation led the Health and Conservation Department personnel to your property at 15 Lorraine Ave. At a meeting held with you, and the Health and Conservation staff, at the property on August 18, a large wet area was identified behind the home. In addition, discussion with you indicated that there had been previous odor concerns by your tenant. This prompted the Health Inspector to request that a Title V inspection of the system be conducted immediately. In addition,the Health Inspector,Michele Grant, took a water sample from the pooled water. The sample was taken to the North Andover Water Treatment Plant. A licensed wastewater treatment operator preformed a test for fluoride on the sample. The fluoride test confirmed that the water contained fluoride levels comparable to the municipal water and therefore the water was determined to be break out from the home's subsurface disposal system. The septic breakout is a health issue and a violation to the MA Subsurface Disposal Regulation and the MA Human Habitation Code. Generally regulation allows 2 years for correction of a failed system, however 15.305 (2) provides latitude for circumstances that are considered an imminent health hazard. For this reason you are ordered(3 10 CMR 15.026(3)to have the outlet of the septic tank capped in order to create a modified tight tank within seven(7)days of receipt of this letter. A licensed installer shall apply for a permit at the Health Office and Health Department personnel shall be informed when the work is complete so they may observe the cap. The tank shall be pumped as often as necessary to eliminate overflow. The septic hauling company, hired to do the pumping, shall be j informed that all pumping reports are required to be sent to the Health Office within one week of pumping. A high water alarm shall be required to be placed within this tank, if the use of this tank exceeds 30 days. I 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com i tank shall remain in lace until a compliant subsurface disposal system is The modified t p designed and installed, or until the home is connected to the municipal sewer. If you have any questions regarding this Order Letter please contact the Health Office. If you feel that you are aggrieved by this order, you have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will.be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. Thank you for this very important matter of public health. Sinc ly, san Sawyer, SIRS Public Health Director Cc: Conservation Department i 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofoorthandover.com I North Andover Board of Assessors Public Access Page 1 of 1 Parcel ID: 210/046.0-0037-0000.0 Community: North Andover SKETCH PHOTO N0 "" kgmtch No iur ' %,*� %7 Available Available Location: LORRAINE AVENUE Owner Name: BREEN TR,DANIEL B DANIEL B BREEN NOMINEE TRUST Owner Address: 10 LORRAINE AVENUE - City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 5 - 5 Land Area: 0.22 acres Use Code: 130 - RES-DEV-LAND Total Finished Area: 0 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 144,200 133,500 Building Value: 0 0 Land Value: 144,200 133,500 Market Land Value: 144,200 Chapter Land Value: LATEST SALE Sale Price: 1 Sale Date: 10/11/2001 Arms Length Sale Code: F-NO-CONVNIENT Grantor: DANIEL BREEN Cert Doc: Book: 06413 Page: 0246 http://csc-ma.us/NandoverPubAcc/asp/Home. sp?Page=3&Linkld=804217 8/18/2006 North Andover Board of Assessors Public Access Page 1 of 1 Parcel ID: 210/046.0-0018-0000.0 Community: North Andover SKETCH PHOTO Click on Sketch to Enlarge { 114o i c t u r i ti a qu Location: 10 LORRAINE AVENUE Owner Name: BREEN TR,DANIEL B DANIEL B BREEN NOMINEE TRUST Owner Address: 10 LORRAINE AVENUE City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 5 - 5 Land Area: 0.19 acres Use Code: 101 - SNGL-FAM-RES Total Finished Area: 2286 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 296,000 328,000 Building Value: 180,800 180,800 Land Value: 115,200 147,200 Market Land Value: 115,200 Chapter Land Value: LATESTSALE Sale Price: 1 Sale Date: 10/11/2001 Arms Length Sale Code: F-NO-CONVNIENT Grantor: FANDANIEL BREEN Cert Doc: Book: 06413 Page: 0248 http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=3&Linkld=804200 8/18/2006 North Andover Board of Assessors Public Access Page 1 of 1 Parcel ID: 210/047.0-0001-0000.0 Community: North Andover SKETCH PHOTO Click on Sketch to Enlarge o *ctr A v ae"I'l Go%b Location: 14 LORRAINE AVENUE Owner Name: DUNSMORE, DOUGLAS & PETER BREEN Owner Address: 14 LORRAINE AVENUE