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HomeMy WebLinkAboutMiscellaneous - 95 LACY STREET 4/30/2018 (2)Ct rq - ra, --) CI In ttORT!i q w 6' O h.. 0 ti lb */�9_ cocN�c..iwc• . 9' PUBLIC HEALTH DEPARTMENT Community Development Division September 29, 2009 Stacey Hughes -Birch, Occupant Whipporwill Farm 95 Lacy Street North Andover, MA 01845 And Marshall L Field, Adminstrator of the estate of Barbara B. Tighe 9 Central Street, Suite 300 Lowell, MA 01852 Letter of Compliance RECEIVE© OCT 0 2 2009 NORTH ANQOVER CONSERVATION COMMISSION A Health Department ORDER LETTER dated September 24, 2009 was issued to you as owner and operator, of the property listed above, citing violations of the State and local codes as found in the order. A re -inspection on September 28, 2009 _found the following corrective actions observed in relation to the Board of Health Order. The following items have been addressed: Note corrective action in BOLD 1) Within 48 hours; remove all animal waste piles from said premise. Future locations of the storage of animal waste must not impair or impact the health and safety of the public. Immediately cease storage of animal waste in any manner that violates these provisions or any provisions of the state and local codes. Pile Removed. Composted manure spread on riding ring has been raked in. No unreasonable odors detected - date observed 9/28/09. 2) Within seven days; submit a diagram of the property indicating the proposed location for future stockpiling and an intended schedule of annual removal. These proposals must be in line with the best practices utilized in the proper keeping of manure and in compliance with the state and local regulations. If you need assistance, the North Andover Health Department and Conservation Department will be available to assist you in determining a proper location. Representatives from the North Andover Conservation and North Andover Health Departments agreed on the following plan; a. A dumpster has been placed for storage of manure and will be removed upon the filling of the dumpster or on an as needed basis upon filling i. A dumpster permit application will be submitted to the Health Office and an annual permit will be issued as long as it is in compliance with the North Andover Dumpster Regulations. b. The location of the dumpster as shown by the "X" between the two structures, as found on the attached photo, has been approved. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 918.688.8476 Web www.townofnorthandover.com This re -inspection of the property on September 28, 2009 has found that all of the violations noted on the Order Letter of September 24, 2009 have been corrected. Thank you for your cooperation in this matter. Sincerely, usan Y. Sawyer, REHS S Public Health Director Cc: ➢ John O'Mahony, Jr. and Stephanie L. O'Mahony, 143 Lacy Street, North Andover ➢ Gerard Kennedy, Director, Division of Agricultural Technical Assistance, Massachusetts Department of Agricultural Resources ➢ Linda Harrod, Inspector, Department of Food & Agriculture, Bureau of Animal Health ➢ Bill Blanchard, Inspector, Department of Food & Agriculture, Bureau of Animal Health ➢ William N. Hurley, Esq., Lowell, MA, Attorney for the Estate of Barbara Tighe ➢ Curt Bellavance, Director of Community Development, Town of North Andover ✓ ➢ Jennifer Hughes, Conservation Administrator, Town of North Andover ➢ Michele Grant, Public Health Inspector, Town of North Andover ➢ Mark Rees, Town Manager, Town of North Andover Attachment: ➢ Photograph of dumpster for manure storage between two structures at 95 Lacy Street ➢ Aerial photograph with `°X" indicating location of dumpster 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com . 14.4x'.. IF a IF . 4 O do DAA PROJECT LOCAION: TIME OF CALL: 9 2�� NA .