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Home My WebLink AboutMiscellaneous - 1535 GREAT POND ROAD 4/30/2018 1535 GREAT POND ROAD )ad 210/062.0-0015-0000.0 4 f I I 1 1 �v�r� vin e�� s �7��E"7 " 715/ 7z�''L� I Y/ IIS �� n � /,�/�`l� 0 -a- lam- j_, - - - -l- - - - _�/__. C� .� - - - - j� --- -= - - - -- - -i-- - - - ��` - - - - - _a�� — - em�l_��_�� North Andover Board of Assessors Public Access , Page 1 of 1 z ,10Rih Forth... Andover Board of Assessors ,SSACM11gEt roperty Record Card Click Seat To Return Parcel ID:210/062.0-0015-0000.0 FY:2010 Community :North Andover SKETCH PHOTO Click on Sketch to Enlarge Click on Photo to Enlar e Search for Parcels Search for Sales Summary ' Residence Detached Structure �� R Condo n� 1 1535 L-C GREAT POND ROAD _.i Commercial Loca • 1535 GREAT POND ROAD Owner Name: BROWN,EDWIN R Owner Address: 1535 GREAT POND ROAD �4 Q, City: NORTH ANDOVER State: MA Zip: 01845 �1 Neighborhood:6-6 Land Area: 1.02 acres C�, r Use Code: 101-SNGL-FAM-RES Total Finished Area: 2756 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR r Total Value: 450,600 474,300 Building Value: 243,500 265,500 ®r Land Value: 207,100 208,800 • Market Land Value: 207,100 5 Chapter Land Value: LATEST SALE Sale Price: 0 Sale Date: .12/31/1969 Arms Length Sale Code: N-NO-OTHER Grantor: Cert Doc: Book: 01148 Page: 0198 n r s �b J http://csc-ma.us/PROPAPP/display.do?linkId=1515140&town=NandoverPubAcc 3/8/2010 i l s L e ORT N H Of�ILED IBA�Q 0 Sao �9SSAC14U t f BUILDING DEPARTMENT Community Development Division December 12,2012 RE: 1535 Great Pond Road Mr. Brown, The Building Department has observed numerous old pieces of restaurant equipment piled behind the stone wall adjacent to your home. Please call the building department as to the status of the junk observed and the time line for its removal. Sincerely Brian Leathe Building Inspector P 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9545 Fax 918.688.9542 Web www.townofnorthandover.com _ r i � + f' j•. ,rL t} WIV W.A a •a• r �s Vis;. � i y y`",°'��',� d � Vit``, +, - �. � �,� xr•: s t - + �4 "ac xA�i s � �� -..'w.:�_ �.; - •}in 6 �r k- $ k ;# b j FAV �_�, 7r��++e r -" .�I �.3 7'* ley �Y{�F f r d $ � � � * � •��,xe 773 �4+ _ r I of } •�.*r �,. l3. •4��-�tti 'I� i 'fit R ze i R {{ i ? F • t t i gyp; {• -1 T gk �'�}k3 Fs„S�o�A r-t •" .7i'_._. ,z�, y'z t + M1� _ Vii... xr 4 �,i a .la C_Yy .q.. � if 1 r f� Fta� r , t �k x ' J535 GREAT POND ROAD 062.0-00-15 Complaint Detail Report Printed On:Thu Mar 11,2010 Complaint#: CT-2010-000030 Status: In discovery GIS#: 3566 Violator: BROWN, EDWIN R. Address: 1535 GREAT POND ROAD Map: 062.0 Address: 1535 Great Pond Road Date Recvd.: Mar-08-2010 ITime Recvd.: 03:08 PVI Block: 0015 NORTH ANDOVER,MA 018 Category: Odors Lot: Type: Residential ,. g `Fe ; GeoTMS Module: Board of Health District: Trade: *�•��m....f.^ �wus'�4fi� Recorded By: Pamela De1leChiaie Zoning: Structure: c Description: Complaint: Received a call from a Tanya Lazzotte of 1521 Great Pond Road. Their neighbor at 1.535 Great Pond Road was out in the back of his yard digging. There is a horrible smell coming from that area,like dead animals or septic type smell,and they cannot go outside to enjoy the weather because the smell is so bad. Please investigate source of bad odor. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Mar-08-2010 3:08 PM Tanya Lazzzotte (978)681-7594() Pamela DelleChiaie Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Mar-11-2010 2:23 PM Follow-Up by Health Ms.Grant followed up.Qn Inspector this issue. Chris Stasinos, 978.857.7820 is the farmer spreadinthe f4ertLeonard,t ne meal. George Leonard,the l {} vious agricultural license / holder gave the Conservation Dept.the name f,Chris Stasinos,the new 46 lr , v/ ��j� n &�W- Ms.Grant �ed Mr. S16� tp Stasinos to not drop Bone n / � „/, 7�� eal,and clear piles. He as �jf�C ✓� claims this will be his last year farming this area. He wants to till in the bone meal by the end of April. r Ms.Grant called the 46 d&�� homeowners,Stella and Richard Brown to try and GeoTMS®2010 Des Lauriers Municipal Solutions, Inc. Pagel of2 1535 GREAT POND ROAD 062.0-00-15 Complaint Detail Report Printed On:Thu Mar 11,2010 work out the problem. The Bone Meal either needs to be removed or turned in. The Brown's have hired Chris Stasinos to farm the property. Mrs.Brown believes that all the property behind her house as well as to the left is her property. Waiting on Richard to call to negotiate. Owners of the preoperty are Stella and Richard Brown. A letter was sent out today, 3/11/2010 addressing the issues of this complaint. See file for hard copy of the letter. GeoTMS®2010 Des Lauriers Municipal Solutions, Inc. Page 2 oft North Andover Board of Assessors Public Access Page 1 of 1 NORTq Norfh.. Andover Board of Assessors t MATCHING PARCELS SSS"COW Click on a column title to sort data by that column Click Seal To Return 173 items found,dis la in2 151 to 173. [First/ rev] 1 1 2 1 3 1 4 ext/Last Fiscal Year Parcel ID St.No. Street Owner Name 2010 210/062.0-0020-0000.0 1511 GREAT POND VASANTH,ADARSH,MARTIN,ALISON S. ROAD 2010 210/062.0-0027-0000.0 1518 GREAT POND SCHULTZ,CAROLE A, Search for Parcels ROAD GREAT POND WILKINSON,GARY B,ARLENE M 2010 210/062.0-0021-0000.0 1521 ROAD WILKINSON Search for Sales GREAT POND 2010 210/062.0-0015-0000.0 1535 ROAD BROWN,EDWIN R, 2010 210/062.0-0077-0000.0 1547 GREAT POND ANTONELLIS,JOSEPH, ROAD 2010 210/062.0-0016-0000.0 1575 RRA POND DEMOULAS,ARTHUR S, i d� 2010 210/062.0-0036-0000.0 1590 GREAT POND FASNACHT,ROGER A,ANNETTE A /f, ROAD FASNACHT 2010 210/062.0-0037-0000.0 1600 ROAD POND IANNAZZO,BERT,RUTH E IANNAZZO ty TECHNICAL TRAINING FOUNDATION 2010 