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210/025.0-0017-0000.0
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DOWNING & FLYNN
85 Devonshire Street,Suite 1000
Boston,Massachusetts 02109-3504
Tel: (617) 720-3535 RECEIVED
Fax: (617)742-9130
AUG 19 2005
TOWN OF IVO,RTH ANDOVER
CATHERINE F.DOWNING,ESQ. HEALTHDEP
FRANK A.FLYNN,ESQ. ARTA4EfVT
RANDOLPH C.ENGLISH,ESQ.
JON D.MICHALEK,ESQ.
MICHAEL J.SWEDICK,ESQ.
JASON B.COHEN,ESQ.
ANTONIA C.PEABODY,ESQ.
August 16, 2005
SENT VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
AND COPY SENT VIA FIRST CLASS MAIL
Robert Anderson
303 Hillside Road
North Andover, MA 01845
Re: Alcott Village Condominium Trust
Dear Mr. Anderson:
This office represents your neighbor, the Alcott Village Condominium Trust.
You were previously notified via a letter sent to you by my client on January 4, 2005 that
your actions on your property, which include the daily feeding of large amounts of birds,
including numerous pigeons, have created damage to my client's buildings and property.
Specifically,"the Alcott Village Condominium has been damaged by the large amount of
bird droppings on its buildings and by the large numbers of pigeons that congregate on
my client's property and structures as a result of your feedings. Moreover, the residents
of the Alcott Village Condominium have also been disturbed by the large numbers of
pigeons overhead and their numerous droppings on their property.
Your actions clearly constitute a private nuisance under Massachusetts law. A
private nuisance is an"invasion of another's interest in the private use and enjoyment of
land" LeClair v. Mazzaferro, 1994 WL 879976 at *3 (Mass. Superior Court). You could
be held legally liable under the nuisance theory for permitting an activity on your
"property which causes a substantial or unreasonable interference with the use and
enjoyment of the property of another." Id. at *4. My client's property and use and
enjoyment of it has been unreasonably interfered with and damaged by the many pigeons
and other birds that have been flocking to the area due to the large food supply you
C E Q Vpr& to them on a daily basis. Massachusetts law has been clear that people who
AUG 1 9 2005
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BOARD OF APPEALS
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encourage animals to the property can be liable to neighbors for nuisance. See Maynard
v. Carey Const. Co., 302 Mass. 530 (1939) (holding that a nuisance was found to exist
when quarry owner who used land as a dump and allowed cockroaches to thrive bothered
plaintiff's neighboring tenants).
My client formally requests a second time that you cease and desist from the
activities that are creating the nuisance, specifically refraining from feeding the birds or
otherwise enticing them to the area. If you fail to cooperate with this request, my client
may take legal action against you.
If you would like to discuss this matter, please feel free to contact me. Thank
you.
ALCOTT VILLAGE CONDOMINIUM TRUST
By its attorneys,
Downing & Flynn
.rank A. ynn,
cc: Alcott Village Condominium Trust
Town of North Andover Health Department
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