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HomeMy WebLinkAboutMiscellaneous - 1761 SALEM STREET 4/30/2018 (3)--1 0 -\ \ � It oey cakQ e �— cn 6xo-000� a)/,-+ 4t 6/y ? 4c luy -e_,d- �Jw�-h wl �d I �', — -�o (I 4✓40911S %lA)tLupmu 0 Nil ��, 00 N O M A Ur r 14 I *i April 29, 2016 TO OWNER OF RECORD Salem Realty Trust Jeanette Toscano 1761 Salem Street North Andover, MA. 01845 North Andover Health Department Lommvnity and Economic Development Division Letter of Compliance PROPERTY LOCATION 1761 Salem Street North Andover, MA. 01845 Map 106B Parcel 89 A Health Department ORDER LETTER dated April 5, 2016 was issued to you as owner of record of the property listed above citing violations of the North Andover law, Chapter 37. BEAVER BYLAW - PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES. Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. A re -inspection of the property has found that all of the violations noted on the Order Letter has been corrected. The Health Department would like to thank you for your cooperation. ,11cerely, , Michele E. Grant North Andover Health Inspector Cc: Brian Lagrasse - Health Director Jennifer Hughes Conservation Director File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com PUBLIC HEALTH DEPARTMENT (ommunity & Economic Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Date: April 5, 2016 To Owner of Record: Salem Realty Trust 1761 Salem Street North Andover, MA 01845 Property Location: 1761 Salem Street Map 106B Parcel 89 An authorized inspection was made of properties abutting the above referenced address by North Andover Health and Conservation Department personnel on April 4, 2016. Specifically observed was the extreme flooding threatening properties along Salem Street. The Departments inspected the properties after receiving complaints of flooding threatening residences along Salem Street. These conditions are the direct result of the beaver activity in the area including a dam at the driveway servicing your property. This office has determined that the location of the dam is located on the property listed above. As such this inspection revealed violations of certain regulations of the North Andover by law, Chapter 37. BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. This notification of responsibility is in accordance with section 73.6 Section 73.6: Board of Health to Notify Responsible Parties In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to human health or safety due to a dam or blockage on a particular property, the Board will immediately notify the property owner and direct that the property owner immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com The authority to issue this order to correct is based upon MA General Laws Chapter 111: Section 123. Abatement by owner; penalty Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. You are hereby ordered the following: 1) Must hire a licensed wildlife control manager, who specializes in beaver issues, who will abate the problem by all legal measures. Said contractor must be hired within seven (7) days of receipt of this letter. 2) The contractor must investigate the issue of the complaint and propose a solution within fourteen (14) of hiring. This proposal must be approved by the North Andover Health Department and the Conservation Administrator and proper permits must be issued. 3) The contractor must execute this plan no later than thirty (30) days of receipt of this letter. Please note that the dam is protected by the Division of Fish and Wildlife and the DEP. Unapproved tampering of a dam may result in further legal action. Property owners on Salem Street have expressed an interest in assisting with a resolution to this problem. Cooperating on a solution with abutters would be acceptable but ultimate compliance is your responsibility under the law. 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. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Michele Grant Public Health Inspector Cc: Jennifer Hughes, Conservation Administrator Eric Kfoury, Community & Economic Development Director James and Marinete Henry 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 4/29/2016 NOR ANOVER MassachAfts- RE: 1773 salem street email 1 message Town of North Andover Mail - RE: 1773 salem street email Michele Grant <mgrant@northandoverma.gov> Mike Callahan <mike@beaversolutions.com> Fri, Apr 29, 2016 at 7:38 AM Reply -To: mike@beaversolutions.com To: James Henry <james.henry@andoversoft.com>, Stephanie LaMarca <slamarca@comcast.net>, Jennifer Hughes <jhughes@northandoverma.gov> Cc: Cat Bartlett <catbartlett@comcast.net>, Heidi Gaffney <hgaffney@northandoverma.gov>, Lisa Hadge <Ihadge@northandoverma.gov>, Michele Grant <mgrant@northandoverma.gov>, dckmwws@gmail.com, markstoolrepair@gmail.com, Marinete Henry <marinetehenry@msn.com> Good Morning, Yes, we were very successful yesterday installing the two large Pond Leveler pipes which will allow for continuous water flow under the bridge that the beavers will not be able to block. Each pipe is 40 feet long and extends deep out into the pond. See attached info sheet for more details. All the best, Mike Callahan Michael Callahan, Owner Beaver Solutions LLC "Working With Nature" 14 Mountain Road Southampton, MA o1o73 Office: (413) 527-6472 Web: www.beaversolutions.com From: James Henry [mailto:james.henry@andoversoft.com] Sent: Friday, April 29, 2016 6:43 AM To: Stephanie LaMarca <slamarca@comcast. net>; 'Jennifer Hughes' <jhughes@northandoverma.gov> Cc: 'Cat Bartlett' <catbartlett@comcast.net>; 'Mike Callahan' <mike@beaversolutions.com>; 'Heidi Gaffney' <hgaffney@northandoverma.gov>; 'Lisa Hadge' <Ihadge@northandoverma.gov>; 'Michele Grant' <mgrant@northandoverma.gov>; rickmwws@gmail.com; markstoolrepair@gmai1.com; Marinete Henry <madnetehenry@msn.com> Subject: RE: 1773 salem street email https://mai l.google.com/mai I/ca/u/0/?ui=2&ik=d4458df3d9&view=pt&search=i nbox&th=15461 cfcfa2d5433&si m 1=15461 cfcfa2d5433 1/2 BEAVER SOLUTIONS Michael Callahan 14 Mountain Road Southampton, MA 01073 www.beaversolutions.com Proposal for Joe Z. 1761 Salem Street Realty Trust 1761 Salem Street North Andover, MA 01845 PROPOSAL Date 4/14/2016 Project Location 1761 Salem Street Project Description Pond Level Control Description Quantity Cost Total Flexible Pond Leveler - Total labor and 2 1,580.00 3,160.00 material costs for a Flexible Pond Leveler pipe system with up to 40 ft of 15" dia. ADS pipe. Price includes delivery, installation and a post -installation inspection. Exclusion Fence - An exclusion fence 2 150.00 300.00 will be added to the outflow end of the Flexible Leveler pipe to prevent interference from the beavers. Multiple Flow Device Discount - Beaver -450.00 -450.00 Solutions Discount on the second flow device installed at the same location. Optional Permit Service - Permits were 0 250.00 0.00 obtained by the