�1 LIC�I �lgNe S_ �j re U FIRM/AGENCi��1 �1 TELEPHONE #: UUJFL'I: I °S;z�d AAduU ul�Q�t-��Q • acE�v�ed' kc n�,�e � y4�C4 OY!iq AL0 rnrv�n�d€a� U dLlo,zun-cam 4 - /Z) 7`ahl ��ue �� ���rr✓� c� � fns. � & f G) a m o -n ° p `I > m L` m 3. • D m D p . ..] l •� tom, h co M m m J z v .0 -_I Z m T D ^� U co m 0D 3 o mz m 008 �r zD r"n D CpC nDm p z CO r r 0 O ID v' N CONSERVATION DEPARTMENT Community Development Division December 11, 2009 Stacey Hughes -Birch, Occupant 95 Lacy Street North Andover, MA 01845 AND Marshall L. Field Administrator of the Estate of Barbara B. Tighe 9 Central Street, Suite 300 Lowell, MA 01852 RE: EMERGENCY CERTIFICATION- Removal of Unsafe Structure (large shed) at 95 Lacy Street, North Andover Dear Ms. Birch and Mr. Field: Enclosed please find the Emergency Certification Form issued by the North Andover Conservation Department permitting the removal of an unsafe structure located on the above referenced property. The structure is located within a wetland resource area (Bordering Vegetated Wetland - BVW) jurisdictional to the North Andover Conservation Commission and within an existing paddock. The structure was ordered to be removed or repaired by the North Andover Building Department in a letter dated December 2, 2009. Per a discussion with Ms. Birch at the Conservation Department Office on December 7, 2009, all work shall be done under frozen conditions. This will allow a tractor to access the structure to remove an old vehicle and all other materials that cannot be removed by hand with the least amount of disturbance to the wetland resource area. All work shall be conducted within the existing fenced paddock area. In addition, all disturbed soils shall be stabilized with straw mulch following repair or removal. Areas that do not re -vegetate naturally in the spring shall be seeded with a seed mix prior to June 30, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, -Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.towiiof iorthandover.com/Pages/NAndoveriNLA—Consen,ation/index "r 2010. All debris from demolition of the structure shall be disposed of properly outside wetland resource areas. Please contact the Conservation Department before starting work and when the demolition is complete. The attached permit is valid for 30 days from the start date which has been input as December 14, 2009. Please feel free to contact me if you have any further questions or concerns in this regard. incerely, j ) Je er A. H ghes j Conservation Administrator CC: Board of Health Building Department Department of Environmental Protection, Wetlands Division, NERO 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conscn ation/index LjMassachusetts Department of Environmental Protection ) I Bureau of Resource Protection - Wetlands WPA Emergency Certification Form 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. A. Emergency Information Issuance From: 1. Site Location: North Andover Conservation Commission Issuing Authority 95 Lacv Street 2 Reason for Emergency: Unsafe structure per Building Dept. (see attached letter dated December 2 2009) 3. Applicant to perform work: Stacie Hughes -Birch 4. Public agency to perform work or public agency ordering the work to be performed: North Andover Buildi 5. Date of Site Visit: 9/28/09 6. Work to be allowed*: ent Start Dat End Date*: no later th4 3b day from om start date or 60 days in the case of an Immediate Response Action approved by DEP to address an oil/hazardous material release. Removal of unsafe structure (large shed) and items stored therein from area of Bordering Vegetated Wetland (currently maintained as paddock). Applicant will perform work using a tractor. Shed removal shall occur under frozen ground conditions. The work area shall be stabilized with hay mulch following structure removal and shall be reseeded in the sprinq. * May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Signatures: ,4i /V-7o� Chairn r designee) Date A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certification Rev. 01/31/0 Page 1 of 2 rI LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. 5. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Emergency Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification withoutwritten approval of the Department. D. Special Conditions See attached letter. E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Emergency Certification Page 2 of 2 Rev. 01/31/0 - V' �c G 2 o OZ J cc �m O w0 w m w �` -J Uq -jo S wr, 2w G( H� Zw dN S a cc ¢ o LL r z FW W W ❑ �/1 D (\ 1 z w .