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HomeMy WebLinkAboutMiscellaneous - 303 HILLSIDE ROAD 4/30/2018 (2) _ 303 HILLSIDE ROAD 290/02 0000.0 d �I i i i i i i 303 HILLSIDE ROAD 025.0-0017 Complaint Detail Repot Printed On:Wed Mar 08,2006 Complaint#: CT-2005-000041 Status: Closed GIS#: 1127 Violator: - 4 -_- --- J- --- ---- -- - --- - - NCRTh 'Address: 303 HILLSIDE ROAD Map: 025.0 Address: --------- -- ---- - — - -- -- ;Date Recvd.: Jan-31-2005 Time Recvd.: 01:16 PM Block: 0017 , '• ; Category: 'Animal Lot: Type: i __ • r ieoTMS Module: (Board of Health District: Trade: �t�^••.,.••'tom Recorded By: ;Pamela De1leChiaie Zoning: - Structure: -- - -- - SNCNUSE Description ---- i- - - COmplalnt' Received a call from Nancy Schubart,a resident,and board member of the condo association there. Evidently,there is a problem with the neighbor who abuts the - property at 303 Hillside Avenue,Bob Anderson. He maintains a duck pen and feeds approximately 1/2 dozen ducks,which is also attracting large amounts of pigeons. The pigeons are congregating on the rooftops of the condo homes,and becoming a nuisance. Ms.Schubart and her associates have worked with Mr.Anderson amicably in the past,but the situation is getting to the point where it is becoming a problem. Her main question is this: When does a situation like this become a health hazard,and at what point should action be taken. She does not want to cause problems. She has a board meeting tomorrow night,and would like to give the association some information. So,before,anyone from the Health Dept.Goes out,she would like to speak with Susan first. ' Please note that there is no Animal Permit to maintain ducks at the Hillside Road address either. Please call Ms.Schubart to discuss the situation before any further action is taken.--p.d. comments: — — - - - - - --- — - Callers Date Time Name Phone Best Time To Reach Recorded By Response Jan-31-2005 1:16 PM Nancy Schubart (978)686-0536 Q Pamela DelleChiaie Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health CLOSED Mar-07-2006 3:46 PM Follow-Up by Health Ms.Sawyer left a message for Attorney Director Byers,just stating that this office has done no investigation becasue no formal complaint has been filed by an aggreived party(Alcott Village or his mother). If filed, we will follow-up.--p.d. GeoTMS®2006 Des Lauriers Municipal Solutions, Inc. Page 1 of 2 y a . 46 � r 303 HILLSIDE ROAD 025.0-0017 Complaint Detail Repot Printed On: Wed Mar 08,2006 Feb-02-2005 1:59 PM Follow-Up by Health Ms.Sawyer called Ms.Schubert and 8/19/05-Received a copy of a letter from Director discussed the issue. Does not wish to file Downing&Flynn,Attorneys from Boston formal complaint at this time. Told her the representing Alcott Village Condominium Trust nuisance laws or zoning may help if they requesting a"cease and desist from the file.--Susan Sawyer 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."-Placed in File. GeoTMS®2006 Des Lauriers Municipal Solutions, Inc. Page 2 of 2 Page 1 of 1 6 t DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Tuesday, March 07, 2006 3:08 PM To: Sawyer, Susan Subject: FW: Alcott Village and (303 Hillside Road Complaint re: pigeons) Hi Susan, I am going to bring the file into you. I spoke with Rick Byers about this, as his mother is a resident of Alcott Village, and he was asked if he had any influence to try to get something done. I told him I would pull the file and review with you to see if there is anything the Health Department can do other than what has already been done. Pam -----Original Message----- From: Richard J. Byers [mailto:rjbyers@andoverattorneys.com] Sent: Tuesday, March 07, 2006 2:59 PM To: DelleChiaie, Pamela Subject: FW: Alcott Village Pam, Here it is again. Thanks for all your help. Rick Byers -----Original Message----- From: Sharon Sanborn-Bean [mailto:sharon@greatnorth.net] Sent: Tuesday, March 07, 2006 12:38 PM To: rjbyers@andoverattorneys.com Subject: Alcott Village Rick: The owner's