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HomeMy WebLinkAboutMiscellaneous - 426 FARNUM STREET 4/30/2018 (2) 47L FA�WVM �G // 1 ' � 5�,4?L'Epl�6' • North Andover Health Department (ommunity and Economic Development Division NORTH ANDOVER BOARD OF HEALTH Date: 7/27/16 To Owner of Record: Property Location: John C. Farnum Estate Brook Street 426 Farnum Street Map 107A Parcels North Andover,MA 01845 246,247,248,31,259,40,43 Dear John C. Farnum Estate: The North Andover.Health Department is contacting you in regard to the beaver activity located on the aforementioned parcels owned and operated by you and/or your estate. On June 1, 2009 North. Andover Health Department personnel inspected your property and sent you an Order Letter dated June 1, 2009 (copy attached) requesting you manage any beaver damns located on your properties that were adversely impacting any adjacent public roadways or private properties. Please be aware that you are responsible for mitigating any beaver activity taking place on your property that negatively impacts public ways and private properties abutting your land. On July 20, 2016, the Board of Health noted that there currently appears to be minimal beaver activity in this area. However, please be aware that repeated flooding of Brook Street has compromised the integrity and stability of the roadway. Any additional rise in water levels may create a threat to human health, property and/or safety of others which in accordance with Section 73.4 of the Beaver Bylaw will require the action of the property owner: "It shall be the duty of each property owner to manage any damns or blockages on their property in accordance with all applicable latus, rules and � regulations, and so to minimize or eliminate damage or threat..." Page 1 of 2 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 As noted in the Order Letter attached is the Boards ability under Massachusetts General Laws Chapter 111 Section 123 to request the owner or occupant of any private premises to abate any such nuisances found thereon at their own expense. Please understand the intent of this correspondence is to encourage mitigation and ongoing maintenance of the beaver issues located on your land to protect the surrounding properties and the structural integrity of a public way adjacent to these wetland areas. Please feel free to call me at the North Andover Health Department(978) 688-9540 or Jennifer Hughes at the North Andover Conservation Commission (978) 688- 9530 if you have any questions,comments or concerns. Our hours are 8:00-4:30 on Monday,Wednesday and Thursday, 8:00-6:00 on Tuesday and 8:00-12:00 on Friday. Sincerely, ian J.-aGrasse,CE T Director of Public Health CC: BOH Conservation Commission Division of Public Works File Page 2 of 2 North Andover Health.Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 F t10R7y "9 O O = t++ � O cocMu�iw.tw A' SSAC NUS���y PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Date: June 1, 2009 To Owner of Record: Property Location: John C Farnum Estate Brook Street 426 Farnum Street Map 107A Parcels North Andover, MA 01845 246, 247,248, 31, 259, 40, 43 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on June 1, 2009. Specifically observed was the area of the small bridge which spans the brook. The Health Department inspected your property after receiving a complaint that the North Andover Department of Public Works had closed this public road due to unsafe conditions. These conditions were the direct,result of the beaver activity in the area. The water held back by the beavers has undermined the road, thus creating the unsafe condition.DPW cannot repair the road until the condition is abated. This office has determined that the location of the dam is likely located on the properties above. As such this inspection revealed violations of certain regulations of the North Andover by law, Chapter 37. BEAVER BYLAW—PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.4: Responsibility of Property Owners It shall be the duty of each property owner to manage any dams or blockages on their property in accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate damage or threat to human health and safety of others. This notification of responsibility is in accordance with section 73.6 Section 73.6: Board of Health to Notify Responsible Parties In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to human health or safety due to a dam or blockage on a particular property, the Board will immediately notify the property owner and direct that the property owner 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. The authority to issue this order to correct is based upon MA General Laws Chapter 111: Section 123.Abatement by owner; penalty Section 123. Said board shall order the owner or occupant of any private premises, at his own expense,to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. You are hereby ordered the following: 1) Must hire a.licensed wildlife control manager,who specializes in beaver issues,who will abate the problem by all legal measures. Said contractor must be hired within seven (7) days of receipt of this letter. 2) The contractor must investigate the issue of the complaint and propose a solution within fourteen(14) of hiring. This proposal must be approved by the North Andover Health Department and the Conservation Administrator and proper permits must be issued. 3) The contractor must execute this plan no later than thirty (30) days of receipt of this letter. Please note that the dam is protected by the Division of Fish and Wildlife and the DEP. Unapproved tampering of a dam may result in further legal action. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan S ,RS/REHS Public Health Director Cc: Bruce Tibedeau, Director of Public Works Jennifer Hughes, Conservation Administrator Gene Willis, Town Engineer 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com BROOK STREET Complaint Detail Report Printed On:Tue Aug 05,2014 Complaint#: CT-2014-000047 Status: IClosed GIS#: Violator: FARNUM,JOHN C ESTATE ,r►tEn, Address: BROOK STREET Map: Address: 426 FARNUM STREET —" Date Recvd.: Apr-28-2014 ITime Recvd.: 03:42 PM Block: NORTH ANDOVER,MA 018 ` Category: Beavers Lot: Type: Residential GeoTMS Module: lBoard of Health District: Trade: Recorded By: Lisa Blackburn Zoning: Structure: Description Complaint: Health Dept received a complaint from Jen Hughes,Con.Admin that Brook St.was not passable ude to water over the road from stream,The high water levelis likely due to beaver dams as it has beenin the past.Action letter written and sent 4/29/14.No response.Water has receeded. Comments: Inspector Assigned to Complaint: Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Apr-28-2014 3:42 PM Jen Hughes Lisa Blackburn Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL GeoTMS®2014 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Q ILS COPY PUBLIC HEALTH DEPARTMENT Community Development Division May 14, 2014 Francis A. Di Luna Murtha Cullina LLP, Attorneys at Law 600 Unicorn Park Drive Woburn, MA 01801 Re: John C. Farnum Estate Brook Street 426 Farnum Street Map 107A Parcels North Andover, MA 01845 246, 247, 248, 31, 259, 40, 43 Dear Attorney Di Luna, The Health Department is in receipt of your letter dated April 29, 2014. It is understood that a hearing is being requested, however before moving forward with the approval, the departments thought it was prudent to assess whether such a hearing would be productive. Modification or revocation of the items could possibly be better and more quickly addressed with Town Staff who are more familiar with the issue. The premise of our letter was identical to the conditions at Brook Street in 2009. At that time it was acknowledged by your client's wildlife expert that integrity of Brook Street was suffering from activity of the beavers on the farm property. This was discussed with NA Conservation, DPW and Mr. Farnum. Our intention in contacting Mr. Farnum recently was to open the familiar dialogue and, if there was work needed, to assist his wildlife specialist through the permitting path. It was not my intention that our letter sent in April would have resulted in this legal response. It was also noted in our letter however, that"If an inspection reveals that the problem does not exist on your property then no further action is required." We only ask for documentation stating such. I am asking that the request for a hearing be reconsidered, though it remains your right. Pagel of 2 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 .✓' To:John C. Farnum Estate re: Brook Street Beaver Issues 5/14/14 J 5� 4� 4 Unfortunately, due to unavoidable circumstances I will be out of the office for medical reasons approximately until the end of the month. In my absence, if you wish to discuss this alternate plan, I would request that you contact Jennifer Hughes, The NA Conservation Administrator. The records request for your letters known as "a, b, c" and"e"can be addressed immediately as there are no records. The items "d" and"f", regarding the foundation of the regulation or bylaw, do not lie within the Health Department, as they were decided by Town Meeting. Those may best be requested at the Town Clerk's Office. Conservation and Health staff were only given the enforcement of the task within the bylaw. Thank you for your consideration of this correspondence. Since 13 , /S san Sawy (RSIKHS PublicHealth Di for Cc: Bruce Thibodeau, Director of Public Works Jennifer Hughes, Conservation Administrator Curt Bellavance, Community Dev. Director Page 2 of 2 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 1 ` UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS ---' Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ` FAD/Farnum/Beaver Murtha Cullina LLP I Attorneys at Law 600 Unicorn Park Drive i I I Woburn, MA 01801 I - - I I i SENDER: COMPLETE THIS SECTION ON DELIVERY , ■ Complete items 1,2,and 3.Also complete A Signature Item 4 if Restricted Delivery is desired. X Agent r ■ Print your name and address on the reverse ❑Addressee M1 so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Rem 11 ❑Yes i 1. Article Addressed to: If YES,enter delivery address below: ❑No Susan Sawyer, Public Health •D . North Andover Board of Health Imo : 1600 Osgood Street Building 20, Suite 2096 North Andover, MA 01845 3. t'�ervloeType E3 Certified Mail ❑Express Mail I� ❑Registered EX Return Receipt fdtX%*ft)(fte ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7009 0960 '0001 2243 5653 } (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 MURTHA FRANCIS A.DI LUNA 781.897.4981 DIRECT TELEPHONE FDILUNA@MURTHALAW,COM May 8, 2014 BY CERTIFIED MAIL ARTICLE NO. 7009 0960 0001 2243 5653 Susan Sawyer; RS/REHS Public Health Director RECEIVED North Andover Board of Health �] 1600 Osgood Street MAY 12 2014 Building 20, Suite 2096 North Andover, MA 01845 TOWN OF NORTH ANDOVER ft Q 1eAr-TTH DEPARTMENT Re: "Order Letter" Dated April 29, 2014 Dear Ms. Sawyer: Pursuant to the terms and provisions of the above-mentioned Order Letter, on behalf of the Estate of John C. Farnum, I am requesting a hearing before the Board of Health as the Farnum Family feels the Letter Order should be modified or withdrawn. Prior to said hearing kindly forward to me copies of all records concerning the Letter Order. Also, pursuant to the provisions of G.L. c. 66, §10, within 10 days of receipt of this request, please provide to me copies of: a) All documents created or received within the past 24 months related to any nuisance, source of filth or cause of sickness emanating from the property location cited on the Order Letter,- b) etter;b) All documents created or received related to a threat to health or safety emanating from the property location cited on the Order Letter; c) All documents created or received related to articles capable of containing or conveying infections or contagious or of creating sickness brought into or conveyed to or from the property located cited in the Letter Order; d) All scientific reports or papers (peer reviewed or otherwise) considered by the Board of Health and/or the Town of North Andover during the drafting Murtha Cullina LLP I Attorneys at Law :o o oo � o,� 011• 600 Unicorn Park Drive I Woburn, MA 01801 1 Phone 781.933.5505 1 Fax 781.933.1530 1 www.murthalaw.com Susan Sawyer May 8, 2014 Page 2 of the warrant article and/or deliberation period related to the passing of North Andover Bylaw Chapter 73 including Sections 73.4 and 73.6. e) Copies of all Minutes of Board of Health Meetings that the property identified in the Letter Order was discussed during the past 24 months; and f) Copies of all documents "clarifying the meaning of any portion of Section 80A about which there is doubt or differing interpretation," as set forth in Section 73.3 of the Town of North Andover General Bylaw. Notwithstanding the above, North Andover's Public Wor s Departme i invited to clean the culvert at the causeway being the po-i o st of th eav rs that causes any flooding. cerely, Franci Di L FAD/mjf Enclosure cc: Ben Farnum 5235917.1 :o 0WA50@B o o•� Geo: