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Miscellaneous - 95L-2A Lacy Street
North Andover Board of Assessors Public Access t r' NO RTM 3r e.. a. .... •• UL F 9 �SSwCHUSFt Click Seal To Return Search for Parcels Search for Sales Summary Residence Detached Structure Condo Commercial r s Page 1 of 1 roperty Record Card Location: 95L -2A LACY STREET Owner Name: TIGHE, BARBARA Owner Address: 95 LACY STREET City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood: 6 - 6 Land Area: 3.31 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 1584 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 335,400 343,100 Building Value: 110,900 118,600 Land Value: 224,500 224,500 Market and Value: 224,500 Chapter Land Value: http://csc-ma.us/PROPAPP/display.do?linkld=1707564&town=NandoverPubAcc 4/1/2011 r r 0 N LL I— W W H N g N J O O) U) '2W ()CO W 720 Lp U Q J W U aQ o d d FB O O O O -p O O O J O 9 r O N LO N LO 4 V y R CN N N O O a3 ca Ta) O ai :2 Of a O r O 3(dIQ ', U C - U U m ^ >Nr- 00 •,• CL m' = a aa) 00 0) o c o N a c 2 w U 5 OZ N N Z N N O Zr H Q -6-6 c 2Z WOO O N O �� o w 0 V O M O^� QrN LL 0 0 z 0)(0 c m LL Z«.ON Z o ao �U O�� O -o m �c4 v c in .. 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North Andover Health Department (ommunity Development Division March 17, 2011 Stacy Hughes Birch 95 Lacy Street North Andover, MA 01845 RE: Animal Permit Apulication — 95 Lacv Street, North Andover, MA 01845 Dear Ms. Hughes -Birch: On behalf of the Town of North Andover Health Department, this is in response to your application for an Animal Permit, recently submitted by you with respect to animals kept at the property consisting of Lot 2A, 95 Lacy Street, North Andover, Massachusetts (the "Property") which is in the Residence 1 Zoning District. The Animal Permit application form states that the issuance of any such permit is "subject to the rules and regulations of the local Board of Health and Zoning Bylaws." Specifically, the North Andover Zoning Bylaw § 4.121.6.a provides that: On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5), the keeping of one additional animal or bird but not the keeping of animals, birds, or pets of persons not resident on such lot. Your lot is less than 5 acres and according to your application you have more than 5 animals in addition to household pets. As you know, on or about August 17, 2010, Gerald Brown, in his capacity as Inspector of Buildings for the Town, sent written notice to you regarding violation of Bylaw § 4.121.6., regulating the keeping of a number of non -household animals at the Property. A true and correct copy of the notice of violation is attached. No appeal was taken from this Notice Accordingly, in view of the notice of violation and your continued noncompliance with the applicable Zoning Bylaw, please be advised that your application has been denied. As such, we are returning your application and check with this letter. Thank you for your cooperation in this matter. If you have any questions regarding this correspondence please contact the Health Department. Sincerely, ,0".,4 Su an-SawyerH9/R.S/— Pidblic Health Director Attach: Animal Permit Application & Check Cc: Gerald Brown, Inspector of Buildings, Town of North Andover Curt Bellavance, Community Development Director, Town of North Andover File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Susan Y. Sawyer, REHS/RS 978.688.8476 — FAX Public Health Director healthdept(&,townofnorthandover.com Animal Permit Form www.townofnorthandover.com The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 23, 131 and 143 of the General Laws, and subject to the rules and regulations of the local Board of Health and Zoning Bylaws. ADDRESS/LOCATION OF OWNER'S OWNER'S Dealer: Y No IF Adult Young (number of) 1. Cattle (Adult = 2 years & over) Dairy — Beef _ Steers/Oxen 2. Goats (Adult = 1 year & over) _ 3. Sheep (Adult = 1 year & over) 4. Swine: f OOQT1, 1 Feeders TOWN OF NORTH ANDOVER 6. Equines: Horses / Ponies A Office of COMMUNITY DEVELOPMENT AND SERVICES Stable use j HEALTH DEPARTMENT ''s"""°'*���" s,�c,ws� 1600 OSGOOD STREET; Building 20; Suite 2-36 Rental D NORTH ANDOVER, MASSACHUSETTS 01845 978.688.9540 — Phone Susan Y. Sawyer, REHS/RS 978.688.8476 — FAX Public Health Director healthdept(&,townofnorthandover.com Animal Permit Form www.townofnorthandover.com The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 23, 131 and 143 of the General Laws, and subject to the rules and regulations of the local Board of Health and Zoning Bylaws. ADDRESS/LOCATION OF OWNER'S OWNER'S Dealer: Y No IF Adult Young (number of) 1. Cattle (Adult = 2 years & over) Dairy — Beef _ Steers/Oxen 2. Goats (Adult = 1 year & over) _ 3. Sheep (Adult = 1 year & over) 4. Swine: Breeders ` Feeders 5. Llamas / Alpacas _ 6. Equines: Horses / Ponies Donkeys / Mules _ Stable use j Private Y Boarding L7 Training D Rental D Lessons D `Name o pp is (PLEASE PRINT) TOTAL ACREAGE: Contact Phone Numbers (indicate cell; home; work etc.)y FEE: $35.00 Please make check payable to: Town of North Andover (mail to above address) IF NOT RENEWED BEFORE MARCH 1sT, THE FEE WILL BE DOUBLED TO $70.00 Information requested by the Department of Agricultural Resources Bureau of Animal Health — Form 74- 500 BKS — 7103 — 4DBSBBI- Serial Number YeSc Month, Day Post Office U.S. Dollars and Cents 18107972447.'.'.&"1:" :2011-02-24 019210 a �. Aliont �y��, AA ..:C1Y� i1iJLLiti�J & ox Y Pay to 7 /7 h? j�' � IYVE BOsr .f i Clerk Address Memo �(• � * *r aoe unn.a s.lm PMtol Servke. All RigFits Reserved. : SEE RE 1:00000800 2102 _ _ X810 7 ol TERSE WARNING • NEGOTMLE ONLY IN THE U.S. AND POSSESSIONS 97 244711' z m m z O , a 3 D z W mz z a x m Oz O 0 Z x r c cc .r( £ O v D r O A z I to 2 A 2 1 z M 3 > m O C x a a N y a z x z D a �, m z 0 n � O n , > Co 0 Nz m fA 2 N_ A O a z0 Z O 0 A rn 3 z 1 1p 6 z a c c z m It North Andover Board of Assessors Public Access It Page 1 of 2 NORTh North Andover Board of Assessors is s.