name is Robert& Elisabeth Anderson, 303 Hillside Road, N. Andover, MA 01845. They were sent a letter in August 2005, citing private nuisance law-substantial or unreasonable interference with the use and enjoyment of the property of another. They responded back with a phone call claiming they do not feed the pigeons. They admit to having 6 ducks, and they feed them. He claims that the warm roof vents cause the pigeons to roost on our roofs. He also claimed never to see pigeons eating any of the duck or small bird food that he puts out. We do have a video of him putting out food. The Andersons also responded with a letter stating that we should complain to Merrimack College about the pigeons also. He said he understand that the property has roof heaters (which we did not- we are in the process of installing those now)and that the Audobon Society told him that pigeons will use that heat. They deny ever feeding the pigeons, but say they will continue to feed the small birds&ducks. It is unfortunate, they say, if the pigeons eat the small bird food. thanks keep me updated? 3/7/2006 Page 1 of 1 DelleChiaie, Pamela From: healthdept@townofnorthandover.com Sent: Tuesday, March 07, 2006 2:41 PM To: DelleChiaie, Pamela Subject: Martindale-Hubbell - Potential Client Inquiry -Your Copy This inquiry originated from a search on www.lawyers.com Name:Pamela DelleChiaie City:North Andover State: U.S. Comments: Hi Rick, I faxed you the information regarding prior file on 303 Hillside Road. Did not get your e-mail yet re: response of Mr. Anderson. Susan has been in meetings, but I will talk to her about this by the end of the day. Your e-mail would be helpful to show her. Thanks! Pamela Sent by: healthdept@townofnorthandover.com 3/7/2006 . � , �f � .._ . . . \ / | | , < \ �\ � � � | | <�Q � � . � j� . «�, t � /� . � � � ' w , \��` ��/\� \� � � � .��� � �/\\�|�� � . . . ) »� /, [l: � �; � � � %i* \ ! . ' \ . . 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' �, ,„��� —^' �S�fi.. �yIN VIII h"jY�Cky St..'. 1,. a., -�+ � - x ,y, �. �� >» �'- ^/ /' i , r� 1 , �_ f �\ �_ � � �- U ��� 1 5 �� ,�. ^� y • � � •¢ L � � �� � � ' • 4 _ `� ' rt k•. P • n � y. � , ��� �� �: • � �dr;4 _'�-. �; - .,• ¢ . ; . , w �. , .. . M L �f f� �` � �,�-. .. r s �, . �. y. 6 17 CJ 51 rE: �i .r, s n '+ �� f;.�!'ti �I.i tai U°"i�'f�d• y ""r' t A�! '•fit � np,t3 i �i{� ��1 � r i + t� �j }� } rye ,�Y�{ S �r f•_ t r i t fi � �}� •,X ���•'� t dt i 4a yf E Y.H' t �d . J• yw {� .As � f f y�� 1 1} 1• a.. �3'�•.. z qtr i, r .,1 �' w. i s ;r� r y r DelleChiaie, Pamela From: Sawyer, Susan Sent: Thursday, April 20, 2006 4:31 PM To: DelleChiaie, Pamela Subject: FW: For the file pls print out and place in file thx -----Original Message----- From: Sawyer,Susan Sent: Thursday,April 20,2006 4:31 PM To: 'Sharon Sanborn-Bean' Cc: Leathe,Brian Subject: For the file This is a follow-up to the complaint received by the North Andover Health Department on March 8, 2006. The complainant alleged that the property owner of 303 Hillside Avenue was causing an attractive nuisance. The owner had birds in a pen and many bird feeders. The food was attracting pigeons. On march 17, 2006, Health Department and Building Department personnel went to 33 Alcott Way and met with residents, received photos and observed the neighbor's birds from the occupants building. No pigeons were seen on that day. They also offered video evidence of the pigeons which was declined at the time. The nuisance appeared clear to the inspectors. As an attempt to mediate the situation, and supported by the Alcott Village residents, before issuing an Order Letter the inspectors decided to visit 303 Hillside and speak to the owner, Robert Anderson.Discussion of the complaint ensued.Mr. Anderson was granted a week to see if a solution to the complaint could be found.A reinspection by the Bldg.Insp.found that the bird feeders had been removed and the bird pen had been enclosed with wire. The Health Dept.contacted Great North Management,who