client. Total Page 1 BEAVER SOLUTIONS Michael Callahan 14 Mountain Road Southampton, MA 01073 www.beaversolutions.com Proposal for Joe Z. 1761 Salem Street Realty Trust 1761 Salem Street North Andover, MA 01845 U.121_01 Date 4/14/2016 Project Location 1761 Salem Street Project Description Pond Level Control Description Quantity Cost Total Optional Annual Maintenance Agreement - 1 350.00 350.00 Both Flexible Pond Leveler pipe systems will be inspected annually and as needed through 12-31-16 for beaver related or other damage, and the pipe adjusted if necessary to maintain proper water level. Price includes Beaver Solutions "Worry -Free Guarantee". Minor repairs and materials are included at no additional charge. Discount - Partial year discount for the -200.00 -200.00 optional annual Maintenance Plan. Waived $175 site assessment fee. Total $3,160.00 Page 2 PUBLIC HEALTH DEPARTMENT fommunity & Economic Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Date: April 5, 2016 To Owner of Record: Salem Realty Trust 1761 Salem Street North Andover, MA O1845 Property Location: 1761 Salem Street Map 106B Parcel 89 An authorized inspection was made of properties abutting the above referenced address by North Andover Health and Conservation Department personnel on April 4, 2016. Specifically observed was the extreme flooding threatening properties along Salem Street. The Departments inspected the properties after receiving complaints of flooding threatening residences along Salem Street. These conditions are the direct result of the beaver activity in the area including a dam at the driveway servicing your property. This office has determined that the location of the dam is located on the property listed above. As such this inspection revealed violations of certain regulations of the North Andover by law, Chapter 37. BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. This notification of responsibility is in accordance with section 73.6 Section 73.6: Board of Health to Notify Responsible Parties In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to human health or safety due to a dam or blockage on a particular property, the Board will immediately notify the property owner and direct that the property owner immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com The authority to issue this order to correct is based upon MA General Laws Chapter 111: Section 123. Abatement by owner; penalty Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. You are hereby ordered the following: 1) Must hire a licensed wildlife control manager, who specializes in beaver issues, who will abate the problem by all legal measures. Said contractor must be hired within seven (7) days of receipt of this letter. 2) The contractor must investigate the issue of the complaint and propose a solution within fourteen (14) of hiring. This proposal must be approved by the North Andover Health Department and the Conservation Administrator and proper permits must be issued. 3) The contractor must execute this plan no later than thirty (30) days of receipt of this letter. Please note that the dam is protected by the Division of Fish and Wildlife and the DEP. Unapproved tampering of a dam may result in further legal action. Property owners on Salem Street have expressed an interest in assisting with a resolution to this problem. Cooperating on a solution with abutters would be acceptable but ultimate compliance is your responsibility under the law. 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. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Michele Grant Public Health Inspector Cc: Jennifer Hughes, Conservation Administrator Eric Kfoury, Community & Economic Development Director James and Marinete Henry 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 4/8/2016 General Laws: CHAPTER 111, Section 123 it THF,18 9TGENERAL�t. {;oL>RT OF Home Glossary FAQs THE C()Ii MONNVEAL.TH GF 1° ASSACHUSETFS ite search , Options Gd Massachusetts Laws Bilis State Budget IPeople Committees Reports Educate & Engage Events MyLegislature Home Bills & Laws Laws General Laws PART I TITLE XVI CHAPTER 111 Section 123 Massachusetts Laws Massachusetts Constitution General Laws Session Laws Rules General Laws Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. Show / Hide Site Map Mass.00v I Site Mao I Site Poli cv I Contact Us Copyright © 2016 The General Court, All Rights Reserved https://malegislature.gov/Laws/GeneralLaws/Partl[TitleXVI/Chapter111/Sectionl23 1/1 Print Page PART I ADMINISTRATION OF THE GOVERNMENT i NEXT TITLE XVI PUBLIC HEALTH i PREV NEXT CHAPTER 111 PUBLIC HEALTH i NEXT Section 123 I Abatement by owner; penalty j PREV NEXT Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. Show / Hide Site Map Mass.00v I Site Mao I Site Poli cv I Contact Us Copyright © 2016 The General Court, All Rights Reserved https://malegislature.gov/Laws/GeneralLaws/Partl[TitleXVI/Chapter111/Sectionl23 1/1 n an, a n�ZIA \Yrs r 4 .*zS ^�.� t R�• 1�}4tyY�4 'S1Arr+i x Nrjt�l�r`'driA�,��r f vwt-, -,y @ - i rNO .�{pk S :�.' '�rs7al>ri t 4j 'jM'V 1vqj i`i r Yn 8 o i9 } ..it 4}�Fr t J �`."`�..ca�"c y ,+`�,Q�, E 6 fN *'�'=.,+a.�^il �'Gflet. "ter C'4�yy`Y k f'�.:F Y i:.Tf ;��+-i+ldi[ Y 7 '<ika AA O r. ��s� ✓'i / yyr�? r `�.«va%wa_i.,�+- Ru x �.� . i fti. jYJ{�j,. s ! ai' t /%�±f ,�. ya �r]� �a.q �d 'Y" # 'r ^Ja"l� aP •�''�` i. yy� .r.,.- re v��Y-04f��( �{✓M.R4^� t NR•Y( ('. i \ .rws,`` w`�i� P; ��i "'.i 5��p" t i� y�r <' �� /� � , � .�i>• .t ewr HOi, 40 lka e-' ,v Article 37. A Plan for Beaver Control and Associated Bylaw. UNANIMOUSLY VOTED that the Town amend the General Bylaws of the Town of North Andover by inserting a new Chapter 73 - Beaver Bylaw — Protection From Damage Due to Beaver Dams and Blockages to read as follows: CHAPTER 73 BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.1: Purpose The Town of North Andover hereby enacts this Bylaw, in strict compliance with Massachusetts General Laws Chapter 131, Section 80A, as amended (`Section 80A'), and _ all other applicable Federal and State laws, rules, and regulations (altogether, the `Rules'), for the efficient protection of human health and safety and public and private property from damage resulting from beaver or other animal -related dams and blockages. Section 73.2: Board of Health Responsible This bylaw affirms the above Rules and specified processes and directs that the Rules be followed in their word and their intent in the Town of North Andover. The emphasis shall be on creating an implementation that, consistent with the Rules, is effective and efficient and minimally burdensome on the Town and its residents and property owners over both the short and the long term. The North Andover Board of Health shall take a leadership role and primary responsibility in defining and managing that implementation. Section 73.3: Clarify interpretation of Section 80A The Board of Health will actively work to formally clarify the meaning of any portions of Section 80A about which there is doubt or differing interpretation, consistent with other applicable laws, rules, regulations, and judicial decisions in Federal and State courts. Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. Section 73.5: Town as Property Owner As property owner, the Town is responsible for the management of dams or blockages on Town property. Section 73.6: Board of Health to Notify Responsible Parties In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to human health or safety due to a dam or blockage on a particular property, the Board will immediately notify the property owner and direct that the property owner immediately resolve the problem consistent with Mass. General Laws Chapter' 111, Section 123. 6 4 rc r Section 73.7: Town Departments as Specialists The Board of Health and the Conservation Commission will actively assist in the resolution of difficulties between property owners around these issues, and assist and provide guidance to private property owners in the management of their own difficulties in this regard. Section 73.8: Long Term Site Management Plans The Board of Health, working with the Massachusetts Division of Fisheries and Wildlife (DFW), will take an active, leadership role in the development and approval of a comprehensive, practical, long term management plan for each site where there is determined to be an issue within the scope of Section 80A. The Town will store all such plans, make available copies for use in other situations where a plan is being developed, and provide copies at cost whenever requested; preferably also making all such plans freely available on the Town website for easy reference. A long term plan shall be for a site, not an individual. As such, a long term plan may run with the land. All persons to whose property access is required to implement a long term plan, or whose property is affected by the problem, may be a part of the preparation of and agreement to such plan. A long term plan shall be for the foreseeable future, although any plan is modifiable whenever the need arises. Such plans shall be written and shall be specific about what is to be done, who is responsible, the geographic area of the site, and what inspections are to be performed to verify that the plan is being followed. A long term plan should strive to minimize the number of other permits required to be obtained and kept in effect. Section 73.9: Sewer Pumping Stations In addition to continuing to work together for the protection of our sewer pumping stations and our water supply, the Division of Public Works and the Water and Sewer Departments (herein DPW+W+S) shall be knowledgeable about all waterways near or affecting sewer pumping stations. The DPW+W+S shall proactively address any site where a dam or blockage is likely to impact a sewer pumping station. Section 73.10: Fees The Board of Selectmen is authorized to establish a comprehensive fee schedule under this bylaw. Said fee schedule, to the extent allowed by law, shall supersede related fee schedules established by other town departments and/or boards. The intent of this section is to establish one unified fee structure relating to beaver control. Section 73.11: Severability If any provision of this bylaw is determined to be invalid, such determination shall not affect the validity of the other provisions of this bylaw, which other provisions shall remain in full force and effect 4/8/2016 General Laws: CHAPTER 111, Section 1 Home Glossary FAQs THF, 1$9Trs GENERAL Cot.lx'r OF `�'`•� THE COMMO-TAVE.UTH OF MASSACHUSETFS kite search Options GO Massachusetts Laws Bilis State Budget People I Committees Reports Educate & Engage I Events I MyLegislature Home Bills & Laws Laws General Laws PART I TITLE XVI CHAPTER 111 Section 1 111 Massachusetts Iaws Massachusetts Constitution General Laws Session Laws Rules General Laws Print Page PART I ADMINISTRATION OF THE GOVERNMENT �w NEXT TITLE XVI PUBLIC HEALTH PREV NEXT CHAPTER 111 PUBLIC HEALTH NEXT Section 1Definitions NEXT Section 1. The following words as used in this chapter, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings: "Board of health" shall include the board or officer having like powers and duties in towns where there is no board of health. "Commissioner", the commissioner of public health. "Council", the public health council of the department of public health. "Department", the department of public health. "Disease dangerous to the public health" shall include all diseases defined as such in accordance with section six. "Farming" or "agriculture", farming in all of its branches and cultivation arid tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur -bearing animals, and any practices, including any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agricultural of farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. "Health care provider", any doctor of medicine, osteopathy, or dental science, or a registered nurse, social worker, doctor of chiropractic, or psychologist licensed under the provisions of chapter one hundred and twelve, or an intern, or a resident, fellow, or medical officer licensed https://malegislature.gov/Laws/GeneralLaws/PartIfTifeXVI/Chapterlll/Sectionl 1/3 4/8/2016 General Laws: CHAPTER 111, Section 1 under section nine of said chapter one hundred and twelve, or a hospital, clinic or nursing home licensed under the provisions of chapter one hundred and eleven and its agents and employees, or a public hospital and its agents and employees. "Inland waters" shall include any and all lakes, ponds, streams, tidal waters and flats, and underground waters. "Medical peer review committee" or "committee", a committee of a state or local professional society of health care providers, including doctors of chiropractic, or of a medical staff of a public hospital or licensed hospital or nursing home or health maintenance organization organized under chapter one hundred and seventy-six G, provided the medical staff operates pursuant to written by-laws that have been approved by the governing board of the hospital or nursing home or health maintenance organization or a committee of physicians established pursuant to section 12 of chapter 111C for the purposes set forth in subsection (f) of section 203, which committee has as its function the evaluation or improvement of the quality of health care rendered by providers of health care services, the determination whether health care services were performed in compliance with the applicable standards of care, the determination whether the cost of health care services were performed in compliance with the applicable standards of care, determination whether the cost of the health care services rendered was considered reasonable by the providers of health services in the area, the determination of whether