� r. •_... • OL MATCHING PARCELS "SSAcMus� Click on a column title to sort data by that column Click Seal To Return 47 items found, displayingall items.l Fiscal Year Parcel ID StNo. Street Owner Name 2011 210/105.A-0009-0000.0 0 LACY STREET TOWN OF NORTH ANDOVER, Search for Parcels 2011 210/105.A-001 6-0000.0 0 LACY STREET TOWN OF NORTH ANDOVER, 2011 210/105.C-0018-0000.0 0 LACY STREET MURPHY, LEO, C/O MRS THOMAS REID Search for Sales 2011 210/105.C-0081-0000.0 0 LACY STREET TOWN OF NORTH ANDOVER, 2011 210/105.A-0010-0000.0 0 LACY STREET TOWN OF NORTH ANDOVER, 2011 210/105.13-0170-0000.0 OL -3A LACY STREET TIGHE, BARBARA, 2011 210/105.D-0169-0000.0 OL -4A LACY STREET TIGHE, BARBARA, 2011 210/105.D-0168-0000.0 OL -513 LACY STREET TIGHE, BARBARA, 2011 210/105.A-0012-0000.0 0 LACY STREET TOWN OF NORTH ANDOVER, 2011 210/105.A-0035-0000.0 0 LACY STREET WINDRUSH FARM THERAPEUTIC EQUITATION,INC, 2011 210/105,A-0014-0000.0 0 LACY STREET TOWN OF NORTH ANDOVER, 2011 210/105.A-0034-0000.0 0 LACY STREET WINDRUSH FARM THERPEUTIC EQUITATION, INC, 2011 210/105.D-0032-0000.0 1 LACY STREET CARNEY, KEVIN, MAUREEN CARNEY 2011 210/105.D-0026-0000.0 4 LACY STREET VINCENT, MARK J, BONNIE W VINCENT 2011 210/105.D-0073-0000.0 10 LACY STREET POGOR, WILLIAM, 2011 210/105.D-0115-0000.0 17 LACY STREET RUNDLE, SCOTT E, HELEN DENISE RUNDLE 2011 210/105.D-0053-0000.0 18 LACY STREET O'MALLEY, JAMES S, MARIE K O'MALLEY 2011 210/105.D-0052-0000.0 30 LACY STREET KOUNELAS, ANDREA, 2011 210/105.D-0114-0000.0 31 LACY STREET O'LEARY, JOHN V, MONICA M O'LEARY 2011 210/105.D-0051-0000.0 42 LACY STREET D'ENTREMONT, PATRICK & KELLY, 2011 210/105.D-0113-0000.0 45 LACY STREET HALE, MICHAEL, HALE, KRISTI 2011 210/105.D-0050-0000.0 54 LACY STREET WALLACE, JOHN & MARY, 2011 210/105.D-0049-0000.0 66 LACY STREET ROBINSON, CRAIG J., ROBINSON, SUSANNAH R. 2011 210/105.D-0048-0000.0 78 LACY STREET HURTON, PAUL M, JANE D HURTON 2011 210/105.D-0031-0000.0 79 LACY STREET ERAMO FAMILY TRUST, DEBORAH PICARD, TR 2011 210/105.D-0027-0000.0 90 LACY STREET MCGARVEY, DIANE, i 2011 210/105.D-0030-0000 95L -2A L CY STREET TIGHE, BARBARA, 2011 210/105.D-0047-0000. LACY STREET COPPA, THOMAS P, MELINDA M COPPA 2011 210/105.D-0028-0000.0 114 LACY STREET AYRES, LISA, 2011 1210/105.D-0046-0000.01 126 LACY STREET MCLELLAN, DAVID L, http://csc-ma.us/PROPAPP/newSearch.do;j sessionid=517CCD32B 5E8B3461740226FADD... 4/1/2011 4 North Andover Board of Assessors Public Access N Page 2 of 2 http://csc-ma.us/PROPAPP/newSearch.do;j sessionid=517CCD32B5E8B3461740226FADD... 4/1/2011 BARKHOUSE, PAUL R, NANCY M 2011 210/105.D-0029-0000.0 138 LACY STREET BARKHOUSE CGT LACY TRUST, O'MAHONY,JOHN B.& 2011 210/105.D-0167-0000. 143 LL .CY STREET STEPHANIE L. TRU 2011 210/105.C-0024-0000.0 150 LACY STREET MC LEAN JR, JOHN G & CYNTHIA, 2011 210/105.D-0063-0000.0 157 LACY STREET FANUELE, DAVID C., FANUELE, ERICA K 2011 210/105.D-0062-0000.0 169 LACY STREET CURRIE, DIANE M, 2011 210/105.C-0019-0000.0 170 LACY STREET RAINVILLE, NANCY J, ANDERSON, STEVEN, VIRGINIA R 2011 210/105.D-0061-0000.0 181 LACY STREET ANDERSON VON STERNBERG, GREGG, 2011 210/105.C-0050-0000.0 182 LACY STREET MARGARETHA VON STERNBERG SMITH, NATHAN L, III, GERILYN K 2011 210/105.C-0020-0000.0 192 LACY STREET SMITH ENTSMINGER, ARLEN R, CATHERINE L 2011 210/105.D-0060-0000.0 193 LACY STREET ENTSMINGER TARANTINO, MARC & ARLENE, C/O 2011 210/105.C-0008-0000.0 202 LACY STREET BANK OF NEW YORK MELLON 2011 210/105.0-0029-0000.0 218 LACY STREET MORAN, TROY J., MORAN, HEIDI Y. 2011 210/105.C-0030-0000.0 230 LACY STREET ST. JAMES, CAROL T, 2011 210/105.C-0031-0000.0 242 LACY STREET MANTEIGA, JOHN A, ANNE C MANTEIGA 2011 210/105.C-0038-0000.0 254 LACY STREET BENINATO, PAUL P, AMY S BENINATO 2011 210/105.C-0032-0000.0 266 LACY STREET RENNIE, GEORGE P, JOANNE RENNIE 2011 210/105.A-0011-0000.0 500 LACY STREET LAHLUM, ROBYE, 47 items found, disDlavine all items.1 http://csc-ma.us/PROPAPP/newSearch.do;j sessionid=517CCD32B5E8B3461740226FADD... 4/1/2011 Z%7=WM. AW :•:W4" -C -now �cw Z.4:2M - 2D 10 Commonwealth of Massachusetts City/Town of NORTH ANDOVER. MA§SAC MgTTS System Pumping Record Form 4 DEP has provided this form for use by local Boards of Health. The System Pumping Record roust be submfted to the local Board of Health or other approving authority. A. Facility Information 11 Njoyer ©1 '14 C*WTOU" state zip code 2. Systiam Owner A*Vm of dot f m ' 4 n "nn) state Telephone Number Zip code B. Pumping Record ob t i of Punt ( 2. Quantity Pumped: Gallons 3, Type of system: Cesspool(s) ❑ Septic Tank ❑ Tight Tank .I thher (dela t9e): a E±ttmm Tee Fitter present? Vyes ❑ No If yes, was it cleaned? Vyes ❑ No 5 Ccmb3r, Cf System. - L t r System Pumpft Record • Pege a of a 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. Sawyer Of- No. Andover Board of Health From: William N. Hurley Client/Matter: Field, Administrator estate of Barbara Tighe v. Hughes -Birch Date: April 22, 2010 DOCUMENTS NUMBER OF PA 3/26/10 Judgment of Essex Probate & Family Court9 --.- COMMENTS: The attached judgment briefly describes the history of litigation regarding 95 Lacy Street. To make a long story short, Ms. Hughes -Birch has no right to enter or use the three lots between the house lot and the property of John and Stephanie O'Mahony. She is presently piling manure on these lots and spreading manure on the ground surface of the land abutting the O'Mahony's property, creating a health hazard on the property. She is also housing numerous animals on these lots, in violation of numerous court orders and in violation of No. Andover's Zoning by-law. (She only has claim of title to 3.3 acres which is insufficient area for housing horses.) After you've had a chance to review this judgment, please call me to discuss whether there's anything that we can do to address her current conduct, which imperils the health of neighbors. 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. * NOT COUNTING COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELhMUNn Ua IMMEDIATELY AT (978) 452-4925 T -d 92LS ZSb 8L6 •bs31FaTjnH •N aeTTITM eET,TT OT ea idd COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT ESSEX DIVISION DOCKET NO. 04E -0083 -GCI MARSHALL L. FIELD, ADMINISTRATOR OF THE ESTATE OF BARBARA. B. TIGHE, Plaintiff V. STACEY HUGHES -BIRCH, Defendant JUDGMENT (on Plaintiffs Complaint for Civil Contempt, filed September 22, 2009) To assist in understanding some of the factual background of this action and certain related matters, refer to the updated eighteen (18) page Procedural History filed herewith. This Contempt matter was before the Court (Cronin, J.) for contested trial on January 14, 2010. On September 22, 2009, Plaintiff Administrator of the Estate of Barbara Tighe (the "Administrator") filed a 13 page Complaint For Civil Contempt (Pldg. # 185) against Defendant Stacey Hughes -Birch (the "Defendant"). The Administrator contends, in essence, that Defendant willfully and knowingly interferes with the proper administration of Decedent's estate, continues to violate prior Judgments of this Court by continuing to occupy certain land and buildings to house several horses and other animals, and refuses to pay court ordered sanctions. Defendant contends that she is not guilty of contempt. On January 14, 2010, the contested trial of the contempt action lasted for approximately 3 hours. Three witnesses testified: the Administrator, the Defendant, and a