� O w ww Q 00 w W Q 0 W 7 (D o 1 2 co July 22, 2010 Town of North Andover Mark Rees, Town Manager 120 Main Street North Andover, MA 01845 Dear Mr. Rees, RECEIVED JUL 2 2 2010 NORTH ANDOVER CONSERVATION COMMISSION We are submitting a formal complaint regarding the situation at 95 Lacy Street, North Andover. The current resident has been adjudicated by the Essex Probate Court to own 3 (three) acres of lard, consisting of the former Tighe home and the land adjacent to this structure. She does not own or have access to the barns, driveway or any portion of the remaining 9 acres of the property. A plot plan for the property was approved by the North Andover Planning Board several years ago when it was approved for 3 lots, not including the 3 acre parcel which is currently occupied by Stacy Hughes -Birch. Ms. Birch's use and abuse of the property is the subject of this complaint. She was ordered to vacate the approximately 9 acres of land owned by the Estate of Barbara Tighe in 2006 and finally complied with the Court order in May, 2010. She was ordered to remove all her animals, chattel and to remain off the land henceforth. She currently has no less than 8 (eight) horses, 4 chickens and one rooster, a large pig, and a peacock all housed on the 3 (three) acre parcel the Court deemed was for her use. She only has a life estate in the property. Pursuant to the Town of North Andover zoning laws, conservation regulations and health department regulations, she is currently in violation of a multitude of laws, the least of which that she can only have one animal (livestock) on her 3 acre parcel. In addition to the flagrant and open violation of the zoning laws regarding livestock, (she needs a minimum of five acres to run a farm as she is presently doing), she is also in violation of the regulations governing proper disposal of animal waste, ie. horse and pig manure and shavings. She does not have a proper container for the manure or have it removed, as is required, but, rather, is just dumping into the back of her property, much of which is currently deemed Wetlands. This contamination of the property has been ongoing and she had been ordered by the State Department of Agriculture to have the manure removed, as well as the Essex Probate Court. When ordered, she has removed it on two occasions in the past 2 years, but, then just resumes her illegal storage and dumping as she pleases. She does this openly and flagrantly. For almost 8 months she had an area comprising over one acre covered with manure and waste materials, nearly 6 to 8 feet in height on the Estate property until ordered off at the threat of incarceration in May, 2010. The police have been to this property, as well as the conservation department and the building department at different times and she has not been fined or had any action taken by any Town entity. That is not the experience of other residents on this street who have had to comply with conservation and building codes when building their homes or when the conservation commission deemed them in violation of different regulations. Since being forced off the Estate property, she has been cutting trees and clearing brush in the wetland areas in order to enlarge her usable land space. She has also erected rope paddocks and fencing in which are also on wetland areas. The time for Ms. Birch to be treated differently needs to end now. If she can openly have over 12 undomesticated animals on her three acres of land, that should apply to everyone. I have one and a half acres of land, does that allow me to buy and house two horses on my property? If not, action needs to be taken immediately by the respective Boards and Commissions in this town and close down this "farm", force her to comply with the Wetlands Protection Act and local town ordinances and be treated as any other resident in North Andover who would be so bold as to openly and flagrantly ignore the applicable regulations regarding livestock and animal waste. The State Board of Agriculture will be notified of her misuse of the property, particularly with respect to her ongoing disregard for the integrity of the land and the surrounding wetlands and conservation property. The residents of this neighborhood have noted an increase in the mosquito and horse fly population, suffer the smell of manure and animal waste on these hot summer days and believe their health and the integrity of the surrounding properties is in jeopardy of contamination by allowing this behavior to continue. We cannot and will not stand by as she continues to enjoy her 3 acre farm and cause property