informed us that the complainant was pleased with the action taken by the neighbor. In good faith,the Health and Bldg Departments have determined that there is to be no additional action taken at this time.If at a later date the pigeons become a nuisance again,action to have the birds removed may be initiated by the Building Department and an Order to Correct will come from the Health Dept. Thank you, Susan Sawyer, R.S. Public Health Director office 978 688-9540 fax 978 688-8476 1 i i I� � W oa ro � N North Andover Zoning Bylaw excerpts Animals other than domestic house pets: Except for Industrial—3,I-3,all zoning districts have this paragraph(with different subsection numbers,R-6=4.125.8,B-3=4.129.13,1-2=4.133.12,etc.) 4.12 Permitted Uses 4.121 Residence 1 District Residence 2 District Residence 3 District 4.121.6.a. Agriculture,horticulture,floriculture,viticulture or silvaculture. (1986/100). b. bn any lot of at least dose(3)acres,the keeping of a total of not mane than three(3) of any kind or asswuneatt of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot siae to five (5), the keeping of one addhiawl animal or bind but not the kgwg of any arurttals,birds or pets of persons pot residcm on such lot.(1993/36) C. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud fauns,and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. (1986/100). e. The sale of products of agriculture, horticulture, floriculture, viticulture or silvaculture as well as accessory or customary items, by any person who is primarily engaged in any of the above activities. The operation must be on at least ten (10) contiguous acres used primarily for any of these activities. (1986/100). RECEIVED MAR 13 2006 Board Of Health Department North Andover,Massachusetts TOWN OF NORTH ANDOVER March 8, 2006 HEALTH DEPARTMENT To whom it may concern: I have been a resident of 33 Alcott Way, a townhouse in the Alcott Village community, since June 2004. Since then I have had a daily influx of up to 3-dozen pigeons, loudly swooping onto the back of my roof and chimney after feeding in the adjacent yard throughout the morning. This is not only disruptive,but has caused a large amount of bird dropping on the roof and patio. In the property adjacent to the rear of my unit resides a Mr. Robert Anderson(303 Hillside Rd.), who has a duck/geese pen that sits at the far end of his yard, which is next to the Alcott fence. I have watched him feed not only the geese,but he deliberately places abundant amounts of food on the ground accessible to the pigeons. These pigeons roost on my roof on a daily basis and repeatedly dive for visible food. I have brought this to the attention of the Alcott Board of Directors and they initially visited Mr. Anderson requesting that he stop feeding the pigeons. He denied feeding pigeons,but suggested that they may feed on the geese feed. He verbally told the Board members that he would try to devise something that would keep the pigeons from feeding on the geese food. This never happened. Since then the Board has had a lawyer contact Mr. Anderson in writing the same request which he responded by denying that the pigeons feed on his property. I have documented him feeding the pigeons with photos and video. Many approaches have been made to deter the pigeons from landing on the roof. An Owl figure was installed on the roof, a pest control agency tried trapping cages, an Ultra sound machine, a predator sound machine, and recently fishing wire installed on the roof to disrupt the flight pattern. Unfortunately, none of these endeavors have worked. The issue became even more prominent this winter with a significant roof leak with contaminated water, which entered my residence and three episodes of dead pigeons on my property with blood and tissue splattered over my driveway atci lawn. I have found out that these droppings may contain spores, as well as other organisms, which if become airborne can present a significant health risks such as histoplasmosis . Not only am I concerned for myself, and my neighbors,but also when the landscapers maintain the property the organism will become airborne and they too will be at risk. I am aware that Great North Management,the management company for Alcott Village, has contacted the Board of Health in the past on this issue. I'm sure it can be appreciated my concern in this manner. At this time I am pleading, as a resident and taxpayer of North Andover, for the Board of Health to intervene with this problem. I appreciate your attention in this matter and look forward to your response. You may respond to Sharon Sanborn-Bean at Great North Management Co. 603-436-4100. Sincerely, j �-9 Fc�—TA Jacqueline Paquette Disease Listing, Histoplasmosis, General Information I CDC Bacterial, Mycotic Diseases Page 1 of 2 Division of Bacterial and Mycotic Diseases I Home>Home>Disease Listing>Histoplasmosis Histoplasmosis Disease Listing I General Information I Technical_Information j Additional Information_ Frequently Asked Questions p What is.histoplasmosis? p Can_a.ny_one get histoplasmosis? p How is someone infected with H._capsulatum? p What are the symptoms of histoplasmosis? p When do symptoms start? a Is histoplasmosis treatable? p Where is H. capsulatum found? a What can_be.done toprevent_histoplasmosis? What is histoplasmosis? Histoplasmosis is a disease caused by the fungus Histoplasma capsulatum. Its symptoms vary greatly, but the disease primarily affect the lungs. Occasionally, other organs are affected.This form of the disease is called disseminated histoplasmosis,and it can be fatal if untreated. Back to To Can anyone get histoplasmosis? Yes. Positive histoplasmin skin tests occur in as many as 80%of the people living in areas where H. capsulatum is common, such as the eastern and central United States. Infants,young children,and older persons, in particular those with chronic lung disease are at increased risk for severe disease. Disseminated disease is more frequently seen in people with cancer or AIDS. Back to Top How is someone infected with H. capsulatum? H. capsulatum grows in soil and material contaminated with bat or bird droppings. Spores become airborne when contaminated soil is disturbed. Breathing the spores causes infection.The disease is not transmitted from an infected person to someone else. Back to.Top What are the symptoms of histoplasmosis? Most infected persons have no apparent ill effects.The acute respiratory disease is characterized by respiratory symptoms, a general ill feeling,fever,chest pains,and a dry or nonproductive cough. Distinct patterns may be seen on a chest x-ray. Chronic lung disease resembles tuberculosis and can worsen over months or years.The disseminated form is fatal unless treated. Back to Top When do symptoms start? http://www.cdc.gov/ncidod/dbmd/diseaseinfo/histoplasmosis_g.htm 3/13/2006 Disease Listing, Histoplasmosis, General Information I CDC Bacterial, Mycotic Diseases Page 2 of 2 4 I If symptoms occur,they will start within 3 to 17 days after exposure;the average is 10 days. Is histoplasmosis treatable? Yes.Antifungal medications are used to treat severe cases of acute histoplasmosis and all cases of chronic and disseminated disease. Mild disease usually resolves without treatment. Past infection results in partial protection against ill effects if reinfected. Back to Top, Where is H.capsulatum found? H. capsulatum is found throughout the world and is endemic in certain areas of the United States. The fungus has been found in poultry house litter, caves,areas harboring bats,and in bird roosts. What can be done to prevent histoplasmosis? It is not practical to test or decontaminate most sites that may be contaminated with H. capsulatum, but the following precautions can be taken to reduce a person's risk of exposure: > Avoid areas that may harbor the fungus,e.g.,accumulations of bird or bat droppings. > Before starting a job or activity having a risk for exposure to