210/062.0-0012-0000.0 1665 GREAT POND TRUST,IBRAHIM&WENSLEY EL HEFNI, ROAD TRS 2010 210/062.0-0014-0000.0 1675 GREAT PONDROAD DAHER,MAUREEN A, Q/( 2010 210/062.0-0018-0000.0 1689 GREAT POND CAMASSO,PAUL J,MARGUERITE �Q ROAD CAMASSO 2010 210/062.0-0013-0000.0 1725 RRA POND THOMPSON,JOHN P,JOAN C THOMPSON 2010 210/035.0-0003-0000.0 1775 RGOPOND DESMOND,LINDA F, 2010 210/035.0-0039-0000.0 1779 RRA POND SARRE,THOMAS D,LINDA R SARRE 2010 210/035.0-0043-0000.0 1785 GREAT POND LPM,JR.IRREVOCABLE TRUST, ROAD BASILICATO,NANCY,TRUSTEE 2010 210/035.0-0040-0000.0 1789 GREAT POND GIOVENELLI,VINCENT,GIOVENELLI, ROAD MICHELE 2010 210/035.0-0011-0000.0 1815 GREAT POND DOLLOFF,MARY ELLEN, ROAD 2010 210/035.0-0057-0000.0 1857 RRA POND GALIZIO,STEPHEN J., 2010 210/035.0-0051-0000.0 1881 BRAD POND MARCHAND,SIMONNE T, 2010 210/035.0-0005-0000.0 1895 GREAT POND FONTEIN,FREDERIK,FONTEIN, ROAD MARILYN 2010 210/035.0-0108-0000.0 1915 RRA POND PELICH,JOSEPH M., 2010 210/035.0-0058-0000.0 1925 GREAT POND LAWSON,PAUL T,JOANNE L LAWSON ROAD 2010 210/035.0-0059-0000.0 1939 GREAT POND CELESTIAL REALTY TRUST,C/O ROAD RAGONESE,FRANK J 173 items found,displaying 151 to 173. First/Prev 1 1 2 1 3 1 4 ext/Last http://csc-ma.us/PROPAPP/newSearch.do?noOwner--027%3BO34%3BO84%3B059%3B 13... 3/8/2010 r DelleChiaie, Pamela From: Sawyer, Susan Sent: Wednesday, May 05, 2010 2:22 PM To: Rees, Mark; 'John P. Carney'; Bellavance, Curt Cc: Grant, Michele; Gaffney, Heidi; Hughes, Jennifer Subject: FW: Great Pond Odors To Al 11: If you receive any complaints regarding a terrible odor resembling"death" Please be advised as to the source: i The owners of residential and farm property at 1535 Great Pond Road contract to a farmer(Chris Staseno)who is utilizing an organic product known as"bone meal'. (If you recall,this is the same product that caused odor problems at Kittredge Farm a few year ago) { Farms have permission to use this product by the State Dept.of Agriculture "right to farm" laws.This farmer also has a I permit to farm a part of town owned land at Mazurenko Farm,which is connected to the 1535 GPR parcel.The N. Andover Conservation Commission,who gave the permit, has also given permission to use organic fertilizers. The Health and Conservation Departments have been investigating a single odor complaint for approximately 2 months, however the odor was limited until now.We had identified the homeowner as Mr. and Mrs. Brown and the source was a series of piles of bone meal.The farmer,who had stock piled the bone meal since January 2010,was asked in good faith to spread the product as soon as possible. He did not do so,and spread the fertilizer yesterday, 5/4/10. Unfortunately, the recent heat and winds have escalated the intensity of the odor. The Community Development Offices are now receiving multiple complaints regarding the odor from residences of GPR and Bonny Lane. It is likely that you may also receive complaints, hence the reason for this update. If you receive such complaints you may inform the residences that this odor is coming from the farm directly behind 1535 GPR.The bone meal is organic and is not toxic. It has been turned in to the soil and the residual odor is expected to last a few days, but I stress that there are no guarantees when it will subside. If you need to contact the owners of the home,they are Beverly and Richard Brown,their phone is 978-687-7851. This is a summary of events. If you need additional information, please let me know. Thank you Susan 1 U.S. Postal Servicer., V ERTIIED MAIL,, IM-E-1 omestic Mail Only;No ITSUlance Coverage Provided) `g deliverylii formatio vvisit or websit1e atkwww.usps.co t. ,? 0630 # Postmark ,� !! Here 103/11/2010 _ f PS Form,3800,June 2002 See Reverse for Instruct,ons Certified Mail Provides' (as�anay)yppz aunr'0p9E Wood Sd ■ Amailing receipt R _,"4 ■ A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: s Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. e Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. s For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. e For an additional fee, delivery may be restricted. to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. i i L COPY t Noor„ 0 h P i F �9SSACM17g� . PUBLIC HEALTH DEPARTMENT Community Development Division March 10,2010 Mr.Richard and Stella Brown 1521 Great Pond road North Andover,MA.01845 Dear Mr.&Mrs.Brown, This correspondence is a follow up to the foul odor occurrences that have been attributed to fertilizing activities on your property over the past few months.As you know,the North Andover Health Department received a complaint and has performed an inspection in conjunction with the Conservation Department.It was stated by the farmer,Chris Stasinos out of Bradford,that he has been stockpiling a combination of Lime and Bone Meal on the property to be turned into the com fields at the end of April, 2010. The Health Department's primary interest in this matter is the issue of the odor nuisance which is being caused by the stockpiling of the ferfilizing agent This stockpiling has created a nuisance that unreasonably interferes with the enjoyment of residential property.The Health Department is requesting your cooperation in abating this nuisance and putting best management practices into place to curb future violations to state code. The stockpiles of bone meal and lime appear to be on your property identified by the assessor's maps as Map 62 Lot 75. However,the North Andover Conservation Department has brought it to The Health Departments attention that agricultural activities appear to extend onto town owned property identified as Map 62 Lot 8(other wise known as°Mazurenko Farm'104.5 acres). It is important to relieve the odors;however it is also recommended that prior to taking action on the nuisance abatement that you contact Jennifer Hughes,Conservation Administrator at(978)688-9530.Ms.Hughes can assist you in determining whether there has been encroachment into town property,whether any stockpiles have been placed on town property and what action may be taken on the property to achieve corrective action in regards to the odor issue.She can also assist you in understanding the process needed to gain permission to conduct any activities on the Mazurenko Farm. Boards of Health maintain the authority under state law(M.G.L.Chapter 111,Sections 31C and125)to investigate and control nuisance conditions,They and other local government agencies are empowered by DEP(310 CMR 7.52)to take enforcement action against violators of DEP's noise,odor and dust regulations(310 CMR 7.09-7.10). Please contact the North Andover Department 978-688-9540 when you receive this letter. Thank you for your cooperation in this important matter. Michele E.Grant Public Health Inspector Cc:Mark Rees,Town Manager Jennifer Hughes,Conservation Administrator Heidi Gaffney,Conservation Field Assistant Curt Bellavance, Community Development Director Susan Y.Sawyer,Public Health Director Christopher Stasinos,Agricultural Specialist 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web h"p://www.townofnorthandover.com M.G.L. -Chapter 111,Section 3 1 c Page 1 of 2 The General Laws of Massachusetts Iearch theLaws Go To: Next Section Previous Section PART I.ADMINISTRATION OF THE GOVERNMENT Chaoter Table of Contents MGL Search Pan General Court Home TITLE XVI.PUBLIC HEALTH MMA-0y CHAPTER 111.PUBLIC HEALTH CITY AND TOWN BOARDS OF HEALTH Chapter 111: Section 31C.Atmospheric pollution; regulation and control; publication; hearings; penalties; enforcement; jurisdiction; injunction i d f heal or other legal authority constituted for such se vote of the Section 3 C.A boar o b � g nr p� Y town or city council shall have jurisdiction to regulate and control atmospheric pollution,including, but not limited to,the emission of smoke,particulate matter, soot,cinders,ashes,toxic and radioactive substances fumes vapors,gases,industrial odors and dusts as may arise within its bounds p ,$ Y and which constitutes a nuisance, a danger to the public health, or impair the public comfort and convenience. Said board of health or other legal authority, subject to the approval of the department of environmental protection, in this section called the department,may from time to time adopt reasonable rules and regulations for the control of atmospheric pollution.Before the board of health or other legal authority submits such rules and regulations to the department for approval, such board or other legal authority shall hold a public hearing thereon, of which notice shall be given by publication for one day in each of two successive weeks in a newspaper published in the town,the first publication to be at least fourteen days prior to the date of the hearing,or if no newspaper is published in such town,by posting a copy of such notice in a public place therein. Said rules and regulations, when approved by the department,and after publication in a newspaper published in the town,or,if no newspaper is published in such town,after posting a copy in a public place,shall have the force of law. The department shall advise the board or other legal authority in all matters of atmospheric pollution. The department may,upon request of the board of health or other legal authority of a town adversely affected by atmospheric pollution arising in another town, after a hearing to all parties interested, assume joint jurisdiction to regulate or control such cause of atmospheric pollution and may exercise all powers of the local board of health or other legal authority under provisions of the General Laws or any special laws. Whoever violates any order,rule or regulation promulgated or adopted under the provisions of this section shall be punished, for the first offense,by a fine of not less than one thousand nor more than five thousand dollars and for a subsequent offense,by a fine of not less than five thousand nor more than ten thousand dollars. For the purpose of this paragraph each day or part thereof of violation of such an order,rule or regulation whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. http://www.mass.gov/legis/laws/mgl/l 11-31 c.htm 3/11/2010 M.G.L. -Chapter 111, Section 31 c Page 2 of 2 Rules and regulations promulgated or adopted under the provisions of this section shall be enforced by said board of health or other legal authority either of which may delegate the power to enforce specific regulations to other agencies or departments of the same city or town. The superior court shall have jurisdiction in equity to enforce such rules and regulations and may restrain by injunction any violation thereof. http://www.mass.gov/legis/laws/mgl/l 11-31c.htm 3/11/2010 • M.G.L. -Chapter 111, Section 125a Page 1 of 1 A' The General Laws of Massachusetts Search the Laws Go To: Next S =n Previous Section PART I.ADMINISTRATION OF THE GOVERNMENT haWZTable of n MGI_Search Paae GenMl Court Home TITLE XVI.PUBLIC HEALTH as CHAPTER 111.PUBLIC HEALTH NUISANCES Chapter 111: Section 125A.Review of order adjudging the operation of a farm to be a nuisance I Section 125A. If,in the opinion of the board of health,a farm or the operation thereof constitutes a nuisance, any action taken by said board to abate or cause to be abated said nuisance under sections one hundred and twenty-two,one hundred and twenty-three and one hundred and twenty-five shall, notwithstanding any provisions thereof to the contrary,be