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Home My WebLink AboutMiscellaneous - 500 WINTER STREET 4/30/2018N North Andover Board of Assessors Public Access It, Parcel ID: 210/104.A-0029-0000.0 SKETCH Click on Sketch to Enlarge Community: North Andover PHOTO lam u Availablic Location: 500 WINTER STREET Owner Name: CHASE, JAMES H GLADYS B CHASE Owner Address: 500 WINTER STREET City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 6 - 6 Land Area: 12.3 acres Use Code: 101- SNGL-FAM-RES Total Finished Area: 1162 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 468,900 446,800 Building Value: 120,800 114,400 Land Value: 348,100 332,400 Market Land Value: 348,100 Chapter Land Value: LATEST SALE Sale Price: 0 Sale Date: 12/31/1968 Arms Length Sale Code: N -NO -OTHER Grantor: Cert Doc: Book: 01142 Page: 0304 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=3&Linkld=807690 Page 1 of 1 5/9/2006 �h .., _.., �? (� _.. .. V �� i ��' � � G/ ... _ � t' U TOWN OF NORTH ANDOVER OF NORTf� 1 Office of COMMUNITY DEVELOPMENT AND SERVICES F 3 9 HEALTH DEPARTMENT 10 -o a. 1600 Osgood Street 4 -• �9SSACMUS <4h Building 20, Suite 2-64 NORTH ANDOVER, MASSACHUSETTS 01845 978.688.9540 — Phone Michele E. Grant 978.688.8476 — FAX Public Health Inspector E-MAIL: healthdept@townofiiorthandover.com WEBSITE: http://www.townofnorthandover.com ORDER LETTER Issued under the provisions of Chapter 73 of the Beaver Bylaw. Protection from Damage Due to Beaver Dams and Blockages To Owner of Record: James H. Chase Gladys B. Chase 500 Winter Street North Andover, MA 01845 Property Location: 500 Winter Street North Andover, MA 01845 The North Andover Health Department personnel made an authorized inspection of your property at the above referenced address. This inspection revealed violations of certain regulations of Chapter 73 of the Beaver Bylaw, as listed on the attached Violation Form. You are bwreby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to A nfinw.-r "n14rf1 nv '"I -41M L. 1..�._... 1 is IH . )1rur.it tlu"I/ t if . MCI /1..:.. ...1.... 1 ilLf• ILL�t/C fILC I lY/LL LEI %CCI LCCaI (1 lLGCIf L/lY fJCltflG [!lC llFfLd!!,t 1/! 11 CC,Lt L/L L) VCJLS fCCE lJLLJ /fl tdG! .)fffJ[Rlt.f0 l.fC f{Lf!bLLfLC(•f- Of ?'f'L(flt4f F.L i'ufL. tt f C -f4 UC:EI lttf !)f4it•€ {LCi.Cf LfH ffLt•tsl fly. iffiAE45. {{l yF-r rr£rrs- t JFJ{J. f C�£•Y�l 4i i'�t A. !/V /ff.� ! £S'�/L. /./lt. 3 /C�F )/L./ P.tttt'�l // LV!llffl/ .[C•Vf'�l/ i / F tJ[LV.i l�f [)iIf fllt'� I C�£�t':l.l if !/F Ff!/.[ Re: Property: 500 Winter'Street — ORDER LETTER From: North Andover Health Department Date: May 10, 2006 Page 2 of 2 An authorized inspection of 500 Winter Street was performed by the Health and Conservation Department staff on Monday, May 8, 2006, at which time violations of Chapter 73 of the Beaver Bylaw were found. Failure to respond within the allotted time period may result in a Board of Health finding that the property is unfit for human habitation. All violations must be corrected within (14) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regulatory Reference Re-Inspection/Notes To be completed within 14 Days after Receipt of this Order Letter It was observed that the rear of your Chapter 73 of the Beaver Bylaw: Note: property currently has an old, Protection from Damage Due to Property owner was unauthorized pipe that needs to be Beaver Dams and Blockages contacted by phone on taken out and replaced with a pipe more conducive to reducing the flow 5/10/06 and given the phone of water in the area. Chapter 111: Section 123. number to contact Beaver Regulations relative to nuisances; Solutions to help with this examinations. Section 73.4: issue. Property Owners: Section 123 Abatement by owner It shall be the duty of the Said board shall order the owner owner to manage property g or occupant of any private .Spoke to Gladys on 5-31-06, an dams or blockages on y g premises, at his own expense, to remove any nuisance, source of she indicated that her son their property in accordance filth or cause or cause of intends to trap the beavers. with all applicable laws, sick:rEess found thereon witlfirr I asked her to have Jim to rules, and regulations, and so twenty-four hours, or within such call me as to frfffffffffye of` elinli Fate other time as it considers damage or threat to human reasonable, after notice: and an Spoke to Mike from Beaver health and safety of others. owner or occupant shall forfeit Solutions on 6-2-06 He will not r:.ore than one fl.ousand put a proposal together this dollars for everyday during weekend regarding Winter which he knowingly violates such street. His thought is to put order. Chapter 111: Section 125. a pipe through the dam to Removal of nuisance by board. drop the water level down 1 Section 125. Foot. Mike and I will review ff the oivne'' or occ'--ant Fails to the proposal together after comply with such order, the we receive it. board may cause the nuisance, source of filth or cause of Mike installed the beaver sickness to be removed, and all deceiver the week of June expenses incurred thereby shall 12 12 constitute a dept due the city or city or town upon completion of the occupant, and shall be Left a message with Mike on recoverable from such owner or July 6, 2006. Would like to occupant in an action of issue COC contract. t 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. rah A. Violation Information This Enforcement Order is issued by: To: North Andover Conservation Commission Conservation Commission (Issuing Authority) James Chase Name of Violator 500 Winter Street, North Andover, MA 01845 Address 1. Location of Violation: Property Owner (if different) Street Address City/Town Map 104A Assessors Map/Plat Number June 13, 2006 Date Zip Code Lot 29 Parcel/Lot Number v 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 a jurisdictioanl Bordering Vegetated Wetland and a perennial stream (direct tributary of Rocky Brook) at 500 Winter Street, North Andover. Specific work includes installing one 15" Flexible Pond Leveler in an existing beaver dam, in order to alleviate flooding problems along Winter Street and Saw Mill Road. This Enforcement Order shall expire on Tuesday, July 11, 2006 to allow the pipe to be subsequently monitor to ensure that it is functioning as intended. Please see the attached letter dated June 13, 2006 prepared by the North Andover Conservation Department for additional information and specific instructions. 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: wpaform9a.doc • rev. 7/14104 Page 1 of 4 L1�11Massachustetts 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 1,0 ® 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 Determination). B. Findings (cont.) ❑ the activity has 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 ❑ The Order of Conditions expired on (date): Date Dated Condition number(s) ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ❑ 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. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: wpaform9a.doc • rev. 7/14/04 Page 2 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 The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. C. Order (cont.) ❑ 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/Signatures 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. 7/14/04 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: 2 00CC00ff Signature of delivery person or certified mail number wpaform9a.doc • rev. 7/14/04 Page 4 of 4 p10RTM O��t�e° 6�ti0 0 CONSERVATION DEPARTMENT Community Development Division June 13, 2006 James Chase 500 Winter Street North Andover, MA 01845 CERTIFIED MAIL#70020510000008939769 RE: ENFORCEMENT ORDER- Beaver Dam at 500 Winter Street, North Andover, MA Dear Mr. Chase, This letter and attached Enforcement Order are being issued to you, as the person who is 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 will 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. It has been brought to my attention that the North Andover Health Department has issued an Order Letter for violations of Chapter 73, Beaver Bylaw. You were mandated to remedy these violations by retaining a professional contractor to identify / implement a solution. It is my understanding that you have retained Michael Callahan, Beaver Solutions. In a letter prepared by Mr. Callahan, dated June 4, 2006 it states that installing one (1), 15" Flexible Pond Leveler would lower the water level back to desirable level. Moreover, yearly maintenance of the flow pipe is critical for the long-term effectiveness of this device. As such, this Enforcement Order is being issued as a mechanism to perform work within the limits of perennial stream and associated Bordering Vegetated Wetland (BVW) (direct tributary to Rocky Brook), located at 500 Winter Street. Specific work will include installing one (1), 15" Flexible Pond Leveler in the beaver dam upstream from the culvert on Saw Mill Road, in order to alleviate flooding in and around the Winter Street and Saw Mill Road areas. In a phone conversation with Mr. Callahan today, the flow pipe is to be installed on Friday, June 16, 2006. Mr. Callahan will return to the site 1 — 2 weeks after the installation to monitor the functionality of the pipe and to make any necessary field adjustments. The North .Andover Conservation Commission (NACC) hereby mandates the following conditions under this Enforcement Order: This permit, 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 Commission, 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. 1.600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 - Phone 978.688.9530 Fax 978.688.9542 Web www. http://www.townofnorthondover.corn/conserve].htm l ,j 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 -foot in 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; adverse impacts to the wildlife habitat located upstream and downstream, including 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 500 Winter Street, upstream from the culvert on Saw Mill Road. Upon completion of the breaching activities, you or Beaver Solutions shall contact the Conservation Department, so that we may conduct an inspection to ensure that wildlife habitat and the hydrology of the wetland resource system have not been significantly impacted or altered. :• All work shall be completed by no later than Tuesday., Tully 11, 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 frll 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. 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 CQNSERVATION DEPARTMENT Pamela A. Merrill Conservation Associate Eric. North Andover Wetlands Protection Bylaw, Section 178.10, Enforcement, Investigations & Violations. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www. http://www.townofnorthandover.com/conservel.htm t Cc: Alison McKay, Conservation Administrator 4' Susan Saxvyer, Health Department Director Michele Grant, Health Inspector Curt Bellavance, AICP, Community Development Director Michael Callahan, Beaver Solutions (via facsimile) Department of Environmental Protection, NERO, Wetlands Division File 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www. http://www.townofnorthondover.com/conserveI htm B 1 A V I R SOLUTIONS 14 Mountain Rd, Southampton, MA 01073 Phone /Fax: (413) 527-6472 Website: www.beaversolutions.com June 3, 2006 James Chase - C (• RECEIVED JUN - 6 2006 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 500 Winter Street North Andover, MA 01845 Dear Jim, Thank you for the opportunity to evaluate the beaver dammi4i issue aff c� tin our Y pp tY g g Y neighbors and your property in North Andover, MA. This letter will describe my findings and recommendations regarding the beaver situation on your property. Please feel free to contact me if you have any questions or concerns regarding this report. As you know, years ago beavers dammed the outlet of the marsh on your property near Sawmill Road. This dam currently is raising the water level approximately 2.5 feet. The higher water level is close to Winter Street and apparently is partially flooding a neighbor's yard. Due to these concerns the Town has ordered you to remedy both of these issues in accordance with Section 73.4 of the North Andover Town By -Laws. I recently received and reviewed a copy of the Order Letter sent to you from the Health Department. On Friday, June 2nd I was able to speak on the phone with both the Health and Conservation Departments. Michele Grant, Public Health Inspector informed me that their Department does not feel that this beaver problem warrants an Emergency Beaver Permit. This means that trapping cannot be done until the start of trapping season on November 1St. Both the Health and Conservation Departments want the pond lowered but ideally not more than a foot. From my discussion with you at the site visit on May 23`d I understand that you would like to see the pond revert to the marsh that is used to be before the beavers arrived. These different goals are difficult to reconcile. Since 1998 we have resolved over 450 human / beaver conflicts in a long term, cost effective manner using flow devices such as culvert protective fences and beaver dam pipes. In our experience flow devices are the best solution for most beaver conflicts in terms of overall cost, reliability, low labor and environmental benefits. However, without initially trapping, pipes can usually only lower a beaver pond up to one foot. At the time of my site visit the water level was at the top of the dam. There was fresh mud on the dam indicating that the beavers were trying to raise the height of the dam. The water had risen approximately 30 inches from the level downstream of the dam. This relatively shallow depth means that any pipes installed through the dam could prevent the pond from enlarging but could only lower the level a maximum of one foot unless trapping was also utilized. Pipes cannot meet your desire to drain the pond. The pond will only revert to a marsh if the beavers are gone. This could occur under two conditions. First, if the beavers move out because their food supply is exhausted. This likely would be years from now. Or second, if all the beavers in the pond are trapped. As the Town's Order Letter indicated, you have the right to appeal their order to install a beaver dam pipe to the NIA Department of Public Health. However, unless your appeal was upheld, the North Andover Health Department is not planning on issuing an Emergency Permit for out -of -season beaver trapping. If pipes were installed they would have to have sufficient capacity to carry the entire brook. Based on the size of the watershed and my estimate of the seasonal stream flows one fifteen inch diameter Flexible Pond LevelerTM pipe would be needed. This should be sufficient capacity to control the pond level. Note that while the pond may rise temporarily during high runoff periods, the Flexible Pond LevelerTM would lower it back to the desired level. See enclosed Estimate. Very little maintenance is required of these devices, although the small amount of maintenance is very important. Each spring the Flexible Pond LevelerTM system should be inspected for winter ice damage and the pipe adjusted if necessary. The cost of this annual service is included on the estimate. At no additional cost, every device that we maintain is covered by our Beaver SolutionsTM Guarantee. See attached. When properly maintained a pipe system will remain functional as long as beavers remain in the area. While the pipes can maintain the water level at this dam, they cannot prevent beavers from building dams upstream or downstream of this pond. These secondary ponds are usually smaller but sometimes can be problematic and need to be piped. The lower the water level in the primary pond, the greater the risk of new problematic dams, so we always recommend that beaver ponds be lowered only enough to protect human interests. Due to the downstream water depth and topography I feel there is a low risk of a new problematic dam being built downstream of this dam. If you decide to trap, note that trapping is likely to be a short term solution because this area is ideal beaver habitat with a fair amount of woody vegetation that they can use for food. This means that new beavers will likely relocate to this area every year or two. Trapping will need to be repeated indefinitely. Annual beaver trapping season is from November 1 st through April 15th. During beaver trapping season any MA licensed trapper can trap using live catch traps and no permit is needed. Landowner permission is required however. A permit does need to be obtained from the local Board of Health for out -of -season trapping if the allowed traps are used. Following trapping the dam could be allowed to erode naturally, or it could be manually breached to immediately restore unrestricted stream flow. Any breaching would require a Board of Health permit and Conservation Commission approval. Please contact me if you have any questions or concerns. Thank you for the opportunity to evaluate this beaver issue. Sincerely, Michael Callahan, Owner cc: N. Andover Health Department N. Andover Conservation Department BEST MANAGEMENT PRACTICES FOR BEAVER PROBLEMS MICHAEL CALLAHAN ABSTRACT Sion; reduction of waterborne particles, The North American beaver (Castor toxins, and excess nu- canadensis) is an important "keystone" species, but its ecologically valuable dam building activities can result in extensive property damage. Traditionally, beavers were managed by trapping; however, this has resulted in the loss of many wetland benefits. Our recent study, reported in the April 2003 AMWS newsletter, demon- strated the efficacy of flow devices as a best management practice for beaver conflicts. This follow-up study expands upon those results, and also compares the efficacy of flow devices to trapping. A total of 482 beaver conflict sites were evaluated in this study. Of this, 413 (86%) sites were se- lected to be managed with flow devices, and 69 sites (14%) were selected for trap- ping. The results of this study are consis- tent with our 2003 AMWS study, and strongly support the use of flow devices as the best management practice for the vast majority of beaver conflicts. Trapping is best reserved for the limited number of conflict sites where flow devices are not feasible. BACKGROUND The North American beaver is our largest rodent, and was nearly driven to extinc- tion 200 years ago by the unregulated fur trade. However, the fur trade declined and many abandoned New England farms have reverted to forest. As a result, beavers are common once again Beavers are aquatic mammals that build'dams on small and medium order streams to flood large ar- eas because they are safer in the water than on land. They are second only to hu- mans in their ability to transform their en- vironment to meet their own needs. By creating ponds and opening the forest canopy, beavers create a variety of new habitats. Over many millennia, innumer- able other species, many threatened or en- dangered, have adapted to these habitats and now depend upon them for their sur- vival. This makes beavers a "keystone" species. Beaver ponds also have other benefits in- cluding: aquifer recharge; decreased ero- Page 12 ' AMWS Newsletter No. 53 trients; decreased downstream flooding; maintenance of the water table; sustain- ing downstream flows during dry periods; and the preservation of open space. How- ever, better known are the problems that beavers sometimes cause: blocked cul- verts; washed out roads or railroad tracks,- the racks;the flooding of buildings, wells, septic sys- tems, or farms; and the loss of valuable trees. Traditionally, beaver conflicts were addressed by trapping and killing the bea- ver and breaching the dam. While this temporarily resolved the immediate prob- lem, many wetland benefits were lost and new beavers would often return to the area and re-establish the colony and dam. For decades, wildlife agencies and others have attempted to solve beaver conflicts with flow devices (e.g., beaver dam pipes or culvert protective fences) with poor re- sults. In Massachusetts, flow devices were effective only 4.5% of the time (Langlois and Decker, 1997). In New York, a simi- lar 3% success rate was reported (Hamelin et al., 1997). Due to these poor success rates, trapping remained the primary bea- ver management tool. More recently, flow device design improvements led to reports of high success rates at Clemson University (Wood et al., 1994); in Ottawa, Canada (M. LeClair, unpublished data); and in New England (Lisle, 1999, 2001, and 2003). In 2003, the largest study of flow devices to date was published in the AMWS News- letter by this researcher (Callahan, 2003). That study clearly dem- onstrated that the use of modern flow de- vices is cost-effective, long-term, and rep- resents an environmentally beneficial so- lution for most beaver -related flooding problems. METHODS The beaver conflict sites in this study con- sisted of either blocked culverts or high water levels resulting from beaver dams. Each blocked culvert was manually cleared of beaver damming materials, and then a Culvert Protective Fence (see Figure 1) was installed. In some cases, a Pond Leveler Pipe (see Figure 2) was also installed with the Culvert Protective Fence. High water from a free-standing beaver dam was low- ered with one or more Pond Leveler Pipes. Some sites were selected for trapping. Data collection was the responsibility of the au- thor, with assistance from Ruth Callahan and Donald LaFountain of Integrated Wild- life Control. All conflict sites in this study continued on Page 13 F'r� floCr net slic Figure 1. Culvert Protective Fence Diagrams Beaver (contV from Page 12) were in New England or New York, with the 98 percent of the study sites located in Massachusetts. RESULTS All 482 beaver conflict sites the author evaluated between November 1998 and February 2005 were included in this study. A total of 413 sites were managed with flow devices, and 69 sites were selected for trap- ping (see Table 1). The flow devices were in place for an average of 36.6 months, with a range of 3 months to 75 months. This represents 15,104 months (or 1,259 years) of total flow device operations. Excellent flow device success rates of ap- proximately 97% for culvert devices and 87% for Pond Leveler Pipes for free stand- ing beaver dams were observed. Cylindri- cal Fences were installed on 30 culverts in 1999 and 2000. However, due to a much higher failure rate (see Table 1) this de- sign was abandoned. The reasons why other flow devices failed are shown in Table 2. These reasons included a new dam, insufficient pipe capacity, no maintenance, dammed fencing, and vandalism. Trapping was the sole intervention method used at 69 sites. Typically, trapping was used at "No Tolerance" sites for beavers, which included: reservoirs; areas where the landowner did not want beavers; or areas where flow devices were not feasible due to development or topography issues. There were eight sites where the water level needed to be lowered over one vertical foot where trapping preceded the installation of Pond Leveler Pipes. DISCUSSION - A typical beaver colony impounds one-half mile of a stream, creating a series of ponds with dams. One potential concern for us- ing flow devices to manage beavers was that new problematic dams would be built once a flow device was installed. Since Massachusetts is the third most densely populated state in the nation, this was a considered a potentially serious issue. For- tunately, new problematic dams were not commonly seen (see Table 2). Our April 2003 study revealed that where flow devices were used there was only an average of 1.56 conflict sites per beaver colony (see Table 3). This study found that this number remained constant at 1.55 TABLE 1 - BEAVER MANAGEMENT STUDY OVERVIEW Culvert Devices Management Method Total Total Total Failed Failed Failed Sites Successful Failed < 1 Yr . 1-2 Yrs > 2 Yrs Culvert Devices 227 220 (97%) 7 (3%) 5 2 0 Pond Levelers 156 135( 87%) 21 (13%) 21 0 0 Cylindrical Fences 30 18 (60%) 12 (40%) 9 0 3 Trapping Only` 69 8 (16%) 43 (84%) 3 34 6 Total 482 Note: Follow-up data was not available for 18 of the 69 Trapping Only sites. conflict sites per colony despite the pas- sage of two years. Therefore, by control- ling a very limited number of conflict sites a large watershed area can be "beaver - proofed" without the worry of many new problem sites developing. COST ANALYSIS Beaver -related flooding has occasionally been known to cause tens of thousands of dollars in damage to roads, railroads, and buildings. In addition, repeated opening of blocked culverts with heavy equipment usually leads to culvert damage requiring expensive replacements. Preventing these expenses becomes very important to bud- get conscious towns and railroads. How- ever, every acre of wetland provides many benefits to man. So an ideal beaver man- agement method would be affordable, pre- vent costly damage, and maximize wetland acreage. The costs for various flow devices are provided in Table 4. While these meth- ods do have an initial cost, when averaged over ten years, these costs are reasonable, given the above possible alternatives. Trapping can quickly remove the offend- ing beavers. However, after trapping, a beaver dam will leak and the expanded wetland is drained. In addition, trapping tends to be a short-term solution because the original problem often returns within a year or two when a new beaver relocates to the area. Flow devices, on the other hand, stay in place all year long to control water levels so beavers can safely remain in the area. The long-term prevention of costly flood damage and the preservation of wetland acreage are both achieved with flow devices, but not by trapping. This gives flow devices distinct economic and ecological advantages. Wetland restora- continued on Page 14 TABLE 2 - REASONS FOR FLOW DEVICE FAILURE Reason for Failure Culvert Devices Pond Leveler Pipes Total Sites 227 156 New Dam ' 0 11 (7.1%) Insufficient Pipe Capacity 0 6 (3.8%) No Maintenance 4 (1.8%) 2 (1.3%) Dammed Fencing 2 (0.9%) 2 (1.3%) Vandalism 1 (0.4%) 0 Total Failure Rate 7(3.1%) 21 (13.5%) TABLE 3 - STUDY COMPARISONS April 2005 . Page 13 2003 Study 2005 Study Flow Device Sites 277 413 Beaver Colonies 177 266 Flow Device Sites per Colony 1.56 1.55 Average Acres/Colony 18.5 18.5 Total Wetland Acres that are Managed with Flow Devices 3,275 4,921 April 2005 . Page 13 Beaver (continued from Page 13) TABLE 4 - FLOW.DEVICE COST ANALYSIS Average Annual Annualized Cost Maintenance Cost (10 yr) Culvert Fence $750 $200 $275 Culvert Fence and Pipe $1,400 $150 $290 Flexible Leveler Pipe $1,000 $100 $200 tion is important for our economic and en- vironmental health. Unfortunately, the cost per acre of most wetland restoration projects can be quite high and they are not always successful. Beavers have re- turned to our landscape and are success- fully restoring historic inland wetlands at no cost unless a conflict occurs. When beaver conflicts are managed with flow de- vices, thousands of wetland acres may be restored at an extremely low relative cost. CONCLUSIONS This study provides further evidence that Culvert Protective Fences and Pond Lev- eler Pipes are the most cost-effective, long- term, and environmentally -friendly meth- ods to manage most beaver/human con- flicts. When compared to the cost per acre and the lower success rates of wetland restoration by humans, a very strong case can be made for promoting the use of flow devices to maximize restoration of historic inland wetlands by beavers. Nuisance beaver trapping is best reserved for those occasional conflict sites where a flow de- vice is either not feasible or fails, the wa- ter level needs to be drastically lowered, or the landowner wants no beavers or ponds on their property. .. _ . . .....,.. u_..._I_N__ Al- CO REFERENCES Callahan, M., 2003. Beaver Management Study, Association of Massachusetts Wet- land Scientists (AMWS) Newsletter, Vol. 44, pp 12-15. Hamelin, D., et. al., 1997. Beaver Damage Control Manual. New York State Depart- ment of Environmental Conservation, Bu- reau of Wildlife (cited in Langlois, et. al., 1997). Langlois, S.A. and T. A. Decker, 1997. The Use of Water Flow Devices and Problems Caused by Beaver in Massachusetts, MA Division of Fisheries and Wildlife, 13pp. Lisle, S., 1999. Wildlife programs at the Penobscot Nation, In: R. McCabe & S. Los (eds.), Transactions of the 64th North American Wildlife and Natural Resource Conference: 466-477, Wildlife Manage- ment Institute, Washington, D -C. Lisle, S., 2001. Beaver Management at the Penobscot Indian Nation, USA: Using Flow Devices to Protect Property and Create Wet- lands. In: A. Czech & G. Schwab (eds.), Proceedings of the 2nd European Beaver Symposium: 147-156. Carpathian Heri- tage Society, Krakow, Poland. Lisle, S., 2003. The Use and Potential of Flow Devices in Beaver Management, Lutra, 46 (2): pp 211-216. Wood, G.W. et al., 1994. The Clemson Pond Leveler, . Dept. of Aquaculture, Fisheries and Wildlife, Leaflet 1, G08 Lehotsky Hall, Clemson University, Clemson South Caro- lina, 29634. Michael Callahan Beaver Solutions mike@beaversolutions.com (413) 585-9145 RED SOILS ALL OVER ARTHUR ALLEN III, CPSS As south-central New England be- comes a focus of land development activities, undeveloped land has be- come more scarce and prices con- tinue to climb. As a result, in the last decade development of marginal ar- eas that are steeper, rockier, and wetter has increased. Of particular concern to me are areas with Brimfield Schist -influenced soils. The Brimfield Schist is a rock type that has a high iron oxide content. Iron oxide imparts a red color to the rock. As this rock weathers, it forms red soil. Because of the natural red color of soils formed in these parent materials, it is difficult to recognize the redoximorphic features that are typically seen in soils with seasonal high water tables. As development pressure continues to increase, it be- comes imperative to recognize and understand the influence of red soil colors in identifying high water tables and delineating wetlands. During the 13 years that I have been mapping, interpreting, delineating, and teaching about soils, I have wit- nessed the influence of red soil col- ors in Spodosols and Connecticut River valley soils with Mesozoic geo- logic parent materials. However, I have heard little discussion about the influence of Brimfield Schist parent materials on the soils of the region. In particular, soils in the central por- tion of Massachusetts, including the towns of Baldwinville, Barre, Brimfield, the Brookfields, Fiskdale, Holland, New Braintree, Sturbridge, Templeton, Wales, Warren, Williamsville, and Winchendon, are continued on Page 15 AMWS Association of Massachusetts • The 2005 Revisions to the Massachusetts Wetlands Protection Act Regulations • Notes from the Editor • President's Message • AMWS News • A Question to AMWS Members About Workshops �a% & ft 4Q C_ Wetland Scientists 11., ke C& 1&4 , , ow, e;„ Vr SO IJ f0ctiS r#4 ;DA ane_.r (qJ 3)./� •�G NEWSLETTER April 2005 No. 53 THE 2005 REVISIONS TO THE MASSACHUSETTS WETLANDS PROTECTION ACT REGULATIONS ALICE SMITH AND JOHN P. ROCKWOOD, PH.D., PWS • News About Recent AMWS The Revised Wetlands Protection Act regula- Workshop tions became effective on March 1, 2005. The • Information Resources Available electronic version of the regulations provided • Wetlands, Wetland Regulations, at the DEP web site at www.mass.gov/dep/ and the MSP: The AMWS and bro/ww/re/regs.htm represents an unofficial LSPA Joint Workshop copy of the regulations. Official copies of the revised regulations are published by the Sec- • AMWS 2005 Annual Meeting retary of State's Office and are currently avail - Replication and Restoration: Not Just for BVW Anymore able at the State House Book Store in Boston at (617) 727-2834, in Springfield at (413) 784- • Member News 1376, and in Fall River at (508) 646-1374. • Resissuance of the Massachusetts Copies of the revised regulations obtained at Programmatic General Permit the State House Book Store prior to March 11, 2005, when the regulations were tor - en or rected, contain errors. Updated wetland forms • Best Management Practices for and instructions which detail the filing re - Beaver ProblemsNOVquirements under the revised regulations are • s IOver available at the DEP web site at • Massachusetts River and Stream Arww.mass.gov/dep/brp/ww/wwforms.htm. Crossing Standards The "Preface" to the 2005 revisions, which is provided with the published regulations but does not form part of the regula- tions, pre- sents a sum- mary of the regulatory revisions and provides a discussion of public com- ments on the draft revi- sions and the Depart- ment's ratio- nale for the final regula- tory revi- SIMPLIFIED REVIEW PROCESS Although a number of revisions were included as part of the current round of regulatory re- visions, the most significant is the inclusion of a Simplified Review Process for projects that occur in the outer 50 feet of the Buffer Zone to Bordering Vegetated Wetlands and inland Bank. The Simplified Review Process uses the Abbreviated Notice of Resource Area De- lineation ("ANRAD")/Order of Resource Area Delineation ("ORAD") process to allow for op- tional self -certification of eligible projects with reduced opportunities for appeals. The goals of the Simplified Review Process are to pro- vide the same or better protection of wetlands than was previously provided; provide incen- tives to move projects further away from wet- lands; reduce the numbers of Notices of In- tent that are filed and the number of Orders of Conditions that are issued; and to reduce staff work load on Buffer Zone projects so that more effort may be spent on projects with a greater potential to affect wetlands and on en- forcement cases_ The regulations that describe this process are found at 310 CMR 10.02(2)(b)2. and state that activities within the Buffer Zone of any in- land resource area specified in 310 CMR 10.51 through 10.60 and outside any areas speci- fied in 310 CMR 10.02(1) are not subject to further regulation under M.G.L. c. 131, § 40, provided: (a) the applicant certifies at the time of filing an ANRAD that the work will meet the appli- cable regulatory requirements; stons. continued on Page 10 The Flexible Pond LevelerTM by Beaver SolutionsTM Beavers are excellent swimmers and build dams to create a safe watery environment for themselves. Unfortunately, sometimes the ponds they create cause problems for people. Our Flexible Pond LevelerTM pipe systems can control the size of problematic beaver ponds. They can resolve beaver -related flooding issues in the most long-term, cost-effective and environmentally friendly manner possible. The Flexible Pond LevelerTM by Beaver SolutionsTM is designed so that beavers cannot detect the flow of water into the pipe (see diagram). There is no discernible movement of water through the intake fencing so the beavers do not realize that the pipe is inside. In addition, leaves, etc. will not stick to the fencing, making maintenance negligible. The outflow end is hidden in the dam or protected with fencing. The pond level is controlled by the height of the pipe in the dam. Water will continuously flow through the pipe unless the pond level drops below the peak of the pipe. These pipes not only control water levels, they are also hidden from sight underwater and in the dam to maintain a natural appearance. During heavy runoff periods some minor pond rise is possible, but with sufficient pipe capacity the level soon returns to normal. Diagram — The Flexible Pond LevelerTM Beavers are very sensitive to drops in pond levels. Therefore it is best to lower the pond only enough to protect human interests. This reduces the risk of beavers building a new problematic dam. If the pond must be lowered by more than one foot, a short term trapping solution may be needed once during the installation. Maintenance is minimal and consists of inspecting the pipe and fencing each Spring for damage (rare) and adjusting the pipe if necessary to maintain the desired pond level. Beaver SolutionsTM guarantees every flow device we maintain, and offers this service at a low cost as we are committed to the success of our work and your complete satisfaction. We are licensed and fully insured. Beaver SolutionsTM Mike Callahan, Owner 14 Mountain Road Southampton, MA 01073 Phone/Fax: (413) 527-6472 E-mail: info@beaversolutions.com Web: www.beaversolutions.com Culvert Protective Fences by Beaver SolutionsTM Beavers frequently block road culverts with damming materials, since a plugged culvert produces a large pond with minimal work. To them a culvert probably appears like a hole in a dam. Beaver Solutions has installed hundreds of highly effective (98%) culvert protective fence systems. They prevent culvert damming by beavers by decreasing damming stimuli (the sound and feel of moving water), and by increasing the work needed to plug the culvert. They are the most budget -friendly, long-term and environmentally responsible method available to prevent beaver damage to roadways. Each fence system is designed to fit the site. Some of the design factors include: damming stimuli intensity, topography, length of time damming at the culvert, food supply, previous poor quality flow devices at the site, and stream flow and depth. At some sites a Flexible Pond Leveler is combined with the Culvert Protective Fence. Also a small exclusion fence is often added to the outflow end of the culvert. The Keystone -shaped fence (see diagram) is highly effective. This design both decreases the damming stimuli (water movement and noise) and creates a long perimeter (at least 40 feet) to dam. Beavers may start damming near the culvert, but give up as they get further away from the culvert as it is not the direction they wish to dam and the stimulus to dam decreases. The typical cost to design and install a Culvert Protective Fence is less than $1,000 and can save $10,000's in damages, as well as hundreds of hours of labor annually. Diagrams - The Keystone FenceTM ,ulvert Figure A — Side View Figure B — Top View Maintenance is minimal but extremely important for the fence system to remain effective for many years. Quarterly, all floated leaves and sticks should be removed from the fence. Beaver SolutionsTM guarantees every flow device we maintain, and offers this service at a low cost as we are committed to the success of our work and your complete satisfaction. We are licensed and fully insured. Beaver SolutionsTM Mike Callahan, Owner 14 Mountain Road Southampton, MA 01073 Phone/Fax: (413) 527-6472 E-mail: info@beaversolutions.com Web: www.beaversolutions.com LL V Z L V L¢L Cc Cc rX W U QZQ U m !1. 4,4r, p�yy! V . 00 to uj LAMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. _ nem A. Violation Information This Enforcement Order is issued by: To: North Andover 9/26/08 Conservation Commission (Issuing Authority) Date James chase Name of Violator 500 Winter Street, North Andover, MA 01845 Address 1. Location of Violation: Property Owner (if different) Street Address North Andover City/Town Map 104A Assessors Map/Plat Number 01845 Zip Code Lot 29 Parcel/Lot Number 2. Extent and Type of Activity (f more space is required, please attach a separate sheet): DEP File Number: The Enforcement Order is issued to allow the replacement of a Flexible Pond Leveler system by Beaver Solutions within the limits of a jurisdictional Bordering Vegetated Wetland and a perennial stream (direct tributary of Rocky Brook) at 500 Winter Street, North Andover. Specific work includes replacing the existing 15" Flexible Pond Leveler system in an existing beaver dam in order to alleviate flooding problems along Winter Street and Saw Mill Road. The previous pipe was destroyed by beavers. The new pipe shall be encased in a protective sleeve of wire mesh fencing per the letter issued to Mr. Chase by Beaver Solutions dated September 8, 2008 and attached to this form. This worts shall be completed by October 24, 2008 and is subject to the six (6) conditions attached. Annual inspection and maintenance of the pipe is required. 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 wpaformga.doc • rev. 7114/04 Page 1 of 4 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number. ® 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 Determination). B. Findings (cont.) ❑ the activity has 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 Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to iwGL c.131 s.40. ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ❑ 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. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: wpafomiga.doc • rev. 7/74/04 Page 2 of 4 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 DEP File Number: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. C. Order (cont.) ❑ 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 worts. ❑ 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/Signatures 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: Jennifer Hughes Name 978-688-9530 Phone Number Mondav - Friday 8:30 - 4:30 HourstDays Available Issued by: wpaformga.doc • rev. 7/14/04 Page 3 of 4 t 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 North Andover Conservation Commission 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. Sionatures: t Signature of delivery person or certified mail wpa fomi9a.doc • rev. 711 4(04 Page 4 of 4 CONSERVATION DEPARTMENT Community- Development Division ENFORCEMENT ORDER SPECIAL CONDITIONS September 26, 2008 500 Winter Street, North Andover 1. This permit 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 Commission, 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. 2. Limited breaching of the beaver dam shall occur by hand only. No mechanical machinery is allowed for the breaching activities 3. 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). 4. Breaching of the dam must be limited to a maximum of an 18" wide trench approximately 2 feet deep to remove the damaged pipe and install the new wire encased one. The hired professional shall contact the Conservation Department if a larger breaching area is necessary or if any other changes are proposed. 5. Limited breaching of the dam must be carefully conducted to prevent downstream flooding; adverse impacts to the wildlife habitat located upstream and downstream, including 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 500 Winter Street, upstream from the culvert on Saw Mill Road. 6. Upon completion of the breaching activities, the applicant or Beaver Solutions shall contact the Conservation Department, so that we may conduct an inspection to ensure that wildlife habitat and hydrology of the wetland resource system have not been significantly impacted or altered. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01843 Phone 978.688.9330 Fax 978.688.9342 Vieb: http://n�-xv.townofilorthandover.com/Pages/N)aidoveriiNLN—Conserv*ation/index Page 1 of 2 Grant, Michele From: Hughes, Jennifer Sent: Thursday, September 25, 2008 3:39 PM To: Grant, Michele Subject: (FW: [BULK] Chase Dam Aichele, 'er Jack's email below I will be issuing the enforcement order either later today or first thing tomorrow. fennifer A. Hughes ;onservation Administrator 'own of North Andover .600 Osgood Street forth Andover, MA 01845 °rom: Mabon, Jack [mailto:JMabon@welchs.com] 4ent: Thursday, September 25, 2008 3:37 PM ro: Hughes, Jennifer iubject: RE: [BULK] Chase Dam concur with this process. lack °rom: Hughes, Jennifer [mailto:jhughes@townofnorthandover.com] ;ent: Thursday, September 25, 2008 3:36 PM ro: Mabon, Jack 'c: Grant, Michele subject: FW: [BULK] Chase Dam lack, kttached is the proposed scope of work for the Chase property on Winter Street. I will issue an enforcement order signed )y me to be ratified by the commission at our next meeting. Please let me know if you concur with this process. Thanks. fennifer A. Hughes ;onservation Administrator 'own of North Andover .600 Osgood Street forth Andover, MA o1845 °rom: Mike Callahan [mailto:mike@beaversolutions.com] lent: Thursday, September 25, 2008 3:31 PM ro: Hughes, Jennifer subject: Re: [BULK] Chase Dam Ii Jennifer, Sorry for the communication breakdown. Attached is the letter to provide the info on the scope of the project. k11 the Best, vlike Callahan Seaver Solutions ---- Original Message --- 9/29/2008 Page 2 of 2 From: Hughes, Jennifer To: Mike Callahan Cc: Grant, Michele t Sent: Wednesday, September 24, 2008 10:55 AM Subject: RE: [BULK] Chase Dam Mike, Did you receive my phone message on Monday? The commission allowed the pipe installation under an enforcement order (EO) and could do the same for its repair. I will need a scope of work/construction sequence to process the E0. Can you provide this? We have a meeting tonight and would be able to get an EO signed if I had a basic idea of the work that is required. I look forward to hearing from you. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street North Andover, MA o1845 From: Mike Callahan [mailto:mike@beaversolutions.com] Sent: Sunday, September 21, 2008 12:05 PM To: Hughes, Jennifer Subject: [BULK] Chase Dam Importance: Low Hello Jennifer, FYI - Yesterday I received a check from Mr. Chase prepaying for the replacement Flexible Pond Leveler as well as the Maintenance Plan. I can do the work to lower the water away from Winter St. whenever the CC permits it. How much does the CC want the water level dropped? Obviously, like last time, it would be done in a way to prevent downstream flooding, erosion or sedimentation. I look forward to your assistance in this matter. Sincerely, Mike Callahan, Owner Beaver Solutions 14 Mountain Road; Southampton, MA 01073 Cell: (413) 695-0484 Office: (413) 527-6472 Web: www.beaversolutions.com 9/29/2008 If o Q, oo a ado�'.z (\c QXwr.� rn a, 1poNp C-0 p o a J Q¢ o . 3 If o / ' ^ � / ' ' ' ' � ' 0-1 o ' ^ � / ' ' ' ' � ' � AUG 2 9 2008 TH ANDOVER 'PARTMENT 16'041100,117 . 09 coc.iaiwncw PUBLIC HEALTH DEPARTMENT (ommunity Development Division James Chase 500 Winter Street North Andover, MA 01845 Re: beaver activity Dear Mr. Chase, This letter is a follow up to our recent conversation regarding the beaver activity on your property. As I mentioned, the beaver appear to have critically damaged the flow device (pipe) which you had professionally installed in the spring of 2006. This discovery was found by your contractor after the Health Department requested his involvement due to renewed high water complaints in the area. He reported to me that the pipe has been damaged and is the cause of some, but possibly not all, the high water problems. After receiving this information via our phone call, you stated that you will voluntarily take action on this information and hire Beaver Solutions to affect maintenance and repairs the device. The Health Department greatly appreciates your quick response. Preventative maintenance is always recommended in these types of situations. In hope to preempt this type of problem, it is highly suggested that you consider an annual scheduled maintenance program with a professional company. This office will keep you apprised of any further issues in your area. Thank you, Michele Grant 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com TOWN OF NORTH ANDOVER f NOR7►j Office of COMMUNITY DEVELOPMENT AND SERVICES V, O A Michele E. Grant Public Health Inspector HEALTH DEPARTMENT 1600 Osgood Street Building 20, Suite 2-64 9SS"`"�sEt NORTH ANDOVER, MASSACHUSETTS Ol 845 978.688.9540 — Phone 978.688.8476 — FAX E-MAIL: healthdept@townofnorthandover.com WEBSITE: b_q://www.townofnorthandover.com ORDER LETTER Issued under the provisions of Chapter 73 of the Beaver Bylaw: Protection from Damage Due to Beaver Dams and Blockages To Owner of Record: James H. Chase Gladys B. Chase 500 Winter Street North Andover, MA 01845 Property Location: 500 Winter Street North Andover, MA 01845 The North Andover Health Department personnel made an authorized inspection of your property at the above referenced address. This inspection revealed violations of certain regulations of Chapter 73 of the Beaver Bylaw, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. ➢ 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. Michele E. Grant Health Inspector Cc: Susan Sawyer, Health Director Pamela Merrill, Conservation Department Sent - Certified Mail: #7004-250-000-6602-3234 on 5/10/06 Re: Property: 500 Winter Street — ORDER LETTER From: North Andover Health Department Date: May 10, 2006 Page 2 of 2 An authorized inspection of 500 Winter Street was performed by the Health and Conservation Department staff on Monday, May 8, 2006, at which time violations of Chapter 73 of the Beaver Bylaw were found. Failure to respond within the allotted time period may result in a Board of Health finding that the property is unfit for human habitation. All violations must be corrected within (14) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regulatory Reference Re-Inspection/Notes To be completed within 14 Days after Receipt of this Order Letter It was observed that the rear of your Chanter 73 of the Beaver Bylaw: Note: property currently has an old, Protection from Damase Due to Property owner was unauthorized pipe that needs to be Beaver Dams and Blockages contacted by phone on taken out and replaced with a pipe more conducive to reducing the flow 5/10/06 and given the phone of water in the area. Chapter 111: Section 123. number to contact Beaver Regulations relative to nuisances; Solutions to help with this examinations. Section 73.4: issue. Property Owners: Section 123 Abatement by owner It shall be the duty of the Said board shall order the owner owner to manse property g or occupant of any private Premises, at his own expense, to Spoke to Gladys on 5-31-06, an dams or blockages on Y g remove any nuisance, source of she indicated that her son their property in accordance filth or cause or cause of intends to trap the beavers. with all applicable laws, sickness found thereon within I asked her to have Jim to rules, and regulations, and so twenty-four hours, or within such call me as to minimize or eliminate other time as it considers damage or threat to human reasonable, after notice; and an Spoke to Mike from Beaver health and safety of others. owner or occupant shall forfeit Solutions on 6-2-06 He will not more than one thousand put a proposal together this dollars for everyday during weekend regarding Winter which he knowingly violates such street. His thought is to put order. Chapter 111: section 125. a pipe through the dam to Removal of nuisance by board. drop the water level down 1 Section 125. Foot. Mike and I will review If the owner or occupant fails to the proposal together after comply with such order, the we receive it. board may cause the nuisance, source of filth or cause of Mike installed the beaver sickness to be removed, and all deceiver the week of June expenses incurred thereby shall ex P Y constitute a dept due the city or 12tH, city or town upon completion of the occupant, and shall be Left a message with Mike on recoverable from such owner or July 6, 2006. Would like to occupant in an action of issue COC contract. o a n C o n o A � � rl d o � N o ON y rn 3 d z � A B 0 c y 3 .d S A 9 O 7 A �e a td A � °o y y o � A It 0 in %^ J •y COCA iwe°wsw . �• PUBLIC HEALTH DEPARTMENT Community Development Division James Chase 500 Winter Street North Andover, MA 01845 Re: beaver activity Dear Mr. Chase, This letter is a follow up to our recent conversation regarding the beaver activity on your property. As I mentioned, the beaver appear to have critic'-ily damaged the flow device (pipe) which you had professionally installed in the spring of 2006. This discovery ,vas found by your contractor after the Health Department requested his involvement due to renewed high water complaints in the area. He reported to me that the pipe has been damaged and is the cause of some, but possibly not all, the high water problems. After receiving this information via. our phone call, you stated that you will voluntarily take action on this information and hire Beaver Solutions to affect maintenance and repairs the device. The Health Department greatly appreciates your quick responsa,. preventative maintenance is always recommended in these types of situations. In hope to preempt this type of problem, it is highly suggested that you consider an annual scheduled maintenance program with a professional cosapany. This office will keep you apprised of any further issues in your area. Think Y Michele brant 3600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.681'2.9540 Fox 978.688.8476 Web www.townofnorthandover.com �F��S4siv fb'bryO\ 0 .. M 'o `�' 4 evert 4e/ SCCNetWwKw PUBLIC HEALTH DEPARTMENT Community Development Division James Chase 500 Winter Street North Andover, MA 01845 Re: beaver activity Dear Mr. Chase, This letter is a follow up to our recent conversation regarding the beaver activity on your property. As I mentioned, the beaver appear to have critically damaged the flow device (pipe) which you had professionally installed in the spring of '.006. This discovery `vas found by your contractor after the Health Department requested his involvement due to renewed high water complaints in the area. He reported to me that the pipe has been damaged and is the cause of some, but possibly not all, tho high water problems. After receiving this information via our phone call, you stated that you will voluntarily take action on this information and hire Beaver Soutions to affect maintenance and repairs the device. The Health :Department greatly appreciates your quick response. Preventative maintenance is always recommended in these types of situations. In hope to preempt this type of problem, it is highly suggested tihat you consider an annual scheduled maintenance program with a professional company. This office will keep you apprised of any further issues in your area. a 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com M ■ Complete items 1, 2, and 3. Also complete item 4. if. Restricted Delivery is desired. ■ Print your name and address on the reverse I so that we can return the card to'you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C❑ Agent WK w` ❑ Addressee Received by (Printed Name) C. Date ofiDelivery i D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se a Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number iii 70041112510 0001 6602 3234 (Transfer from service /abed UNITED STATES POSTAL SERVICE i $-D-VLESE.K--EE-;��5. MA 018' 3111 • a 4*MTprint our name, address, and ZIP+4. In this box • MAY 15 2006 TOWN OF NORTH ER HEALTH DEPARTMENT /( 111111111111111111l111I111tiIII 11i1il1tf11TilT1l1431l11111l111 TOWN OF NORTH ANDOVER f pORTH Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 1600 Osgood Street 4�P Building 20, Suite 2-64"SS"`N�SEt 978.688.9540 — Phone NORTH ANDOVER, MASSACHUSETTS 01845 978.688.8476 — FAX Michele E. Grant E-MAIL: healthdept@townofnorthandover.com Public Health Inspector WEBSITE: hq://www.townofnorthandover.com ORDER LETTER Issued under the provisions of Chapter 73 of the Beaver Bylaw: Protection from Damage Due to Beaver Dams and Blockages To Owner of Record: James H. Chase Gladys B. Chase 500 Winter Street North Andover, MA 01845 Property Location: 500 Winter Street North Andover, MA 01845 The North Andover Health Department personnel made an authorized inspection of your property at the above referenced address. This inspection revealed violations of certain regulations of Chapter 73 of the Beaver Bylaw, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. ➢ 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. Michele E. Grant Health Inspector Cc: Susan Sawyer, Health Director Pamela Merrill, Conservation Department Sent - Certified Mail. #7004-250-000-6602-3234 on 5110106 Re: Property: 500 Winter Street — ORDER LETTER From: North Andover Health Department Date: May 10, 2006 Page 2 of 2 An authorized inspection of 500 Winter Street was performed by the Health and Conservation Department staff on Monday, May 8, 2006, at which time violations of Chapter 73 of the Beaver Bylaw were found. Failure to respond within the allotted time period may result in a Board of Health finding that the property is unfit for human habitation. All violations must be corrected within (14) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regaulatory Reference Re-InspectionlNotes To be completed within 14 Days after Receipt of this Order Letter It was observed that the rear of your Chapter 73 of the Beaver Bylaw: Note: property currently has an old, Protection from Damage Due to Property owner was unauthorized pipe that needs to be Beaver Dams and Blockages contacted by phone on taken out and replaced with a pipe more conducive to reducing the flow 5/10/06 and given the phone of water in the area. Chapter 111: Section 123, number to contact Beaver Regulations relative to nuisances; Solutions to help with this examinations. Section 73.4: issue. Property Owners: Section 123 Abatement by owner It shall be the duty of the Said board shall order the owner property owner to manage or occupant of any private Premises, at his own expense, to Spoke to Gladys on 5-31-06, an dams or blockages on y g remove any nuisance, source of she indicated that her son their property in accordance filth or cause or cause of intends to trap the beavers. with all applicable laws, sickness found thereon within I asked her to have Jim to rules, and regulations, and so twenty-four hours, or within such call me as to minimize or eliminate other time as it considers damage or threat to human reasonable, after notice; and an Spoke to Mike from Beaver health and safety of others. owner or occupant shall forfeit Solutions on 6-2-06 He will not more than one thousand put a proposal together this dollars for everyday during weekend regarding Winter which he knowingly violates such street. His thought is to put order. Chapter 111: Section 125. a pipe through the dam to Removal of nuisance by board. drop the water level down 1 Section 125. Foot. Mike and I will review If the owner or occupant fails to the proposal together after comply with such order, the we receive it. board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred thereby shall constitute a dept due the city or city or town upon completion of the occupant, and shall be recoverable from such owner or occupant in an action of contract. AA P �c Grant, f ichele From: Merrill, Pamela Sent: Wednesday, May 23,2007 12:03 PM To: Rees, Mark Cc: Grant, Michele; Bellavance, Curt; Sawyer, Susan; Cyr, John; McKay, Alison Subject: Theresa McDonald- Winter Street Beavers Hi Mark a), I have been working with Michele Grant, Health Inspector on the beaver problems in this area since last year. Without being long-winded, I will try to explain the situation. In 2006, the Health Dept sent an order letter to Mr. Chase, 500 Winter Street to remedy the beaver dam problem on his property, which extends off Saw Mill Rd. Several abutters were complaining about potential health issues due to the water level of the wetland. None of the septic systems in the area were remotely close of being compromised. Mr. Chase retained the services of Mike Callahan, Beaver Solutions (Beaver Expert) to lower the water levels a foot and to install a flow device to allow the water to continue to flow, and to maintain the flow device as needed. For over 10yrs, the DPW has also retained the services of Beaver Solutions for other problematic beaver areas in town. A few years ago, Mike had installed several culvert protectors along the Saw Mill Rd and Hay Meadow Rd, as the beavers had entered into this area. These culvert protectors are still being maintained under the Town's contract. This area used to be a wet meadow on both sides of Winter Street, but since the beavers came in the wetland is now more of a lake holding several feet of water. I was contacted a few months ago by Theresa McDonald because she wanted to remove the dead trees in the wetland, which was deterring the potential homebuyers from buying her house. I explained that if the trees are on her property and are determined to be a safety hazard then the Conservation Dept. would allow the homeowner to remove them, but after a site inspection. I had driven by her house and observed the downed trees in the middle of the wetland, but had fallen far enough away from her house and in the opposite direction. I explained that she would not be able to remove them because of the findings; that's when she starting commenting on the rising water levels due to the beavers. I explained that Mr. Chase had recently installed a flow device in the dam off Saw Mill and had taken the appropriate measures to deal with the beaver problem. I further explained the dam could not just come down because of the substantial effects it would have to the residents down stream in the Hay Meadow, Saw Mill area and the wetland resource area itself. I also told her that the rising water on her property may be due to another beaver darn on the neighboring property, which is owned by the Commonwealth of MA- Dept of Conservation & Recreation. Therefore, the Town is not responsible for attending to beaver problems that are not on town -owned property. I called the DCR on several occasions to see if they would address the problem or at least - investigate. However, I never received a call back. Subsequently, I called Theresa on 2 other occasions to let her know I never heard back from DCR, and recommend that she talk with Mike Callahan since he is the beaver expert, he's very familiar with the area and could give her better advice than I can. She replied by saying she is not willing to spend any money on this, since its not her problem. In speaking with Michele Grant, John Cyr, DPW monitors the trees along Winter Street on a regular basis to determine if they are becoming a safety hazard, as no one wants the trees to fall towards the street. The trees that have fallen have all gone down in the opposite direction to the street. From a health and conservation standpoint, there is nothing that can be done. Theresa's septic system is greater than 100' from the wetland and sits higher up in elevation compared to the wetland. 'Therefore, there is no imminent health issue. As previowsly mentioned, I suspect there may be a another beaver dam on the DCR.s property, but have not confirmed that. If Theresa doesn't want to contact Mike Callahan for advice and further recommendations, there is really nothing we can do for her at this point, except to continue to monitor the beaver dam on Saw Mill Rd. That's pretty much it in a nutshell. Please feel free to contact me should you have further questions about this situation. /A Pamela. Merrill Conservation Associate North Andover Conservation Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 Office: 978.688.9530 Fax: 978.688.9542 DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Friday, August 18, 2006 1:03 PM To: Grant, Michele Subject: Beaver Permit - 500 Winter Street Hi Michele, I received a call from Barbara Collupy of 730 Winter Street -978.687.2642. She is calling to find out if there has been any follow-up regarding the beaver situation in the Sawmill Road/Winter Street area. She states that nothing has changed. There was supposed to be an 8"pipe installed to help drain the water. The permit was issued for Mr. Chase at 500 Winter Street. She would like you to call her to give her a status report. Bast Ragwads, Paftolea V10000ellfiai¢ Health Department Assistant Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA o1845 978.688.9540 - Phone 978.688.8476 - Fax http://www.townofnorthandover.com healthdept@townofnorthandover.com k k_" / V -tea( �Ne PUBLIC HEALTH DEPARTMENT (ommunity Development Division Barbara Collupy 730 Winter Street North Andover MA.01845 Dear Barbara, August 22, 2006 Enclosed, please find some information regarding the State Regulations, Local Bi -Laws as well as some pages from Beaver Solutions. I'm hoping there may be some helpful information here for you. Sincerely, Michele E. Grant North Andover Public Health Inspector 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com B-1 AV I R SOIUiIONS Beaver Solutions: Consulting and -Beaver Management Services N. Solving beaver/human conflicts, beaver problems and flooding issues, since 1998. A leading expert in resolving human/beaver conflicts. Since 1998 we have applied innovative technologies to solve hundreds of beaver problems in the northeastern United States. We specialize in beaver problem resolution, beaver management issues and flooding from beaver dams in the public and private sectors. Our highly successful devices provide cost-effective, long-lasting, and environmentally friendly solutions to beaver -related flooding and beaver dam l ' .{I' problems. We also offer licensed beaver trapping. Available for consultations and trainings throughout the U.S. Our comprehensive beaver management plans are particularly valuable for towns, or groups with large property management responsibilities. We also offer customized training workshops for individuals or groups. We are proud of the reputation we have earned with Beaver repairing highway departments, public utilities, major railroads, a breached state and federal agencies, private businesses, and beaver dam... property management, conservation and humane groups. We provide our clients with the most comprehensive beaver management services available. Beaver Solutions Specializing in resolving human%beaver conflicts and flooding related beaver problems in 11assachusetts, New England and New York. Mike Callahan, Owner 14 Mountain Road Southampton, Massachusetts 01073 Phone: (413) 527-6472 Fax: (413) 527-6472 nheaversolLit iOns.l:om lite .Ivl,tp j ren -ns oI, I se 1 1'ri%acv ilolicy All content and images in this web site are property of Beaver Solutions. The use of any images and information on this web site, without the expressed consent of Beaver Solutions, is prohibited. Beaver Solutions Copyright 2006. All Rights Reserved. I 1011 -IC - ;V,otu IlCa AN— S011 -ikons - Ahoitt Bew,,,,rs - Bear k�r tliology - Beaver Benefits - A Kcy stoles �pccics - .Viditional 12.e i Duces - i;waver Consulting `;cii• ices - North ;'America - How -To Trainin�s - http:!