damage and open violation of Town Ordinances. We are direct abutters to this land at 90 and 143 Lacy Street and would like action to be taken immediately to remediate these issues. Thank you for your attention and I await your actions on this issue. Respectfully Submitted, Diane R. McGarvey, 90 Lacy Street, North Andover Stephanie & John O'Mahony, 143 Lacy Street, North Andover Cc: Jennifer Hughes, Conservation Department Susan Sawyer, Health Department Gerald Brown, Inspector Building & Zoning Curt Bellevance Jown Managers Office Department of Agricultural Resources, Boston Estate Attorney Neil Hurley, Lowell, MA 1 z �"- 0 C:) � yo(D o LI) -1 0 va CD a� 0 00 ORT %-aD i6� tiOO O L 4t PUBLIC HEALTH DEPARTMENT Community Development Division September 24, 2009 Stacey Hughes -Birch, Occupant Whipporwill Farm 95 Lacy Street North Andover, MA 01845 And Marshall L Field, Adminstrator of the estate of Barbara B. Tighe 9 Central Street, Suite 300 Lowell, MA 01852 Board of Health Order Letter RECEIVED OCT 0 2 ZUU9 NORTH A1'40UVth CONSERVATION COMMISSION This letter is in response a complaint submitted to the Health Department regarding the property at 95 Lacy Street. As occupant and overseer of the property, please be advised that an inspection of the area was conducted on September 21, 2009. The inspection revealed conditions which are violations to state and local regulation. Condition observed: (see aerial photo for site location) ❖ Manure pile (see attached photos) ➢ located 8 feet from lot line, ➢ less than 50 feet from a potable residential water supply well. ➢ Over 6 feet in height ➢ Less than 20 feet from residential swimming pool (debris from airborne dried manure floating in the pool ➢ Less than 100 feet from residence ➢ Manure odor evident; steam rising from pile indicating active organic decomposition of the manure ❖ Manure spread on the surface of the ground (see photo) 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ➢ Distributed manure had been spread and not turned or tilled in over vast fenced area; area used as a riding ring, paddock etc. Not used for agricultural purpose such as the growing of vegetables or hay. Regulations and Laws violated 1) The visual and odor conditions observed are deemed a nuisance by the North Andover Board of Health and as such are. a violation as follows: Mass General Laws 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. 2) The location of the manure pile is deemed a source of potential contamination to a potable water supply. In keeping with the Town of North Andover regulations as the run off from the manure pile can be considered comparable to the effluent from a permanent manure pile; the pile should be located greater than one hundred (100) feet from the potable well. The adjacent property, 143 Lacy Street, is serviced by an on-site well water system. TOWN OF NORTH ANDOVER BOARD OF HEALTH WELL REGULATIONS 3.2 There shall be a separate well for each building. It shall be constructed up -gradient from all sources of potential contamination and must be located at distances which are to be equal to or in excess of the following; 1) 100 feet from any septic leach field or existing underground storage tanks 2) 75 feet from any septic tank 3) 50 feet laterally from the normal high mark of any water source 4) a minimum setback of 25 feet from all streets, lot lines and driving surfaces. 5) 20 feet from existing building sewers, and underground swimming pools 3) The location of the pile is considered to unreasonably interfere with the enjoyment of residential property. MA 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.09: U Dust, Odor, Construction, and Demolition (1) No person having control of any dust or odor generating operations such as, but not limited to asphalt batching plants, asphalt roofing materials manufacturing plants, asphalt blowing plants, foundries, chemical products manufacturing plants, incinerators, fuel utilization facilities, petroleum products manufacturing plants, aggregate manufacturing plants, food preparation or processing facilities, wood products plants, dry cleaning establishments, paint and varnish manufacturing plants, paper manufacturing plants, leather manufacturing plants, concrete batching plants, metal coating and treating plants, land clearing