neighbor of the Z'd 92LS zS* OLS •bs31RajjnH •N weijjiM e61:11 of 22 idu * at least four matters have been commenced by Defendant in the Appeals Court, and at least two requests for Further Appellate Review ("FAR") have been commenced by Defendant in the Supreme Judicial Court. Within those appeals, Defendant raised several issues including, inter alia, the authority of the trial judge to act, the correctness of the Judge's interpretation of the Decedent's Will, and the effect of a so-called Agricultural Use Restriction pursuant to G.L. c. 61 A, and c. 184. As of the rime of trial of this contempt action, all appeals have been concluded, and all of the appeals have been decided against Defendant. The underlying Judgments are final. As of the conclusion of the contempt trial on January 14, 2010, Defendant had not complied with any of the requirements of either of the Contempt Judgments, had not paid any of the court ordered sanctions, and had not vacated or ceased using the Estate's Portion of the real estate and buildings. Defendant made it clear at the contempt trial that she has no intention of complying with the prior Court Orders. She continues to argue, in essence, that her analysis of the facts and law should supersede that of the Appeals Court and of the Supreme Judicial Court - especially with regard to the agricultural lien issues that have already been determined. As is more particularly set forth below, Defendant is Guilty of civil contempt of Court for her willful, flagrant and contumacious conduct which has continued unabated for at least 3 %z years. The jail sentence which is imposed by this Judgment is done only after thoughtful consideration of the relevant facts, and the Court's observation of the Defendant's actions and demeanor during several court hearings during the past 3 %s years, and as a last resort which hopefully will obtain compliance with this Court's Orders and Judgments. As is required in a civil contempt, Defendant "has the keys to the jail". She can purge herself of contempt at any time by simply complying with the terms of the Judgment. If she chooses to do so, she will not have to serve the sentence. If she chooses to disregard the terms of this Contempt Judgment — as she did the prior two Contempt Judgments - then she will serve the sentence, and be returned to this Court at the conclusion of that sentence for the entry of such further Orders as may be appropriate. The choice is entirely hers. Discussion, Including Brief Findings, and Rulings To assist in understanding some of the factual background of this action and certain related matters, refer to the updated Procedural History filed herewith. 1. By the clear and unequivocal terms of the July 28, 2006 Contempt Judgment (Cronin, J.) (Pldge. #62), Ms. Hughes -Birch was ordered not later than August 12, 2006 to cease and desist from entering into or in any way using or occupying certain structures or land located on Lacy Street in North Andover which were described in that Judgment by reference to a Plan of Land. She was also ordered to remove therefrom all animals, equipment, and personal property of hers. 3 g'd 9zLS zSb 8L6 'bs31Ra1jnH •N Duet T T TM e6T =T T 01 az add In the event of Ms. Hughes -Birch's non-compliance, the July 28, 2006 Judgment ordered that she pay to the Administrators sanctions in the amount of $50.00 per day beginning on August 13, 2006 and continuing on each day thereafter until she is in full compliance with the July 28, 2006 Judgment. 2. By the clear and unequivocal terms of the September 5, 2006 Judgment (Manzi, J.) (Pldg. # 67), Ms. Hughes -Birch was ordered to "...remove any and all personalty and/or livestock [owned by] her, or which may be present [on Lot 3A] through or as a result of leases or rentals by or through [Ms. Hughes -Birch], from said structures on or before September 20, 2006 at 5:00 p.m., and that Ms. Hughes -Birch shall not interfere in any manner with the physical removal of said structures and the restoration of the premises by the petitioners" Paragraph 8 of the September 5, 2006 Judgment (Manzi, J.) also confirmed that the land and buildings devised to Ms. Hughes -Birch by the decedent Barbara Tighe "...are defined by and entirely contained within Lot 2A on the plan of land entitled `Plan of Land in North Andover, Mass. prepared for the Estate of Barbara Tighe, 95 Lacy Street, Dated February 21, 2006. "' 4. By the clear and unequivocal terms of the February 7, 2008 Contempt Judgment (Cronin, J.), Ms. Hughes -Birch was ordered not later than February 29, 2008, to cease and desist from entering into or in any way using or occupying certain structures or land located on Lacy Street in North Andover which were described in that Judgment by reference to a Plan of Land. She was also ordered to remove therefrom all animals, equipment, and personal property of hers. Further, by the February 7, 2008 Contempt Judgment (Cronin, J.), Ms. Hughes -Birch was ordered not later than March 15, 2008, to pay to the Administrators the sum of $26,850.00, representing past due sanctions owed for her willful non-compliance with the July 28, 2006 Contempt Judgment. Still further, by the February 7, 2008 Contempt Judgment (Cronin, J.), Ms. Hughes -Birch was ordered not later than February 29, 2008, to pay to the Administrators, in the event of non-compliance, daily sanctions in the amount of $200.00 per day beginning on March 1, 2008 and continuing each and every day thereafter until in full compliance. 5. At all times relevant and material to this Contempt action, Ms. Hughes -Birch was fully aware of the terms of the July 28, 2006 Judgment, the terms of the September 5, 2006, and the terms of the February 7, 2008 Judgment including, without limitation, the terms set forth in and described in paragraphs #1, #2, #3, and #4 above. 6. On October 3, 2006, Ms. Hughes -Birch filed a Notice of Appeal from the September 5, 2006 Judgment. On May 23, 2007, that appeal was dismissed by the Appeals Court for 4 {,'d SaLs ast, 8L6 -bs31RajjnH -N aezjjzM eCT:11 of ZZ JdH lack of prosecution. The September 5, 2006 Judgment is final. 7. On November 24, 2008, Ms. Hughes -Birch filed an Appeal from the February 7, 2008 Contempt Judgment. On October 7, 2009, the Appeals Court affirmed' the February 7, 2008 Contempt Judgment and filed with this Court a rescript on December 8, 2009. 8. On October 21, 2009, Ms. Hughes -Birch filed a Petition for Rehearing regarding the October 7, 2009 action of the Appeals Court. On November 2, 2009, the Appeals Court denied the Petition for Rehearing. On October 27, 2009, Ms. Hughes -Birch filed an application for Further Appellate Review of the October 7, 2009 Appeals Court Judgment, which affirmed the February 7, 2008 Contempt Judgment. On December 3, 2009, the Supreme Judicial Court denied Further Appellate Review. The February 7, 2008 Judgment is final. 