a health care provider's actions call into question such health care provider's fitness to provide health care services, or the evaluation and assistance of health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical disability, mental instability or otherwise; provided, however, that for purposes of sections two hundred and three and two hundred and four, a nonprofit corporation, the sole voting member of which is a professional society having as members persons who are licensed to practice medicine, shall be considered a medical peer review committee; provided, further, that its primary purpose is the evaluation and assistance of health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical disability, mental instability or otherwise. "Medical peer review committee" shall include a committee of a pharmacy society or association that is authorized to evaluate the quality of pharmacy services or the competence of pharmacists and suggest improvements in pharmacy systems to enhance patient care; or a pharmacy peer review committee established by a person or entity that owns a licensed pharmacy or employs pharmacists that is authorized to evaluate the quality of pharmacy services or the competence of pharmacists and suggest improvements in pharmacy systems to enhance patient care. "Nuclear reactor", any apparatus, other than an atomic weapon, designed to sustain nuclear fission in a self-supporting chain reaction. "Primary care provider", a health care professional qualified to provide general medical care for common health care problems who; (1) supervises, coordinates, prescribes, or otherwise provides or proposes health care services; (2) initiates referrals for specialist care; and (3) maintains continuity of care within the scope of practice. "Shaken baby syndrome", a form of abusive head trauma, characterized by a constellation of symptoms caused by a non-accidental traumatic injury resulting from the violent shaking of and impact upon an infant or child's head. https://malegisIature.gov/Laws/GeneralLaws/Parti/TifleXVI/ChapterI11/Secton1 213 4/8/2016 General Laws: CHAPTER 111, Section 1 Show/ Hide Site Map Mass.pov I Site Mao I Site Poli cv I Contact Us Copyright© 2016 The General Court, All Rights Reserved https:Hmalegislature.gov/Laws/GeneralLaws/PartIfTitleXVI/Chapter111/Sectioni 313 BIAVIR SOLUTIONS Flexible Pond Leveler TM When flooding from a beaver dam threatens human property, health or safety, a Beaver Solutions Flexible Pond Leveler TM pipe system can be a very effective solution. This flow device will create a permanent leak through the beaver dam that the beavers cannot stop. This eliminates the need for repeated trapping despite the presence of beavers. Domed Intake Fence 6" x 6" Mesh Concrete Block Pond Level 10", 12", or 15" Diameter Pipe Approximately 40 Feet Beaver Dam In order for these pipe systems to be effective, they must be designed so that beavers cannot detect the flow of water into the pipe. The Flexible Pond LevelerTM does this by surrounding the submerged intake of the pipe with a large cylinder of fencing which is placed in as deep water as possible. This prevents the beavers from detecting the flow of water into the pipe. As a result, the beavers do not try to clog the pipe, and a safe water level can be maintained. The height of the pipe in the dam determines the pond level (see diagram). Water will flow through the pipe unless the pond level drops below the peak of the pipe. The pipe is set in the dam at the desired pond level, and can be adjusted up or down if necessary. Unlike road culverts, Flexible Pond Leveler TM pipes do not need to be sized to handle catastrophic storm events because heavy storm runoff will simply flow over the top of the dam. Following the storm the pipe will return the pond to the normal level. When installing a pipe system it is very important to lower a pond only enough to protect human interests. The more a pond is lowered the more likely it is beavers will build a new dam to render the pipe ineffective. Lowering a beaver pond by up to one vertical foot is generally not a problem. Whenever a freestanding dam must be lowered by two feet or more, a single round of trapping may be needed prior to installing the pipe. Following trapping new beavers relocating into the area are more likely to tolerate the smaller pond without new problematic dam building because they do not have the memory of the larger pond. With routine maintenance this flow device will remain effective for many years. Since our customer's satisfaction and our reputation are very important to us, we offer an optional low cost Maintenance Plan which is included with every Maintenance Plan at no additional cost. However, if you prefer to do the maintenance, we are always available to answer any questions at no charge because we are committed to long term success, your satisfaction and our good reputation. May be reproduced courtesy of Mike Callahan, Owner Beaver Solutions LLC, "Working With Nature" 4/25/2016 Town of North Andover Mail - RE: 1773 salem street email NORTIH AN AVER Michele Grant <m rant northandoverma. ov> Massachuls 9 @ 9 RE: 1773 salem street email 1 message James Henry <j ames. henry @andoversoft. com > Sat, Apr 23, 2016 at 7:10 PM To: "mike@beaversolutions.com" <mike@beaversolutions.com>, Heidi Gaffney <hgaffney@northandoverma.gov> Cc: Lisa Hadge <Ihadge@northandoverma.gov>, Michele Grant <mgrant@northandoverma.gov>, "catbartlett@comcast.net" <catbartlett@comcast.net>, "jhughes@northandoverma.gov" <jhughes@northandoverma.gov>, "slam arca@comcast. net" <slamarca@comcast.net>, "dckmwws@gmail.com" <dckmwws@gmail.com> Attached are updated images as of a few moments ago. It's rising. Honestly, I understand regulation (it's meant to serve a purpose) but I am hoping that reason will enable the issue to be resolved as soon as its allowed. Please remember, I may be the loud mouth in the email chain but this is impacting at least 3 to 4 other neighbors too. -James James has files to share with you on OneDrive. To view them, click the links below. From: mike@beaversolutions.com To: hgaffney@northandoverma.gov CC: Ihadge@northandoverma.gov; mgrant@northandoverma.gov; catbartlett@comcast.net; jhughes@northandoverma.gov; slamarca@comcast.net; rickmwws@gmail.com; james.henry@andoversoft.com Subject: RE: 1773 salem street email Date: Sat, 23 Apr 2016 11:46:17 -0400 Heidi, I won't know exactly how low to go until I am on site and out in the pond, but from the pictures I suspect the pond Levelers will need to lower the water 1- 2 feet at least. So a https:Hmai l.google.com/mai I/calu/0/?ui=2&i k=d4458df3d9&view=pt&search=inbox&th=154456325c9086be&si m l=154456325c9086be 119 4/25/2016 Town of North Andover Mail - RE: 1773 salem street email temporary breach down one foot to relieve the flooding should be fine, right? All the best, Mike Callahan Michael