Loading...
HomeMy WebLinkAboutMiscellaneous - 280 DALE STREET 4/30/2018C. m m m 8 --q . � I 11000, 1-/ E Town of North Andover Office of the Conservation Department Community Development and Se es Division rvic 27 Owles Street North. Andover, Massachusetts 01845 0 Conservation Administrator March 6, 2003 David Rand. A0 Dale Street North Andover, MA 01845 RE: Emergency Certification Beaver dam along Mosquito Brook upgradient Chestnut St Dear Mr. Rand: Tel hone (978) 688-9530 FZ(P978) 688-9542 Enclosed is an Emergency Certification Form issued by the North Andover Conservation Department (NACC) permitting the limited breaching of a beaver dam located along Mosquito Brook, downgradient jasmine Plaza and upgradient the brook crossing at Chestnut Street. Beavers have caused flooding along this stretch of the Brook and breaching activities have been conducted in the past. Upon a site inspection conducted by this Department, it was observed that a significant amount of water is being retained by the dam and is contributing to the upgradient flooding which is further exacerbated by a blocked culvert under Route 114. Please be aware that the Emergency Certifications issued by the North Andover Conser'vation Department and the North Andover Board of Health may only be a short term solution for the release of water. Limited breaching of the dam, as conditioned in the attached permit, must be carefully conducted so as to prevent downstream flooding; impacts to the wildlife habitat located upstream and downstream, including the created beaver habitat; and changes to the hydrology of the wetland resource area - Please feel free to contact me if you have any questions. Sincerely, Parrino, Cl"5Knservation Administrator cc: NACC Board of Health DEP DF&W BOARD O.F APPEALS 688-9541 BLTILDING688-9545 CONSERVATION 6.88,9530 HEALTH688-9540 PLANNING688-9535 SPECIAL CONDITIONS 1. Limited breaching of a beaver dam by hand. No mechanical machinery is allowed for the breaching activities. 2. Breaching must be limited to no greater than.3 feet in length and no greater than 1 foot in height and should be conducted over a period of several days. 3. 4. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Emergency Information Important: When filling out Issuance From: forms on the North Andover Conservation Commission computer, use Issuing Authorily only the tab key to move 1 Reason for Emergency: your cursor - do not use the Limited breaching of a beaver dam in Mosquito Brook upgradient of Chestnut Street to alleviate return key. upstream flooding and to allow future cleaning of a blocked culvert. 2. Public agency to perform work or public agency ordering the work to be performed: Issued to David Rand from the North Andover Conservation Commission 3. Date of Site Visit: Start Date: End Date*: 3/18/03 3/18/03 3/27/03 * no later #m 30 days ftm staft date or 60 days in the case of an Immediate Response Acdon approwd by DEP to address an oiltozardous material release. 4. Work to be allowed*: Breaching of a section of a beaver dam located along Mosquito Brook. Breaching must be limfted to a length of 3 feet and a height of no more than I foot and must be conducted slowly. * fWay not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Em9fgenc ,4 by this Issuing Authority. 7' A copy of this form must be provided to the appropriate DEP Regional Office.. WRA Frnp.rnpn�v (-POifirAtinn Pane. 1 of �> Massachuse tts Department of Environmental. Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or.local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. 5. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to. enter and inspect the area subject to this Emergency- Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall �pply to any contractor or any.other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without extension by the Issuing Authority. D. Special Conditions See attached E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification', or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was impropedy granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Fmempnrw C-erfifirAtinn P... 9 of 2 Town of North Andover Office of the Director Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 William J Scott Division Director February 22, 2001 MEMORANDUM T 0: Sandra Starr, Heath Director J/ Brian LaGrasse, Conservation Administrator Telephone (978) 688-9531 Fax (978) 688-9542 k_pFR: Donna Mae D'Agata, Administrative Assistant to the CDS Director RE: David Rand 280 Dale Street North Andover, MA 01845 Tel. 688-7503 DATE: February 22, 2001 10:30A.M. Mr. Rand called the Director's Office today regarding an issue with beavers. He contends that for the last five years had has been permitted by the Dept. of Wildlife to remove beavers. He now needs a permit renewal. New guidelines have been set. He asked if William Scott looked at the new law, and if Mr. Scott can make a determination. He contends he contacted Brian LaGrasse and Sandra Starr. Brian referred him to the State and the State referred him to the Health Department. He contends he attended the ConComm meeting last evening. He states he filed a renewal permit with the Board of Health and has heard nothing. He states he needs to obtain an emergency permit before the ice goes out, he has to remove the dams nightly. Without a permit he is subject to a $10,000 fine. He asked to be placed on the BOH agenda for this evening. He asked if he could speak at the meeting. I called Gayton Osgood and told him that Mr. Rand hoped to attend the meeting and would like to speak. Mr. Osgood told me to tell Mr. Rand to attend the meeting at DPW at 7:00 PM this evening. I informed Mr. Rand that he could meet with the Health Director and the Conservation Administrator together in one meeting to assist with all issues. Mr. Rand would like a meeting with both Brian LaGrasse and Sandra Starr. Please contact him at the above -referenced number to arrange for the meeting. After meeting with Mr. Rand, please provide me with your determination in order to close this file. Cc: William J. Scott, Director BOARD OF APPEALS 688-9541 BLJILDING688-9545 CONSERVATION 688-9530 HEALTH688-9540 PLANNING 688-9535 To: North Andover Board of Health Application for an Emergency Permit for Trapping David C. Rand John A. Benedetto, State Licensed & 280 Dale Street Registered Trapper No. Andover P.O. Box 60 Tel 978-688-7503 Wakefield, MA Tel. 781-246-2884 I would like to apply for a special permit under Fisheries and Wildlife Regulations 321 CMR 2.08. The reason for this permit is to allow me and Mr. Benedetto, a licensed trapper, to help contain the problem of flooding on my property,'which is being caused by beavers. If not kept in check, my septic system will flo6d over. At present time I have a permit, #D0600NED, issued on March 15, 2000 by the Division of Wildlife. David C. Rad Town of North Andover ot 40RTN 14 OFFICE OF 16 COMMUNITY DEVELOPMENT AND SERVICES -4 0 146 Main Stxvd KENNETH IL MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 MEMORANDUM DATE: June 28, 1995 TO: Conservation Commission FROM: Sandra Starr, Health Admirh*`str'atd*r�'-"'- --j RE: David Rand's Property on Dale Street Last week in the company of Mike Howard I inspected Mr. Rand's property on Dale Street to determine -whether his septic system is in failure. Mr. Rand maintains that dams built by beavers in the wetlands behind his property have caused the groundwater to rise and infiltrate his septic system leaching area, causing it to fail. The inspection showed that his septic system has, indeed, failed, and the cause is very probably groundwater infiltration. However, I believe that the excess -,roundwater comes from the hi -,her area across the street which was developed as residential housing, some years ago. It could, I suppose, be possible that the beaver dams are blocking channels which were used at some point as paths by the runoff, but I would be surprised if this were the case. BOARD OF APPEALS 688-9541 BUILDING 689-9545 CONSERVATION 689-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robot Nioetta Iviichad Howard Sandra Starr Kathleen Bradley Colwell 0 (1) 4-J 2 k V) Ul) 0 inn cl 0 CL) 4-J (a m c 0 Id 41 I.