HomeMy WebLinkAboutMiscellaneous - 39 HAWKINS LANE 4/30/2018 (5)We, Tom & Maureen Scott, residing at 39 Hawkins Lane, North Andover and owners of
property known as assessors map 106C, parcel # 18 do hereby give permission to
Kathleen A. Bligh and her agents to obtain a permit to breach beaver dam, install a water
flow device, maintain this device as needed and trap beaver located on my property. The
said purpose �ofthhi consent is to alleviate problems associated with beaver activity at this
property d acent properties such as flooding, water damage, tree damage and other
Ms.
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As directed in the original Enforcement Order dated May 25, 2006 and the extended
Enforcement Order of June 1, 2006 for the property located at 39 Hawkins Lane, We
William K. Barrett and Kathleen A. Bligh do hereby agree to install and maintain the
water flow device being installed at the Beaver Dam site of Hawkins Lane.
William K. Barrett Date
It A -D'L
Kathleen A. Bligh Date'
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CONSERVATION DEPARTMENT
, Community Development Djivjision
junel,2006
Ms. Kathleen Bligh
Mr. Bill Barrett
216 Raleigh Tavern Lane
North Andover, MA 01845
RE: ENFORCEMENT ORDER- Beaver Dam at 39 Hawkins Lane, North Andover, MA
Dear Ms. Bligh and Mr. Barrett,
On May 25, 2006 the North Andover Conservation Commission issued an Enforcement Order to
perform work within the Emits of Boston Brook, located at 39 Hawkins Lane. Specific work
includes breeching the existing beaver dam and subsequently installing a water flow device at the
culvert on Hawkins Lanes, 'in order to alleviate flooding in and around the Granville Lane, Hawkins
Lane and Raleigh Tavern Lane areas. The deadline date to complete these activities is set at June 9,
2006. Mr. Bill Barrett has recently informed me that you have retained John Benedetto, Animal
Damage Control to complete work. However, Mr. Benedetto cannot mect the deadline of June 9"'.
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Mr. Barrett stated that on June 12 , Mr. Benedetto would begin to breech the dam over the course
of 4 — 5 days. Once the water level is at the desired elevation, the flow pipe win be *installed on or
beforejune 17". The water flow pipe will then be monitor for 7 — 10 days to ensure that it is
working as designed.
Therefore,. this letter has been prepared authorize the extension of the deadline date to
Tuesday, ' June 27, 2006. and will act as an addendum to the original Enforcement Order.
This deadline will not be extended again. Please also be aware that you are still responsible for
adhering to the conditions set forth in the original Enforcement Order, datedMay 25, 2006. Failure
to meet the imposed deadline or any of the requirements outlined in the Enforcement Order will
result in future enforcement action, including a fine of not more than $300.00. Each day or portion
thereof durig which a violation continues, or unauthorized fill or other alteration remains 'in place,
shall * constitute a separate offense, and each provision of the bylaw, regulations, permits, or
administrative orders violated shall constitute a separate offcnce'.
North Andover Wetlands Protection Bylaw, Section 178.10, Enforcement, investigations & Violations.
I Out) Usgood Nfreet, Building 20, Suite 2-36, North Andover, Massa chusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www. http://www. to wnof north andover.com/con serve]. htm
Should you have any questions / cornments regarding the cbritents of this letter and attached
Enforcement Order, please do not hesitate to contact the undersigned at your earliest convenience.
Thanking you in advance for your anticipated coopera
I tion with this matter.
Respectfully,
NORTH ANDO VER CO RVATION DEPARTMENT
Pamela A. Merrill
Conseivation Associate
Cc: Alison McKay, Conservation -Adrruinistrator
Thomas & Maureen Scott, 39 Hawkins Lane, North Andover
Susan Sawyer, Health Department Director
Michele Grant, Health Inspector
Curt Bellavance, AICP, Community Development Director
Department of Environmental Protection, NERO, Wetlands Division
File
1600 Osgood Street, Building -70, �Suite 2�16,North �Andov`erMosi`ochusetts �01 845��
Phone 978.688.9530 Fax 978.688.9542 Web www. http://www.townofnorthandover.com/con serve 1.htrn
NORTH ANDOVER CONSERVATION COMMISSION
SITE INSPECTION SHEET
DEP File # 242-/
Do not have permit with the NACC
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
This Enforcement Order is issued by:
North Andover Conservation Commission May 25, 2006
Conservation Commission (issuing Authority) Date
To: FILE COPY
Kathleen Bligh & Bill Barrett
Name of Violator
216 Raleigh Tavern Lane, North Andover
Address
1. Location of Violation:
Thomas & Maureen Scott
Property Owner (if different)
39 Hawkins Lane
Street Address
North Andover
Cityrrown
Map 106C
Assessors Map/Plat Number
01845
Zip Code
Lots 18 & 124
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
DEP File Number:
The Enforcement Order is being issued as a mechanism to perform work within the limits of Boston
Brook at 39 Hawkins Lane, North Andover. Specific work includes installing a water flow device into
an existing beaver dam, in order to alleviate flooding problems along Hawkins Lane, Granville Lane,
and Raleigh Tavern Lane. This Enforcement Order shall expire on Friday, June 9, 2006. Please see
the attached letter prepared by the North Andover Conservation Department, dated May 25, 2006 for
additional information and SDecific conditions.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310
CMR 10.00), because:
E the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
wpaformga.doc - rev, 7114/04 Page 1 of 4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
F;�- rA 4
�El thhact2i�h% been/is being conducted in an area subject to protection under c. 131, § 40 or the
,buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name
File Number
F-1 The Order of Conditions expired on (date):
Date
Dated
Condition number(s)
0 The activity violates provisions of the Certificate of Compliance.
F -I The activity is outside the areas subject to protection under IVIGL c. 131 s.40 and the buffer zone,
but has altered an area subject to IVIGL c. 131 s.40.
El Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
EJ The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
F-1 A restoration plan shall be filed with the issuing authority on or before
for the following:
Date
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc - rev. 7/14/04 Page 2 of 4
LlMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order (cont.)
F-1 Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Sig natures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Pamela A. Merrill, Conservation Associate or Alison McKay, Conservation Administrator
Name
978.688.9530
Phone Number
Monday - Friday, 8:30 to 4:30pm
Hours/Days Available
Issued by:
North Andover Conservation Commission
Conservation Commission
wpaform9a.doc - rev. 7114/04 Page 3 of 4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Conservation Commission signatures required on following page.
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
1-;()2-u1)51 L) cCaX�q3q";�-i�,
Signature of delivery person or certified mail number
wpaform9a.doc - rev, 7/14104 Page 4 of 4
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CONSERVATION DEPARTMENT
Community Developmcnt Division
May 25, 2006
Ms. Kathleen Bligh
Mr. Bill Barrett
216 Raleigh Tavern Lane
North Andover, MA 01845
CERTIFIED MAIL#70020510000008939783
RE: ENFORCEMENT ORDER- Beaver Dam at 39 Hawkins Lane, North Andoverl MA
Dear Ms. Bligh and Mr. Barrett,
This letter and attached Enforcement Order are being issued to you, as the people who are
ultimately responsible for the actions and / or work performed at the above referenced property.
You must ensure that all of the requirements outlined in these documents are adhered to. Failure to
comply with the requirements outlined in this letter win result in further enforcement action. If you
have any questions about the contents of this Enforcement Order, please contact the Conservation
Department for further guidance.
This Enforcement Order is being issued as a mechanism to perform work within the limits of
Boston Brook, located at 39 Hawkins Lane. Specific work will include installing a water flow device
in the beaver dam at the culvert on Hawkins Lanes, in order to alleviate flooding in and around the
Granville Lane, Hawkins Lane and Raleigh Tavern Lane areas. Due to the major rain event on May
13"' & 14"', the force and volume of Boston Brook had breeched the beaver darn. Water levels
within this area have dropped approximately 15'; however the volume is still substantially larger than
normal conditions, and the majority of the beaver dam is still under water. It's my understanding
that Thomas and Maureen Scott, property owners of 39 Hawkins Lane has given you permission to
enter onto their property to install the water flow device. Please be aware, you will also be the parties
whom are responsible for maintaining the water flow device on an as needed basis, in perpetuity. If
this responsibility should change at any given time, please inform the Conservation Department in
writing, who will assume responsibility.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web www. http://www.to wn of north a ndo ver. corn/con serve]. htm
The North Andover Conservation Commission (NACC) hereby mandates the following conditions
under this Enforcement Order:
Prior to the commencement of any work, please submit a written consent letter signed by
Thomas and Maureen Scott giving you permission to access their property in order to install the
water flow device. Additionally, please subtluit a written affidavit, which win designate the two of
you as the responsible parties for maintaining the water flow device on an as needed basis, in
perpetuity.
This pertmt, or a copy thereof, shall be carried on the person(s) exercising the authority thereof,
and shall be shown upon request to an Agent of the Conservation Commiission, any agent of the
Department of Fisheries Wildlife and Environmental Law Enforcement, or to any officer
empowered to enforce the provisions of MGL Chapter 131, Section 40.
Prior to the commencement of any work, the hired professional installer shall notify the
Conservation Department with anticipated 'installation dates.
Limited breaching of the beaver dam shall occur by hand only. No mechanical
machinery is allowed for the breaching activities.
No breaching of the dam shall occur during and / or following a major storm event (.5 inches or
greater of rainfall). Furthermore, no breaching shall occur unless a rain event as described above
has adequately infiltrated (resulting in a lower water table).
Breaching of the dam must be limited to a maximum of 2-feetmi length and 6 -inches in height,
unless otherwise authorized by the Conservation Department. The hired professional shall
contact the Conservation Department if a larger breaching area is necessary.
Limited breaching of the dam must be carefully conducted to prevent downstream flooding;
im in
adverse i pacts to the wildlife habitat located upstream and downstream, i cluding the created
beaver habitat; and changes to the hydrology of the wetland resource area. Breaching activities
shall only occur at the beaver dam located at the culvert on Hawkins Lane.
Upon completion of the breaching activities, you shall contact the Conservation
Department, so that we may conduct an inspection to ensure that wildlife habitat and the
hydrology of the wedand resource system have not been significantly impacted or altered.
--- All work shall be completed by no later than Friday, June 9. 2006.
If the activities are not met by the imposed deadline, or if the Commission is not satisfied with any
portion of the work that has been done, the NACC reserves the right to modify this Enforcement
Order, which may result in future enforcement action, including a fine of not more than $300.00.
Each day or portion thereof during which a violation continues, or unauthorized fin or other
alteration remains in place, shall constitute a separate offense, and each provision of the bylaw,
regulations, permits, or administrative orders violated shall constitute a separate offence'. However,
a fine will not be levied at this time.
North Andover Wetlands Protection Bylaw, Section 178.10, Enforcement, Investiptions & Violations.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 918.688.9530 Fox 978.688.9542 Web www. http://www.townofnorthandover.com/conservel.htm
Should you have any questions / comments regarding the contents of this letter and attached
Enforcement Order, please do not hesitate to contact the undersigned at your earliest convenience.
Thanking you in advance for your anticipated cooperation with this matter.
Respectfully,
NORTH ANDOVER CONSERVATION DEPARTMENT
Conservation Associate
E n c.
Cc: Alison McKay, Conservation Administrator
Thomas & Maureen Scott, 39 Hawkins Lane, North Andover
Susan Sawyer, Health Department Director
Michele Grant, Health Inspector
Curt Bellavance, AICP, Community Development Director
Department of Environmental Protection, NERO, Wetlands Division
File
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Masso(husetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web www.http://www.townofnorthandover.(om/con serve l.htm
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PUBLIC HEALTH DEPARTMENT
Community Development Division
May 16, 2006
Ms. Kathleen A. Bligh
216 Raleigh Tavern Lane
North Andover, MA 0 1845
RE: EMERGENCY PERMIT TO MANAGE BEAVER OR MUSKRAT THREAT at
216 Raleigh Tavern Lane, North Andover
Dear Ms. Bligh,
This letter has been prepared to inform you that your application for a I 0 -day emergency
permit to harvest the beavers in the 39 Hawkins Lane area has been DENIED. The North
Andover Health Department has reviewed the application and has conducted two (2) site
inspections on May 9, 2006, and most recently on May 15, 2006 following 13" of precipitation
with personnel from the Conservation Department. During both inspections, we did not note an
imminent human health or safety risk, as defined in M.G.L. c. 13 1, §. 80A, (a) through (i).
Furthermore, we did not observe any water overtopping the existing fieldstone wall immediately
upslope of the edge of the Bordering Vegetated Wetland (BVW), along the left side of the
driveway. It was noted that approximately 20 trees have been cut down within the limits of the
wetland. In conversations held with, Mr. Bill Barrett, it is our understanding that you have been
removing the hazardous trees within the wetland without Conservation Department's approval.
Please be aware you can employ one of the following options for resolving the problem even
though the criteria for an emergency I 0 -day permit has not been met.
You can appeal this decision to the MA Department of Public Health (MDPH) for a
determination as to the existence of the threat;
You have the option to appeal this decision to the Division of Fisheries and Wildilfe (DFW)
if there is a question as to the cause of the threat;
Contact the Division of Fisheries & Wildlife for assistance with the solutions covered under
non -health & safety threat section of the law (last paragraph of M.G.L. c. 13 1, §. 80A).
If you decide to appeal this decision to either MDPH and / or DFW, the appeal must be made in
writing within 10 days of this letter by certified mail. The appellant must also include the denial
letter wTitten by the North Andover Health Department, along with he name, address, and phone
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.com
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.1 May 16.2006 22 16 Raleigh Tavern Lane Page 2 of 2
number of the applicant; the name, address, and phone number of the duly authorized agent (if
applicable); the address of the affected property; a statement of facts; a statement of the copy of
the request has been sent to the landowner (if the appellant is a duly authorized agent) and Board
of the town where the affected property is located; and a letter from the affected landowners
expressing consent for any beaver or muskrat -related work on or affecting their property.
Additionally, Conservation Commission approval is still necessary for breaching a dam or
installing a water flow devise.
If you choose to move forward with the application to the Division of Fish and Wildlife our
offices will assist you in this matter. This action is in accordance with the Town Beaver Bylaw.
In a case such as yours, where there is beaver activity, a desire to be proactive in the situation,
and the BOH finds that the criteria for an emergency permit is not met, the Health Department
has been charged with guiding you through this process.
Should you have any further questions or comments regarding the contents of this letter, or need
assistance with acquiring the appropriate permits through MDPH and / or DFW, please do not
hesitate to contact the undersigns earliest convenience.
Respectfully,
NORTH ANDOVER HEALTH DEPARTMENT
Sawyer, REHS/RS
Director
Cc: Alison McKay, Conservation Administrator
Pamela Merrill, Conservation Associate
Curt Bellavance, AICP, Community Development Director
Tom & Maureen Scott, 39 Hawkins Lane, North Andover
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com