H. capsulatum,consult the NIOSH/NCID_Document Histoplasmosis:_Protecting_Workers at Risk.This document contains information on work practices and personal protective equipment that will reduce the risk of infection.A copy can also be obtained by requesting publication no.97-146 from National Institute for Occupational Safety and Health Publications Dissemination 4676 Columbia Parkway Mail Stop C-13 Cincinnati, OH 45226-1998 1-800-356-4674 Back to-Top Date:October 12,2005 Content source: National Center for Infectious Diseases/Division of Bacterial and Mycotic Diseases http://www.cdc.gov/ncidod/dbmd/diseaseinfo/histoplasmosis_g.htm 3/13/2006 NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS DATE i 2✓ z Rev.6/04 INSPECTOR F e- Er t` e° r-a,,Cr,*es 'Cc s re i Back I �Search 'Favorites ' -r tY 1 Address 14M http://csc-ma.us/Communities/Handover/mapsj25.pdf i� � Go links Search 1 I blocked " Check "` Aub3link Auf oFill ®Options f _ - Why watt?U rade }� �^ pg F1 Save a Copy € 1 LT� Select Text - i `� �� { '60040 - Q �� r" to Reader T.0 today J saa14 10 16 165 oG. 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I 16,742 12.47 1 55 17 1.3 cc. 0.5 3D 31 19 27,660 91.950 0.637 o c. 65 16 1.163 cc. l i 45,453 4411 d +1 8.27 x 11.69 in 1of1 Dane F—'[—[—F—f— o Internet Start ®inbox-mxrosoft Outlook 1' Memorandums http://csc-ma.us/Commu...' « 4,37 AM i LETTER OF TRANYVIITTM., Rr North Andover Health Department O� NQE �•.� 4110 Osgood Street 3� y` ,i° 0 North Andover, MA 01845 o p 978.688.9540 - Phone 978.688.8476 - Fax healthdent!atow nofnorthandover.com - E-mail �'9Ss,yeHus�c"�� w•ww.townofnorthandover.com - Website Page of TO: DATE: D COMPANY: FROM:Pamela DelleC iaie, Health Department Assistant L?/1so Phone: Fax: We are sending you: OCopy of Letter OPlans OOther ill in below) These are transmitted as checked below: OAppnwW as Noted :- OFor Review and comment y OSuhn& copiesfor r OAsRequested > OFor Your Use dist MsRequb& v OResubmit copiesfor OForAppnwal appmvd REMARKS: COPY TO: COPY TO: COPY TO: SIGNED: TRANSMISSION VERIFICATION REPORT TIME 03107/2006 13:56 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 0004J120960 DATEJIME 03107 13:55 FAX N0./NAME 89787947941 DURATION 00: 00:25 PAGE(S) 02 RESULT OK MODE STANDARD ECM 4 303 HILLSIDE ROAD 025.0-0017 1 Complaint Detail Repot r Printed On:Tue Mar 07,2006 Complaint#: CT-2005-000041 IStatus: Closed GIS#: 1127 Violator: NOR*� Address: 303 HILLSIDE ROAD Ma 025.0 Address: Date Recvd.: Jan-31-2005 ITime Recvd.: 01:16 PM Block: 0017 a - - -- Category: Animal Lot: Type: GeoTMS Module: Board of Health District: Trade: ~••..a•�"� Recorded B Pamela DelleChiaie ion i ng. Structure: Description Complaint: Received a call from Nancy Schubart,a resident,and board member of the condo association there. Evidently,there is a problem with the neighbor who abuts the -- - property at 303 Hillside Avenue,Bob Anderson. He maintains a duck pen and feeds approximately 1/2 dozen ducks,which is also attracting large amounts of pigeons. The pigeons are congregating on the rooftops of the condo homes,and becoming a nuisance. Ms.Schubart and her associates have worked with Mr.Anderson amicably in the past,but the situation is getting to the point where it is becoming a problem. Her main question is this: When does a situation like this become a health hazard,and at what point should action be taken. She does not want to cause problems. She has a board meeting tomorrow night,and would like to give the association some information. So,before,anyone from the Health Dept.Goes out,she would like to speak with Susan first. Please note that there is no Animal Permit to maintain ducks at the Hillside Road address either. _ Please call Ms.Schubart to discuss the situation before any further action is taken.