9. Plaintiff has established by clear and convincing evidence that at all times relevant and material to this contempt action, Ms. Hughes -Birch has willfully engaged in a course of conduct which is accurately described as a "clear and undoubted" disregard for, and violation of, the clear and unequivocal terms and requirements of the above described Judgments including, without limitation, the following: A. Ms. Hughes -Birch has utterly refused to take any steps whatsoever to vacate the land shown as Lots 3A, 4A and 5B or to cease possession, use or occupancy of any portion of it; B. Ms. Hughes -Birch has utterly refused to remove any of her horses, livestock, other animals, or other personal property from the land shown as Lots 3A, 4A and 5B; C. Ms. Hughes -Birch has five (5) horses, three (3) ponies, one (1) pig, and several chickens which she continues to raise and keep on the premises in violation of the Judgments of this Court; in addition, Ms. Hughes -Birch continues to accumulate and store animal waste on the premises and has allowed her animals to enter onto neighboring properties despite requests to the contrary; D. Ms. Hughes -Birch has actively interfered with and prevented the Administrator and his agents' from razing the structures, which straddle the boundary between lot 2A and lot 3A, some of which are "caved -in" or otherwise in serious disrepair, �In its Memorandum and Decision pursuant to Rule 1:29, the Court noted, inter alfa. "The defendant's argument on appeal furnishes no coherent challenge to the findings and rulings set forth in the judgment, instead insisting that the underlying judgment itself is incorrect. That judgment is final, and the defendant's willful violation of its clear and unequivocal terms is amply established_" 'See also: findings set forth at Paragraphs 6A through 6G of the February 7, 2008 Contempt Judgment. s'd SaLs ash 8L6 •bs31AaIjnH •N ae'IITM a-01:TI OT as add in direct violation of prior orders and the Judgment dated September 5, 2006; E. Ms. Hughes -Birch has made clear that she disagrees with prior Judgments of the Court interpreting certain disputed provisions of Decedent Tighe's Will. As a result, she has unilaterally chosen to disregard and knowingly disobey subsequent Orders of the Court including, without limitation, the July 28, 2006 Judgment, the September 5, 2006 Judgment, and the February 7, 2008 Judgment; F. Ms. Hughes -Birch has no present intention of complying with the aforesaid Judgments of the Court; G. Ms. Hughes -Birch's actions and failures to act regarding the matters alleged in this contempt action are willful and contumacious; H. Ms. Hughes -Birch has not paid any of the money owed as daily sanctions pursuant to the terms of the July 28, 2006 Contempt Judgment or the terms of the February 7, 2008 Judgment; I. At all times relevant and material to this contempt action, Ms. Hughes -Birch has had the ready ability and capacity to comply with the Judgments; but she adamantly and perpetually chooses not to do so. 10. At the end of the morning session of the trial of this Contempt action, Ms. Hughes -Birch made an oral Motion for Recusal, requesting that the Court (Cronin, J.) withdraw itself from further participation in this action. No written motion nor affidavit was submitted by Defendant. Ms. Hughes -Birch apparently contends that since the Court (Cronin, J.) is one of the named defendants in a lawsuit' filed by her in a federal court action, that this Court is necessarily subject to prejudice and partiality in this Contempt Proceeding. In consideration of Ms. Hughes -Birch's oral Motion for Recusal, the Court (Cronin, J.) has conducted the two -prong analysis required by Lena v. Commonwealth and has concluded, based upon an internal assessment and an objective appraisal, that no recusal is necessary to render a fair and impartial decision in the matter. Not only has the Court (Cronin, J.) based all of its decisions solely upon the credible evidence before the Court and not upon any extra judicial source, but also virtually all Orders and Judgments have been in writing and accompanied by such rationale or further explanation as may be appropriate. After contested trial, assessing the credibility of the witnesses, and upon consideration of the relevant and credible evidence, it is adjudged by clear and convincing 3The lawsuit also names as Defendants: Judge Manzi, the members of the North Andover Planning Board and its Board of Assesors, as well as the Attorney for the Town of North Andover, the engineering firm which prepared the relevant PIans of Land for the Estate, and the attorneys who have been involved in this litigation. A Memorandum and Order (Woodlock, J.) dated March 15, 2010 dismissed the action as to all defendants. rel 9-d 9ZLS Zsb SL6 -bs31RaIjnH -N wen 1 T tM et,1 t T 1 OT Za ,add evidence that Defendant Stacy Hughes -Birch is uuilty of civil contempt of this Court for having willfully neglected and refused to obey the Judgments of the Court, dated July 28, 2006, September 5, 2006, and February 7, 2008. WHEREUPON, for said Contempt it is ORDERED and ADJUDGED that: 1. Defendant owes Plaintiff $171,050 for unpaid Court-ordered sanctions owed for the period August 13, 2006 through February 7, 2010. A. Not later than April 16, 2010, Defendant shall pay to Plaintiff - Administrator $10,000 as part payment of said sanctions; B. Not later than May 14, 2010, Defendant shall pay to Plaintiff an additional M 0,000 as part payment of said sanctions; C. The terms and conditions for payment of the remaining balance of $151,050 shall be addressed as may be appropriate at the May 27, 2010 hearing referred to at paragraph #5, below. D. Plaintiff is authorized to conduct such financial Discovery of Defendant as may be appropriate in order to be fully prepared for the May 27, 2010 hearing; and E. Defendant is ordered to file and serve, not later than April 9, 2010, a complete, accurate and current Financial Statement, which shall contain at least the information required by a person filing a Supplemental Rule 401 Financial Statement. 2. Not later than May 26, 2010 at noon: A. Defendant and her agents, employees, assigns, lessees, licensees and anyone claiming through her (collectively the "Defendant') shall cease and desist from entering onto, into or in any way using or occupying any portion of the structure(s) or land consisting of and shown as Lots 3A, 4A, or 5B on a plan of land titled: "Plan of Land in North Andover, Mass. Prepared for the Estate of Barbara Tighe, 95 Lacy Street, Scale V = 40' Date: February 21, 2006" (Said Plan was entered into evidence as Exhibit #6.); and B. Defendant shall remove from the land shown as Lots 3A, 4A, and 5B all horses, ponies, chickens, pigs, livestock, other animals, and other personal property of Defendant, as well as all manure piles; 7 L'd 9aLs as*, OL6 •bs31RaTjnH •N weilTTM e�,T:Tl OT 22 .add Defendant is committed to jail for ninety (90) days or until she shall purge herself of said Contempt by full compliance with all of the requirements of the immediately preceding paragraphs numbered IA, IB, 2A, and 2B, or until further order of the Court, or until she be otherwise discharged by due course of law. 4. This sentence is suspended until May 27, 2010 at 9:00 a.m. on the condition that Ms. Hughes -Birch complies in ffilI and on time with all of the requirements of the immediately preceding paragraphs numbered IA, 1B, 2A, and 2B. 5. This matter is continued until May 27 2010 at 9:00 a.M. for a compliance review and hearing before the Court (Cronin, J.) at Salem. Defendant - Ms. Hughes - Birch is Ordered to be present, in ,person for that review and hearing as to, inter alia, whether the aforesaid suspension shall be revoked and the ninety (90) days sentence be served forthwith. 6. Additional Rationale for the immediately preceding paragraphs 1 - 5: Ms. Hughes -Birch has approximately an additional two (2) months after her receipt of this Judgment to comply with it. Removing the animals and personal property should not be too costly nor too difficult for the contemnor. If she is leasing or otherwise permitting any other horse owners to keep their horses, vans, tack or any other personalty on any part of the land shown as Lots 3A, 4A, or 5B'on the 2006 PIan (Exhibit #6) she can forthwith order them to remove all of it. In the alternative, if she contends that she is the sole owner of all of the horses and other animals, then she can forthwith make arrangements to board the horses and ponies at another stable or, if she deems it more appropriate or necessary, she can forthwith sell the animals, either on her own or through a broker who shall immediately remove them from the premises and market them from his or her separate location away from the premises. If Ms. Hughes -Birch chooses to serve the aforesaid jail sentence in this civil contempt action, she will still be able to purge herself of contempt at any time during her incarceration by simply instructing her agent who is not incarcerated (e.g.: her husband, her father, or anyone else of her choosing) to take the required actions on her behalf to bring her into full compliance, and remedy the deficiency and noncompliance which caused her incarceration. After hearing, with notice to the Plaintiff and an opportunity to be heard, the Court may then release her from custody if it finds she is in compliance. 7. The Administrator of the Estate of Barbara Tighe, Mr. Field, is hereby provided with a Judicial Lien on Ms_ Hughes -Birch's interest, if any, in the real estate shown as Lot 2A on the 2006 Plan of Land described in paragraph 2A, above, in order to secure timely payment to the Estate of all sums owed to it pursuant to the 8 8•d SEGS ESt, 8L6 •bs31AaIjnH •N wetTTzM et,TsTT OT 22 JdH terms of this Judgment. If the Administrator requires any further documentation to establish and perfect this judicial lien, he may submit it to the Court, with notice to Ms. Hughes -Birch, for the Court's consideration. 8. The Administrator's request that the Court implement, within this contempt action, the so-called forfeiture provision of paragraph 22 of Decedent's Will is denied, without prejudice to the Administrator's right to pursue that relief in such other proceeding(s) or action(s) as may be appropriate. 9. Attorney's Fees and Costs: Defendant is ordered to pay the Estate of Barbara B. Tighe its reasonable attorney's fees and costs incurred in connection with this Contempt action. Not later than April 21, 2010, Plaintiff shall file and serve an Affidavit enumerating said fees and costs. Defendant shall have until May 7, 2010 to file and serve a written Response on the issue of fees and costs. A further hearing as to the issue of attorney's fees and costs is hereby _scheduled on May 27, 2010 in Salem before the Court (Cronin, J.) at 9:00 a.m. , Date: 9 john P. Cronin, Justice Probate and Family Court 6•d 9ZLS ZSb SL6 'bS31Ra1jnH •N weT11;M eST:TT OT 22 jdd Rillahan, Deb From: John P. Carney Ucarney@napd.us] Sent: Thursday, June 10, 2010 3:33 PM To: Sawyer, Susan; Rillahan, Deb Subject: 95 Lacy St. There was a hearing today at Salem Superior Court regarding the Lacy St. fiasco. Stacey was brought into court from jail in Framingham. Her father put up 20K bail so she has been released from custody. She was given and order of conditions to fulfill (yet, again) and has to return to court on June 25th. If she does not fulfill her obligation she will go to jail for 90 days and there will be no bail allowed (if she doesn't go to court that day her father loses 20K) Lt. John Carney Operations Division Commander North Andover Police Department 566 Main Street North Andover, MA 01845 978-683-3168 978-686-1212 (fax) / 'j, Deeds � Soarch ra 7' OSIJlts CISP / -0.5 , ' / _age/ or I NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 9 Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER -T = -- , f l_ ��- ADDRESS Ll S L. v `T DATE _ IZ2 Rev. 6104 INSPECTOR N William N, Hurley ATTORNEY AT LAW 287 Appleton Street Suite 208 Lowell, Massachusetts 01852 Telephone: (978) 452-4925 Facsimile: (978) 452-5726 Richard M. Stanley, Chief July 23, 2010 Police Department 566 Main St. North Andover, MA 01845 Re: Estate of Barbara Tighe 95 Lacy Street. Dear Sir. T represent Marshall L. Field, Administrator of the Estate of Barbara Tighe who resided at and owned the premises consisting of some 12 acres at 95 Laky Street at the time of her death in November, 2002. This estate remains open in proceedings before the Essex Probate and Family Court under Docket Numbers 02P2876 and 04E 0083, and as a result, Mr. Field remains in charge of the estate's assets until allowance of a final account terminating the probate proceedings. By a judgment of the Essex Probate and Family Court dated September 5, 2006, from which all appeals have been exhausted, Stacey Hughes -Birch has been ordered to remove herself, all persons claiming by or through her, all animals and all personal property from all parts of the 95 Lacy Street premises not contained within the boundaries of Lot 2A on a plan of land titled: "plan of Land in North