- ro CL W C) .0 V) V� E E 0 L) c .2 4- C: 0 '0 o E a t 41 I.- ro CL W C) .0 V) V� E E 0 L) c .2 4- C: 0 '0 \ f Town of North Andover Of kORTiq OFFICE OF 0 o COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R- MAHONY North Andover, Massachusetts 0 1845 HUS Director (508) 688-9533 June '30, 1995 Mr. Eric Amati Division of Fisheries & Wildlife P.O. Box 2086 Acton, MA 0 1720 RE: Beaver Darns(s) and Abutter Concerns in North Andover. Dear Eric: In an attempt to document activities pertaining to the above related matter, I am forwarding to you correspondence from the Department of Public Works (dated 6/29/95) and the North Andover Board of Health (dated 6/28/95) clarifying actions taken by each respective Department in response to public concerns (complaints have rancred from simple aesthetics to failed septic systems and damaged property). I personally inspected the work being carried out by DPW personnel to insure compliance. As you are aware, any work performed within a wetland resource area falls under the jurisdiction of the Conservation Commission. The following residents appeared before the North Andover Conservation Commission (NACC) on June 7, 1995: As we discussed, the permit for the destruction of the dams would be "pulled" from the Town of North Andover in response to the above mentioned illegal actions taken by an unknown party. DPW and the NACC with the Division of Fisheries and Wildlife are in agreement that this is an appropriate response. I would like to apologize for the resident who may have damaged the darn in excess of what the permit allowed and the potential poaching of the beavers. There is an appropriate response for every action; these actions were inappropriate and are certainly not condoned by the NACC. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 6M9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D- Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley ColweU On June 21, 1995, the Board of Health Agent, Sandra Starr, accompanied me to Mr. David Rand's property located at 9280 Dale Street in response to a complaint that his septic system had failed. Mr. Rand believes that the water table has risen as a direct result of the beaver and subsequently his leach field has been infiltrated. The Board of Health Agent confirmed that the system had indeed failed (refer to enclosed correspondence). However, I am of the opinion that. the system has failed because of runoff from an upland area across Dale Street referred to as Bear Iffill Subdivision. I base this opinion on existing topography and the presence of drainage pipes running from Dale Street to the rear of Mr. Rand's property. I would only be convinced that beaver activities are altering the underlying water table if a hydrogeologist or another competent professional performed a study verifying field conditions. Furthermore, I do not believe beavers are the problem for those properties across from Mr. Rand's (#299 and 4311); 1 am convinced that the problem has arisen from development of Bear I -Ell Subdivision. At this time, Mrs. Rice (# 96 Castlemere) appears to be satisfied with the response of the Division and the NACC. Mr. Follansbee (Carriage Chase Road) has an outstanding Enforcement Order recorded against his property for the pond along the rear portion of his property which was illegally excavated in a wet meadow. The NACC is currently awaiting a wildlife habitat study and wetland restoration plan from Mr. Follansbee's consultant; he offers no comments with regards to the beavers at this time. The NACC remains committed to the residents of North Andover and will continue to respond to all complaints under the guise of the Massachusetts Wetlands Protection Act and the guidelines set forth by the Division of Fisheries and Wildlife. No further action will take place with regards to the beaver structures and all additional abutter complaints will be forwarded to the Division. As the Conservation Agent, I am in agreement that the wetland resource area provides viable wildlife habitat and has certainly been enhanced directly from beaver activity. If it is the opinion of the Division of Fisheries and Wildlife that Mr. Rand's septic system has failed as a direct result of beaver activity, than it becomes vitally important that we work quickly to resolve this problem and preserve the integrity of the watershed. Insuring a safe drinking water supply requires no Z - further comment. Please do not hesitate to contact this Department should clarification of the above mentioned issues be required. Full cooperation will be provided by the NACC, DPW and BOH. Thankinor you in advance. C, Sincerely, Michael D. Howar Natural Resource/Land Use Planner cc: DPW,BOH,NACC Town of North Andover 40RTN .1 OFFICE OF 16 COMMUNITY DEVELOPMENT AND SERVICES 4L 146 Main Street KENNETH R. MAHONY North Andover, 'Massachusetts 0 1845 S34 "US Director (508) 688-9533 MEMORANDUM DATE: June 28, 1995 TO: Conservation Commission FROM: Sandra Starr, Health Admini/stratdr- I.` RE: David Rand's Property on Dale Street Last week in the company of Mike Howard I inspected Mr. Rand's property on Dale Street to determine whether his septic system is in failure. Mr. Rand maintains that dams built by beavers in the wetlands behind his property have caused the -groundwater to rise and infiltrate his septic system leaching area, causing it to fail. The inspection showed that his septic system has, indeed, failed, and the cause is very probably groundwater infiltration. However, I believe that the excess -,round-water comes from the hioher area across the street which was developed as residential housing some years acro. It could, I suppose, be possible that the beaver dams are blocking channels which were used at some point as paths by the runoff, but I would be surprised if this were the case. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Niceaa Michael Howard Sandra Staff Kathleen Bradley Colwell r. W GEORGE PERNA DIRECTOR Memorandum To: From: Re: TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STI REET, 01845 Telephone (508) 685-0950 Fax (508) 688-9573 OR 1W 4. June 29, 1995 Michael Howard, Conservation George Perna, Director Beaver Dam Permits This letter is to formally inform you and your Department that a problem has arisen with the Beaver Dam on Adam Oates property. As you are aware there has been several complaints from abutter that damage has occurred to their property from water retained because of newly built Beaver Dams. I have reviewed the site with Erick Amati of the Division of Fisheries & Wildlife. He authorized me by permits (attached) to remove one dam completely and a small portion (16" X 24") of the up stream dam. These permits were valid from May 28 to July 28, 1995. On May 29-30-31 and June 1-2-5-6, DPW personnel removed daily the appropriate approved amount of the Beaver dam. On June 7, DPW personnel reported to me that more of the dam had been removed than they had done the day bef ore. Also on that day an abutter or passerby told DPW personnel that there were gun shots heard the night before. Since the June 8th even more of the dam has been removed by unknown persons. Since June 14th, we have ceased to continue our review of the dam except for an occasional inspection. The DPW Department will not apply for other permits to breach those dams because of the potential liability. However, we will assist your department or the State Division of Fisheries in any way which is approved pending your or the states request for help (regarding installation of a beaver pipe). GP: jm Town of North Andover Of tkoRTN '44, OFFICE OF ,,1 0 0 COMMUNITY DEVELOPMENT AND SERVICES I..., I . :0 4L 0 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 0 1845 QA Director (508) 688-9533 MEMORANDUM DATE: June 1-8, 1995 TO: Conservation Commission FROM: Sandra Starr, Health Admin,i`siiW'r- X RE: David Rand's Property on Dale Street Last week in the company of Mike Howard I inspected Mr. Rand's property on Dale Street to determine whether his septic system is in failure. Mr. Rand maintains that dams built by beavers in the wetlands behind his property have caused the groundwater to rise and infiltrate his septic system leaching area, causing it to fall. The inspection showed that his septic system has, indeed, failed, and the cause is very probably groundwater infiltration. However, I believe that the excess arroundwater comes from the higher area across the street which was developed as residential housing some years ago. It could, I suppose, be possible that the beaver dams are blocking channels which were used at some point as paths by the runoff, but I would be surprised if this were the case. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALT`H 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Nfichael Howard Sandra Starr Kathleen Bradley Colwell WATERSHED RESIDENTS QUESTIONNAIRE .1. Name 2. Street Address 280 Dale Street 3. How many members are in your household? 4. What type of sewage disposal system do you have? El cesspool X septic tank and leaching area D connection to municipal sewer F-1 other (describe) F] do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? X yes El no El do not know 6. How old is your sewage disposal system? 0 0-5years El 6-10 years El 11-20 years CK over 20 years. F] do not know 7. Has your sewage disposal system been rebuilt or repaired? El - yes CK no El do not know If yes, a proximately how Ion ago? years. What was done? p 9 8. How frequently is your sewage disposal system pumped out? El annually every 2-4 years El every 5-10 years El over 10 years El never 9. Have you had any,problems with your sewage disposal system ? 0 yes El no If yes, what problems? (SEE ATTACHED SHEET) El repeated pump -outs needed El system clogs, backs up, or drains slowly F� odors El sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine X dishwasher garbage disposal dehumidifier drain sump pump toilet x roof/pavement drains shower/bathtub X 11. Please state the brand and type (liquid or powder) of detergent you use for: dishwasher clotheswasher All i nii i ci 12, Does your property have a lawn? X yes El n o If yes, approximately what size? El less than 1/4 acre El 1/4 acre El 1/2 acre X 3/4 acre El 1 acre 0 more than 1 acre (Specify) acres 13. How often do you fertilize your lawn? WE DO NOT FERTILIZE. No. of applications per year Se,ason(s) of the year 14. Please state the brand and type (liquid or granular) of lawn fertilizer you u . se: El Check here if your lawn is maintained by a professional landscape contractor. ard and ago I came before your bo Approximately one year that we have on our property. The �TION 9. explained the problem by the resurfacing of Dale Street in problem was caused sed and a crown was road was rai of our home. The roperty. front to run onto our P he water put in, which causes t property next to Ours, t in front of the low onto our A berm was Pu from that area also to f causing water property. Ts I have repeatedly made complaints ion, and For the past three yea The conservation CommIss to the Planning Board, Finally, after no response, we to the Board of Health. on to correct this problem taking legal act' are David C. Rand 321 CMR: DIVISION OF FISHERIES AND WILDLIFE 321 CMR ' 2.00: MISCELLANEOUS REGULATIONS RELATING TO FISHERIES AND WILDLIFE.,, 321 CMR 2.08: USE OF CERTAIN TRAPS FOR THE TAKING OF FUR -BEARING MAMMALS. (1) Definitions: for the purposes of 321 CMR 2.08, the following words and phrases have the following meanings: Aariculture or agricultural sem u - eans farming or agriculture as defined in G.L. c. 111, § 1. Ca means a trap that confines the whole animal without grasping any Ae or box t�be traR part of the animal. Conibear trap means ConibearO'brand traps, whether or not enclosed in or comprising part of a box, tube, or otAornoclosing device. Director means the Dire f the Division of Fisheries and Wildlife, as provided for in G.L. c. 21, § 7G�. Division means the Division of Fisheries and Wildlife within the Department of Fisheries, Wildlife and Environmental Law Enforcement, as provided for in G.L. c. 21A, § 8. Federal der)artment of 12ublic,healLh means the United States Public Health Service. Fur-bearina ma.mmals, means all mammals in the Class Mammalia, as defined in G.L. c. 131, § 1. Municipal Board of Health means a board of health as defined in G.L. c. 111, § 1. Municipal Conservation Commission means a conservation commission as provided for in G.L. c. 40,,,'§ 8C, provided that, if a town or city does not have a conservation commission, thqj�,authority thereof shall be exercised by the board of selectmen in a town or the mayor in"a city. Permissible traD's' means cage or box type traps, common type mouse and rat traps, and net traps. Prohibited t �ps Lans. all'traps used for the capture of fu' r -bearing mammals except cage or box type traps, common type mouse and rat traps, and net traps. Restricted traps means Conibear@ brand traps. (2) Use of certain traps 12rohibited. Except as provided in G.L. C. 131, § 80A, and 321 CMR 2.08, a person shall not use, set, place, maintain, or possess for the purpose of capturing fur -bearing mammals, any prohibited trap in any wood, field, or waters of Massachusetts or in any other place where fur -bearing mammals may be found. - ' (3) Health and safety excel2tions. Notwithstanding the provisions of 321 CMR 2.08(2), the Department of Public Health, the federal department of public health, or a municipal board of health may use prohibited traps for the purpose of protection from threats to human health and safety. (4) Criteria for determining - threats to human health and safety, A threat to human health and safety shall include, but not be limited to, one or more of the following situations: (a) beaver or muskrat occupancy of a public water supply; *(b) beaver or muskrat -caused flooding of drinking water wells, wellfields, or water pumping stations; (c) beaver or muskrat -caused flooding of sewage beds, septic systems, or sewage pumping stations; (d) beaver or muskrat -caused flooding of a public or private way, driveway, railway, or airport runway or taxiway; (e) beaver or muskrat -caused flooding of electrical or gas generation plants or transmission or distribution structures or facilities, telephone -or other communications facilities,,or other public utilities; (f) beaver or muskrat -caused flooding affecting the public use of hospitals, emergency clinics, nursing homes, homes for the elderly, or fire stations; (g) beaver or muskrat -caused flooding affecting hazardous waste sites or facilities, incineration or resource recovery plants, or other structures or facilities whereby flooding may repult in the release or escape of hazardous or noxious materials or substances; (h) the gnawing, chewing, entering, or damage to electrical or gas generating or transmission equipment, cables, alarm systems, or facilities by any beaver or muskrat; (i) beaver or muskrat -caused flooding or structural instability on property owned by the applicant if such animal problem poses an imminent threat of substantial property damage orirlitome loss, which shall be limited to: 1. flooding of residential, commercial, industrial or comm ercial buildings or facilities; 2. flooding of or access to commercial agricultural lands which prevents normal agricultural practices from being conducted onsuch lands; 3. reduction in the production of an agricultural crop caused by flooding or compromised *" structural stability -of commercial agricultural lands; 4. flooding of residential lands in which the municipal board of health, its chair or agent or the state or federal department of health has determined a threat to human health and safety exists. (5) Sgecial permits to use restricted traps or other means of relief A person or his duly authorized agent may apply for a permit to use restricted traps or other means of relief, as follows: (a) to a municipal board of health, in situations involving a threat to human health and safety, in accordance with 321 CIVIR 2.08(6) through (15); (b) to the director, in situations not involving a threat to human health and safety, in accordance with 321 CIVIR 2.08(16) through (19). (6) Emergengy Dermit to use restricted tral2s, breaching of water impedance structures, or water flow control devices. An applicant or his duly authorized agent may apply to a municipal board of health for an emergency permit to immediately