City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 5 - 5 Land Area: 0.99 acres Use Code: 101 - SNGL-FAM-RES Total Finished Area: 960 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 293,700 273,600 Building Value: 112,200 105,600 Land Value: 181,500 168,000 Market Land Value: 181,500 Chapter Land Value: LATESTSALE Sale Price: 300,000 Sale Date: 07/15/2002 Arms Length Sale Code: Y-YES-VALID Grantor: NORWOOD,REGINA Cert Doc: Book: 06945 Page: 0219 http://csc-ma.us/NandoverPubAcc/jsp/Home jsp?Page=3&Linkld=804360 8/18/2006 North Andover Board of Assessors Public Access Page 1 of 1 Parcel ID: 210/047.0-0004-0000.0 Community: North Andover SKETCH PHOTO Click on Sketch to Enlarge Click on Photo to Enlarge t• 1 15 LORRAINE AVENUE Location: 15 LORRAINE AVENUE Owner Name: BREENMORE REALTY TRUST D DUNSMORE & P BREEN Owner Address: 15 LORRAINE AVENUE City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 5 - 5 Land Area: 0.89 acres Use Code: 109 -MULTIPLE-RES Total Finished Area: 1296 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 288,300 268,500 Building Value: 110,900 104,200 Land Value: 177,400 164,300 Market Land Value: 177,400 Chapter Land Value: LATESTSALE Sale Price: 1 Sale Date: 08/08/1994 Arms Length Sale Code: F-NO-CONVNIENT Grantor: BREEN & DUNSMORE Cert Doc: Book: 04102 Page: 0234 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=3&Linkld=804363 8/18/2006 i North Andover Board of Assessors Public Access Page 1 of 1 Parcel ID: 210/047.0-0028-0000.0 Community: North Andover SKETCH PHOTO NO SkeAch No victure Available Available Location: LORRAINE AVENUE Owner Name: TOWN OF NORTH ANDOVER Owner Address: 120 MAIN STREET City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 5 - 5 Land Area: 0.01 acres Use Code: 903 - CTY-TWN-PROP Total Finished Area: 0 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 40,500 37,500 Building Value: 0 0 Land Value: 40,500 37,500 Market Land Value: 40,500 Chapter Land Value: LATEST SALE Sale Price: 0 Sale Date: 12/31/1961 Arms Length Sale Code: N-NO-OTHER Grantor: Cert Doc: Book: 00675 Page: 0493 http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=3&Linkld=804387 8/18/2006 itlo .com 14 Lorr ine ve Tr;-t n ower fl184 icrosoft Internet • plorer _ ❑� X Think -,qu Pay re�t'Map Vew Rir�"TEy view E00 uc or You Mart age,7 ♦ Satellite HYbnd p'-a: 1n U:: Vii." VIP.- k d . .. .. cum` .A.•�.✓9 .►..^" '-. ''"• 1Ic YO V RtSTIn,TF' r�. MaWr, 1Carp _ TYPE.,. M ISHMMI om , &RS i'1~ ;O; Healtf�D.. <J Nliaosoft... Zi1low.co... { itto .com - 1 Lor ain ve North A dower MA 4 L&B 5 i-c-o'osoftlInficrnet plover a� X i \ SatPi(rke Nyksnd " �' in u • 5 • -� �'!'F,. •����r. '3 'fit" ��� 1#s �,✓� � � •• �� � t��• � p`'� .�cCozp� G{..iCst YouR RA76 Ctr 2T�R .CREo1T"TYPE_, MMmain ome " MULS hovr 1 om_ Sra �O; Health D... =J Microsoft.., � MORTh 9 i O it�eD e y O �O A ��SSACHUSE��y CONSERVATION DEPARTMENT Community Development Division September 28, 2006 Mr. Peter Breen 770 Boxford Street North Andover, MA 01845 VIA CERTIFIED MAIL #70020510000008939677 RE: ADDENDUM TO THE ENFORCEMENT ORDER- 14 Lorraine Avenue, North Andover Dear Mr. Breen, This department is in receipt of the letter prepared by Greg Hochmuth, RS, dated September 22, 2006 and accompanying plan entitled, "Plan of Land Showing Proposed Restoration Lorraine Avenue", prepared by The Neve-Morin Group, Inc., dated September 21, 2006. The plan depicts the wetland boundary as delineated by Greg Hochmuth, RS, Senior Wetland Scientist. The amount of disturbance that had occurred within the Bordering Vegetated Wetland (BVW) and its 25' No Disturbance Zone was determined to be quite substantial. Furthermore, it was concluded that a drainage ditch / swale that was also cleared and filled in. The depth of the fill that was spread throughout the site was between 2 — 18" in depth. The Neve-Morin Group, Inc., has proposed a detailed wetland replication construction sequence, as well as a planting and seed mix list. These documents have been reviewed and are hereby approved under the Enforcement Order. You are hereby mandated to do the following under this addendum to the Enforcement Order issued on September 5, 2006: Prior to the commencement of the restoration activities, the existing subsurface sanitary disposal system shall be capped to create a modified tight tank to avoid further break out towards the wetland resource area. The tank shall be pumped as often as needed to avoid overflow, or as directed by the North .Andover Health Department. The mitigation efforts shall be conducted in accordance with the `Wetland Replication Construction Sequence' outlined