Andover, Mass. Prepared for the Estate of Barbara Tighe, 95 Lacy Street, Scale I" = 40' Dater February 21, 2006," a reduction of which is attached, At all times since that judgment, Stacey Hughes -Birch has been trespassing on the estate's property. The September 5, 2006 judgment also orders the estate to remove structures on lots 3A, 4A and 513 on the plan as well as the portion of the barn structure which straddles the lot line between Lots 2A and 3A, and goes on to or er Ms. Hughes -Birch not to interfere with these removals, By a judgment of contempt of court entered by the Essex Probate and Family Court on February 7, 2008, Ms. Hughes -Birch was again ordered to cease entering upon, using or burdening lots 3A, 4A and 513 and to remove all of her animals and personal property, and not to interfere with the estates removal of structures. This judgment was also affirmed on appeal and no further appellate review can now occur, Again, Ms. Hughes -Birch refused to comply and continued to trespass upon the estate's property, deny the estate access, threaten the estates representatives and deny the estate use of the property. Z'd SaLS ZSt► 8L8 -bst3'ReIjnH •N WeITITM dTz:zT oT LE Tnr a. By a judgment of contempt dated March l 6, 2010, the Essex Probate and Family Court again found Ms. Hughes -Birch in contempt of court for not complying with its numerous orders as outlined above. The court gave her two months in which to cause compliance, after which nothing changed, and so the court finally incarcerated Ms. Hughes -Birch for contempt. Since there exists a judgment ordering the estate to remove structures on bots 3A, 4A and 5B, from which no right of appeal exists, the estate must remove them. In furtherance thereof, the estate has retained. John O'Mahony of 143 Lacy Street to remove fences on Lots 3A, 4A and 5B which had served as paddocks. These are not boundary fences and are wholly within the confines of the real property of the estate. Mr. O'Mahony is fully authorized to enter upon the property of the estate at any time to remove these fences and to remove doors from that portion of the barn on lot 3A, the rear comer of which straddles the boundary with lot 2A. None of the doors to be removed at this time are located on Lot 2A. Also, please be advised that the presence of Ms. Hughes -Birch or any of her family members upon any part of lots 3A, 4A and 5B, including the driveway on Lot 3A which leads in Part to the house on Lot 2A is, from and after this date an act of criminal trespass by such person or persons and should be treated as such by your department. I have previously sent copies of the judgments, together with the decisions of the Appeals Court affirming same to Mr. Mark Rees, your town manager, and you may refer to those documents if you have any question regarding the authenticity of the representations made to you in this letter. If you have any question regarding this matter please contact me immediately. In the meantime, your officers should be instructed to cease treating the matter as a "civil matter" boundary dispute. That matter has long since been resolved as a matter of law against Ms. Hughes -Birch and her continued presence upon and interference with the estate's use of the property is criminal conduct. Thank you for your anticipated assistance. William N. Hurley Enclosures cc: John O'Mahony, Mark Rees, Marshall Field E'd S21.S 28b 8G6 •bs3'R8TjnH IN WRITITM 412:2T OT GZ inr 1 b•d E BZLS Z5b 8L6 '6s3'RoljnH •N well,TM dZZ;ZF OZ LZ ine July 22, 2010 Town of North Andover Mark Rees, Town Manager 120 Main Street North Andover, MA 01845 Dear Mr. Rees, El TOWNORTH ANDOVEF HEALTH DEPARTMENT 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 land, 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,Town Managers Office Department of Agricultural Resources, Boston Estate Attorney Neil Hurley, Lowell, MA • o N w CDD fD N C z W a1 L a To H i;• c q Irl L �I �• i i cod .yyl O o� •�*- tlt fD y O h O_ IJC x Q O Vii MIS W � IGL � O � m w o � O �! d J � a, a, o 3 r" O r� 3 � � � O N (P O °o O y A m � H o •e a o n mss' CD b O � `�• °' � I Cn J CDn a e m � � o � e � d c fD d s w a n y a e UQ F � • rA � �• � � y o C� a � � H sCD L a To H i;• c q Irl L �I �• i i cod .yyl O o� •�*- tlt fD y > O O fD C� O Vii MIS W � IGL � O �! O 3 � � � O N (P O O CD m H o a n mss' CD O `�• °' � I Cn J CDn y a UQ F � • a yy CD hl c H � w •a aao O " m 010 0 O� C F •R h wCL ID a 3 w C i rri, p CA 1-0 � Lnw 0 �Ix CA C b z d � a M � b w y N a � 0 ° °° o o O COMMONWEALTH OF MASSACHUSETTS ESSEX, SS MARSHALL L. FIELD, ADMINISTRATOR WITH THE WELL ANNEXED OF THE ES- TATE OF BARBARA B. TIGHE Plaintiff V. STACEY HUGHES -BIRCH ) Defendant ) PROBATE & FAMILY COURT Docket No. 04EO083 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 pioperty of the residuary her 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 58 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 Plaintiffs 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. Zd 9ZGS ZSf► 8G6 •6s3'RaijnH 'N wei ii.i M 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 '` J .► F0,M%%_4 cou2.i I, Pamela Casey O'Brien, Register of Probate Court for Essex County the foregoing is a -true copy of a document on file in this court. do hereby eeofy that IN WITNESS, Whereof; I have set my hand and affixed the s SEP 2 `' 2003 sea of sand Court this ESSEX, SS' �`� . PROBATE COURT CERTIFIED ` REGISTER OF PROBATE A T'R LTE COPY -2- 1 g•d 9ZGS zS� 8G6 •bs `Ra �n 1 3 T H •N weTTITM d9a:20 60 62 des a 0 6� d v'�t`eO 16ylNO� �2 ' 6 O11 O �wNl �A CO[MICMIWKII `y �d _ORATED pPa �.(�J CONSERVATION DEPARTMENT Community Development Division September 29, 2009 Stacey Hughes -Birch 95 Lacy Street North Andover, MA 01845 RE: Manure Storage Dear Ms Hughes -Birch: On September 28, 2009, with your approval, I inspected a former manure storage pile and new manure storage dumpster at 95 Lacy Street. Although no formal delineation of the wetlands on your property was done, it was apparent from visual inspection that the historic manure storage location was within or very close to Bordering Vegetated Wetland as evidenced by topography and vegetation. The new storage area (dumpster) is located farther from the viewed resource area and is therefore a preferred location over the historic storage site (please see attached photos). Please feel free to contact me should you have further questions in this regard. Sincerely, NORTH ANDOVER CONST Jennifer A. Hughes Conservation Administrator (iiYt'? S� 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com 2T 95 Lacy Street Photos 9/28/09 Former Manure Storage Location - Note cattails at rear fence indicating wetland New Manure