Callahan, Owner Beaver Solutions LLC "Working With Nature" 14 Mountain Road Southampton, MA o1o73 Cell: (413) 695-0484 Office: (413) 527-6472 Web: www.beaversolutions.com From: Heidi Gaffney [ma iIto: hgaffney@northandoverma.gov] Sent: Saturday, April 23, 2016 11:30 AM To: mike@beaversolutions.com Cc: Lisa Hadge <Ihadge@northandoverma.gov>; Michele Grant <mgrant@northandoverma.gov>; catbartlett@comcast.net; jhughes@northandoverma.gov; slamarca@comcast.net; rickmwws@gmaii.com; lames Henry <james. hen ry@andoversoft. corn> Subject: RE: 1773 salem street email don't believe breaching the dam is approved other than the minimum that is necessary to install the flow pipes on the day of install. On Apr 23, 2016 9:57 AM, "Mike Callahan" <mike@beaversolutions.com> wrote: I understand, and would if I could. Since the town has approved breaching the dam, having someone open up the dam in the meantime would make sense. From: James Henry [mailto:james.henry@andoversoft.com] https:Hmai l.google.com/mai I/ca/u/0/?ui=2&i k=d4458df3d9&view=pt&search=inbox&th=154456325c9086be&si m 1= 154456325c9086be 2/9 4/25/2016 Town of North Andover Mail - RE: 1773 salem street email Sent: Saturday, April 23, 2016 7:50 AM To: Mike Callahan <mike@beaversolutions.com>, jhughes@northandoverma.gov; mgrant@northandoverma.gov; Ihadge@northandoverma.gov; hgaffney@northandoverma.gov; rickmwws@gmail.com; catbartlett@comcast.net; slamarca@comcast.net Subject: RE: 1773 salem street email Hi Mike— Thanks for the reply. Just so you know. The sump pump for me started running again since yesterday. I assume for the neighbors there ground water levels are rising too. Waiting for next Thursday means my sump pump will be actively running for seven days and pumping to my front yard. Impacting my leaching field for my septic system. If you can come sooner it would be appreciated by me. Sent from my Windows 10 phone From: Mike Callahan Sent: Friday, April 22, 2016 7:44 PM To: 'James Henry'; jhughes@northandoverma.gov; mgrant@northandoverma.gov; Ihadge@northandoverma.gov; hgaffney@northandoverma.gov; rickmwws@gmail.com; catbartlett@comcast.net; slamarca@comcast.net Subject: RE: 1773 salem street email Hello James, Thank you for the pictures. Yes, I had heard from Joe Z. this week that the beavers had rebuilt the dam and the water was rising again. Initially the flow device installation was scheduled for Monday May 2nd, but due to a recent postponement of a different project I have been able to move it up to next Thursday, April 28th. At that time we will be installing two Pond Leveler pipes to lower the water level and keep it down. These devices allow us to control the water at a safe level without needing to kill the beavers. See attached. Note, there are situations where I will recommend that the beavers need to be killed, but at this point this is not one of them. All the best, https://m ai l.google.com/mai I/calul0/?ui=2&ik=d4458df3d9&view=pt&search=inbox&th=154456325c9O86be&si m l=154456325c9086be 3/9 4/25/2016 Town of North Andover Mail - RE: 1773 salem street email Mike Callahan Michael Callahan, Owner Beaver Solutions LLC "Working With Nature" 14 Mountain Road Southampton, MA o1o73 Office: (413) 527-6472 Web: www.beaversolutions.com From: James Henry[ma ilto:james.hen ry@andoversoft.com] Sent: Friday, April 22, 2016 11:32 AM To: jhughes@northandoverma.gov; mgrant@northandoverma.gov; Ihadge@northandoverma.gov; hgaffney@northandoverma.gov; mike@beaversolutions.com; rickmwws@gmail.com; catbartlett@comcast.net; slamarca@comcast.net Subject: RE: 1773 Salem street email + catbartlett@comcast.net +slamarca@comcast. net -James From: james.henry@andoversoft.com To: jhughes@northandoverma.gov; mgrant@northandoverma.gov; Ihadge@northandoverma; gov; hgaffney@northandoverma.gov; mike@beaversolutions.com; rickmwws@gmail.com Subject: FW: 1773 salem street email Date: Fri, 22 Apr 2016 11:29:50 -0400 fanMIA !� My understanding is that you were contracted to deal with the dam by the neighbors and that you're scheduled to arrive next week. I wanted to show you that after the dam was breached by the neighbors and which provided temporary relief, the beavers did their thing and re-established the dam. As a result, we're back to having an overflow. Attached are pictures of my yard as of a few minutes ago. I would imagine that it is impacting all the other neighbors abutting the Boston brook. If not dealt with this will become a pond. Can you give us an ETA as to when you will begin working on the issue. Are you going to install a Beaver Deceiver and trap the beavers or just the Beaver Deceiver only? -James James has files to share with you on OneDrive. To view them, click the links below. https:Hm ai l.google.com/mai I/calu/0/?ui=2&ik=d4458df3dg&view=pt&search=i nbox&th=154456325c9086be&si m 1= 154456325c9086be 4/9 r=I Certified Fee C3 Return Receipt Fee Postmark 1i C3 (Endorsement Required) - Here Restricted Delivery Fee {.7104� ( p (Endorsement Required) t O `�O U-) Total Postage &Fees Sent To r-i �................ ' O Street, Apt. No.; ^ ^ - -- ---= . _ IL or PO Box No. 1 � n � 701 417/2016 Town of North Andover Mail - RE: Boston Brook Flood NORN �IOVER Massachus t%ts _ I Michele Grant <mgrant@northandoverma.gov> RE: Boston Brook Flood 1 message Marinete Henry <marinetehenry@msn.com> Thu, Apr 7, 2016 at 11:13 AM To: Jennifer Hughes <jhughes@northandoverma.gov> Cc: James Henry <james.henry@andoversoft.com>, Michele Grant <mgrant@northandoverma.gov> No, we cancelled the appointment with Mike, since we can not do anything about it. In addition, we did not have enough time to meet the demands that the person who appeared to be in charge requested. He wrote on the "permission" letter and put on my mailbox on Tuesday. He wanted 48 hours written noticed, waiver signed before. anyone could come to "his" property and a copy of the drive license of anyone involved in fixing the problem. Another problem was that the permission was not signed. I took a picture of the letter and sent it to you on Tuesday. Rick Merchant, from Wachusett Wildlife services, who often works with Mike came on Tuesday. He spoke to Mike. The plan was to have Mike calling the shots when permit and permission were obtained. I am not dealing with the neighbor any longer. I want the town to enforce its law to protect my property and family well being. I understand your limitations. My question for you, based on the town bylaws is when my house gets flooded can you do anything sooner that 7 days? Best regards, Marinete Henry From: jhughes@northandoverma.gov Date: Thu, 7 Apr 2016 10:38:45 -0400 Subject: Re: Boston Brook Flood To: madnetehenry@msn.com CC: jam es. henry@andoversoft.com; mgrant@northandoverma.gov Has Mike Callahan been out there yet? I can issue an emergency permit as soon as I know the work that needs to be done. However I cannot authorize trespass on to private property. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street, Suite 2035 North Andover, MA 01845 Phone 978.688.9530 Fax 978.688.9542 Email jhughes@northandoverma.gov Web www.northandoverma.gov https://mai l.google.com/mai l/ea/u/O/?ui=2&ik=d4458df3d9&view=pt&search=i nbox&th=153fl49798e8682b&sim l=153fl49798e8682b �� 4/7/2016 Town of North Andover Mail - RE: Boston Brook Flood On Thu, Apr 7, 2016 at 10:22 AM, Marinete Henry <marinetehenry@msn.com> wrote: Good morning Jennifer and Michelle, I am song to keep bothering you with our now imminent flood, but I have a question. Once the water from the brook gets into my house, does the requirements from the town law change? I have spoken to my mail women, she can not deliver the certified letter if the water is going over the bridge. She must do 3 attempts before returning the certified letter to you. According to her, this process can take up to 14 days. I understand, the law of the 7 days period.to protect properties at risk. The way the water is raising and with the rain today, by Monday water will be inside my basement. We have cancelled the appointment with Mike Callahan yesterday, since we could not do anything on our own. This are the pictures taken today from my backyard. We appreciate everything both of you have done to help us, Best regards, Marinete Henry https://m ai I.google.com/mai I/ca/u/0/?ui=2&i k=d4458df3d9&view=pt&search=inbox&th=153f149798e8682b&sim 1=153f149798e8682b 2/6 4[7/2016 IMG_3545.JPG https:/ImaiI.google.com/mail/ca/u/O/Mnbox/l53fl49798e8682b?projector=1 1/1 '����s a .et6f4r �; 'el #i$i }��i[•�!`iYl]\, �\ t•� r� .� t+ f t ti �y�e.. qt yr:;eh �� iq � �,i9S _ :A - r' ' AMP, ev 3 I cc r -..... ren ..� j24C x 6 � , � w tae �' �q � . ��'� � •- .P.. �`#� 4'x.9"' `�%`� h _ r Vo- n � 4(1/2016 Town of North Andover Mail - RE: Boston Brook Flood https://maiI.google.com/mail/ca/u/O/?ui=2&ik=d4458df3d9&view=pt&search=inbox&th=153f149798e8682b&sim1=153f149798e8682b 316 4/7/2016 Town of North Andover Mail - RE: Boston Brook Flood https://m ai l.google.com/mai I/calul0/?ui=2&ik=d4458df3d9&view=pt&search=inbox&th=153fl49798e8682b&sim 1= 1531`149798e8682b 4/6 417/2016 Town of North Andover Mail - RE: Boston Brook Flood hftps:Hmail.google.com/mail/ca/u/0/?ui=2&ik=d4458df3dg&view=pt&search=i nbox&th=153fl49798e8682b&si m l=153fl49798e8682b 516 4/7/2016 Town of North Andover Mail - RE: Boston Brook Flood Please note: As of January 11, 2016, all Town Hall offices, except Assessor and Veterans Services, will be temporarily moving to 1600 Osgood Street, Suite 2043. All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.northandoverma.gov. https://mail.google.com/mail/ca/u/O/?ui=2&ik=d4458df3d9&view=pt&search=inbox&th=153f149798e8682b&sim 1= 153f149798e8682b 6/6 4/14/2016 Town of North Andover Mail - Re: I shared "Beaver Dam" with you in OneDrive NORM .OVER Massae Michele Grant <mgrant@northandoverma.gov> Re: I shared "Beaver Dam" with you in OneDrive 1 message Mike Callahan <mike@beaversolutions.com> Wed, Apr 13, 2016 at 10:24 AM To: Michele Grant <mgrant@northandoverma.gov> Thanks I called Joe and left him a voicemail. Hopefully we'll talk later today. All the best, Mike Michael Callahan, Owner Beaver Solutions LLC "working With Nature" Southampton, MA Cell: (413) 695-0484 Web: www.beaversolutions.com On Apr 13, 2016, at 9:51 AM, Michele Grant <mgrant@northandoverma.gov> wrote: Hi Mike, Attached, Please find some of the Pictures of the bridge as well as the Henry home. Michele E. Grant Public Health Agent Town of North Andover 1600 Osgood St I Suite 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mgrant@northandoverma.gov Web www.NorthAndoverma.gov — Forwarded message ------- From: Michele Grant <mgrant@northandoverma.gov> Date: Tue, Apr 5, 2016 at 11:57 AM Subject: Re: I shared "Beaver Dam" with you in OneDrive To: Marinete Henry <marinetehenry@msn.com> Hi Marinete, Ca�Cti�,e I just mailed you a copy of the letter. I will send a certified letter as well "snail mail" to your https:llmai l.google.com/mai I/calu/0/?ui=2&ik=d4458df3d9&view=pt&search=i nbox&th=1541002767555c3b&sim l=1541002767555c3b 1/3 4/14/2016 Town of North Andover Mail -Re: I shared 'Beaver Dam" with you in OneDrive ,neighbor. Call me if you have any questions Sincerely, Michele E. Grant Public Health Agent Town of North Andover 1600 Osgood St I Suite 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mgrant@northandoverma.gov Web www.NorthAndoverma.gov On Tue, Apr 5, 2016 at 8:49 AM, Marinete Henry <marinetehenry@msn.com> wrote: Hi Michele and Jennifer, Thanks for your support in addressing the beaver problem on Boston Brook. I am sharing with you the pictures we took last Friday and the ones I took last evening. Thanks again, Marinete Henry There are 12 photos in this folder. You can add this folder to your own OneDrive. Learn how. View in OneDrive https://mai I.google.com/mai I/ca/u/O/?ui=2&ik=d4458df3dg&view=pt&search=i nbox&th=1541002767555c3b&si m 1=1541002767555c3b 2/3 4/14/2016 Town of North Andover Mail - Re: I shared "Beaver Dam" with you in OneDrive Free online storage for your files. Check it out. Get the OneDrive mobile app. Microsoft respects your privacy. To learn more, please read our Privacy Statement. Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052 Please note: As of January 11, 2016, all Town Hall offices, except Assessor and Veterans Services, will be temporarily moving to 1600 Osgood Street, Suite 2043. All email messages and attached content sent from and to this email account are public records unless qualified as an exemption underthe Massachusetts Public Records Law. Visit us online at www.northandoverma.gov. https:Hmail.google.com/mail/calul0/?ui=2&ik=d4458df3d9&view=pt&search=inbox&th=1541002767555c3b&siml=1541002767555c3b 3/3 PUBLIC HEALTH DEPARTMENT Community & Economic Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Date: April 5, 2016 To Owner of Record: Salem Realty Trust 1761 Salem Street North Andover, MA 01845 Property Location: 1761 Salem Street Map 106B Parcel 89 An authorized inspection was made of properties abutting the above referenced address by North Andover Health and Conservation Department personnel on April 4, 2016. Specifically observed was the extreme flooding threatening properties along Salem Street. The Departments inspected the properties after receiving complaints of flooding threatening residences along Salem Street. These conditions are the direct result of the beaver activity in the area including a dam at the driveway servicing your property. This office has determined that the location of the dam is located on the property listed above. As such this inspection revealed violations of certain regulations of the North Andover by law, Chapter 37. BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. This notification of responsibility is in accordance with section 73.6 Section 73.6: Board of Health to Notify Responsible Parties In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to human health or safety due to a dam or blockage on a particular property, the Board will immediately notify the property owner and direct that the property owner immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com r ` The authority to issue this order to correct is based upon MA General Laws Chapter 111: Section 123. Abatement by owner; penalty Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. You are hereby ordered the following: 1) Must hire a licensed wildlife control manager, who specializes in beaver issues, who will abate the problem by all legal measures. Said contractor must be hired within seven (7) days of receipt of this letter. 