subject to the provisions of this section; provided,however,that the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal,generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance. In the case of any such nuisance a written notice of an order to abate the same within ten days after receipt of such notice shall first be given as provided in section one hundred and twenty-four. If no petition for review is filed as herein provided, or upon final order of the court,said board may then proceed as provided in said sections one hundred and twenty-two,one hundred and twenty-three and one hundred and twenty-five,or in the order of the court. If the owner or operator of said farm within said ten days shall file a petition for a review of such order in the district court for the district in which the farm lies,the operation of said order shall be suspended,pending the order of the court. Upon the filing of such petition the court shall give notice thereof to said board, shall hear all pertinent evidence and determine the facts, and upon the facts as so determined review said order and affirm,annul, alter or modify the same as justice may require. The parties shall have the same rights of appeal on questions of law as in other civil cases in the district courts. http://www.mass.gov/legis/laws/mgl/l 11-125a.htm 3/11/2010 I� .. • lire 'mm HAy Q8 % USE -r:Qu PR $0.44 0630 O ed Fee $2,$0 05 C etum Reoept Fee Postmark Here3 ( ndo ment ReAdi d) $0.00 nj (En kgs M ad Derive nt Requl $0.00 co a Total Po $ $3.24 03/11/2010 ILn C3 Sento (�\�ham• --------------------- ------- '� or PO Box No. - - ....... G.UT.\Ir- city,were,ztP+a Certified Mail Provides: (as�anay)ZOOZeunf'OOBE-odSd ■ A mailing receipt ■ A unique identifier for your mailpiece ® A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ® NO INSURANCE COVERAGE IS PROVIDED'with Certified Mail. For valuables,please consider Insured or Registered Mail. m For an additional fee,a Return Receipt may be requested to.provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ® For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". a If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. k FILE C NO RTM ..t� p PUBLIC HEALTH DEPARTMENT fommunity Development Division March 10,2010 Mr.Richard and Stella Brown 1521 Great Pond road North Andover,MA.01845 Dear Mr.&Mrs.Brown, This correspondence is a follow up to the foul odor occurrences that have been attributed to fertilizing activities on your property over the past few months.As you know,the North Andover Health Department received a complaint and has performed an inspection in conjunction with the Conservation Department. It was stated by the farmer,Chris Stasinos out of Bradford,that he has been stockpiling a combination of Lime and Bone Meal on the property to be turned into the com fields at the end of April, 2010. The Health Department's primary interest in this matter is the issue of the odor nuisance which is being caused by the stockpiling of the fertili2ing agent This stockpiling has created a nuisance that unreasonably interferes with the enjoyment of residential property.The Health Department is requesting your cooperation in abating this nuisance and putting best management practices into place to curb future violations to state code. The stockpiles of bone meat and time appear to be on your property identified by the assessor's maps as Map 62 Lot 75. However,the North Andover Conservation Department has brought it to The Health Department's attention that agricultural activities appear to extend onto town owned property identified as Map 62 Lot 8(other wise known as°Mazurenko Farm"104.5 acres). It is important to relieve the odors;however it is also recommended that prior to taking action on the nuisance abatement that you contact Jennifer Hughes,Conservation Administrator at(978)68&9530.Ms.Hughes can assist you in determining whether there has been encroachment into town property,whether any stockpiles have been placed on town property and what action may be taken on the property to achieve corrective action in regards to the odor issue.She can also assist you in understanding the process needed to gain permission to conduct any activities on the Mazurenko Farm. Boards of Health maintain the authority under state law(M.G.L.Chapter 111,Sections 31 C and125)to investigate and control nuisance conditions.They and other local government agencies are empowered by DEP(310 CMR 7.52)to take enforcement action against violators of DEP s noise,odor and dust regulations(310 CMR 7.09-7.10). Please contact the North Andover Department 978-688-9540 when you receive this letter. Thank you for your cooperation in this important matter. Michele E.Grant Public Health Inspector Cc:Marts Rees,Town Manager Jennifer Hughes,Conservation Administrator Heidi Gaffney,Conservation Field Assistant Curt Bellavanoe,Community Development Director Susan Y.Sawyer,Public Health Director Christopher Stasinos,Agricultural Specialist 1600 Osgood Street, North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web h"p://www.townofnorthandover.com M.G.L. - Chapter 111, Section 31c Page 1 of 2 The General Laws Of Massachusetts Search the Laws Go To: Next Sedon Previous Section PART I. ADMINISTRATION OF THE GOVERNMENT Chaoter Table f Contents MGL Seemb Page General Court home TITLE XVI.PUBLIC HEALTH Ma • o CHAPTER 111.PUBLIC HEALTH CITY AND TOWN BOARDS OF HEALTH Chapter 111: Section 31C.Atmospheric pollution; regulation and control; publication; hearings; penalties; enforcement;jurisdiction; injunction Section 31C.A board of health, or other legal authority constituted for such purpose by vote of the town or city council shall have jurisdiction