Storage Location in Dumpster 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com NORT#1 q O %.I D X61 �O O L O •w�.. COCwIC SAc PUBLIC HEALTH DEPARTMENT (ommunity 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 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 978.688.8476 Web www.townofnorthandover.com -t; L -r C-4 Y r" 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.871�i awyer, 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 :a OW r " NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street a North Andover, MA 01845 Tel. 978 688-9540 9 Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/inspection Report OWNER jEgs&j ADDRESS _� c— L_ DATE 7� r—L> LbPr f>2 1 1 s-'sr0 1c1 19-C, 1J CC:Z 0Q .! lal'e f -f /y✓I e -1i/( E- L.E S Rev. 6/04 INSPECTOR etc.. F JL ILol h L TI yi U ii ,d�'k v NORTH 600 O ~ A� eo Ty co'O COCM�C"@ 1 .4 ��SSAC HUs���y PUBLIC HEALTH DEPARTMENT (ommunity 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 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 •A Manure spread on the surface of the ground (see photo) 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.com l Y � ` ➢ 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 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. /SSincerel �ye�r, z 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 Fax 978.688.8476 Web www.townofnorthandover.com '14i NORTk TA -O COCMIC MIWKM y1 7 �40H4 TED SSA US PUBLIC HEALTH DEPARTMENT (ommunity Development Division November 12, 2009 Stacey Hughes -Birch, Occupant )Nhipporwill Farm 95 Lacy Street North Andover, MA 01845 Board of Health — Approval of Variance A dumpster permit application was received on September 29, 2009, along with a request for a dumpster variance. An annual dumpster permit was issued. This permit is valid with the contingency that the dumpster will be in compliance with the North Andover Dumpster Regulations. a. Variance Approval: A variance to section 4.3 has been approved to allow rubber mats to be used as a platform under the dumpster container in lieu of a concrete platform. b. Variance Approval: A variance approval to section 4.5 has been approved to allow the dumpster to sit on the property without a permanent, solid fencing and locking gates, as the dumpster will be maintained on private property, and can only be accessed by the owner. No food or trash will be placed in this dumpster. Please contact the Health Department if you have any concerns or questions. Thank you for your cooperation during this process. Sincer;Y.Satwyer, l, Susan RENS/ PAlic Health Director 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com i w w w 'd ai W dti U O C� U- c w w O Q °a N z O 0 J o � o Z Q l i co l W Q� Z G O o. o U N p °° 'd ai dti � U � o � o l i co l y d Q� o. o �O N p °° COO N �N bA N Q (n oc � U y W � � z a U U r1, �LL zz MASSACHUSETTS DEPARTMENT OF FOOD AND AGRICULTURE FACT SHEET - FARM PRODUCTS AND PLANT INDUSTRIES Animal waste from barnyards, manure pits and field application can pollute ground and surface water when not contained or applied properly. By making Best Management Practices (BMPs) part of a conservation plan, a farmer can greatly reduce the chances of contamination. A manure system should prevent contamination of water in lakes, streams, springs and wells. BMPs are managerial, such as manure management, rotational , grazing, and conservation tillage, or structural, such as manure pits or lagoons, terraces and fencing. MANAGERIAL Apply manure appropriately - Determine the rate of application that will fulfill the crop's nutrient needs without causing environmental problems. This includes: • Timing - Spread manure only when conditions are favorable. Avoid spreading manure in the winter or early spring, because manure applied to frozen ground can pollute surface waters during spring thaw run-off. If winter application is required, only spread manure on sod -covered fields where manure won't runoff as easily. Do not spread manure in early spring, because the soil is often saturated. • Location - Avoid spreading manure on sloped lands or areas where manure could seep into water sources such as wetlands. Do not spread manure within 200 feet of a water source unless it can immediately be incorporated into the soil. Avoid manure application on land subject to annual flooding, especially during flood prone periods. • Incorporation- Manure incorporated into soil is less prone to run-off than if it remains on the surface. Incorporate manure into the soil within 72 hours of application. This is particularly important on slopes, near water bodies and during wet seasons. Test Soil and Manure • Soil testing helps a farmer to decide what the nutrient needs are for the crop. • Manure testing shows levels of nutrients in the manure. By comparing the results of both tests, farmers can apply the right amount of manure. Never apply more nutrients than needed — this is the first step in reducing nutrient run-off. Create a Composting site - By composting manure and other organic materials the farmer produces an excellent soil conditioner. • Composting shrinks the weight and volume of manure and simplifies handling. • Composting decreases odors and reduces the amount of pathogens. Install and Maintain Buffer Areas. Riparian buffer zones are vegetated areas between streams or rivers and crop or pastureland. These forests and grasses act as living filters by absorbing nutrient and chemical run-off. STRUCTURAL Store manure properly - Manure should be stored in properly located and constructed facilities. The storage facility should be: • Covered, contained, and impermeable to prevent runoff or leaching to the ground • Have the capacity to hold a minimum of 3-6 months of manure. Control Barnyard Run-off - Run-off from poorly managed barnyards and feedlots can carry pathogens, nutrients and oxygen -demanding substances into water sources. • Shape barnyards by grading or filling so that run-off can be directed to a controlled outlet such as a Settling Basin • Grass Filter Strips absorb nutrients from run-off reducing threats to surface waters Install Fencing - For safety, livestock standing, feeding, and grazing areas are prohibited within 100 feet of drinking water reservoirs and their tributary streams. Construct barriers that prevent livestock or wildlife from accessing water sources. The farmer may need to bring water to livestock rather than livestock to water. Construct Stream Crossings - Trampled stream banks erode easily allowing manure and sediments into surface waters. Limit the amount of access livestock have to stream banks by directing them over constructed stream crossings. Build Diversions and