alleviate a threat to human health and safety pursuant to 321 CIVIR 2.08(4), on property owned, leased, or lawfully occupied by the applicant. (7) Authorizations under an emergency permit Such emergency permit shall authorize the applicant or his duly authorized agent, as named in the permit, to immediately remedy the threat to human health and safety, by one or more of the following options, for a period not to exceed 10 consecutive days: (a) the use of restricted traps or permissible traps, subject to the provisions of 321 CIVIR 2.08(21); (b ) the breaching of dams, dikes, bogs or berms, so-called, subject to the determinations and conditions of municipal conservation commissions . pursuant to provisions of G.L. c. 131, § 40; (c) the employment of any non -lethal management control devices or water flow control devices, subject to the determinations. and conditions of municipal conservation commissions pursuant to provisions of G.L. c. 131, § 40. (8) Determination of threat to human health and safety and issuance of emergency Dermit. A municipal board of h�alth shall, after receipt of an application for an emergency permit pursuant to 321 CIVIR 08(6), and after making a determination that such threat exists, and subject to the provisions of 321 CIVIR 2.08(7)(b) and (c), immediately issue said emergency permit for a period not to exceed 10 consecutive days. (9) Exception to determination o f threat to human health and safety. Notwithstanding the provisions of 321 CIVIR 2.08(8), the department of environmental protection shall make any determination of a threatJ public water supply, pursuant to 321 CIVIR 2.08(4)(a). The municipal board of health shall receive such determination from the department of environmental protection prior to issuing an emergency permit for such public water supply. (10) Denial of aIDDlication for an emergency permit to use restricted traps. If an application for such emergency permit. is denied, an applicant may: (a) appeal to the department of public health, if the denial involves a determination as to the existence of a bona -fide threat to, human health and safety. If such alleged threat involves a public water supply, the department of public heafth, shall consult with the department of environmental protection prior to rending a decision on the appeal. (b) if the department of public health determines that a bona -fide threat to public health and safety exists, it shall, subject to the provisions of 321 CIVIR 2.08(7)(b) and (c), immediately issue said emergency permit for a period not to exist 10 consecutive days. (c) appeal to the director, if the municipal board of health determines that a bona - fide threat to human health and safety exists, but the board's denial involves a question as to whether the threat is caused by the activities of beaver or muskrat. (d) if the director determines that such threat to human health and safety is caused by the activities of beaver or muskrat, he shall render such decision to the municipal board of health, which shall, subject to the provisions of 321 CIVIR 2.08(7)(b) and (c), immediately issue said emergency permit for a period not to exceed 10 consecutive days. (12) Extension of existing emergency permit. In the even t that a I threat to human health and safety, as specified in an emergency permit issued pursuant to 321 CIVIR 2.08(8), has not been abated or alleviated within the authorized 10 day period, the applicant or his duly authorized agent, with the concurrence of the municipal board of health, may apply to the director for an extension to such permit for a period not to exceed 30 consecutive days. If the director determines that a bona -fide threat to human health and safety exists, as advised by the municipal board of health, the department of public health, or the department of environmental protection, as the case may be, he shall immediately issue such extension permit for a period not to exceed 30 calendar days. (13) Development of alternative, non -lethal abatement plans If the director determines that a extension to an emergency permit should be issued, he shall, within 30 days of -such decision, develop an alternative, non -lethal abatement plan to address the beaver or muskrat problem which instigated the issuance of the permit. Such plan shall: (a) be developed with the participation and assistance of the applicant, his duly authorized agent, the municipal board of health, and the municipal conservation commission as required pursuant to G.L. c. 131, § 40; and (b) describe me sures which may be employed to address said beaver or muskrat problem, using barrierT fencing, or other alternative non -lethal management techniques, water flow control devices, if appropriate to the situation, subject to the determinations and conditions of municipal conservation commissions pursuant to G.L. c. 131, § 40, and, if necessary, continued use of permissible traps to provide a long-term solution. (c) The director shall, after development of such a plan, provide'such reasonable technical advice, assistance, and support as shall be necessary for the applicant or his agent to implement the Odrnative, non -lethal abatement plan. (14) Additional emergengy permits. Notwithstanding the provisions of 321 CMR 2.08(6) through (13), an applicant orbis duly authorized agent may apply to a municipal board of health for additional emergency permits, provided: (a) the applicant states in writing that there exists on property owned, leased or lawfully occupied by him a beaver or muskrat p roblem which the applicant or his authorized agent has: 1. attempted to address using alternative, non -lethal management techniques or permissible traps, and the problem cannot reasonably be abated by the continued use of such alternative, non -lethal. management techniques or permissible traps; or 2. the applicant has applied for and is awaiting an extension emergency permit pursuant to 321 CIVIR 2.08(12). (b) an applicant or his duly authorized agent, in the case of application for an additional emergency permit pursuant to 321 CIVIR 2.08(14)(a)l., shall be eligible for only two such additional emergency permits, in accordance with 321 CIVIR 2.08(15). (15) Authorizations under an additional emergency permit. An additional emergency permit shall be authorized and valid as follows: (a) application shall be made in the same manner as provided for in 321 CIVIR 2.08(6),(8) and (9); (b) the first such permit shall authorize the applicant or his duly authorized agent, as named in the permit, to use any or all of the measures specified in 321 CIVIR 2.08(7). Said additional emergency permit shall be valid for a period of 10 consecutive days; (c) if the director has not approved an extension emergency permit within the 10 day period provided in 321 CMR 2.08(15), the applicant or his duly authorized agent may apply for a second additional emergency permit. Such second additional emergency permit shall authorize the applicant or his duly authorized agent, as named in the permit, to use only those measures proved for in 321 CMR 2.08(7)(b) and (c). Such additional emergency permit shall be valid for a period not to exceed 10 consecutive days, or until the date on which the director renders his decision regarding the applicant's extension emergency permit, whichever period is shorter. (16) Non -emergency perm it to use restricted traps in situations not involving threats to human health and safety. The director may authorize an applicant or his duly authorized agent, as named in the permit, to u ' se restricted traps to abate animal problems on property owned by the applicant, in accord ance-vith 321 CMR 2.08(17) through (19)., (17) Application proc�dure for obtaining non -emergency permit to use restricted traps. rhe applicant shall a*ly to the director in w riting and the application shall contain the following information: (a) name, address, and telephone number of the applicant where the applicant may be reached between the hours of 9:00 A.M. and 5:00 P.M. and name of corporation or business represented by the applicant, if any; (b) n6me, address, and telephone number of the property owner or lessee, if different; (c) a statement by the applicant that there