operations, construction work, dump operations, agricultural operations and street sweeping shall permit emissions therefrom which cause or contribute to a condition of air pollution. (3) No person responsible for an area where construction or demolition has taken place shall 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com a ' cause, suffer, allow, or permit particulate emissions therefrom to cause or contribute to a condition of air pollution by failure to seed, pave, cover, wet, or otherwise treat said area to prevent excessive emissions of particulate matter. The Health Department is empowered to enforce Department of Environmental Protection standards by the provisions of 7.52: U Enforcement Provisions. "Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the Department to enforce, as provided for in M.G.L. c. 111, § 142B, any regulation in which specific reference to 310 CMR 7.52" is cited. For these reasons above, you are hereby ordered to; 1) Within 48 hours; remove all animal waste piles from said premise. Immediately cease storage of animal waste in any manner that violates these provisions or any provisions of the state and local codes. Future locations of the storage of animal waste must not impair or impact the health and safety of the public. 2) Within seven days; submit a diagram of the property indicating the proposed location for future stockpiling and an intended schedule of annual removal. These proposals must be in line with the best practices utilized in the proper keeping of manure and in compliance with the state and local regulations. If you need assistance the North Andover Health Department and Conservation Department will be available to assist you in determining a proper location. You have the right to request an appearance before the Board of Health if you disagree with the Board of Health Order. If you wish to request such a hearing, you must submit a request in writing within seven (7) days of receipt of this order letter. At a hearing, you may present evidence as to the reasons the Order should be modified or revoked. Once submitted, all parties affected will be notified as to the place and time of the meeting. Thank you for your anticipated cooperation in this matter. Sincerel , 2 usan Sawyer, REHS/RS Public Health Director Cc: ➢ John O'Mahony, Jr. and Stephanie L. O'Mahony, 143 Lacy Street, North Andover ➢ Gerard Kennedy, Director, Division of Agricultural Technical Assistance, Massachusetts Department of Agricultural Resources ➢ Linda Harrod, Inspector, Department of Food & Agriculture, Bureau of Animal Health ➢ Bill Blanchard, Inspector, Department of Food & Agriculture, Bureau of Animal Health ➢ William N. Hurley, Esq., Lowell, MA, Attorney for the Estate of Barbara Tighe ➢ Curt Bellavance, Director of Community Development, Town of North Andover ➢ Jennifer Hughes, Conservation Administrator, Town of North Andover ➢ Michele Grant, Public Health Inspector, Town of North Andover ➢ Mark Rees, Town Manager, Town of North Andover Attachments — Aerial Photographs of 93 Lacy Street (2) via MIMAP-notated and Pictometry Photographs of Animal Waste Piles, Spreading of Waste (95 Lacy Street); Pool; Well (143 Lacy Street) (4) 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 fox 978.688.8476 Web www.townofnorthandover.com r . I illi tiii •: 9111$a y ` .�...,..........,/ , . _.•ter .......w-°-° 1 It t •e k ` pORTH I -(%.SD ,6 q� O O 6 ti �' � oa •M • O coc«Icwiwrt« ��• SAC HUS���� CONSERVATION DEPARTMENT Community Development Division July 29, 2009 Stephanie & John O'Mahoney 143 Lacy Street North Andover, MA 01845 RE: DEP File#242-745 Dear Mr. & Mrs. O'Mahoney: Following the receipt of a complaint of possible vegetation cutting and ATV use in wetland resource areas, I inspected your property (with your approval) at 143 Lacy Street. We walked trails on the southeastern portion of the lot in the vicinity of a small pond. It is apparent that a small motorized vehicle has been on the trails but rutting was limited to a small area on the east side of the pond where the path crossed an area of Bordering Vegetated Wetland. No cutting of vegetation was observed. Per our discussion on site, you agreed that the BVW crossing would no longer be utilized by motorized vehicles and the wetland would be allowed to revert to a natural