--p.d. Coments: ----- - - - -- - ---- — _m - ---- Callers Date Time Name Phone Best Time To Reach Recorded By Response Jan-31-2005 1:16 PM Nancy Schubart (978)686-0536 Q Pamela DelleChiaie Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health CLOSED Feb-02-2005 1:59 PM Follow-Up by Health Ms.Sawyer called Ms.Schubert and. 8/19/05-Received a copy of a letter from Director discussed the issue. Does not wish to file Downing&Flynn,Attorneys from Boston formal complaint at this time. Told her the representing Alcott Village Condominium Trust nuisance laws or zoning may help if they requesting a"cease and desist from the file.--Susan Sawyer 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."-Placed in File. GeoTMS®2006 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 w a i D®��UNG & FLYNN 85 Devonshire Street, Suite 1000 Boston,Massachusetts 02109-3504 Tel: (617)720-3535 RECEIVED Fax: (617)742-9130 AUG 19 2005 TOWN OF NORTH ANDOVER CATHERINE F.DOWNING,ESQ. HEALTH DEPARTMENT FRANK A.FLYNN,ESQ. RANDOLPH C.ENGLISH,ESQ. JON D.MICHALEK,ESQ. MICHAEL J.SWEDICK,ESQ. JASON E.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 provide to them on a daily basis. Massachusetts law has been clear that people who 1 r Please Copy Need— Copies Copies To: Original: ❑ Return to: ❑ File under: Post, COPY request Pad 7670 i r encourage animals to the property can be liable to neighbors for nuisance. See Maynard v. Carey Const. Co., 302 Mass. 530 (193 9) (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 2 1 DOVY7SUNO & ]FLYNN 85 Devonshire Street,Suite 1000 Boston,Massachusetts 02109-3504 Tel: (617)720-3535 R�"� � � Fax: (617)742-9130 A U G Z 9 2005 70VVN OF I RTH ANDOVER CATHERINE F.DOWNING,ESQ. HEALTH DEPARTMENT FRANK A.FLYNN,ESQ. 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: cott 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 provide to them on a daily basis. Massachusetts law has been clear that people who 1 l 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 2 D® V V��`G & ]FLYNN 85 Devonshire Street,Suite 1000 Boston,Massachusetts 02109-3504 Tel: (617)720-3535 R 'C� � Fax: (617)742-9130 AUG 19 2005 TOWN OF NORTH ANDOVER CATHERINE F.DOWNING,ESQ. HEALTH DEPARTMENT FRANK A.FLYNN,ESQ. 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. notified via a letter sent to you b m client on January 4, 2005 that You were previously o Y �'Y Y Y Y P Y 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 provide to them on a daily basis. Massachusetts law has been clear that people who 1 i encourage animals to the property can be liable to neighbors for nuisance. See Magid 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, 1 6 ell cc: Alcott Village Condominium Trust Town of North Andover Health Department 2 i 85 Devonshire Street,Suite 1000 Boston,Massachusetts 02109-3504 Tel: (617)720-3535 REC��1� Fax: (617)742-9130 AUG 1 9 2005 TO /N OF IVOJRTH ANDOVER CATHERINE F.DOWNING,ESQ. HEALTH DEPARTMENT FRANK A.FLYNN,ESQ. RANDOLPH C.ENGLISH,ESQ. CHALEK JON D.MI ,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. e previously notified via a letter sent to you b m client on January 4, 2005 that You wer Y Y Y p Y 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 another's interest in the private use and enjoyment of P private nuisance is an invasion of anoth p 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 provide to them on a daily basis. Massachusetts law has been clear that people who 1 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, t</(- cc: Alcott Village Condominium Trust Town of North Andover Health Department 2 vvpi 1 BOARD 014 I-IEALTH k 146 MAIN STREET �.� TELEPHONE# (508) 688-9540 .-APPLICATION FOR ABAybDO,i-�fE,��T OF SUBSURFACE DISPOSAL SYST E.W (SEPTIC SYS TEV) Pursuant to Section 310 C.VR 13.35-1 of the State Environmental Code, Title V Name Phone— Address- Contractor honeAddressContractor hired for work: Name «e «� 24 Address 53� Date for scheduled abandonment z The septic system at the above address has been-4bandoned according to Title V specifications. ' r Si ire of C for Method of septic tank abandonment (check one). O removal O landfill ( crush O other Name of Offal Hauler / , �. 