/wti-v-vv.beaversolutions.comi 5,/ i 0/2006 Beaver N'lanao.ement. Education and Consulting - Beaver Management. Education and Consulting Services - Northeast US - Culvert Protective Fences - Culvert Protection - CulverClear Systems - Diversion Dams - Educational Presentations - Fence and Pipe Devices - Flexible Pond Levelers - Trapping Beavers - Tree Protection - FAQ - Permitting Issues - Publications - Testimonials - Contact i_' -s littp:/i'Nvw,A-.beavei-solutioiis.com/ 5/10/2006 Tz' BEAVER S0LUI10KS FAQ 'What is a Flow Device? How Do Flow -Devices Work? Highway and railroad culverts are very common damming sites because to a beaver a roadbed with a culvert looks like a ready-made dam with a hole in it. Properly designed culvert fencing will both decrease the stimulus for beaver damming and make it more difficult to dam. This will cause beavers to leave the culvert alone. Where some water is tolerable but cannot rise above a certain level without threatening adjacent property, the size of a free standing beaver dam and pond can frequently be controlled with well-designed and installed beaver dam pipes. Beavers are stimulated to build their dams by the sound or feel of running water. Well-designed dam pipes create a permanent leak in the beaver dam and prevent beavers from detecting the flow of water into the pipe. Are Flow Devices High -Maintenance? Any manmade device exposed to the elements requires some maintenance. While our flow devices are designed to be very low maintenance, the little maintenance that is required is very important. Beaver dam pipes should be inspected each spring for winter ice damage or if the pond level rises unexpectedly. Culvert fences should be inspected three to four times a year to remove any accumulated stream debris from the fence. Typically http://'wtiv,�v.beaversolutions.com/FAQ.asp 5/10/2006 'A flow device is a system that either prevents or controls beaver damming activity to control beaver related flooding problems. It may be a specially designed fence system to protect a road culvert, or a piping system to control the water level in a beaver pond. (See Flexible Leveler, Trapezoidal Fence, Cylindrical Fence) Why Use a Flow Device? Flow devices offer year-round protection from property damage. They protect human health and safety, save time, save money, and function for many years. In addition, a. flow device allows beavers to create and maintain our ecologically valuable wetlands. They are proven to be long term solutions to beaver related _.r conflicts that benefit both man and the environment. In our experience most beaver problems can be solved with flow devices in a long term, cost effective manner. How Do Flow -Devices Work? Highway and railroad culverts are very common damming sites because to a beaver a roadbed with a culvert looks like a ready-made dam with a hole in it. Properly designed culvert fencing will both decrease the stimulus for beaver damming and make it more difficult to dam. This will cause beavers to leave the culvert alone. Where some water is tolerable but cannot rise above a certain level without threatening adjacent property, the size of a free standing beaver dam and pond can frequently be controlled with well-designed and installed beaver dam pipes. Beavers are stimulated to build their dams by the sound or feel of running water. Well-designed dam pipes create a permanent leak in the beaver dam and prevent beavers from detecting the flow of water into the pipe. Are Flow Devices High -Maintenance? Any manmade device exposed to the elements requires some maintenance. While our flow devices are designed to be very low maintenance, the little maintenance that is required is very important. Beaver dam pipes should be inspected each spring for winter ice damage or if the pond level rises unexpectedly. Culvert fences should be inspected three to four times a year to remove any accumulated stream debris from the fence. Typically http://'wtiv,�v.beaversolutions.com/FAQ.asp 5/10/2006 this is done after autumn leaves, spring runoff, and large debris -producing storms. This maintenance can be done by one person and usually requires less than fifteen minutes per cleaning. When this routine maintenance is performed as recommended, the flow device should remain effective for many years. Because we are committed to the success of our installations, Beaver Solutions TM offers an optional maintenance plan at a very low-cost. Why Not Relocate the Beavers? If a beaver must be removed from a conflict site outside of trapping season it must be killed in a humane manner. It is against Massachusetts law to relocate wildlife. This is because many animals that are removed from their home areas (including beavers who are very territorial), suffer and die. In addition, relocating wildlife can just transfer the problem to someone else's property and can contribute to the spread of wildlife disease. What About Trapping? Beaver Solutions TM offers licensed beaver trapping services. Trapping to remove all the problematic beavers is recommended for areas where no beaver activity can be tolerated. However, it has drawbacks which include: it is often only a short term solution as new beavers can recolonize the habitat, the beavers must be killed rather than relocated, and the elimination of the beaver colony results in the loss of the valuable wetland habitat. (See Beaver's Benefits). Are Beavers Dangerous? Beavers are typically timid and shy animals who prefer to remain away from humans in the security of the water. They will slap their tails on the water to try to frighten enemies away. However, to protect their home territories they may attack an unrelated beaver or a perceived enemy who enters their territory. Beaver Solutions Specializing in resolving human/beaver conflicts and flooding related beaver problems in Massachusetts, New England and New York. Mike Callahan, Owner 14 Mountain Road Southampton, Massachusetts 01073 Phone: (413) 527-6472 Fax: (413) 527-6472 infowd beaversolutions.com Slte Map I Terms of Use I Privacy Policv All content and images in this web site are property of Beaver Solutions. The use of any images and information on this web site, without the expressed consent of Beaver Solutions, is prohibited. Beaver Solutions Copyright 2006. All Rights Reserved. About Bcavcr Solutions - Uiout Beavers - Beaver Biology - Beaver Benefits - A Keystone �I-)ecies -Additional Resources - Beaver Consulting Services - North Ai-nerica - Flow- 1'o frainings - llca,,er Management, Education and Consulting - Beaver )lanagement. Education and Consulting services - Northeast US - Culvert Protective Fences - Culvert PrOteCtion - C'ulverClear Systems - http://vvw-w.beaversolutions.com/FAQ.asp 5/10/2006 Di\,ersion Dams - Educational Presentations - Fcnce and Pipe Devices - Flexible Pond Levelers - hrapping Bemers - Tree Protection - FAQ - Permitting Issues - Publications - Testimonials - Contact I s http://ww�v.beaversolutions.comiFAQ.asp 5/10/2006 CHAPTER 73 BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.1: Purpose The Town of North Andover hereby enacts this Bylaw, in strict compliance with Massachusetts General Laws Chapter 131, Section 80A, as amended (`Section 80A'), and all other applicable Federal and State laws, rules, and regulations (altogether, the `Rules'), for the efficient protection of human health and safety and public and private property from damage resulting from beaver or other animal -related dams and blockages. Section 73.2: Board of Health Responsible This bylaw affirms the above Rules and specified processes and directs that the Rules be followed in their word and their intent in the Town of North Andover. The emphasis shall be on creating an implementation that, consistent with the Rules, is effective and efficient and minimally burdensome on the Town and its residents and property owners over both the short and the long term. The North Andover Board of Health shall take a leadership role and primary responsibility in defining and managing that implementation. Section 73.3: Clarify interpretation of Section 80A The Board of Health will actively work to formally clarify the meaning of any portions of Section 80A about which there is doubt or differing interpretation, consistent with other applicable laws, rules, regulations, and judicial decisions in Federal and State courts. Section 13.4: 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. Section 73.5: Town as Property Owner As property owner, the Town is responsible for the management of dams or blockages on Town property. 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 immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. Section 73.7: Town Departments as Specialists The Board of Health and the Conservation Commission will actively assist in the resolution of difficulties between property owners around these issues, and assist and provide guidance to private property owners in the management of their own difficulties in this regard. Section 73.8: Long Term Site Management Plans The Board of Health, working with the Massachusetts Division of Fisheries and Wildlife (DFW), will take an active, leadership role in the development and approval of a comprehensive, practical, long term management plan for each site where there is determined to be an issue within the scope of Section 80A. The Town will store all such plans, make available copies for use in other situations where a plan is being developed, and provide copies at cost whenever requested; preferably also making all such plans freely available on the Town website for easy reference. A long term plan shall be for a site, not an individual. As such, a long term plan may run with the land. All persons to whose property access is required to implement a long term plan, or whose property is affected by the problem, may be a part of the preparation of and agreement to such plan. A long term plan shall be for the foreseeable future, although any plan is modifiable whenever the need arises. Such plans shall be written and shall be specific about what is to be done, who is responsible, the geographic area of the site, and what inspections are to be performed to verify that the plan is being followed. A long term plan should strive to minimize the number of other permits required to be obtained and kept in effect. Section 73.9: Sewer Pumping Stations In addition to continuing to work together for the protection of our sewer pumping stations and our water supply, the Division of Public Works and the Water and Sewer Departments (herein DPW+W+S) shall be knowledgeable about all waterways near or affecting sewer pumping stations. The DPW+W+S shall proactively address any site where a dam or blockage is likely to impact a sewer pumping station. Section 73.10: Fees The Board of Selectmen is authorized to establish a comprehensive fee schedule under this bylaw. Said fee schedule, to the extent allowed by law, shall supersede related fee schedules established by other town departments and/or boards. The intent of this section is to establish one unified fee structure relating to beaver control. Section 73.11: Severability If any provision of this bylaw is determined to be invalid, such determination shall not affect the validity of the other provisions of this bylaw, which other provisions shall remain in full force and effect. TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 2001 Annual Town Meeting —14 May 2001 — North Andover, MA Article 16. Reducing the Beaver Population. Moderator's notes on voted, amended motion. — Adopted by unanimous voice vote. VOTED that Town Meeting request the Board of Selectmen direct the Town Manager to establish a special committee of town officials and residents who will study, investigate and formulate recommendations on mitigating the property damage caused by activities of beavers, and wherever possible, explore non -lethal means to control the beaver population, with the results to be presented in a report at the next Annual Town Meeting. And further request that the Board of Selectmen direct the Town Manager to take all appropriate actions to immediately begin implementation of mitigation measures through the Division of Public Works using any funding that may be identified within Public Works, Conservation, or any other municipal account. As a result of the Town Meeting vote on Article 16 at the 2001 Annual Town Meeting, a committee consisting of town officials (the Assistant Town Manager, the Health Director, the Conservation Administrator, and the Superintendent of Operations from Public Works) along with three residents (Mr. Paul Stewart, Ms. Carol Balmas, and Mr. Dave Rand) have met to review the beaver situation within the Town of North Andover. In the 2000 legislative session, the Massachusetts Legislature amended M.G.L. c131, s80A with the passage of "An Act Relative to Foothold Traps and Certain Other Devices." This new law became effective on July 21, 2000, and was intended to make it easier for applicants to alleviate threats caused by beaver and muskrat -related flooding. The law places the administration of the legislation under the local board of health in consultation with the conservation authority of the town. The law also clearly defines "threats to human health and safety" which trigger various remedies and actions. In order to properly address the concerns of residents and in compliance with M.G.L. c 131, s80A, the Town has organized a working group consisting of the Health Director, the Health Inspector, the Conservation Administrator, the Conservation Associate, and the Superintendent of Operations (Public Works) to coordinate efforts and to prepare and present a unified Town response to beaver related issues. The working group is overseen by the Assistant Town Manager. As an initial phase of the effort, the Town contracted with Beaver Solutions (of Hadley, Massachusetts) to survey the primary beaver conflict sites within the Town and to submit recommendations as to the best possible method