state. Please feel free to contact me should you have further questions in this regard. Sincerely, ' ,NORTH ANDOVER ONSSERVATION COMMISSION Uc \� ' G "jemnifer A. ughes Conservation Administrator 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com NORTHIANDOVER CONSERVATION DEPARTMENT TELEPHONE LOG DATE AND TIME OF CALL: 1 /d dl l o ^MESfarry FIRM/AGENCY: qS PROJECT LOCATION: SUBJECT: TELEPHONE #: n r� ( At �Y�lrtP�t LA- M4, + kmCjll-ov f NORTFf 1t ACH CONSERVATION DEPARTMENT Complaint/investigation Intake Report - Taken by: Domhh- Date of Report: Time: Category/Type of Complaint: Address/Location of Incident: Name of Person Reporting: Phone Number: (H) or (W): Phone Number: (Cell): �of Ate\jed Violator: ' Phone Number of Alleged Violator: Complaint Details: C� x' •c?.�•_-- � C���c� ��-�-SCA—� Recommended corrective action to be taken: Immediate corrective action to be taken: To be Investigated by: Title: Date Scheduled for Investigation: Date Submitted for Data Entry: Date Entered: r f NORTH 1 O �i�ao as ti0 k i CHU CONSERVATION DEPARTMENT Complaint/investigation Intake Report - Taken by: Date of Report: 7— / a -- ZZ Category/Type of Complaint: &-:3 6%1 --- Name of Person Reporting: Time: i Address/Location of Incident: j Phone Number: (H)o r 6l7 99? - /3.7 �---L. 'J0� Phone Number: (Cell): Name of Alleged ViolatoK.. Phone Number of Alleged Violator: Comp�Details: pa ��- also we, Aace a,(A ®r -le -r- elk l ®C l ,,e cL 14 -- Recommended corrective*`fiction to be taken: Gz 6L(Ie )!�e e -tom //owls_- - -- Immediate corrective action to be taken: To be Investigated by: Title: Date Submitted 'iittedll for Data Enntr�y:: C (? Date Scheduled for Investigation: Date Entered: Gaffney, Heidi From: Sent: To: Cc: Subject: Dear Mr. Muldoon, Gaffney, Heidi Tuesday, July 12, 2011 3:38 PM 'Dana. Muldoon@state.ma. us' Hughes, Jennifer 95 Lacy Street Today at around 2pm I entered the property of 143 Lacy Street (with prior permission from the land owners) to view the ongoing work reported at 95 Lacy Street. Work was underway at the time of the visit. The work appears to be filling and grading in the front portion of the property beginning at the street and extending along the north east property line and stopping just in front of an existing barn on the property. The wetland near to this work was issued an ORAD by the North Andover Conservation Commission on June 23, 2011 and is currently under appeal review with DEP. That being said, the wetland delineation would need to move over 200 feet upland for the work currently ongoing at 95 Lacy Street to become jurisdictional. However, there is currently no approved wetland delineation for the property at 95 Lacy Street. It was also reported that there may be unpermitted structures (sheds) located on 95 Lacy Street. The locations of these structures also appear to be outside of the jurisdiction of the NACC, but again there is currently no approved wetland delineation for the property. Please contact me if I can be of further assistance. Sincerely, Heidi Gaffney Conservation Field Inspector Town of North Andover 1600 Osgood Street North Andover, MA 01845 978-688-9530 phone 978-688-9542 fax COMMONWEALTH OF MASSACHUSETTS ESSEX, SS MARSHALL L. FIELD, ADMINISTRATOR WITH THE WILL ANNEXED OF THE ES- TATE OF BARBARA B. TIGHE Plaintiff lv STACEY HUGHES -BIRCH ) Defendant ) MOBATE & FANULY COURT Docket No. 04EO083 RECEIVED SEP 2 9 2009 NORTH ANDOVER CONSERVATION COMMISSION EX PARTE RESTRAINING ORDER The court having determined upon the affidavits and allegations presented before the court at Ex Parte Hearing upon plaintiff's motion for restraining order that the conduct of the plaintiff in her use and occupancy of land previously determined by this court to be property of the residuary heir under the Will of Barbara Presents a real, present and immediate threat to the public and to the interests of such residuary heir, the court enters the following order, subject to review upon notice to the defendant to be heard on September30, 2009: 1. That said defendant shall cease and desist using Lots 3A, 4A and 5B upon a plan of lane entitled "Plan of Land in North Andover, Mass. Prepared for the Estate of Barbara Tighe, 95 Lacy Street, Scale 1" = 40; Date: February 21, 2006". as previously ordered by this court by order dated March 9, 2006, July 28, 2006, September 5, 2006 and February 7, 2008, upon this docket.