2) The contractor must investigate the issue of the complaint and propose a solution within fourteen (14) of hiring. This proposal must be approved by the North Andover Health Department and the Conservation Administrator and proper permits must be issued. 3) The contractor must execute this plan no later than thirty (30) days of receipt of this letter. Please note that the dam is protected by the Division of Fish and Wildlife and the DEP. Unapproved tampering of a dam may result in further legal action. Property owners on Salem Street have expressed an interest in assisting with a resolution to this problem. Cooperating on a solution with abutters would be acceptable but ultimate compliance is your responsibility under the law. 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. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Michele Grant Public Health Inspector Cc: Jennifer Hughes, Conservation Administrator Eric Kfoury, Community & Economic Development Director James and Marinete Henry 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ., 1 �� l C:� ��, r7�rWORVA - - - - - - 4/6/2016 WP 20160405_009.jpg April 4, 2016 I James & Marinate Henry 1773 Salem Street North Andover, MA 01t345 Dear James & Marinete, As per your request In gaining entrance to our private road, dam tinder, and our bridge. Permission from gas is granted For the month of April 2016 only, with the following conditions. That prior notification be given to 1761 Salem Street. Realty Trust within 48 hours of. any planned trespass, the names and identities ofeach person and copies of all licenses, and written permission from the Trust each and every t me. All trespassers mustsign a Waiver accepting total liability, and leaving 1761 Salem Street, Realty Trust. completely unharmed and without liability, That any contractor be approved by the Trost be licensed, bonded, and catty the proper insurance. Of which will be supplied to the owner 1761 Salem Street Realty Trust https://mai l.google.com/mail/ca/u/O/Mnbox/153e8O52292c6ae9?projector=1 1 /1 4/6/2016 Nou.' gVER Massachusis�, Boston Brook -Permission 1 message Town of North Andover Mail - Boston Brook -Permission Michele Grant <mgrant@northandoverma.gov> Marinete Henry <marinetehenry@msn.com> Tue, Apr 5, 2016 at 4:02 PM To: jhughes@northandoverma.gov, mgrant@northandoverma.gov, "Henry, James (CORP)" <James. Henry@adp.com> Hi Michelle and Jennifer, This is the permission the neighbor from 1761 Salem street left on my mailbox. The problem with it is that is not signed. Take at look at the requirements he demands! Thanks for your support, hopefully the land owner will contact you soon to give permission. It's very difficult to see the water raising and be powerless to protect our own property. I know you are doing everything possible to help us. Best regards, Marinete Henry Sent from my Windows Phone 2 attachments WP_20160405_009.jpg 280K WP_20160405_007. j pg 450K https:Hmai l.google.com/mai I/calul0/?ui=2&i k=d4458df3d9&view=pt&search=inbox&th=153e8052292c6ae9&si m l=153e8052292c6ae9 1/1 -10 PUBLIC HEALTH DEPARTMENT Community & Economic Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Date: April 5, 2016 To Owner of Record: Property Location: Salem Realty Trust 1761 Salem Street 1761 Salem Street Map 106B Parcel 89 North Andover, MA 01845 An authorized inspection was made of properties abutting the above referenced address by North Andover Health and Conservation Department personnel on April 4, 2016. Specifically observed was the extreme flooding threatening properties along Salem Street. The Departments inspected the properties after receiving complaints of flooding threatening residences along Salem Street. These conditions are the direct result of the beaver activity in the area including a dam at the driveway servicing your property. This office has determined that the location of the dam is located on the property listed above. As such this inspection revealed violations of certain regulations of the North Andover by law, Chapter 37. BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. This notification of responsibility is in accordance with section 73.6 Section 73.6: Board of Health to Notify Responsible Parties In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to human health or safety due to a dam or blockage on a particular property, the Board will immediately notify the property owner and direct that the property owner immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com The authority to issue this order to correct is based upon MA General Laws Chapter 111: Section 123. Abatement by owner; penalty Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. You are hereby ordered the following: 1) Must hire a licensed wildlife control manager, who specializes in beaver issues, who will abate the problem by all legal measures. Said contractor must be hired within seven (7) days of receipt of this letter. 2) The contractor must investigate the issue of the complaint and propose a solution within fourteen (14) of hiring. This proposal must be approved by the North Andover Health Department and the Conservation Administrator and proper permits must be issued. 3) The contractor must execute this plan no later than thirty (30) days of receipt of this letter. Please note that the dam is protected by the Division of Fish and Wildlife and the DEP. Unapproved tampering of a dam may result in further legal action. Property owners on Salem Street have expressed an interest in assisting with a resolution to this problem. Cooperating on a solution with abutters would be acceptable but ultimate compliance is your responsibility under the law. 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. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Michele Grant Public Health Inspector Cc: Jennifer Hughes, Conservation Administrator Eric Kfoury, Community & Economic Development Director James and Marinete Henry 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com , ( 4, 10 -DAY EMERGENCY BEAVER OR MUSKRAT PERMIT Name: F'I(.l ✓� ►��? - k I C.XM PM Lko,Vl ✓VI Permit No. � Address:1 Authorized Agent Name (if applicable): Complaint Location: In accordance with and pursuant to provisions contained in chapter 131 of the Massachusetts General Laws section 40, 80A and 321 Code of Massachusetts Regulation 2.08 and 10.00 (Wetlands Protection Act), the permittee(s) above named may immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage -type traps for the taking of beaver or muskrat, subject to the regulations promulgated by the Division of Fisheries and Wildlife (see back) (b) the breaching of dams, dikes, bogs or berms, so-called* —(c) employing any non -lethal management or water -flow devices* *If the permittee chooses option(s) b and/or c, he/she must appear before the local conservation commission to obtain an emergency certification regarding specifications for breach size and/or water - flow device installation in accordance to-M.G.L. c. 131, s. 40 (Wetlands Protection Act). The Board of Health has determined that said beaver or muskrat problem poses a threat to public health and safety as stated in M.�(G. c.131, s.80A. Specify' I- 00o -J �c1 �5 ��RV� j�Sl 6 Q 5 _ `70 4Jk-0 �'Jc�C ICS c� h. Board of Health Official Name: Board of Health Official Signaturet:+ _ Dat(_ f The above signature validates this permit for 10 consecutive days from the date shown for option (a) only. If the permittee chooses options (b) and/or (c), he/she must return to the Board of Health for a final signature after obtaining an emergency certification from the conservation commission. Please attach the emergency certification to this permit and return to the Board of Health for final approval. (See Back) This permit is valid for 10 consecutive days from the date of the final Board of Health signature. Board of Health Official Name: Board of Health Official Signature: Date: This permit does not allow permittee(s) or their authorized agent to trespass on private property. This permit or a copy thereof shall be carried on the person of any individual exercising the authority thereof and shall be shown upon request if challenged by any local or state law enforcement officer empowered to enforce the provisions of M.G.L. c. 131. Massachusetts Division of Fisheries and Wildlife trapping regulations Permittee(s) may destroy problem furbearing mammals (named above) by means of a body gripping trap or by means of a box or cage type trap including Hancock or Bailey traps for catching beaver. The pan of Hancock and Bailey traps must be submerged in water. Problem furbearing mammals that are captured alive shall be disposed of by destruction in a humane manner. Body gripping traps with a jaw spread not less than 4 inches and not greater than 7 inches or body gripping traps with a jaw spread not less than 6 inches and not exceeding 10 inches for the trapping of beaver only, may be used if such traps are completely submerged in water. The placement of traps in reference to the proximity of the beaver lodge or beaver dam is unrestricted, but the disturbance or destruction of the beaver lodge or beaver dam is strictly prohibited unless otherwise authorized. Permittee(s) taking problem furbearing mammals, on the property of another, by means of a trap shall possess a valid Massachusetts trapping license and traps shall be registered according to M.G.L. c. 131, s. 80. Said problem furbearing mammals (named above), their carcasses or parts thereof may be retained by the permittee, sold, bartered, or exchanged for consideration during the open regulated harvest season for that species. Sealing of beaver pelts is required. Disposition of all carcasses obtained from the incidental capture of furbearing mammals not authorized by this permit must be surrendered to the District Wildlife Manager of the Division of Fisheries and Wildlife having jurisdiction in the town where the furbearing mammal was taken. 4/4/2016 IMG 2095.J PG https:/Imail.google.com/mail/ca/u/O#Anbox/153elcda55e97bOe?projector=l 1/1 4. tln •'taw •+ F3-. ',e _ i�f, �k L 1 . ,�> �,i�1 . .. • G Ngo/ �e�'�• �•--^t'`. y � ����3 Fb � . it /fes i✓.." k 'Y �. � n' F i �i'"j � • r Y ° 5., . � ..'t °iA7 � �` �1'/ f ♦h at'". � a i•.' F a. ) n. � ! � �:i� �� 4 ,Jk i i ;'; 4A ♦... �. � t �' -f e ' , F a !f 'f �.•A it. 1 � 1, a * 1"may 4 a'' tl � > ' tir •t' } �' e, hlr°�'.. '�- � ° :tri. , tr ., -/ t 6 ""`. �. A+.4' Y� ?. d �/ ,t tt♦ I f,x.i L '' `H k i r l 14 f ♦ a.�rldr ,. _., f & r�• `. 3 `.§ ., s t� # '' «q.s.�r r` r S,. `. 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L�G1A���..��..� 4. l�,'1'..m. nt. �v �I.. �. +`kik.'., ��d � •.k h.�wela�d https:Hmail.google.com/mail/ca/u/O/Mnbox/153eleda55e97bOe?projector=1 1/1 4/4/2016 IMG 2097.JPG https:Hm ai I.google.com/mai I/ca/u/O/#i nbox/i 53el cda55e97bOe?projector=1 1/1 4/4/2016 IMG 2098.J PG https://mai I.google.com/mai I/ca/u/0/#i nbox/153el cda55e97bOe?projector=1 1/1 4/4/2016 IMG 2099.JPG https://m ai I.google.com/mai I/ca/u/0/#p nbox/l53e1 cda55eg7bOe?projector=1 1/1 4/5/2016 Town of North Andover Mail - I shared "Beaver Dam" with you in OneDrive No = wER t < G l hranm Michele rant northandoverma. ov> Massachq #ts . -. 9 @ 9 I shared "Beaver Dam" with you in OneDrive 1 message Marinete Henry <marinetehenry@msn.com> Tue, Apr 5, 2016 at 8:49 AM To: mgrant@northandoverma.gov Hi Michele and Jennifer, Thanks for your support in addressing the beaver problem on Boston Brook. I am sharing with you the pictures we took last Friday and the ones I took last evening. Thanks again, Marinete Henry Beaver Dam There are 12 photos in this folder. You can add this folder to your own OneDrive. Learn how. View in OneDrive https://mai l.google.com/mail/calul0/?ui=2&ik=d4458df3d9&view=pt&search=i nbox&th=153e678fc2bl4al4&sim l=153e678fc2b14a14 1/2 4/5/2016 Town of North Andover Mail - I shared "Beaver Dam" with you in OneDrive Free online storage for your files. Check it out. Get the OneDrive mobile app. Microsoft respects your privacy. To learn more, please read our Privacy Statement. Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052 https://mai l.google.com/mail/calu/0/?ui=2&ik=d4458df3d9&view=pt&search=inbox&th=153e678fc2b14a14&si m 1= 153e678fc2b14a14 212 LANDOWNER CONSENT FORM Consent Form I give permission for to access my property for the purpose of alleviating a threat to public health and safety posed by beaver or muskrat, as determined by the Board of Health. Signature of Property Owner Address Daytime Tel. # Consent Form Date Evening Tel. # I give permission for to access my property for the purpose of alleviating a threat to public health and safety posed by beaver or muskrat, as determined by the Board of Health. Signature of Property Owner Address Daytime Tel. # Consent Form Date Evening Tel. # I give permission for to access my property for the purpose of alleviating a threat to public health and safety posed by beaver or muskrat, as determined by the Board of Health. Signature of Property Owner Address Date Daytime Tel. # Evening Tel. #