to deal with the issues at the respective sites. Seven primary locations were identified: Barker Street culvert / Hickory Hill Road Cochichewick Brook (Chickering Road at the High School) Rear of Bridle Path adjacent to the Sewer Pump Station Carriage Chase Road Jasmine Plaze / Route 114 culvert Boston Brook (rear of 1084 Johnson Street) Boston Brook (Barker Street culvert) These locations are, by no means, the only affected areas of the Town. Working with the recommendations of Beaver Solutions and the affected residents, several of the primary areas have begun to be addressed: The Town directly contracted with Beaver Solutions to instar a water flow device in the rear of Bridle Path adjacent to the Sewer Pump Station. The contract calls for the site to be maintained by Beaver Solutions for a one-year period. • Working closely with the resident of 1084 Johnson Street, appropriate permits were issued to provide for trapping beavers and for gradual breeching of the beaver dam. • Price proposals, based on the recommended plans of action, were received from Beaver Solutions for two locations within Carriage Chase Road. The Town will contract with Beaver Solutions to complete the work on the beaver dam within Town -owned land while the respective home owner intends to do likewise for the dam located on his property. This report contains the following: • The amendment to M.G.L. c131, s80A enacted in July of 2000; • The "Massachusetts Beaver Law Flow Chart"; • A publication entitled "Information for Citizens Concerned with Beaver Control"; • A listing of beaver conflict sites in the Town of North Andover; and • The report submitted by Beaver Solutions pertaining to the seven primary sites. Chapter 139 of the Acts of 2000 AN ACT RELATIVE TO FOOTHOLD TRAPS AND CERTAIN OTHER DEVICES. Whereas , The deferred operation of this act would tend to defeat its purpose, which is to protect forthwith persons from threats to human health and safety caused by certain animals, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Section 11 of chapter 131 of the General Laws is hereby amended by adding the following paragraph: - The director shall also provide trapper training courses to certify licensed trappers on the effective use of box, cage and conibear type traps, for furbearing mammals, including beaver or muskrat. Such training courses shall be held at least twice each calendar year. SECTION 2. Said chapter 1.31 is hereby further amended by inserting after section 19A the following section: - Section 19B. Any person authorized under section 4 to take and possess mammals may transport them within the commonwealth for the purpose of euthanasia. SECTION 3. Section 80A of said chapter 131, as appearing in the 1998 Official Edition, is hereby amended by inserting after the word "health", in line 13, the following words:- or municipal boards of health. SECTION 4. The second paragraph of said section 80A of said chapter 131 as so appearing, is hereby amended by adding the following two sentences:- A threat to human health and safety may include, but shall not be limited to: (a) beaver or muskrat occupancy of a public water supply; (b) beaver or muskrat -caused flooding of drinking water wells, well fields 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 taxi -way; (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; (0 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 result in the release or escape of hazardous or noxious materials or substances; (h) the gnawing, chewing, entering, or damage to electrical or gas generation, transmission or distribution 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 or income loss, which shall be limited to: (1) flooding of residential, commercial, industrial or commercial buildings or facilities; (2) flooding of or access to commercial agricultural lands which prevents normal agricultural practices from being conducted on such 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. The department of enviromnental protection shall make any determination of a threat to a public water supply. SECTION 5. Said section 80A of said chapter 131, as so appearing, is hereby- further amended by inserting after the second paragraph the following seven paragraphs: An applicant or his duly authorized agent may apply to the municipal board of health for an emergency permit to immediately alleviate a threat to human health and safety, as defined in the previous paragraph. If the municipal board of health determines that such a threat exists, it shall immediately issue said emergency permit to alleviate the existing threat to human health and safety, for a period not exceeding ten days. If denied, the applicant or his duly authorized agent may appeal said emergency permit application to the state department of public health or director. If the state department of public health or director determines that such a threat exists, it shall immediately issue said emergency permit to alleviate the existing threat to human health and safety, for a period not exceeding ten days. The aforementioned emergency permit authorizes the applicant or his duly authorized agent to immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage -type traps, subject to the regulations promulgated by the division; (b) the breaching of dams, dikes, bogs or berms, so-called, subject to determinations and conditions of municipal conservation commissions under section 40; and (c) employing any nonlethal management or water -flow devices, subject to determinations and conditions of municipal conservation commissions under section 40. If said threat to human health and safety has not been alleviated within said ten days, the applicant or his duly authorized agent in conjunction with the municipal board of health, shall apply to the director for an extension permit to continue the use of alleviation techniques, specified in this section, for a period not exceeding 30 days. If the director determines that such a threat to human health or safety exists, as defined in this section, the director shall immediately issue an extension permit. If the director determines that said extension permit should be continued for 30 days, the director shall within 30 days of such decision develop, with the assistance of the applicant or his duly authorized agent, municipal board of health and municipal conservation commission, a plan to abate the beaver or muskrat problem using alternative, nonlethal management techniques in combination with water -flow devices, where possible, subject to the determinations and conditions of municipal conservation commissions under section 40, and if necessary, box and cage type -traps in order to provide a long-term solution. The director shall take reasonable steps to implement the plan within this 30 -day period. Compliance with the provisions of any or all of the previous four paragraphs shall not preclude the applicant or his duly authorized agent from applying to the municipal board of health for an additional emergency permit, provided the applicant (a) states in writing that there exists on the property an animal problem which poses a threat to human health and safety, as defined in this section, which cannot reasonably be abated by the use of alternative, nonlethal management techniques or box or cage traps, and that the applicant has attempted to abate the animal problem using alternative, nonlethal management techniques or box or cage traps, or (b) is awaiting the director's approval for an extension permit. An applicant or his duly authorized agent under clause (b) shall be eligible for only two additional emergency permits, the first of which shall entitle the applicant or his duly authorized agent the use of all or any of the alleviation techniques previously allowed under the initial emergency permit. Said first additional emergency permit shall expire in ten days. If the director still has not acted within this ten day period, the applicant or his duly authorized agent shall be eligible for a second additional emergency permit. Said second additional emergency permit shall entitle the applicant or his duly authorized agent the use of all alleviation techniques previously allowed in this section, except for the use of conibear traps. The second additional emergency permit shall expire on the rendering of a decision by the director regarding the extension permit. The division shall provide a report annually to the joint committee on natural resources and agriculture on the creation, implementation and efficiency of such animal problem plans. SECTION 6. The director of fisheries and wildlife shall adopt emergency regulations to carry out the purposes of this act as soon as possible and shall adopt final regulations within three months after the effective date of this act. All final rules and regulations promulgated under this act shall be filed with the joint committee on natural resources and agriculture 60 days before their effective date. Within one year after the effective date of this act and annually thereafter, the division shall conduct a study of the results and financial requirements of this act and file the results of such study with the clerks of the house of representatives and the senate and the joint committee on natural resources and agriculture. Approved July 21, 2000. Massachusetts Beaver Law Flow Chart Are you incurring beaver damage that may be a threat to public health under ,,a -i" in beaver law Yes Contact local BOH for possible emergency permit You may appeal to DPH 10 -day emergency Permit denied >, regarding public health permit issued questions or DFW regarding wildlife cause .3 Problem still not solved Appeal approved Problem solved Apply to DFW for 30 -day extension permit using A, B and/or C Permit approved Waiting for 30-davvenni t You may apply to BOH for additional 10 -day emergency permit 30 -day permit approved 10 -day permit becomes void You must develop with DFW, BOH and Conservation Commission, a long-term management plan Options A any box, cage or conibear type trap B breaching of dams C installation of water flow devices B & C require ConCom approval No Contact DFW for possible non- emergency permit n. Appeal denied still %valtYAP for :3ll _da �mF:ni t No may .apply to ROH Tor :2nd ;tcja ita()nal einergency perniiit -Option .8 ;a;dior C only BOH = Board of Health DFW = Division of Fisheries & Wildlife DPH = Department of Public Heath North Andover Board of Assessors Public Access Parcel ID: 210/104.A-0029-0000.0 SKETCH Click on Sketch to Enlarge Community: North Andover PHOTO Nr% �ricturl-40% A 0%,"lable a Location: 500 WINTER STREET t,(� Owner Name: CHASE, JAMES H U (� GLADYS B CHASE Owner Address: 500 WINTER STREET l!G City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 6 - 6 Land Area: 12.3 acres Use Code: 101 - SNGL-FAM-RES Total Finished Area: 1162 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 468,900 446,800 Building Value: 120,800 114,400 Land Value: 348,100 332,400 Market Land Value: 348,100 Chapter Land Value: LATEST SALE Sale Price: 0 Sale Date: 12/31/1968 Arms Length Sale Code: N -NO -OTHER Grantor: Cert Doc: Book: 01142 Page: 0304 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=3&Linkld=807690 Page 1 of 1 5/9/2006 james h. chase, north andover - Google Search Page 1 of 1 Sign in Web Images Gmu_ps News Froogle a s more '� James h. chase, north andover Search PhoneBookSearch the Wet V l. Phone800k Residential Phonebook Results 1 -1 of 1 for james h. chase, north andover. (0.01 seconds) James H Chase - (978) 686-1247 - 500 Winter St, North Andover, MA 01845 - Google Maps - Yahoo! Maps - MapQuest If you would like to have your PhoneBook listing removed, you can do so using our PhoneBook Removal Form New! Crack the Code: Play the Da Vinci Code Quest on Google. james h. chase, north andover Search Google Home - Advertising_ Programs - Business Solutions - About Google ©2006 Google http://www.google.com/search?sa=X&oi=fwp&pb=f&q james+h.+chase,+north+andover 5/9/2006 m p Gy}1.1117 a m LLLG�ll�iui m .. oOFFMIAL �D Postage $ M Certified Fee M Postmark O O Retum Receipt Fee Here (Endorsement Required) , M Restdctad Delivery Fee r9 (Endorsement Required) LrI Total Postage 8 Fees O Sent To or PO Box No. e9 J City, State. ZIF44 -- - . Certified Mail Provides: (as�anaa)ZoOZeu+�p'oo8£uuo�Sd a A mailing receipt a,-� o A unique Identifier for your mailplece o A record of delivery kept by the Postal Service for two years Important Reminders: a Certified Mail may ONLY be combined with First -Class Mair or Priority Maila o Certified Mail is not available for any class of international mall. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. c For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Defivery". a If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. • TOWN OF NORTl1 ANDOVER aF NC"TH Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT r 1600 Osgood Street Building 20, Suite 2-64 1SS"CHUSE� NORTH ANDOVER, MASSACIIUSETTS 01845 978.688.9540 -Phone 978.688.8476 — FAX Michele E. Grant E-MAIL: healtlhdept(i townofnorthandover.com Public Health Inspector WEBSITE: littp:/iN*nvw.to nnofnortllandover.com ORDER LETTER Issued under the provisions of Chapter 73 of the Beaver Bylaw. Protection from Damage Due to Beaver Dams and Blockages To Owner of Record: James H. Chase Gladys B. Chase 500 Winter Street North Andover, MA 01845 Property Location: 500 Winter Street North Andover, MA 01845 The North Andover Health Department personnel made an authorized inspection of your property at the above referenced address. This inspection revealed violations of certain regulations of Chapter 73 of the Beaver Bylaw, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. ➢ 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. )0- You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Michele E. Graft Health Inspector Cc: Susan Sawyer, Health Director Pamela Merrill, Conservation Department Sent - Certired Mail. #7004-250-000-6602-3234 on 5/10/06 Re: Property: 500 Winter Street — ORDER LETTER From: North Andover Health Department Date: May 10, 2006 Page 2 of 2 An authorized inspection of 500 Winter Street was performed by the Health and Conservation Department staff on Monday, May 8, 2006, at which time violations of Chapter 73 of the Beaver Bylaw were found. Failure to respond within the allotted time period may result in a Board of Health finding that the property is unfit for human habitation. All violations must be corrected within (14) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Rerulatorp Reference Re-InstrectionlNotes To be completed within 14 Days after Receipt of this Order Letter It was observed that the rear of your Chapter 73 of the Beaver Bylaw: Note: property currently has an old, Protection from Damage Due to Property owner was unauthorized pipe that needs to be Beaver Dams and Blockages contacted by phone on taken out and replaced with a pipe more conducive to reducing the flow 5/10/06 and given the phone of water in the area. Chapter 111 • Section 123. number to contact Beaver Regulations relative to nuisances; Solutions to help with this examinations. Section 73.4: issue. Property Owners: Section 123 Abatement by owner It shall be the duty of the Said board shall order the owner property owner to manage or occupant of any private any dams or blockages on premises, at his own expense, to theirer ro to accordance p p � . remove any nuisance, source of filth or cause or cause of with all applicable laws, sickness found thereon within rules, and regulations, and so twenty-four hours, or within such as to minimize or eliminate other time as it considers damage or threat to human reasonable, after notice; and an health and safety of others. owner or occupant shall forfeit not more than one thousand dollars for everyday during which he knowingly violates such order. Chapter Ill: Section 125. Removal of nuisance by board. Section 125. If the owner or occupant fails to comply with such order, the board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred thereby shall constitute a dept due the city or city or town upon completion of the occupant, and .shall be recoverable from such owner or occupant in an action of contract. a CHAPTER 73 BEAVER BYLAW — PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND BLOCKAGES Section 73.1: Purpose The Town of North Andover hereby enacts this Bylaw, in strict compliance with Massachusetts General Laws Chapter 131, Section 80A, as amended (`Section 80A'), and all other applicable Federal and State laws, rules, and regulations (altogether, the `Rules'), for the efficient protection of human health and safety and public and private property from damage resulting from beaver or other animal -related dams and blockages. Section 73.2: Board of Health Responsible This bylaw affirms the above Rules and specified processes and directs that the Rules be followed in their word and their intent in the Town of North Andover. The emphasis shall be on creating an implementation that, consistent with the Rules, is effective and efficient and minimally burdensome on the Town and its residents and property owners over both the short and the long term. The North Andover Board of Health shall take a leadership role and primary responsibility in defining and managing that implementation. Section 73.3: Clarify interpretation of Section 80A The Board of Health will actively work to formally clarify the meaning of any portions of Section 80A about which there is doubt or differing interpretation, consistent with other applicable laws, rules, regulations, and judicial decisions in Federal and State courts. 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. Section 73.5: Town as Property Owner As property owner, the Town is responsible for the management of dams or blockages on Town property. 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 immediately resolve the problem consistent with Mass. General Laws Chapter 111, Section 123. Section 73.7: Town Departments as Specialists The Board of Health and the Conservation Commission will actively assist in the resolution of difficulties between property owners around these issues, and assist and provide guidance to private property owners in the management of their own difficulties in this regard. Section 73.8: Long Term Site Management Plans The Board of Health, working with the Massachusetts Division of Fisheries and Wildlife (DFW), will take an active, leadership role in the development and approval of a comprehensive, practical, long term management plan for each site where there is determined to be an issue within the scope of Section 80A. The Town will store all such plans, make available copies for use in other situations where a plan is being developed, and provide copies at cost whenever requested; preferably also making all such plans freely available on the Town website for easy reference. A long term plan shall be for a site, not an individual. As such, a long term plan may run with the land. All persons to whose property access is required to implement a long term plan, or whose property is affected by the problem, may be a part of the preparation of and agreement to such plan. A long term plan shall be for the foreseeable future, although any plan is modifiable whenever the need arises. Such plans shall be written and shall be specific about what is to be done, who is responsible, the geographic area of the site, and what inspections are to be performed to verify that the plan is being followed. A long term plan should strive to minimize the number of other permits required to be obtained and kept in effect. Section 73.9: Sewer Pumping Stations In addition to continuing to work together for the protection of our sewer pumping stations and our water supply, the Division of Public Works and the Water and Sewer Departments (herein DPW+W+S) shall be knowledgeable about all waterways near or affecting sewer pumping stations. The DPW+W+S shall proactively address any site where a dam or blockage is likely to impact a sewer pumping station. Section 73.10: Fees The Board of Selectmen is authorized to establish a comprehensive fee schedule under this bylaw. Said fee schedule, to the extent allowed by law, shall supersede related fee schedules established by other town departments and/or boards. The intent of this section is to establish one unified fee structure relating to beaver control. Section 73.11: Severability - If any provision of this bylaw is determined to be invalid, such determination shall not affect the validity of the other provisions of this bylaw, which other provisions shall remain in full force and effect. Chapter 111: Section 122. Regulations relative to nuisances; examinations. Section 122. The board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one thousand dollars. Chapter 111: Section 123. Abatement by owner. 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. Chapter 111: Section 124. Service of order for abatement. Section 124. Such order shall be in writing, and may be served personally on the owner, occupant or his authorized agent by any person authorized to serve civil process; or a copy of the order may be left at the last and usual place of abode of the owner, occupant or agent, if he is known and within or without the commonwealth; or a copy of the order may be sent to the owner, occupant or agent by registered mail, return receipt requested, if he is known and within the commonwealth. If the order is directed against the owner and if the residence and whereabouts of the owner or his agent are unknown or without the commonwealth, the board may direct the order to be served by posting a copy thereof in a conspicuous place on the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building affected is situated. Chapter 111: Section 125. Removal of nuisance by board. Section 125. If the owner or occupant fails to comply with such order, the board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred thereby shall constitute a debt due the city or town upon the completion of the removal and the rendering of an account therefor to the owner, his authorized agent, or the occupant, and shall be recoverable from such owner or occupant in an action of contract. The provisions of the second paragraph of section three A of chapter one hundred and thirty-nine, relative to liens for such debt and the collection of the claims for such debt, shall apply to any debt referred to in this section, except that the board of health shall act hereunder in place of the mayor or board of selectmen. ivl(�� i;� ao� NN 0 O O O x g O N U) J_ m U N m 0 m 6 U U C U U O to (p U N C cc �_ uaiuai n S2wUS O OI O 0 J_ m J_ m E E O U NP O co, 0 Y cc O J a uyiQ-p m oc V U iL 3 Qy O @X .... � O O G D1 - F- r H CL Q .l 0 R CD Z O O 0 O O Q NC6 „ C4 — ,t cl� a 00 0 0 O Q LL Q �} Z W C LU W W M 2 p T W�n4 V H> wx U)C C -4 000 0 0 M O N a am wQ I m Z LUa O 0 U L: < o & C= J N D Q O 3c�c9'DLnz CL C.) co N t,- LfiN o c T O T" N O) m CL N O O NC6 Ch — ,t cl� H l0 :i M Cl) v 000 0 0 M O N ov J J O 0 C) U) 3 � r O C.) co N t,- LfiN ;CY � O M Lo >NU)co O LL OO - 4) LL q a co6 co }r2 3 Z co co O 000 Z,0 O p �Lo Lo Z W QZ 000 W2z C C JJ y 0 CV) ON QTT 0 LL ? LL V coop Z opt ? p� LLW i �C�QQQQQ O N P Z y cn v U) Q 3 -w gp �cc) cocococ i� j o o =}mwwww QSSo V = rnrnrnrnrn W----- < mm p . m �(nQLL U (— N 00 Z W00 00 d 00 co �TTT 0 0 0 0 (D It P W yL0OLLoc(DLA r2�00 p y CL Lf) LON f0 LO o 1616 p MtnUcn(ncnt- 2 L71 a O Z U) Nc) 0ccooC9ma U a Q' L t19 r ti N O P co T T N Q @ LO O) f0 @ 10 w M >�>> Q < 'o m cn _j U Em Zycnfno - OO '-' "" O QmLLm W2 00 <Z '8 R N N N14CL = LL LL N ~ s Wao 2 `° «S 6w boa) jjaf) :; (1) LL e� 0 2<- �Q �'5 O Ea mm � Z 015 V _ C L ciL o clLa= } M m c (D m �o W V as c o � o o �:)< 0 C a Z Q Li N T P m� @ LUW MLI: iri iii LL .. U cn U- o ap a. @ U o ES.. maC aT� 00 �� c7c7 Emmy �'O—gym« UY E EU rl m Fp-coo- wmYw mmQ mP0LL U =OTZ LM Fa cis U = m m Z m >1 >1 0— ti c ~~ a� H 0 U W �0- ino°w2LL Y in 2LLLLU dW(n C/) T O T" N O) m CL BK 9547 PG 51 Loan No: 641335955 Borrower: GLADYS CHASE Return to: WASHINGTON AL BANK,F.A R�'i 0�.,� 2210 ENTERP E DRIVE tAl b 101 FLORENCE A 29501 8wb4m W110 lspace Above This Une For Aeconling Dam] MORTGAGE DEFINITIONS Data ID: 126 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May 24, 2005, together with all Riders to this document. (B) "Borrower" is GLADYS CHASE . Borrower is the mortgagor under this Security Instrument. (C) "Lender" is MORTGAGE PARTNERS INC.. Lender is A CORPORATION organized and existing under the laws of the COMMONWEALTH OF MASSACHUSETTS. Lender's address is 482 AIKEN AVE DRACUT, MA 01826. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated May 24, 2005. The Note states that Borrower owes Lender EIGHTY THOUSAND and N01100•••••Dollars; (U.S. $ 80,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 1035. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider r„ ❑ 1-4 Family Rider ❑ Biweekly Payment RiderCA Ii- ❑ Other(s) [specify] , x u; !� �v C - (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulat$4@, ordinances and administrative rules and orders (that have the effect of law) as well as all appliF-a v final, non -appealable judicial opinions. ~a m h3 n � N O ..1b r- h to iVlAS$ACiI"ill$E7TS -Single Family • Fannie Mai/Fnddb Myo UNIFORM INSTRUMENT Form son 1101 (Page 1 of 11 Pages) BK 9547 PG 52 Loan No: 641335955 Data ID: 126 (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3 (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, orroceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (W "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing rephtion, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA' refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the County of ESSEX: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 500 VA`NTER STREET, ,O TH ANDOVER, MASSACHUSETTS I IAP "1 ("Proper "): MASSACHUSETTS - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3022 1101 (Page 2 of 11 Pages) sT7 RECEIVED MAY 17 2006 T N F NORTH ANDOVER HMTH DEPARTMENT Health Department 1600 Osgood Street Building 20, Suite 2-64 IJorth Andover, 01845 Attentions Michele Grant May 15, 20o6 We received a letter from your Department telling us we had 14 days to rectify the Beaver problem. I spoke to Beaver's Decisions this morning to help with the situation. The gentlemen told me that because of ell the rain and floodinc everywhere he is terribly busy. The earliest he can come out is a week. He said he would cell us in a. couple of days as to the arras ements. Therefore it would be -reatly appreciated if we can get an extension Would appreciate an answer as soon as passible. Thank you. Sincerely yours, a 4-7 4-*) 4- d 4-3 0 4-1 4-> W 4-3 cis 0 A4 t% N a n 0 0 q wl 0 -rl 0 0 4J tt 0 THIS FILE CONTAINS NO DOCUMENTS