(Copy of Plan Attached) 2. That said defendant shall not interfere with Plaintiff s entry upon said lots to remove structures thereon, all as provided in said previous orders, on the emergency basis that said structures present an immediate issue of public safety and their presence exposes the Estate of Barbara Tighe to liability to third parties. -1- Z -d 92LS ZS* BL6 -bs3'R01jnH 'N wet iijP1 d92:20 60 EZ dag 3. That said defendant remove all livestock from ;lots 3A, 4A and 5B, all as previously ordered and to cease and desist from burdening said lots with the presence of additional livestock. 4. That said defendant be ordered to immediately remove all animal waste from said lots 3A, 4A and 5B, inasmuch as the plaintiff's continuing and escalating violations of previous judgments and orders of this court are endangering the health and safety of abutters to the premises by reason of threat of contamination to. wetlands and to wells providing potable water to abutters. September 22, 2009 EowAILD 3u Ude I X JLU ,J .i court.; I, Pamela Casey O'Brien, Register of Probate Court for Essex County do hereby Ce, that the foregoing is a'true copy of a document on file in this court. IN WITNESS. Whereoty I have set my hand andaffixed the seal SEP 2 `� 2009 of sand Court this ESSEX, SS' "t PROBATE COURT CERTIFIED REGIS TER OF PROBATE A TRUE COPY ........ .,, - -•_��,;tet_..:._ ' -2- E-d sets est, 8t6 •bs3'RaijnH 'N wet ii.z M d9Zre0 60 EZ dag a I •d William N. Hurley 287 Appleton St Suite 208 Lowell, Massachusetts 01852 Telephone: (978) 452-4925 Facsimile: (978) 452-5726 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 978 688-9542 To: Ms. Susan Sawyer, Director Of No. Andover Health Department From: William N. Hurley Client/Matter: Tighe Est. v. Stacey Hughes -Birch Date: September 23, 2009 DOCUMENTS _[NUMBER OF PAGES* Ex Parte Restrainin order . ........... COMMENTS: Sgt. Grey: As discussed, I am providing a copy of the Probate Court's Ex Parte Restraining Order for the department's information. Thank you for your assistance. William N. Hurley please see attached. The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader o this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via U.S. Postal Service. Thank you for your cooperation. I W -K i uNu wvCK sriEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (978) 4524925 92LS Est, SL6-bs3'R6t.arH •14 wu'TTTM dS2:20 s0 EZ des F 51 40 ` ball .44 +•'$art i ! .} a oa oil 4. air• � �� ��i�"'-� .' ti i � �v oil a ' f ' �•d 9ZGS ZSb 8L6 'bs3'RaI-+nH 'N we -[f iT.M d92:20 60 EZ des STitcc� �/�"P. `fU?L►. x"770 %11301,07 1,: r7,per, North Andover MIMAP ��,� � 95 Lacy Street July 30, 2009 105.D-0846 • :_.: • .. _-'u .:r:: _ �. - '„r_:: i 1033)-0028 _... •� 33::-3:3.` :"• :':_. i?"'.11.1.:::_' • ..::.-_.._ �� _ I, .. � 105.D-004? 1053)-0168 105.D-0164 :__ —.. s 7:7 105.D-016? I �J- '•.. �ltt.. }I{... �1t. •'-'::�,1fi.. it 105J)-0027 .. _. .. ���JJIA�Mii!!! 1053)-01?0 105.)-0048 \ i� a_ r J. 105.)-0030 105.)-0049 n 1 a� 105.D-0050 4�r(f. •33_33 :. 105.)-0032 105.)-0051 f' ,i 105.D-0031 - -_ -00 - 105.D-0113' 105.)-0114 3.3_33. ... ... .:-• — Rail Line Interstates Interstate Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, — Major Roads Roadspf Easements NORTM ••`� �� •e CQ Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this map is for — Trails3' Streams L f -• ' --' 9 planning purposes only. It may not be adequate for legal boundary definition or regulatory Interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING 0 MVPC Boundary ♦ • i s ♦ THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT El Municipal Boundary +F �o • ♦ ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF ❑ Parcels `�""'�� • �l gO��•ao ��`�� THIS INFORMATION Hydrographic Features q`SSACHUS�t Wetlands Exempt Lands 1" = 154 ft 13ble `1 I `-3o Pry -1 ajeL� 'Worth Andover Pictometry Viewer Town of North Andover, Massachusetts -17 I. Municipal Information Mapping Access Program {MIMAP) Page 1 of 1 edridart wn.ynn..t cem.n..im don nd m.kv.naamnn.expmmd drmgi�ndmdme ny kpY uemiry ar mprm[mniry �.m[.ar<.�.n..p.�.. or amfirYau. ddre c«�r,rm mwmn.no. cy,m f[ll$) IAu dr.y dlvdm panted Ynm. 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