exists on property owned or leased by him, or on which the applicant intends to act as agent for the owner or lessee, a problem caused by fur -bearing mammals which cannot reasonably be abated by the use of permissible traps; (d) a statement by the applicant that he, or tl�� owner or lessee, has attempted to abate the problem using permissible traps and has failed to make such abatement; (e) description of the type of damage caused by fu.r-bearing mammals, and the kind of mammal; (f) street address or geographical location where the mammal damage is occurring; (g) trap registration number of the applicant, if required pursuant -to G.L. c. 131, § 80; (h) the date the application. was executed; (i) the applicants signature, executed under the pains and penalties of perjury; and the signature of the property owner or lessee, if different, executed under the pains and penalties of perjury. (18) Review and approval Procedure for obtaining special permit. When the director receives an application for a non -emergency permit to use a restricted trap, as provided for in 321 CMR 2.08(17), he shall: (a) review the application and the type and circumstances of the ma mmal problem described therein and may, at his discretion, additionally cause a field inspection to be made of the situation; and shall further, if he determines that the circumstances warrant issuance of such. permit, (b) cause the applicant to demonstrate that he has used permissible traps for a period of at least 15 consecutive days, and that usage of such traps has failed to abate the mammal problem, and a signed statement by the applicant, signed under the pains and penalties of perjury, shall be accepted by the director as sufficient evidence of such permissible trap usage; and shall further, if he determines that the circumstances warrant issuance of such permit, (c) cause the applicant to demonstrate that he has attempted to resolve the mammal problem with alternative, non -lethal management techniques, including, where appropriate, flow devices, exclosures, barriers, or harassment-, and that usage of such alternativp ., non -lethal techniques has failed to abate the problem, and a signed statement by the applicant, signed. under the pains and penalties of perjury, shall be accepted by the director as sufficient evidence of such usage of alternative, ndn-lethal techniques; and (d) when the applicant has complied with 321 CIVIR 2.08(18)(a) through (c), to the satisfaction of Jhe director, the director may authorize in writing the use, setting, placing, tendind) and maintenance of restricted traps, of such number and type as he shall determine, and subject to the provisions of 321 CIVIR 2.08(21), for a period not to exceed 30 consecutive days at the address or location specified in the application by the named applicant. (e) At the conclusion of the 30 day period, the applicant shall make a report in writing to the director, and shall state the number of days and/or trap -nights during which restricted tf s were used, the success or failure of trap usage, and the number and kind offur-bearing mammals trapped, if any, their disposition, and a . ny other information as shall have been required by the director in the permit. (f) If the applicant was- unsuccessful in abating the mammal problem in accordance with such non -emergency permit, the appl icant.may reapply and shall again comply with provisions of 321 CIVIR 2.08(18)(a) throu'gh (c). (19) Procedure for reviewing comi?laints of damage by.fur-bearing mammals. Ifareport is received by the division of.damage by or problems with b6aVer, muskrat, or other fur - bearing mammals: (a) the circumstances of the complaint shall ascertained; and (b) if the complaint or problem is alleged to pose a threat to human health and safety as provided for in 321 CIVIR 2.08(4), the complainant shall be referred to the municipal board of health in the city or town in which the problem occurs, or, if on federal property, to the federal department of public health; or (c) if the complaint or problem is alleged not to pose a threat to human health and safety, as provided for in 321 CIVIR 2.08(4), the division may record the complaint data and may thereafter provide technical information, conduct a site visit, issue a dam -breaching permit pursuant to 321 CIVIR 2.02(6) subject to the determinations and conditions of municipal conservation commissions pursuant to provisions of G.L. c. 131, § 40, refer the complainant to a licensed hunter or trapper for harvest using firearms or permissible traps during the lawful open season, refer the complainant to a licensed problem animal control agent for taking with firearms or permissible traps, issue a permit to the applicant or a duly authorized agent to control the animal out of season using firearms, advise the complainant of the process for obtaining a non -emergency permit to use restricted traps as provided for in 321 CIVIR 2.08(17) and (18), or take such other actions or provide such advice as is deemed appropriate to the situation. (20) Denial of non -emergency l2ermit to use restricted traps. Where not repugn ant to provisions of G.L. c. 30A, the procedure for appealing the denial of a non -emergency permit to use restricted traps shall be as provided in 321 CIVIR 2.02(l 1). (21) Use of traps and firearms. Traps and firearms maybe used, set, placed, maintained, tended, or possessed for the capture of fur -bearing mammals in accordance with G*.L. c. 131, §§ 4, 5, and 37, and 321 CIVIR 2.14 and 3.02(5), provided that a person lawfully using traps pursuant to permits issued under provisions of 321 CIVIR 2.08 shall: (a) register all traps used, placed,,:set, maintained, possessed o I r tended on land of another, in accordance with provisions of G.L. c. 131, § 80. (b) use restricted traps only when set in such a manner that the trap is completely submerged in water, rovided that such traps may additionally be set inside a building owned, leased or occitied by the applicant or by such person for which the applicant is acting as agent. Such traps shall h ave a maximum jaw spread when set not exceeding 10 inches. When such traps are set inside a building, such traps must have two functioning springs. (c) use permissible traps only when in conformance with the provisions of 321 CM'R 2.14(24) and 3.02(5)(c), unless otherwise allowed by law. (d) for the purposes of 321 CIVIR 2.08, determine the jaw spread of a trap by measuring midwayacrossthe openjaws at right angles to the hinges.between the extreme outside edges; and all persons subject to c. 131 shall (e) use firearms only when in conformance with the provisions of 321 CIVIR 2.14(24)(f) and 3. 00, and G. L. c. 140, unless otherWis6 allowed by law. (22) Use of certa in alternative management technigues. Notwithstanding the provisions of G.L. c. 131, § 80A and 321 CMR 2.08, a person not wishing to obtain an emergency or non -emergency permit to use restricted traps pursuant to 321 CIVIR 2.08 shall not otherwise be required to obtain a permit to use certain alternative, non -lethal management techniques forthe abatement or' alleviation of problems caused by fur -bearing mammals, including, but not restricted to, barriers, exclosures, repellents registered and applied consistent with provisions of G.L. c. 131, § 43, and c. 13213, harassment, and similar techniques not otherwise repugnant to law, and subject to the determinations and conditions of municipal conservation commissions pursuant to provisions of G.L. c. 131, § 40, and the determinations and conditions of the division pursuant to 321 CIVIR 2.02(6). (23) Agents. Licensed trappers, including licensed problem animal control agents, may act as agent for an applicant pursuant to 321 CIVIR 2.08, provided that such agent shall comply with the trapper training provisions of 321 CIVIR 2.14(24-)(b) and (26), and 3.02(5)(c) and (f), and such other provisions of 321 CIVIR as shall be applicable. (24) Incidental Capture. Any person taking a fur -bearing mammal or any other vertebrate animal under provisions of a permit.issued pursuant to 321 CIVIR 2.08 shall, if the animal is killed in the trap, surrender the entire carcass of such animal within 48 hours to the Division, p r