to regulate and control atmospheric pollution,including, but not limited to,the emission of smoke,particulate matter,soot,cinders, ashes,toxic and radioactive substances,fumes,vapors, gases, industrial odors and dusts as may arise within its bounds and which constitutes a nuisance,a danger to the public health,or impair the public comfort and convenience. Said board of health or other legal authority, subject to the approval of the department of environmental protection, in this section called the department,may from time to time adopt reasonable rules and regulations for the control of atmospheric pollution.Before the board of health or other legal authority submits such rules and regulations to the department for approval, such board or other legal authority shall hold a public hearing thereon, of which notice shall be given by publication for one day in each of two successive weeks in a newspaper published in the town,the first publication to be at least fourteen days prior to the date of the hearing,or if no newspaper is published in such town,by posting a copy of such notice in a public place therein. Said rules and regulations, when approved by the department,and after publication in a newspaper published in the town,or,if no newspaper is published in such town,after posting a copy in a public place, shall have the force of law. The department shall advise the board or other legal authority in all matters of atmospheric pollution. The department may, upon request of the board of health or other legal authority of a town adversely affected by atmospheric pollution arising in another town, after a hearing to all parties interested, assume joint jurisdiction to regulate or control such cause of atmospheric pollution and may exercise all powers of the local board of health or other legal authority under provisions of the General Laws or any speciallaws. Whoever violates any order,rule or regulation promulgated or adopted under the provisions of this section shall be punished, for the first offense,by a fine of not less than one thousand nor more than five thousand dollars and for a subsequent offense,by a fine of not less than five thousand nor more than ten thousand dollars. For the purpose of this paragraph each day or part thereof of violation of such an order,rule or regulation whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. http://www.mass.gov/legis/Iaws/Mgl/l 11-31 c.htm 3/11/2010 { M.G.L. -Chapter 111, Section 3 1 c Page 2 of 2 Rules and regulations promulgated or adopted under the provisions of this section shall be enforced by said hoard of health or other legal authority either of which may delegate the power to enforce specific regulations to other agencies or departments of the same city or town. The superior court shall have jurisdiction in equity to enforce such rules and regulations and may restrain by injunction any violation thereof. h ://www.mass, ov/le is/laws/m l/i11-31c.htm � g g g 3/11/2010 M.G.L. - Chapter 111, Section 125a Page 1 of 1 The General Laves ®f Massachusetts Search the Laws Go To: Next Sedon P—ip ection PART I.ADMINISTRATION OF THE GOVERNMENT ha m f MGL imh P oe General Court Home TITLE XVI. PUBLIC HEALTH Mas . v CHAPTER 111.PUBLIC HEALTH NUISANCES Chapter 111: Section 125A.Review of order adjudging the operation of a farm to be a nuisance Section 125A. If,in the opinion of the board of health,a farm or the operation thereof constitutes a nuisance, any action taken by said board to abate or cause to be abated said nuisance under sections one hundred and twenty-two,one hundred and twenty-three and one hundred and twenty-five shall, notwithstanding any provisions thereof to the contrary,be subject to the provisions of this section; provided,however,that the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal,generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance. In the case of any such nuisance a written notice of an order to abate the same within ten days after receipt of such notice shall first be given as provided in section one hundred and twenty-four. If no petition for review is filed as herein provided,or upon final order of the court,said board may then proceed as provided in said sections one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five,or in the order of the court. If the owner or operator of said farm within said ten days shall file a petition for a review of such order in the district court for the district in which the farm lies,the operation of said order shall be suspended,pending the order of the court.Upon the filing of such petition the court shall give notice thereof to said board, shall hear all pertinent evidence and determine the facts,and upon the facts as so determined review said order and affirm,annul, alter or modify the same as justice may require.The parties shall have the same rights of appeal on questions of law as in other civil cases in the district courts. http://www.mass.gov/legis/laws/mgl/l 11-125a htm 3/11/2010 " 1535 GREAT POND ROAD 062.0-0015 Complaint Detail Report Printed On:Thu Mar 11,2010 Complaint#: CT-2010-000030 Status: Jin discovery GIS#: 3566 Violator: BROWN,EDWIN R. * „®trrM Address: 1535 GREAT POND ROAD Map: 062.0 Address: 1535 Great Pond Road "'Q Date Recvd.: Mar-08-2010 ITime Recvd.: 03:08 PM Block: 0015 NORTH ANDOVER,MA 018 a Category: Odors Lot: Type: Residential i # a GeoTMS Module: Board of Health. District: Trade: Recorded By: Pamela DelleChiaie Zoning: Structure: Description: Complaint: Received a call from a Tanya Lazzotte of 1.521 Great Pond Road. Their neighbor at 1535 Great Pond Road was out in the back of his yard digging. There is a horrible smell coming from that area,like dead animals or septic type smell,and they cannot go outside to enjoy the weather because the smell is so bad. Please investigate source of bad odor. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Mar-08-2010 3:08 PM Tanya Lazzzotte (978)681-7594 Q Pamela DelleChiaie Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL. Mar-11-2010 2:23 PM Follow-Up by Health Ms.Grant followed up on Inspector this issue. Chris Stasinos, 978.857.7820 is the farmer spreading the fertilizer/bone meal. George Leonard,the previous agricultural license holder gave the Conservation Dept.the name of Chris Stasinos,the new farmer. Ms.Grant asked Mr. Stasinos to not drop Bone Meal,and clear piles. He claims this will be his last year farming this area. He wants to till in the bone meal by the end of April. Ms.Grant called the homeowners,Stella and Richard Brown to try and GeoTMS®2010 Des Lauriers Municipal Solutions, Inc. Page 1 of 1535 GREAT POND ROAD 062.0-0015 Complaint Detail Report Printed On:Thu Mar 11,2010 work out the problem. The Bone Meal either needs to be removed or turned in. The Brown's have hired Chris Stasinos to farm the property. Mrs.Brown believes that all the property behind her house as well as to the left is her property. Waiting on Richard to call to negotiate. Owners of the preoperty are Stella and Richard Brown. A letter was sent out today, 3/11/2010 addressing the issues of this complaint. See file for hard copy of the letter. GeoTMS®2010 Des Lauriers Municipal Solutions, Inc. Page 2 of 2 Of &O oTM �N O 9SSACHI1`-SES PUBLIC HEALTH DEPARTMENT Community Development Division March 10,2010 Mr.Richard and Stella Brown �S3s---369 Great Pond road North Andover,MA.01845 Dear Mr.&Mrs.Brown, This correspondence is a follow up to the foul odor occurrences that have been attributed to fertilizing activities on your property over the past few months.As you know,the North Andover Health Department received a complaint and has performed an inspection in conjunction with the Conservation Department. It was stated by the farmer,Chris Stasinos out of Bradford,that he has been stockpiling a combination of Lime and Bone Meal on the property to be turned into the corn fields at the end of April, 2010. The Health Department's primary interest in this matter is the issue of the odor nuisance which is being caused by the stockpiling of the fertilizing agent.This stockpiling has created a nuisance that unreasonably interferes with the enjoyment of residential property.The Health Department is requesting your cooperation in abating this nuisance and putting best management practices into place to curb future violations to state code. The stockpiles of bone meal and lime appear to be on your property identified by the assessor's maps as Map 62 Lot 75. However,the North Andover Conservation Department has brought it to The Health Department's attention that agricultural activities appear to extend onto town owned property identified as Map 62 Lot 8(other wise known as"Mazurenko Farm"104.5 acres). It is important to relieve the odors;however it is also recommended that prior to taking action on the nuisance abatement that you contact Jennifer Hughes, Conservation Administrator at(978)688-9530.Ms.Hughes can assist you in determining whether there has been encroachment into town property,whether any stockpiles have been placed on town property and what action may be taken on the property to achieve corrective action in regards to the odor issue.She can also assist you in understanding the process needed to gain permission to conduct any activities on the Mazurenko Farm. Boards of Health maintain the authority under state law(M.G.L. Chapter 111, Sections 31 C and125)to investigate and control nuisance conditions.They and other local government agencies are empowered by DEP(310 CMR 7.52)to take enforcement action against violators of DEP's noise,odor and dust regulations(310 CMR 7.09-7.10). Please contact the North Andover Department 978-688-9540 when you receive this letter. Thank you for your cooperation in this important matter. Michele E.Grant Public Health Inspector Cc:Mark Rees,Town Manager Jennifer Hughes,Conservation Administrator Heidi Gaffney,Conservation Field Assistant Curt Bellavance,Community Development Director Susan Y. Sawyer, Public Health Director Christopher Stasinos,Agricultural Specialist 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web http://www.townofnorthandover.com M.G.L. - Chapter 111, Section 3 1 c Page 1 of 2 The General Laws of Massachusetts search the Laws Go To: Next Section Previous Section PART I. ADMINISTRATION OF THE GOVERNMENT Cha ter Table of Content MGL Search Pape General Court Home TITLE XVI. PUBLIC HEALTH Mass. ov CHAPTER 111. PUBLIC HEALTH CITY AND TOWN BOARDS OF HEALTH Chapter 111: Section 31C.Atmospheric pollution; regulation and control; publication; hearings; penalties; enforcement; jurisdiction; injunction Section 31 C. A board of health, or other legal authority constituted for such purpose by vote of the town or city council shall have jurisdiction to regulate and control atmospheric pollution, including, but not limited to,the emission of smoke,particulate matter, soot, cinders, ashes,toxic and radioactive substances, fumes,vapors, gases, industrial odors and dusts as may arise within its bounds and which constitutes a nuisance, a danger to the public health, or impair the public comfort and convenience. Said board of health or other legal authority, su ject to the approval ofthe department of environmental protection, in this section called the department,may from time to time adopt reasonable rules and regulations for the control of atmospheric pollution. Before the