on the above-referenced plan. 1600 Osgood Street,Building 20,State 2-36,North Andover, Massachusetts()1845 Phone 978.688.9530 Fax 978.688.9542 web wivxv.http://tvv"v.townofnorthandover.com/Conservel.litm I o Prior to the commencement of any activities on site, the silt fence shall be installed as depicted j on the approved plan referenced herein. This fence must be trenched 4—6" into the ground and backfilled appropriately. t Since we are approaching the end of the growing season, the stockpiled logs and debris shall be removed from the site and disposed of properly. Subsequently, all fill within the wetland resource area and its associated Buffer Lone shall be removed until the original soil surface is evident. A Professional Wetland Scientist shall verify and confirm that this has been successfully completed. This shall be completed by no later than Monday, October 9, 2006. Upon completion of the above action items, the disturbed areas shall be immediately stabilized with a fast growing seed t'nix (i.e., annual rye grass) for winter stabilization. "This seed mix will germinate quickly,providing temporary stabilization to this area. Annual rye grass also has a shallow roots system, so it can be easily dug up when the permanent restoration efforts are conducted in the spring. This shall be completed by no later than Monday, October 9, 2006. Once spring weather conditions are appropriate, the restoration-planting scheme shall be immediately implemented in order to take full advantage of the spring, summer, and fall growing seasons. Concurrently, the drainage ditch shall be reconstructed to mimic pre-existing site conditions. This should be completed by no later than May 31, 2007. Immediately after the mitigation efforts are completed, the wetland scientist shall prepare an initial inventory report detailing the types and number of plant species installed, as well as amount of seed mix that was broadcasted throughout the area. This report shall be sent to the Conservation Department within 2 weeks of the installation. The Wetland scientist shall also monitor the wetland and buffer zone restoration areas for two (2) consecutive growing seasons. Monitoring reports shall be submitted to the Conservation Department at the end of each growing season (spring and fall). A total of four monitoring reports for the restoration areas shall be submitted over a 2-year period. Monitoring reports shall describe, using narratives plans, and color photographs, the physical characteristics of the wetland and buffer zone restoration areas with respect to stability, survival of vegetation and plant mortality, aerial extent and distribution, species diversity and vertical stratification (i.e, herb, shrub and tree layers), and the amount of invasive species in the area. If at the end of the second growing season, or at any time within the 2-year growing season period, it has been determined that a 75% success rate has not been achieved, the NACC shall require additional mitigation measures, such as additional plantings. :kn as-built plan shall be prepared to ensure the drainage ditch and mitigation areas were built accordingly. Prior to connecting to municipal sewer, please contact the undersigned to go over the proposed tie-in location and activities associated with abandonment of the existing subsurface septic system. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Mass chusctts 01845 Phonc')78.688.9530 Fax 978.688.9542 W'eb wxvxv.littp://wtiv�v.townofiorthandovcr.coin/consci�el.litm t In accordance with the provisions set forth in the North Andover Wetlands Bylaw, the Conservation Commission reserves the right to modify, this letter,which may result in future enforcement action, including a fine. The violations as documented herein are subject to a $100 per day,per violation' until such time as the impacted resource areas have been mitigated. At this time this Department has elected NOT to levy a fine. However, the NACC reserves the right to levy a fine, retroactive from the date the violations were documented, should this Enforcement Order or the deadline dates not be adhered to. Should you have any question or comments regarding the contents of this letter, please do not hesitate to contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSE VATION DEPARTMENT Pamela A. Merrill Conservation Associate Attachment: Enforcement Order Cc: Alison McKay, Conservation Administrator Susan Sawyer, Health Director Michele Grant, Health Agent Curt Bellavance,AICP, Community Development Director Greg Hochmuth, RS, PWS,The Neve-Morin Group, Inc. MA Department of Environmental Protection,NERO Wetlands Division 'North Andover Wetlands Protection BN-law,Section 17 8.10,Enforcement,lnvestigations& Violations. 