rovided that if the animal is a beaver or a muskrat, or such other fur -bearing mammal as shall be specifically named in the permit as causing a threat to human health and safety, the perTnittee may retain the animal subject to relevant provisions of 321 CIVIR and G.L. c. 131. If an animal other than a beaver, a muskrat, or other fur -bearing mammal as shall be specifically named in the permit is taken alive in a trap, such animal shall immediately be released at the site of capture. (25) Valid ity of perm its. Except where a shorter tim e period is specified in G. L. c. 13 1, § 80A and 321 CMR 2.08, all permits issued pursuant to 321 CIVIR 2.08 shall be issued and may be reapplied for, consistent with provisions of G.L. c. 131, § 32. Regulatory Authority: �G.L. c. 131, § §OA. 321 CMR: DIVISION OF FISHERIES AND WILDLIFE 321 CMR 2.00: MISCELLANEOUS REGULATIONS RELATING TO FISHERIES AND WILDLIFE 321 CMR 2.14: PROBLEM ANIMAL CONTROL 321 CMR 2.14(23) is amended by adding a new division (g) as follows: (g) Notwithstanding the provisions of 321 CMR 2.14(23)(a), a permittee may control beaver when such permittee is acting as a duly authorized agent pursuant to 321 CMR 2.08, provided, that such permittee shall otherwise be in compliance with provisions of 321 CMR 2.08 and 2.14, including, but not limited to, the reporting and record-keeping requirements set forth in 321 CMR 2.14(30) and (31). 321 CMR 2.14(24)(c)2-. is amended by sfriking the entire subdivision 2. and . replacing it with, the following new subdivision: 2. Conibear@ traps, only in accordance with a permit issued pursuant to , 321 CMR 2.08, provided that such traps are used only in accordance with provisions of 321 CMR 2.08(21). 321 CMR: DIVISION OF FISHERIES AND WILDLIFE 321 CMR 3.00: HUNTING 321 CMR 3.02(5): HUNTING AND TRAPPING OF CERTAIN MAMMALS 321 CMR 3.02(5)(b)10. is hereby amended by replacing the words "November 15 to the following last day of February" with the words "November 1 to the following April 15". 321 CMR: DIVISION OF FISHERIES AND WILDLIFE 321 CMR 2.00: MISCELLANEOUS REGULATIONS RELATING TO FISHERIES AND WILDLIFE 321 CMR 2.15: IMPORTATION, LIBERATION, AND TRANSPORTATION OF FISH, AMPHIBIANS, REPTILES, BIRDS, AND MAMMALS 321 CMR 2.15(6) is amended by renumbering division (e) to (f), and inserting an new division (e) as follows: (e) Any person lawfully possessing an am phibian, reptile, bird, or mammal pursuant to any provision of G.L. c. 131,,orany rule or regulation promulgated under authority thereof, may transport said amphibia reptile, bird or mammal within Massachusetts for the purpose of euthanasia. '4 Regulatory Authority: G. L. c. 131, §§ 19A, I 9B WaYTIe E NfacCaliurn, Director BEAVER D.-LMAIODIFICATION PER�HT X -LVE: Dave Rand NO FEZ ADDRESS: 280 Dale Stree�: DATE: March 15, 2000 N. Andover, MA01845 PERVr;-",�t- D060 . ONED Jim Rice, Paul Stewart, N- --Agdnyor 110w, Norllih Andover Conservation Commission In accordance with ardpursuani toprp,�risiorzs contained in chaoter 131 of the jllfassachu��rrs Geeral Laws section 4 and 321 Code ofMassachuserts Regularion, the licensee (s) above-named may breach a secnon of rhel�.a�,-er dam of th efollo wing marimum dime7,sions and may mainrain that breach for the len -rh of the permit: Slow removal of a secTion =�er wide along the length of [he bea-ver Aam a= inchesftom the top of thx-r secfiorz oj7f—h—e beaver dam is permired and will be conducted ia a corrrolled �ranner to minimize a0wns�ream floodiii,­ and rapid wetland drainage. Other Conditions, To renove all beaver darns BELOW Mr. Stewkt's driveway for 100 yards,only. This will allow for an open waterway below Carriage Chase Rd. On theproTerry of.- Mr. Paul Stewart ----------------- Located at: Strearn BELOW Mr. Stewart's driveway "Off C� .-riage Chase Road. --:�O On rnlerse- side) 7717ispe=,it does not absolve the ' ve,7nirr6e(s) from comol.;ance in jull with any and all other , li , c--31e.federal, stare, and loce! TeOuire,-neTirs. Furher this permir does not eze=, r the pemirtee(s) from co - ��Rp (Wetlands PrOtec7ion Ac7 of Cor,: at m�z?liance with c�h.erprcvisions of 310 CMR jo.00 ery Commission is i`*jufre:i_ 7-nis peiwu'r or a copy thereof shadl be car, ied on theperson of any individual exercising the ailhorf - ty ihereof and shall be shown I�Oon request if challen -ed by an agent offhe Direcror or to arty officer empowered r�o enfo.-,-e the provisions of Chapter 131, U. G.L.- 0 - 7-nisPer-it is validjrom March 15, 2000 Wa- �77e�l Maccallurr -Director to November 15. 2000 sooner re-voked or amended. cc-- V�isrrL�I Wildlife Manager Div&on of Law Er;(orcemenf Boswn 007ce M-DFW Local Con. Comm - 5196 Division of Fisheries & Wildl�fe Field Headquarters, One Rabbit Hill Road, Westboro, MA OIE, An Agency of the Departme-It of Fishe_,es, WLkilife 31 (508) 366---,1470 En�rim=ental La— ElLforcernent WATERSHED RESIDENTS QUESTIONNAIRE 1. Name David C. RAnd 2. Street Address 280 Dale Street 3. How many members are in your household? .3 .4 What type of sewage disposal system do you have? El cesspool X septic tank and leaching area F-1 connection to municipal sewer El other (describe) El do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? 1, X yes El no El do not know 6. How old is your sewage disposal system? El 0-5years X over 20 years El do not know 7. Has your sewage disposal system been rebuilt or repaired? El yes X no F-1 do not know If yes, approximately how long ago? El 6-10 years El 11-20 years years. What was done? 8. How frequently is your sewage disposal system pumped out? El annually X every 2-4 years El every 5-10 years L1 over 10 years L1 never 9. Have you had any problems with your sewage disposal system? El yes El no If yes, what problems? (SEE ATTACHED SHEET) El repeated pump -outs needed 0 system clogs, backs up, or drains slowly El odors El sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher garbage disposal dehumidifier drain sump pump toilet roof/pavement drains shower/bathtub X 11. Please state the bra-nd and type (liquid or powder) of detergent you use for: dishwasher clotheswasher Al I liquid 12, Does your property have a lawn? If yes, approximately what size? El less than 1/4 acre I El 1/4 acre El more than 1 acre (Specify) - 13. How often do you fertilize your lawn? No. of applications per year Season(s) of the� year 9 yes El no El 1/2 acre X 3/4 acre El 1 acre acres WE DO NOT FERTILIZE. 14. Please state the brand and type (liquid or granular) of lawn fertilizer you u I se: El Check here if your lawn is maintained by a professional landscape contractor. C ne year ago I came before Your board and �TION 9. Approximately 0 on OUT property. The explained the problem that we have reet in problem was caused by the resurfacing of Dale St ome. The road was raised and a crown was front of our h to run onto our property. which causes the water put in,,, in front of the property next to Oursq A berm was put iso to flow onto our, from that area a causing water property� �repeatedly made complaints on, and e past.three years I have For th we nning Board, The conservation CoMmlss onse, to the Pla f Health. Finally, after no resp to the Board 0 on to correct this problem. are taking legal act' David C. Rand C 9 WATERSHED RESIDENTS QUESTIONNAIRE --A. Name na V jd__C,___R_aa_d__ 2. Street Address 280 Dale Street 3. How many members are in yo.ur household? What type of sewage disposal system do you have? El cesspool X septic tank and leaching area F-1 connection to municipal sewer 0 other (describe) F-1 do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? yes El no F-1 do not know 6. How old is your sewage disposal system? 0 0-5years El 6-10 years El 11-20 years X over 20 years. 