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PUBLIC HEALTH DEPARTMENT
Community Development Division
March 10,2010
Mr.Richard and Stella Brown
J 5-35' 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 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 http://www.townofnorthandover.com
M.G.L. - Chapter 111, Section 3 1 c Page 1 of 2
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TITLE XVI. PUBLIC HEALTHMass. 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, 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 3 1 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/111-31 c.htm 3/11/2010
M.G.L. - Chapter 111, Section 125a Page 1 of 1
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TITLE XVI. PUBLIC HEALTH 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 vmtten 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 0
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