1600 Osgood Street,Building 20,Suite 2-36,North.Andover,t\lassachusetts 018=15 Phone 978.688.9530 has 978.688.9542 Web wvvw. http://www.towliof iortluuidover.com/conscii el.litm DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Tuesday, September 12, 2006 4:12 PM To: Merrill, Pamela Subject: Lorraine Avenue Importance: High Hi Pam, Please note for your records that recent correspondence regarding 15 Lorraine Avenue, actually is for 14 Lorraine Avenue (Map 47, Parcel 1). Peter Breen just pulled a permit today to repair the septic tank on that property, and confirmed it is indeed#14. 1 don't know if you need to change your WPA Form 9 Enforcement Order or not. Just FYI for you. 8a8f Regwad8, Pu�yaBA D¢��aG�lOiAia Health Department Assistant Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover,MA o1845 978.688.9540-Phone 978.688.8476-Fax http://www.townofnorthandover.com healthdept@townofnorthandover.com Massachusetts Department of Environmental Protection .. a• DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order A i 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 September 5, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mr. Peter Breen return key. Name of Violator 770 Boxford Street, North Andover, MA 01845 'D Address 1. Location of Violation: Property Owner(if different) 15 Lorraine Avenue Street Address North Andover 01845 City/Town Zip Code Map 47 Parcel 4 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): This Enforcement Order is being issued for the unauthorized tree clearing and illegal filling of a jurisdictional wetland resource area. You are hereby required to cease and desist all activities with the exception of allowing the wetland scientist to conduct exploratory soil borings to determine the wetland boundary. Please refer to the attached letter prepared by the North Andover Conservation Department dated September 5, 2006 for additional information and required action items. 1 f i B. Fii i The Iss Scribed above is in a resource area and/or buffer zone ar - I.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 wpaform9a.doc•rev.7114104 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Num er: �...\ Bureau of Resource Protection - Wetlands 1, WPA Form 9 — Enforcement Order il\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 r 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: I 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 September 22, 2006 Date for the following: all jurisdictional wetland resource areas and the associated buffer zones, as determined by The Neve-Morin Group, Inc., and the North Andover Conservation Department. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc•rev.7/14/04 Page 2 of 4 , Massachusetts Department of Environmental Protection LlBureau of Resource Protection - WetlandsDEP File Number: WPA Form 9 — Enforcement 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 September 5, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mr. Peter Breen return key. Name of Violator 770 Boxford Street, North Andover, MA 01845 gab Address 1. Location of Violation: Property Owner(if different) 15 Lorraine Avenue Street Address North Andover 01845 City/Town Zip Code Map 47 Parcel 4 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): This Enforcement Order is being issued for the unauthorized tree clearing and illegal filling of a jurisdictional wetland resource area. You are hereby required to cease and desist all activities with the exception of allowing the wetland scientist to conduct exploratory soil borings to determine the wetland boundary. Please refer to the attached letter prepared by the North Andover Conservation Department dated September 5, 2006 for additional information and required action items. 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 wpaform9a.doc•rev.7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection WPA Form 9 — Enforcement Order DEP File Num�ier: Bureau of Resource Protection - Wetlands Massachusetts Wetlands Protection Act M.G.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 September 22, 2006 Date for the following: all jurisdictional wetland resource areas and the associated buffer zones, as determined by The Neve-Morin Group, Inc., and the North Andover Conservation Department. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc•rev.7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ 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 Name 978.688.9530 Phone Number Monday through Friday 8:30am to 4:30pm Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission wpaform9a.doc•rev.7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Conservation Commission signatures required on following page. D. Appeals/Signatures (cont.) 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 persoW or certified mai number WO 0 wpaform9a.doc•rev.7114104 Page 4 of 4 I i NORTH .q '6e �O OL 0 'K req 10JF ��SSAeHus�i�y CONSERVATION DEPARTMENT Community Development Division September 5,2006 Mr. Peter Breen 770 Boxford Street North Andover,MA 01845 VIA CERTIFIED MAIL,#70020510000008939714 RE: ENFORCEMENT ORDER-15 Lorraine Avenue,North Andover Dear Mr. Breen, This letter and attached Enforcement Order are being issued to you as the property owner,who is ultimately responsible for the actions and / or work performed at the above referenced property. As the property owner,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. LAWS AND FINDINGS On Friday,August 18,2006 the North Andover Conservation Department and Health Department each received a complaint regarding illegal filling of a wetland resource area and a potential failing septic system at 15 Lorraine Avenue.As you are aware, on August 23,2006 an onsite meeting was held to determine the extent of the alleged violations. Present during that meeting other than yourself was Michele Grant,Health Inspector and Pamela Merrill, Conservation Associate. Based on the information you stated at the meeting,in the fall 2005 the large forested area had been thinned as a result of the large amount of dead trees that were being choked out by the invasive bittersweet vines. Most recently, unscreened loam was had been spread throughout portions of the lot. It is my understanding that you intended on preparing the area so that you could plant Christmas trees. You also stated that the property had been `walked' by two (2) wetland scientists on multiple occasions within the last 10 years, and who determined the area `was not wet'. However, soil borings taken within and along the edge of fill 1600 Osgood Street,Building 20,Suite 2-36,North,-Andover,l'[assachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www. http://w�,-�v.townofnortliandover.com/consei-�-el.l.itm I concluded that a portion of this lot is wet. I am aware that you have retained the services of Greg Hochmuth, RS,PWS of The Neve-Morin Group, Inc. to review the extent of the wetland boundary. REQUIRED MITIGATION As previously explained, the unauthorized tree removal and filling within a resource area and / or within the jurisdictional 100'Buffer Zone constitutes as serious violations under the Town of North Andover Wetlands Protection Bylaw (Chapter 178 of the Town General Laws) and its Regulations, as well as the Massachusetts Wetlands Protection Act and its Regulations. Consequently,you are hereby mandated to do the following. •a You are hereby required to CEASE AND DESIST all work on site with the exception of allowing the wetland scientist to conduct exploratory soil borings in order to determine the wetland boundary. The wetland boundary shall be reviewed and approved by the Conservation Department. �o A professional land surveyor shall subsequently prepare a plan depicting the site's existing conditions,including the wetland boundary,25'No Disturbance Zone, 50'No Build Zone and 100'Buffer Zone. •a The wetland scientist shall prepare a restoration report and plan in an effort to mitigate the disturbance to the wetland resource area and its butler zones. This plan shall detail the proposed planting scheme (including species, height, amount to be planted and location) of the resource area and its associated buffer zones, and shall be submitted to this office by no later than Friday, September 22,2006 for review and a,.pnroval. Upon approval of this report, a follow up letter will be prepared detailing the mandatory start / completion dates of the restoration area, as well as specific monitoring requirements. Any additional proposed work within the Buffer Zone (i.e., septic repair,Christmas tree field, etc) shall be filed under the appropriate DEP application. In accordance with the provisions set forth in the North Andover Wetlands Bylaw, the Conservation Commission reserves the right to modify this letter,which may result in future enforcement action,including a fine.The violations as documented herein are subject to a $100 per day,per violation' until such time as the impacted resource areas have been mitigated. At this time this Department has elected NOT to levy a fine. However,the NACC reserves the right to levy a fine,retroactive from the date the violations were documented, should this Enforcement Order or the deadline dates not be adhered to. 