0 do not know 7. Has your sewage disposal system been rebuilt or repaired? El yes no F-1 do not know 9 If yes, approximately how Ion ago? years. What was done? 8. How frequently is your sewage disposal system pumped out? 0 annually every 2-4 years El every 5-10 years El over 10 years El never 9. Have you had any problems with your sewage disposal system? El yes El no If yes, what problems? (SEE ATTACHED SHEET) El repeated pump -outs needed El systern clogs, backs up, or drains slowly F] odors El sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher garbage disposal dehumidifier drain sump pump toilet roof/pavement drains shower/bathtub 11. Please state the brand and type (liquid or powder) of detergent you use for: dishwasher clotheswasher All I inuid 12, Does your property have a lawn? yes no If yes, approximately what size? F less than 1/4 acre El 1/4 acre El 1/2 acre X '/4 acre acre El more than 1 acre (Specify),----- acres 13. How often do you fertilize your lawn? No. of applications per year Season(s) of the year WE DO NOT FERTILIZE. 14. Please state the brand and type (liquid or granular) of lawn fertilizer you u . se: El Check here if your lawn is maintained by a professional landscape contractor. �TION 9. imately one year ago came before your board and ApprOx that we have on our property. The explained the problem aused by the resurfacing of Dale Street "I problem was c s raised and a crown was front of our home. The road wa our property. put in which causes the water to run onto t in front of the property next to Ours, A berm was Pu from that area also to flow onto our. causing water property. three years I have -repeatedly made complaints For thepast n Commission, and to the Planning Board, The Conservatio h. Finally, after no response) we to the Board of Healt are taking legal action to correct this problem David C. Rand 0 BEAVER DAMAGE CONTROL 35 YEARS TRAPPING' EXPERIENCE - 10 YEARS STATE CER'rIFIED TRAPPER EDUCATION INSTRUCTOR - MULTIPLE STATE CERTIFIED., REGISTERED AND LICENSED - FULLY INSURED FOR ALL WORK. CERT. OF INSURANCE AVAILABLE. - FAST PROFESSIONAL AND EFFICIENT WORK - USING ONLY THE LATEST EQUIPMENT - LARGEST INVENTORY OF BEAVER TRAPS IN THE N.E. DISTRICT OF THE STATE CAPABLE OF COVERING MORE SITES EFFICIENTLY WITH PROFESSIONAL RESULTS. PROVIDE A COMPLETE LAYOUT OF PrlOBLEM SITES WITH AN ASSESSMENT OF RESULTS THAT SHOULD BE OBTAINABLE UNDER EXISTING CONDITIONS. - CAPABLE OF TRAPPING ONLY DAMAGE CAUSING BEAVER OR IF REQUESTED, CAPABLE OF TRAPPING ALL BEAVER FROM PROBLEM SITES. - TRAPS ARE NOT SET UNTIL A COMPLETE EVALUATION OF EACH SITE IS DONE. - FAIR AND REASONABLE PRICES FOR PROFESSIONAL WORK - YOUR ONE STOP FOR ANIMAL DAMAGE CONTROL TRAPPING - FOR FURTHER INFORMATION PLEASE CONTACT: JOHN A. BENEDETTO ANIMAL DAMAGE CONTROL P.O. BOX 60 WAKEFIELD, MA 01880 TEL: (781) 246-2884 FAX: (781) 245-5869 I GEORGE PERNA DIRECTOR Memorandum To: From: Re: TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 Michael Howard, Conservation George Perna, Director Beaver Dam Permits Telephone (508) 685-0950 Fax (508) 688-9573 June 29, 1995 This letter is to formally inform you and your Department that a problem has arisen with the Beaver Dam on Adam Oates property. As you are aware there has been several complaints from abutter that damage has occurred to their property from water retained because of newly built Beaver Dams. I have reviewed the site with Erick Amati of the Division of Fisheries & Wildlife. He authorized me by permits (attached) to remove one dam completely and a small portion (16" X 24") of the up stream dam. These permits were valid from May 28 to July 28, 1995. On May 29-30-31 and June 1-2-5-6, DPW personnel removed daily the appropriate approved amount of the Beaver dam. On June 7, DPW personnel reported to me that more of the dam had been removed than they had done the day bef ore. Also on that day an abutter or passerby told DPW personnel that there were gun shots heard the night before. Since the June 8th even more of the dam has been removed by unknown persons. Since June 14th, we have ceased to continue our review of the dam except for an occasional inspection. The DPW Department will not apply for other permits to breach those dams because of the potential liability. However, we will assist your department or the State Division of Fisheries in any way which is approved pending your or the states request for help (regarding installation of a beaver pipe). GP: jm DANIEL A. GIARD 130A Appleton Street NORTH ANDOVER, MA 01845 Phone 686-7653 DATE STATEMENT TERMS: PLEASE DETACH AND RETURN WITH YOUR REMITTANCE DATE INVOICE NUMBER / DESCRIPTION I CHARGES CREDITS BALANCE BALANCE FORWARD b -L?- PAY LAST AM LINT DANIEL A. GIARD 99"4w IN THIS COLUMN PRODUCT 10[)2-��Ix.-Grww,M- 01471 T�Old� PHONE TOLL FREE 1-BM225-M SEPTIC SYSTEM INSPECTION FORM ADDRESS '2,56 Dalee, DATE INSPECTED '9 %4!:�' PROPERLY FUNCTIONING? Y WEATHER CONDITIONS COMMENTS: lia-7fvj 'A l6u-� . I V,\ L ocr-Po-n,4- 6A W"ict" causes 'F 61, V) 6b S -Q 4k lb BOO'- C)K �c WATER QUALITY n-2 E j DYE TEST PERFORMED? Y N DATE? SKETCH: a _. ; fN�% David Rand Lot 3Ap Dale St APPLICATION FOR SEWAGE DISPOSAL IkETALIATION HEALTH DEPARTMNT - NORTH ANDOVER, MSS. I hereby make application for a permit for a sewage disposal installation at I Lot 3A. Dale St. _. I will install this system in ac- cordance with all the laws of the Commonwealth of �kssachusetts and regulations of the Board of Health of the Town of North Andover. Further., I will construct the house sewer of bell and spigot pipe, the minimum diameter being 4 inches, and will maintain a minimum grade of 1% until 10 feet pre- ceding the septic tank, where the grade shall not exceed 2%. 1 will install a con- crete septic tank of -_ 750 gal. in size. A manhole (s) permitting easy cleaning will be provided wit� removable —cover (s) of iron or concrete within 12 inches of the ground surface. I will provide subsurface disposal field with 4 inch perforated or open jointed pipe and laid in a series of trenches, the bottom of which will pro- vide a minimum of 180 lineal (dYdL*kV) feet of effective absorption area. The pipes will be laid on a 6 inch layer of washed gravel or crushed stone ranging in size from 3/4 to 1-1/2 inches (dia.) and the pipes will be surrounded by similar material to a height of 2 inches above the crown of the pipe. The joints of these pipes will be protected from clogging and before filling the trench, 2 inches of gravel or stone 1/8" to 1A" (dia.) will be placed over the course gravel or stone. The disposal field will be installed at a grade of 4 to 6 inches/100 feet. No single tile line will exceed 100 feet in length and in any case, two lines of tile will be installed. A minimum of 6 feet will be maintained between the center lines of the disposal field trenches and the average depth of trench shall not exceed 36 inches. No part of the installation will be less than 100 feet from any private water supply, 25 feet from any stream, 20 feet from any dwelling or 10 feet from any property line. I further agree not to cover aLiZ portion of this installation until approved by the inspection officer, as provided below, and to incorporate any additional requirements that may be attached to the permit. Plot Plans must be submitted with application. DATE or Signature of Applic'*ant I hereby issue the above permit for the Board of Health of the Town of North Andover, Massachusetts. DA M Sigfture of Health Agent I have inspected the uncovered system indicated above and find everything done as described. DA TE 04,ot,_Q Signature of Insp44ing Officer 'r Percolation Test 3 min. Soil: gravel Garbage Grinder No R -,." I -,' April 29, 1961 Miss Mary Sheridan R. N. Health Agent Board of Health North Andover, Mass. Dear Miss Sheridan: An examination was made as requested in order to determine the suitability of the soil for the subsurface disposal of sewage on the proposed Dale Street building site of -David C. Rand. The land in general is high. The subsoil in the area was of gravel content and a 3 -minute percolation test was conducted. It is recommended that a 750 gallon concrete septic tank be installed together with 180 lineal feet of drain pipe. Very truly yours, William J. Dr"coll WJD:hd BOARD OF HEALTH ---- -- - TOWN OF. NORTH ANDOVER ,q /s -o I. NA1,11F, aLl/01 . . . . . . . . . . . . . . . . . . . . DATE 2. ADDRESS . .. . . . . . . . LOT NO. TELA. P. 3 DEN yEs 3. NO* OF BEDROOM . . . . . NO.* GARBAGE GRINDER YES . 0 . 