board of health or other legal authority submits such rules and regulations to the department for approval, such board or other legal authority shall hold a public hearing thereon, of which notice shall be given by publication for one day in each of two successive weeks in a newspaper published in the town, the first publication to be at least fourteen days prior to the date of the hearing, or if no newspaper is published in such town, by posting a copy of such notice in a public place therein. Said rules and regulations, when approved by the department, and after publication in a newspaper published in the town, or, if no newspaper is published in such town, after posting a copy in a public place, shall have the force of law. The department shall advise the board or other legal authority in all matters of atmospheric pollution. The department may,upon request of the board of health or other legal authority of a town adversely affected by atmospheric pollution arising in another town, after a hearing to all parties interested, assume joint jurisdiction to regulate or control such cause of atmospheric pollution and may exercise all powers of the local board of health or other legal authority under provisions of the General Laws or any special laws. Whoever violates any order,rule or regulation promulgated or adopted under the provisions of this section shall be punished, for the first offense,by a fine of not less than one thousand nor more than five thousand dollars and for a subsequent offense, by a fine of not less than five thousand nor more than ten thousand dollars. For the purpose of this paragraph each day or part thereof of violation of such an order, rule or regulation whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. http://www.mass.gov/legis/laws/mgl/l 11-31 c.htm 3/11/2010 M.G.L. - Chapter 111, Section 3 1 c Page 2 of 2 r ti Rules and regulations promulgated or adopted under the provisions of this section shall be enforced by said board of health or other legal authority either of which may delegate the power to enforce specific regulations to other agencies or departments of the same city or town. The superior court shall have jurisdiction in equity to enforce such rules and regulations and may restrain by injunction any violation thereof http://www.mass.gov/legis/laws/mgl/111-31 c.htm 3/11/2010 M.G.L. - Chapter 111, Section 125a Page 1 of 1 r° c The General Laws of Massachusetts Search the Laws Go To: Next Section Previous Section PART I. ADMINISTRATION OF THE GOVERNMENT Chapter Table of Contents MGL Search Page General Court Home TITLE XVI. PUBLIC HEALTH Mass. ov CHAPTER 111. PUBLIC HEALTH NUISANCES Chapter 111: Section 125A. Review of order adjudging the operation of a farm to be a nuisance Section 125A. If, in the opinion of the board of health, a farm or the operation thereof constitutes a nuisance, any action taken by said board to abate or cause to be abated said nuisance under sections one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five shall, notwithstanding any provisions thereof to the contrary,be subject to the provisions of this section; provided, however,that the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance. In the case of any such nuisance a written notice of an order to abate the same within ten days after receipt of such notice shall first be given as provided in section one hundred and twenty-four. If no petition for review is filed as herein provided, or upon final order of the court, said board may then proceed as provided in said sections one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five, or in the order of the court. If the owner or operator of said farm within said ten days shall file a petition for a review of such order in the district court for the district in which the farm lies,the operation of said order shall be suspended,pending the order of the court. Upon the filing of such petition the court shall give notice thereof to said board, shall hear all pertinent evidence and determine the facts, and upon the facts as so determined review said order and affirm, annul, alter or modify the same as justice may require. The parties shall have the same rights of appeal on questions of law as in other civil cases in the district courts. http://www.mass.gov/legis/laws/mgl/111-125a.htm 3/11/2010 -�-c - �-_-- �� __--��- 1535 GREAT POND ROAD 062.0-0015 Complaint Detail Report Printed On:Mon Mar 08,2010 Complaint#: CT-2010-000030 Status: in discovery G[S#: 3566 Violator: BROWN,EDWIN R. + '401triq Address: 1535 GREAT POND ROAD Map: 062.0 Address: 1535 Great Pond Road "V;�p `®`ay Date Recvd.: Mar-08-2010 Time Recvd.: 03:08 PM Block: 0015 NORTH ANDOVER,MA 018 o Category: OdorsLot: Type: Residential GeoTMS Module: Board of Health. District: Trade: �,�b�•.�.a�y''�fi� Recorded By: Pamela DelleChiaie Zoning: Structure: Description: Complaint: Received a call from a Tanya Lazzotte of 1521 Great Pond Road. Their neighbor at 1535 Great Pond Road was out in the back of his yard digging. 