'North Andover Wetlands Protection Bvlaw,Section 178.10,Enforcement,Investigations&Violations. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,;Massachusetts 01845 Phone 978.658.9530 Fa-N 978.688.9542 Web%v,,vw.http://,�NA.-�v.townofnortliandover.com/conservel.litm 1` N Should you have any question or comments regarding the contents of this letter,please do not J hesitate to contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CO SERVATION DEPARTMENT Pamela A. Merrill Conservation Associate Attachment: Enforcement Order Cc: lllison McKay,Conservation Administrator Susan Sawyer,Health Director Michele Grant,Health Agent Curt Bellavance,AICP,Community Development Director Greg Hochmuth,RS,PWS,The Neve-Morin Group,Inc. MA Department of Environmental Protection,NERO Wetlands Division t 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone)73.688.)530 Fax 978.688.9542 Web Nvww. httr:/ to,,vnotnorthandover.com/aonscrve1.fitm I I—li/y cher this Plan w s prepared - P l e n 0 f L o n d in conformance with the"/"and - -- �%'J -F..,.J / gulations of th(eI register of deeds. { - ae O North Andover, Mass. ✓3:<30�' _ i year,wam,pave _-�' bzw ib" 1 11 d For N�4.ti a9, i r0� w m`_� m>D "" t, - N » la 'repo:e • �v� e� - `4T ;, «z�?° ° �,r i Breenrnore Realty Trust p.e \ 'd give Aa—1—111-1-Nmm A11-1.lass. d0 jd. ,1 Rd Scds:1••=40' l.�evenrder ,C. 1997 A ", ,B_ 1 a tee I o07' sod JY,L e.r pit- . Ap.zs' p slonpwan,c .x1, 1 0 40 80 ;20 160 [=yy Zoning District pid B M 1"y 16e -11.T' j �e,;;N '� a Dniterien .Sb H' H.Bleep R81 In w'ER.P) m R-3 Residence 3 District t Rpbp Bnfps II F elt�µ[FD` Dy. bap JOY pons p00° 711 / Assessors Me P 96 Parcel 39 / ly,625 p00 Wes t" . m n.°ar: A NORTH I 0.51 A ' NDOVER Shed / NORTHPLANNINGA BOARD r✓c.�9' Approval Under The p� Subdivision Control 99.g8' .g 0 i 1° \ Law Not Required _ em l I ParcelS.F. pe{ate( IS�Zo�9 41,1 Acres a ro� 7 70 o _ � a Reference Plans n re RCaItY R Bert°c'pre arY 1.)Pbn 3558 M N.E.R. Crrcle) BreenpT�agt °Cpe 2.)UnReco,ded Pion Of"Stevens Perk"Preoored �.� to,Jahn J.H Icy By John F—Win C.E. I Doted Augvst 1924 Note:Porcel'B' In and Of hse/f Is Not A 3.)U,W,co,ded Plan Prepmed For John W.Duffy & Bo1wn�0f North Ando—,e With The By J—Fronklur CE Doted November 1924. )N C. g 4.)P,'on Of Land Prepared Far Robert A.&Lech N°)jne A' By-Low. Bu,ne Doled Morch 22, 1996 f'r pored BY Narpoad p.0.) Thomas E I✓eve Associates,Inc. Is"pp1 jj0r n Locus Map Sca/ 2o,;a" e: J"=JSOo' p6.41� W p0 _g7 7•59s� s Dianh Jam a N an)a vv � I, qi Do RCpges wle Nm / nald dell r 1s. ul '� _•'� 16p°'' :o \ NerY penSic pptenp IIS/ tcp c"° `.9 l Norm Row^e p) //)�'✓�( qyY� David 60"N.rP RppEe IIS 0'SITE Chan "sa+A ,irb U e S �L 'SITE t' 1 °� f) t l� W& £ omes E.Neve-Lend use Ron- 441 -Old Boston Road-U.S.Route 1 Tops6el4 Massachusetts 01983 887-8586 1552-FA-2 !I 8K 6945 PG 219 ' MASSACHUSETTS QUITCLAIM DEED SHORT FORM(INDIVIDUAL) 881 I, REGINA A.NORWOOD of North Andover,Essex County,Massachusetts for consideration paid,and in full consideration of THREE HUNDRED THOUSAND AND 00/100 ($300,000.00)DOLLARS gram to Douglas Dunsmore and Peter R. Breen, Trustees of Breenmore Realty Trust u/d/t dated February 27, 1984 and recorded at Book 1782, Page 18 as amended by Amendment recorded herewith of 95 Lawrence Road, Boxford, MA 01921 with quitclaim covenants C4 cc the land in said North Andover with all the buildings thereon on a plan of land entitled"Plan of Stevens C7 Park,.North Andover,Mass.,owned by John J.Hurley,November 8, 1946,which plan is recorded with the North Essex District Registry of Deeds as Plan No.2302,bounded and described as follows: Nom: One hundred(100)feet by land of Harold Lees; Law:' Four Hundred Twenty-four and 93/100(424.93)feet by land of John J.Hurley; Sod : One Hundred and 58/100(100.58)feet by land of owners unknown but formerly called o Klondike Park;and Wes • Four Hundred Thirty-five and 77/100(435.77)feet by a way known as Lorraine z Avenue. 0 z The within described premises are hereby conveyed subject to and with the benefit of all easements and restrictions of record,so far as the same are in force and applicable. Being the same premises conveyed to me by my late husband,MALCOLM G.NORWOOD,by Deed fl S dated July 29, 1967 and recorded at the North Essex Registry of Deeds at Book 1087,Page 243. C o The said MALCOLM G.NORWOOD having died on November 3, 1989. 