0 NO** o 0 0 5, SHOW DIPMISIONS OF HOUSE 6. SHOW DISTANCES OF HOUSE TO ALL PRLOPMTY LIKES 7, SHOW DIPIEPSIOh'S OF LCT 8. SHOW LOCATION AND SIZE OF SEPTIC TANK OP CESSPOOL 9, NOM LOCATION AND DISTANCE OF 17ELL FROM SEMERAGE SYSTEM 10, , SHOlAl LOCATION CF BROOKS., STMIKS,, DITCHES,, LEDGE OUTCROP., ETC. Ile SHOW DISTANCE OF SEPTIC TANK OR CESSPOOL FROM HOUSE NOTE; LOCAL REGULATIOM SHOULD EE READ CAREFUILY. SEPTIC SYSTEM INSPECTION FORM ADDRESS Z - DATE INSPECTED PROPERLY FUNCTIONING? Y WEATHER CONDITIONS COMMENTS: V'\ L o 16 c,6 WATIER QUALITY 'rES—JEb,'2- JZESOL��S� DYE TEST PERFORMED? Y N DATE? SKETCHI, 0 SEPTIC SYSTEM INSPECTION FORM ADDRESS z -7 DATE INSPECTED PROPERLY FUNCTIONING? Y g) WEATHER CONDITIONS COtIMENTS: cau!�>as -3A SKETC11: I f f �y, WAY'"JE:1Z OVALITY TESTJE:t�'Z lzesoL-t��. v DYE TEST PERFORMED? Y N DATE? SKETC11: I SEPTIC SYSTEM INSPECTION FORM ADDRESS 3(5 DATE INSPECTED PROPERLY FUNCTIONING? Y (P�) WEATHER CONDITIONS COMMENTS: I A L c, ��e L cta"t's r c C. L a tad c a U'sas ar WA'*-§E:g avALITY rr T ESCE R ES o DYE TEST PERFORMED? Y N DATE? SKETCH': SEPTIC SYSTEM INSPECTION FORM /-"? r7 - ADDRESS Z— DATE INSPECTED PROPERLY FUNCTIONING? Y WEATHER CONDITIONS COt IMENTS: occ&Pa-n-` c"""s To 6e, t I c6io J, k� tea ai A pcoj-iv�j 10 r) K, Ti/t V? WATi EIZ QUALITY TESIPED, lz es o DYE TEST PERFORMED? Y N DATE? SKETCH: I WATERSHED RESIDENTS QUESTIONNAIRE 1. Name _DA_v_Ld_C__R_and 2. Street Address 280 Dale Street 3. How many members are in your household? 4.. What type of sewage disposal system do you have? cesspool septic tank and leaching area El connection to municipal sewer EJ other (describe) F-1 do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? CK yes 0 no El do not know 6. How old is your sewage disposal system? El 0-5years El 6-10 years 0 11-20. years D9 over 20 years, F] do not know 7. Has your sewage disposal system been rebuilt or repaired? El yes [X no El do not know If yes, approximately how Ion ago? 9 years. What was done? 8. How frequently is your sewage disposal system pumped out? 0 annually every 2-4 years El every 5-10 years El over 10 years never 9. Have you had any problems with your sewage disposal system? El yes El no If yes, what problems? (SEE ATTACHED SHEET) 0 repeated pump -outs needed El system clogs, backs up, or drains slowly 0 odors El sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher garbage disposal dehumidifier drain sump pump toilet X roof/pavement drains shower/bathtub X, 11. Please state the brand and type (liquid or powder) of detergent you use for: dishwasher clotheswasher All 11id 12, Does your property have a lawn? X yes El no If yes, approximately what size? El less than 1/4 acre El 1/4 acre El 1/2 acre X -1/4 acre El 1 acre D more than 1 acre (Specify),---- . acres 13. How often do you fertilize your lawn? No. of applications per year Season(s) of the year WE DO NOT FERTILIZE. 14. Please state the brand and type (liquid or granular) of lawn fertilizer you. u . se: 0 Check here if your lawn is maintained by a professional landscape contractor. e your board and ago I came befor Approximately one year on our property. The 8TION 9. that we have explained the problem urfacing of Dale Street in problem was caused by the res -raised and a crown was e -road was of our home. Th property. onto our front to run n which causes the water next to Ours, put i t in front Of the property A berm was Pu I onto our. ng water from that area a so to flow caus, property. e -repeatedly made complaints rs I hav ion, and For the past three yea The conservation COmmlss to the Planning Board, nally, after no response, we to the Board of Health. Fi rect this problem are taking legal action to cOr David C. Rand 9 WATERSHEDRESIDENTS QUESTIONNAIRE 1. Name ____Da_V_Ld_jC__R__an_d. 2. Street Address 280 Dale Street 3. How many members are in your household? 3 .4.. What type of sewage disposal system do you have? El cesspool X septic tank and leaching area F� connection to municipal sewer El other (describe) F1 do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? yes 0 no F-1 do not know 6. How old is your sewage disposal system? El 0-5 years El 6-10 years El 11-20 years CK over 20 years. F-1 do not know 7. Has your sewage disposal system been rebuilt or repaired? EJ - yes CK no F-1 do not know If yes, approximately how Ion ago? years. What was done? 9 8. How frequently is your sewage disposal system pumped out? El annually every 2-4 years El every 5-10 years 0 over 10 years El never 9. Have you had any,problems with your sewage disposal system? El yes El no If yes, what problems? (SEE ATTACHED SHEET) - 0 repeated pump -outs needed El system clogs, backs up, or drains slowly F-1 odors 0 sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher garbage disposal dehumidifier drain sump purnp toilet X roof/pavement drains shower/bathtub X 11. Please state the brand and type (liquid or powder) of detergent you use for: dishwasher clotheswasher All 12, Does your property have a Iawn7 9- yes El no If yes, approximately what size? F� less than 1/4 acre El 1/4 acre El 1/2 acre X -1/4 acre El 1 acre F-1 more than 1 acre (Specify) acres 13. How often do you fertilize your lawn? WE DO NOT FERTILIZE. No. of applications per year Season(s) of the year 14. Please state the brand and type (liquid or granular) of lawn fertilizer you. u I se: F] Check here if your lawn is maintained by a professional landscape contractor. ago 1 came before your board and 8TION 9. ApprOx imately one year that we have on our property. The explained the problem surfacing of Dale street in problem was caused by the re s raised and a crown was me. The road wa operty. front of our ho our pr he water to -run Onto put in., which causes t property next to -ours, m was put in front of the A ber from that area also to flow onto our causing water property. dly made- complaints repeate ree years I have on, and For thepast th The Conservation COmm'ss' to the Planning Board, Finally, after no response) we e Board of Health. to th egal action to coy rect this problem - are taking Dav,id C. Rand WATERSHED RESIDENTS QUESTIONNAIRE 1. Name David C. Rand 2. Street Address 280 Dale Street 3. How many members are in your household? .4. What type of sewage disposal system do you have? 0 cesspool X septic tank and leaching area El connection to municipal sewer .0 other (describe) El do not know 5. Are the, plans (drawings) for your sewage disposal system on file with the Board of Health? yes 0 no El do not know 6. How old is your sewage disposal system? El 0-5years El 6-10 years El 11-20. years over 20 years F-1 do not know 7. Has your sewage disposal system been rebuilt or repaired? El yes DQ no El do not know If yes, approximately how long ago? I years. Wha t was done? 8. How frequently is your sewage disposal system pumped out? El annually every 2-4 years El every 5-10 years El over 10 years never 9. Have you had any.problems with your sewage disposal system? El yes El no If yes, what problems? (SEE ATTACHED SHEET) El repeated pump -outs needed 0 system clogs, backs up, or drains slowly F-1 odors 0 sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine dishwasher garbage disposal dehumidifier drain sump pump toilet roof/pavement drains shower/bathtub X 11. Please state the bra-nd and type (liquid or powder) of detergent you use for: dishwasher clotheswasher All lj4ui-d.- 12, Does your property have a lawn? yes no If yes, approximately what size? El less than 1/4 acre El 1/4 acre El '/2 acre X 3/4 acre El 1 acre 0 more than 1 acre (Specify),---- acres 13. How often do you fertilize your lawn? No. of applications per year Season(s) of the year WE DO NOT FERTILIZE. 14. Please state the brand and type (liquid or granular) of lawn fertilizer you. u . se: 0 Check here if your lawn is maintained by a professional landscape contractor. imately one year ago I came before your board and ApprOx that we have on our property, The 8TION 9. explained the problem urfacing of Dale street in problem was caused by the yes and a crown was front of our home. The -road was 'raised property. he water to Tun Onto our. put in., which causes t - propert next to Ours, in front of the Yow onto our m was put A ber from that area also to fl causing water property. dly made complaints For the past. three years I have repeate ion, and (QN to the Planning Board, The conservation COMmiss Finally, after no response, we to the Board of Health. n to correct this problem. are taking legal actio