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YO"A 4!u ;Wkz OW'r 10t 9:1W .... ........... onlr I I F& h $tk, North Andover MIMAP March 10, 2010 4' Boxford m a 4 133 � C7 � o C ° L�ck4Roa' r.7 y ,4a Interstates Interstate —Major Roads Horizontal Datum:MA Stateplane Coordinate System,Datum NAD83, Roads Meters Data Sources:The data for this map was produced by Merrimack r Easements t VA q Valley Planning Commission(MVPC)using data provided by the Town of North Andover.Additional data provided by the Executive Office of 0 MVPC Boundary ? dt� r �6�0 Environmental AffairslMassGIS.The information depicted on this map is L.1 Parcels for planning purposes only.It may not be adequate for legal boundary definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING « THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION SSACHUS� 1"=732ft ` North Andover MIMAP March 10, 2010 r r:. I, Boxford s �� q+ s' 4A � M >Xv V , 133 � �° °ic klRoad t� t�Y r" Interstates Interstate Major Roads Horizontal Datum:MA Stateplane Coordinate System,Datum NAD83, Roads Meters Data Sources:The data for this map was produced by Merrimack {iORTIy Valley Planning Commission(MVPC)using data provided by the Town of L r Easements OE ,,to q� North Andover.Additional data provided by the Executive Office of C3MVPC Boundary ? yep •a�O Environmental Affairs/MassGIS.The information depicted on this map is El Parcels3 L for planning purposes only.It may not be adequate for legal boundary O —• 9definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING # }{ THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT # o,� .,� •O i ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION 4SSAcwus�s 1"=732 ft F k Town of North Andover , NaRTh OFFICE OF 3?O a o ,e a tiQOL COMMUNITY DEVELOPMENT AND SERVICES ° . 27 Charles Street :^9 �" North Andover,Massachusetts 01845 "ssAc•Hus�`�y WILLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 March 24, 2000 Mr. &Mrs. Edwin Brown 1535 Great Pond Road No. Andover, MA 01845 Re: Sewer Tie-in Dear Mr. &Mrs. Brown: The Health Department has been supplied with a list of all residences, currently on septic, which have access to the municipal sewer system. As previously published at a Public Hearing on March 17, 1994, the Board of Health has adopted regulations concerning the required sewer tie-in. The following timetable concerning your property status was adopted: 4.1 All establishments that currently do not have municipal sewer available to them must connect to the sewer as soon as it becomes available, with a maximum time limit of six months. The purpose of these regulations is to safeguard North Andover's drinking water, surface waters, groundwater and surrounding environment. Sanitary sewer is believed to be the most effective form of wastewater treatment. A.copy of the entire regulation can be obtained at our office. Your property is in violation of this Board of Health regulation. Please contact the Health Department regarding this matter immediately. If we do not hear from you by May 10, 2000 your name will be placed on the regularly scheduled Board of Health meeting agenda and placed on public notice. The meeting will be held on May 25, 2000 for discussion of legal action including court hearings. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i -� Sewer Tie-In 1535 Great Pond Road Page 2 I I i I Any questions concerning this regulation should be directed to the Board of Health at (978) 688-9540. Additional inquiries regarding the physical tie-in and permitting process should be directed to the Department of Public Works at (978) 685-0950. Please be advised this Board intends to persevere in this regulation. Yours truly, I Gayton Osgood, Chairman Francis Mac i tuber John S. Rizza, D.M.D., Member SF/smc v D & G SEPTIC SERVICE & INSTALLATIONS P.O. Box 205 DANVERS, MA 01923-0303 (508) 774-7491 CUSTOMER'S ORDER NO. PHONE DATE NAME P ADDRESS SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE.RETD. PAID OUT CITY. DESCRIPTION PRICE AMOUNT I I I i I TAX RECEIVED 8V -- TOTA All claims and returned goods 1564 MUST be accompanied by this bill. PROMM 610 SEPTIC SYSTEM INSPECTION FORM ADDRESS DATE INSPECTED PROPERLY FUNCTIONING? N WEATHER CONDITIONS COMMENTS : WAi'E:R QL`ALI i y TE r Et, ? REs0LT,S? DYE TEST PERFORMED? Y N DATE? SKETCH: WATERSHEDj�RESIIDENTS QUESTIONNAIRE 1. Name1 1C /</��7�� 2. Street Address 5_3'5 4a�Z_ 3. How many members are in your household? �o 4. What type of sewage disposal system do you have? ❑ cesspool V, septic tank and leaching area ❑ connection to municipal sewer ❑ other (describe) ❑ do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? ❑ yes ❑ no 9 do not know 6. How old is your sewage disposal system? ❑ 0-5 years ❑ 6-10 years 11-20 years ❑ over 20 years . ❑ do not know 7. Has your sewage disposal system been rebuilt or repaired? ❑ yes K no ❑ do not know If yes, approximately how long ago? years. What was done? - 8. How frequently is your sewage disposal system pumped out? ❑ annually ❑ every 2-4 years every 5-10 years ❑ over 10 years ❑ never 9. Have you had any problems with your sewage disposal system? ❑ yes no If yes, what problems? ❑ repeated pump-outs needed ❑ system clogs, backs up, or drains slowly ❑ odors ❑ sewage surfaces through ground 10. How many of each appliance are connected to your sgwage disposal system? washing machine dishwasher t/ garbage disposal dehumidifier drain sump pump toilet roof/pavement drains shower/bathtub 11. Please state the !3 and and type (Ii uid or powder) of detergent you use for: dishwasher -C ;gm o/--, clotheswasher �rip P" 'yes Does your property have a lawn? I� yes ❑ no If yes, approximately what size? ❑ less than 1/4 acre ❑ 1/4 acre ❑ 1/2 acre Fr"�3/4 acre ❑ 1 acre ❑ more than 1 acre (Specify) acres 13. How often do you fertilize your lawn? No. of applications per year Season(s) of the year 14. Please state the brand and type (liquid or granular) of lawn fertilizer you use: r fp ,.�irF..b:'�:�' a.,•.5.� .PL..h•.�,�{�i..f•,, .:�„i C4 Y .. .... 'rJ., i' y {...4�� id M1a: } eX � +�k�� {�1ti y.• +�'��N�>SL - �. ,. .. :` � �V ♦. ... � 1 ...^ •. ..; , w ti tsar it,:• r ,,,y:' ., x'?��q' .� '`'r.�' e ❑ Check here if your lawn is maintained by a professional landscape contractor. t '.1; �.t .. ;y .'-,1.:. �.f�U�es-.v», '`..•x:..:? ,: '.r,.nE•i--K•�"p .�,.�r ;a:?. ,.lJiwrr �. f., •n�i. .as&�-, '