0 JUL 16'02 pM2:23 WITNESS my hand and seal this 15th day of July,2002. Ir NA A.NORWOOD a The Commonwealth of Massachusetts Essex,ss July 15,2002 Then personally appeared the above named REGINA A.NORWOOD and acknowledged the foreg�ing instrument to be her free act and deed before me. C-ANCELLED AND M.GRA11fZEWICW Notary Public My Commission Expires: June 20,2008 ( Individual-Joint Tenants-Tenants in Common) a..nnr i ER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Lvery dged presented for record shall contain or have endorsed upon it the full name,residence and post office address of the grantee and a recital of the amount of the t'ulll donsideration thereof in dollars or the nature of the other consideration therefore,if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not after the validity of any deed. No registry of dads shall accept a deed for recording unless it is in compliance with the requirements of this section. Return to: MARK JOHNSON,ESQUIRE BK 6945 PG 224 Return: Mark B. Johnson/Box 7 SPACE ABOVE THIS LINE RESERVED FOR REGISTRY OF DEEDS USE MORTGAGE AND SECURITY AGREEMENT � KNOW ALL MEN BY THESE PRESENTS C� THAT Douglas Dunsmore and Peter R Breen, Trustees of Breenmore Realty Trust u/d/t dated 2/27/1984 and recorded at Book 1782, Page 18 as amended, whose address is 95 Lawrence Road, Boxford, MA 01921, hereinafter called the Mortgagor, for consideration paid, grants to Banknorth, N.A., having an office for business at 153 Merrimack Street, Haverhill, Massachusetts, hereinafter called the Mortgagee, with MORTGAGE COVENANTS to secure the performance of all obligations of the Mortgagor as provided in a certain Note and loan documents of even date in the original principal amount of$456,000.00: The land with the improvements thereon situated at and known as 14 Lorraine Avenue, 15 Lorraine Avenue, Parcel A Lorraine Avenue and Andover Street, and Parcel B Lorraine Avenue and Andover Street, all located in North Andover, Essex County, Massachusetts as more particularly described in Exhibit "A" attached hereto prior to the execution of this instrument and made a part hereof by specific reference. JUL 16'02 PM2:24 Together with all of the improvements now or hereafter erected on the property, and all rights, easements and appurtenances thereto belonging, and all fixtures now or hereafter attached to the property, including also, insofar as the same are or can, by agreement of the parties, be made a part of the realty, all of the following articles now or hereafter on the above described premises or used therewith; portable or sectional buildings; bathroom, plumbing, heating, lighting, ventilating, 7- and and air conditioning apparatus and equipment; equipment of all types, tanks, motors, sprinkler and , fire extinguishing systems,door bell and alarm systems;built-in cases;counters;trees,hardy shrubs and perennial flowers; and other fixtures whether or not included in the foregoing enumeration; all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage. CIL The Mortgagor warrants and represents that none of the aforesaid which are or may be used as appurtenances of the buildings on said premises are subject to any conditional sales or security agreements and in case there be any such at any time now or hereafter, the Mortgagor, or those claiming under them, will make all payments under such agreements or sales as and when due and payable; and all rights thereunder shall inure to the benefit of the holder hereof, including the right to complete payments in case of default and to receive title to the same. THE MORTGAGOR FURTHER COVENANTS AND AGREES AS FOLLOWS; 1 - _ ---- BK 6945 PG 229 demand or request hereunder if in writing and posted in the United States mail by regular mail, postage prepaid, addressed to the Mortgagor or his successor in title at the address given in this Mortgage as the Mortgagor's address or the business address of the Mortgagor or his successor in title last known to the Mortgagee, and any such notice, demand or request shall be treated as having been given upon such deposit in the United States mails,and a notice so addressed shall always be a sufficient notice, notwithstanding a change in the ownership of the equity of redemption of the property, whether or not consented to by the Mortgagee or the non-delivery of same by united States mails and where more than one person constitutes the Mortgagor, one notice sent to the address given in this Mortgage as the Mortgagor's address or the last known business address of any one of them shall constitute sufficient notice to all; 