4'75 — Z S This form must be returned to the North Andover Board of Health. PLEASE DO NOT WRITE IN THE SPACE BELOW FOR HEALTH REPRESENTATIVE'S USE ONLY. Inspecting Agent Date 303 HILLSIDE ROAD 025.0-0017 Complaint Detail Report Printed On:Fri Feb 11,2005 o»rpl >nt#: CT 25O�1441 status.< Nosed GIS# _.;112? .. .. Vrol�t�r tyetr ddlresst1 HCT T.Spt0 Neap 2S Address ate Recvd Jan 31 ©(15' True Reevd (11.I6 PM Bleck, [T1? otpe R Cat Qry.: 11iTtIT111 TJ 1Vddule, BOard Qf Hea1t11 �tS�1'1Ct'; Trade �rdcd By, Pamela l elleChlalF Zlt... St»#.tie SCC1p1tH1ri E»! lRtElt Rcecyed a call ilra�n Haney Sehiilratt,a resclnt and board member aP#he.conda assoc[atton there Evidently there 1. �s a prablem w�tb the netghbar who abuts the prAperty at Q3.Hillside 3vanue fft3der;on l le M intau s a duck pea and feeds approxuziately 112 dozen ducks 3vhtel ks also attiacGttp fai ge arnotir is{tf gzgeatts the pigeons are congregatrag on the rootlops oftlte condohomes end becomg a nuisance s ehubart and her assac�ates have worked wtttx It Ir:Anderson:amrcably inthe past but the sr[uatum as gettmg.to the pond where tt is beeounng a groblein I3er mam zluest©n is flys then dries siittaton hl€a this becsime a ltealth;hazard and a#what point should asxson:be taken :Sita does iat want to eanse probleuts S.he has a Board eett g ivmorFow tught :and wotil�ldce tv gjve the association some u or attars So before,anyoz fro n the health Relit Cxoas ou she vaul. wttlx Susan first .. Please:note that there n i A Tertumt to mauttttin ducks at the .0 4ide Road addiess enhaF. lease tam .Schubarf Yo discuss:t#te situation before onp farther action rs;taken pd Callers Date Time Name Phone Best Time To Reach Recorded By Response Jan-31-2005 1:16 PM Nancy Schubart (978)686-0536() Pamela DelleChiaie Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health CLOSED Feb-02-2005 1:59 PM Follow-Up by Health Ms.Sawyer called Ms.Schubert and discussed Inspector the issue. Does not wish to file formal complaint at this time. Told her the nuisance laws or zoning may help if they file.--Susan Sawyer GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. Page 1 of 1 303 HILLSIDE ROAD 025.0-0017 CO int Detail Printed On:Mon Jan 31,2005 Complaint#: CT-2005-000041 Status: In discovery GIS#: 1127 Violator: Address: 303 HILLSIDE ROAD Map: 025.0 Address: Date Recvd.: Jan-31-2005 Time Recvd.: 0 1:16 PM Block: 0017 Category: Animal Lot: Type: GeoTMS Module: Board of Health District Trade: Recorded By: Pamela DelleChiaie Zoning: Structure: Description Complaint Received a call from Nancy Schubart,a resident,and board member of the condo association there. Evidently,there is a problem with the neighbor who abuts the property at 303 Hillside Avenue,Bob Anderson. He maintains a duck pen and feeds approximately 1/2 dozen ducks,which is also attracting large amounts of pigeons. The pigeons are congregating on the rooftops of the condo homes,and becoming a nuisance. Ms.Schubart and her associates have worked with Mr.Anderson amicably in the past,but the situation is getting to the point where it is becoming a problem. Her main question is this: When does a situation like this become a health hazard,and at what point should action be taken. She does not want to cause problems. She has a board meeting tomorrow night,and would like to give the association some information. So,before,anyone from the Health Dept.Goes out,she would like to speak with Susan first. Please note that there is no Animal Permit to maintain ducks at the Hillside Road address either. Please call Ms.Schubart to discuss the situation before any further action is taken.--p.d. Comments Callers Date Time Name Phone Best Time To Reach Recorded By Response Jan-31-2005 1:16 PM Nancy Schubart (978)686-0536 Q Pamela DelleChiaie Follow-Up by Health Director Actions GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Z�s../o S ys ! �. il r-A. H�_ / y rl I.J 9 47--im&ft i kqa� &*'_.L�y GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. Page 1 of 1