24. That if any one or more of the provisions of this Mortgage is found to be invalid,illegal or unenforceable for any reason or in any respect,such invalidity,illegality or unenforceability shall not limit or impair enforcement of any other provision hereof; 25. That wherever the words Mortgagor and Mortgagee are used herein they shall include their several and respective heirs, executors, administrators, devisees, successors, grantees and assigns, subject to the limitations of law and of this instrument, and if the context hereof admits or requires, the words "Mortgagor" and "Mortgagee" and the pronouns referring to them shall be construed as plural, neuter or feminine. The word "holder" as used herein shall be taken to mean the Mortgagee,its successors or assigns; 26. That all the covenants, conditions, stipulations and authorizations herein contained are joint and several if the Mortgagor is more than one person, and shall apply to and be binding upon the heirs, executors, administrators, devisees, successors and assigns of the Mortgagor herein. This instrument shall take effect as a sealed instrument. Executed as a sealed instrument this j day of July,2002. Signed in the presence of: Breenmore Realty Trust By: WA- 4 L a Peter R. Breen, T stee By:; Rouilas Dunsmore, Trustee 6 BK 6945 PG 231 Exhibit A Parcel_One_(15 Lorraine Avenue,,North Andover)- A certain parcel of land with the buildings thereon situated in North Andover,Essex County, Massachusetts, and being Lot No. 7 on Plan of Stevens Park, and bounded and described as follows: Northerly: ninety-five and 65/100(95.65) feet by Lot No. 6 on said Plan; Easterly: four hundred ten and 31/100(410.31)feet by Lorraine Avenue; Southerly: ninety-five and 57/100(95.57) feet by land now of owners unknown but formerly by land known as Klondike Park; and Westerly: four hundred nine and 21/100(409.21) feet by land now or formerly of one Duffy. The northeast corner is two hundred(200) feet south of the south line of Andover Street as measured along the westerly line of Lorraine Avenue. Excepting therefrom that portion conveyed to John Hurley by deed of John V.Barbette and Vera G. Barbette dated February 26, 1951, recorded at Book 747,Page 358 and subsequently acquired by the Town of North Andover through a tax taking. For title see deed recorded at Book 4102,Page 234. Parcel Two(15 Lorraine Av .n u .,Nnrth Andover)- The ndover)The land in said North Andover with all the buildings thereon on a plan of land entitled "Plan of Stevens Park, North Andover, Mass., owned by John J. Hurley, November 8, 1946,"which plan is recorded with the North Essex District Registry of Deeds as Plan No. 2302,bounded and described as follows: North - one hundred(100) feet by land of Harold Lees; East - four hundred twenty-four and 93/100(424.93) feet by land of John J. Hurley; South - one hundred and 58/100(100.58) feet by land of owners unknown but formerly called Klondike Park; and West - four hundred thirty-five and 77/100 (435.77) feet by a way known as Lorraine Avenue. 8 BK 6945 PG 232 ' The within described premises are hereby,conveyed subject to and with the benefit of all easements and restrictions of record, so far as the same are in force and applicable. For title, see deed of Regina A. Norwood recorded herewith. Parcel Three- The land with the buildings thereon situate in North Andover, Essex County,Massachusetts, shown as Parcel B on a Plan entitled "Plan of Land in North Andover, Mass. prepared for Breenmore Realty Trust"dated November 10, 1997 prepared by Thomas E. Neve Associates,Inc. and recorded with the Essex North Registry of Deeds as Plan No. 13160. Parcel B contains 47,710 square feet of land(1.10 acres)according to the Plan. For title, see deed recorded at Book 1882,Page 117. Parcel F_ our. A certain parcel of land situated in North Andover, Essex County, Massachusetts and being shown as Parcel A on a plan of land entitled"Plan of Land in North Andover, Mass., prepared for Robert A. and Leah Burns, 196 Andover Street — North Andover, Mass. 01845 Scale 1" = 40' " dated March 22, 1996,prepared by Thomas E.Neve Associates,hic., said plan is recorded with the North Essex Registry of Deeds as Plan No. 12792. Said Parcel A contains 47,495 square feet, all in accordance with said plan,reference to which is made for a more particular description. Said premises are conveyed subject to any easements, covenants, and conditions of record, if any, insofar as the same remain in force and effect and without intending to reimpose same. For title,see deed recorded at Book 4475,Page 291. 9