Terraces - Divert run-off from critical areas using these channeled ridges or earthen embankments constructed perpendicular to slopes. Install Grassed Waterways — Natural or constructed vegetated I_1 channels which filter and divert run off away from water resources. Use a Conservation Plan - Farm operators should have a conservation plan designed to optimize crop yield and minimize effects on ground and surface water. This plan could include: r many of the guidelines described in this fact sheet. :;;,i �� �"qn M M.G.L. - Chapter 92a.5, Section 5 The General Laws of Massachusetts Search the Laws PART I. ADMINISTRATION OF THE GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 92A1/2. WATERSHED MANAGEMENT Chapter 92A1/2: Section 5. Discharge of pollutants prohibited Page 1 of 5 Go To: Next Section Previous Section ha ter Table of Content MGL Search Paoe General Court Home Mass. ov Section 5. (a) Any alteration, or the generation, storage, disposal, or discharge of pollutants is prohibited within those portions of the watersheds that lie within 200 feet of the bank of a tributary or surface waters or within 400 feet of the bank of a reservoir. (b)(1) The uses and activities set forth in paragraph (2) are prohibited within those portions of the watersheds that lie: (i) within the area between 200 and 400 feet of the bank of a tributary or surface waters; (ii) within the flood plain of a tributary or waters, including that flood plain; (iii) within bordering vegetated wetlands that border on tributaries or surface waters, or reservoirs; (iv) within land that overlays an aquifer with a potential well yield of 100 gallons per minute or more as determined pursuant to subsection (m); or (v) within land that overlays an aquifer with a potential well yield of one or more but less than 100 gallons per minute pursuant to a finding by the division, in consultation with the department of environmental protection, that regulation of the aquifer is necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs or the tributaries. (2) The following uses are prohibited within the area regulated by paragraph (1): (i) the disposal of pollutants from either private or publicly owned sewage treatment facilities; (ii) the placement of the leaching field of a subsurface waste water disposal system less than 4 feet above the maximum water table level as measured at the time of annual high water; (iii) the storage of liquid petroleum products of any kind; provided, however, that an end user of such product, such as a resident in connection with normal residential use or a person responsible for supplying heat to a residence, may store a reasonable volume of such material so long as such storage is in a free standing container inside of a structure, which structure shall include at a minimum a foundation thereof with a poured cement slab floor or a concrete reservoir of sufficient volume to hold 125 per cent of the tank's capacity; (iv) the treatment, disposal, use, generation, or storage of hazardous material or waste, except a http://www.mass.gov/legis/laws/mgl/92a.5-5.htrn 9/18/2009 M.G.L. - Chapter 92a.5, Section 5 reasonable volume of hazardous material or waste, incidental to normal residential use; Page 2 of 5 (v) the storage and the disposal of solid waste other than a reasonable volume incidental to normal residential use; (vi) the outdoor storage of road salt or other deicing chemicals; provided, however, that this section shall not prohibit the outdoor storage of sand, gravel, or materials used in road construction which are not hazardous materials or waste; (vii) the outdoor storage of fertilizers, herbicides, and pesticides; (viii) the use or storage of pesticides or herbicides which carry a mobility rating as provided for by the United States environmental protection agency or which have been determined by the commonwealth using environmental protection agency standards to pose a threat or potential threat to ground water; (ix) the outdoor uncovered storage of manure; (x) the servicing, washing, or repairing of boats or motor vehicles other than as reasonably incidental to normal residential use; (xi) the operation of junk and salvage yards; (xii) the rendering impervious of more than ten percent of any lot or 2500 square feet, whichever is greater; (xiii) the excavation of gravel and sand to a depth greater than 6 feet above the maximum water table, except where incidental to the construction of permitted structures; (xiv) the altering of bordering vegetated wetlands; (xv) any other activity which could degrade the quality of the water in the watersheds as determined by the division after consultation with the department of environmental protection; provided, however, that de-icing may be performed on a roadway under procedures approved by the secretary of environmental affairs. (c) This section shall not apply to uses, structures or facilities lawfully in existence or for which all applicable municipal, state and federal permits and approvals, other than building permits and permits for septic systems, have been obtained prior to July 1, 1992. This section shall not apply to any reconstruction, extension, or structural change to any structure in lawful existence as of said date; provided, however, that such reconstruction, extension, or structural change (i) does not constitute a substantial change to or enlargement of that lawfully existing structure, and (ii) does not degrade the quality of the water in the watershed. (d) In addition to and without limiting subsection (a) or subsection (b), the construction of a dwelling on land set forth in subsection (b) which exceeds a density of 2 bedrooms per acre is prohibited. No use may generate more than 220 gallons of sanitary sewage per acre per day. In making such calculations all contiguous real property within the area regulated by said subsection (a) or said subsection (b) owned by the same person shall be used in the aggregate to determine the total acreage for density purposes; provided, however, that said area may be so used for determining area density for only 1 parcel. http://www.mass.gov/legis/laws/mgl/92a.5-5.htm 9/18/2009 M.G.L. - Chapter 92a.5, Section 5 Page 3 of 5 (e) In addition to and without limiting subsection (a), (b) or (d), the construction of any dwelling which exceeds a density of 1 and 1/3 bedrooms per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of between 100 and 300 gallons per minute as determined pursuant to subsection (m) or land whose regulation has been determined to be necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs and tributaries pursuant to clause (v) of paragraph (1) of subsection (b). No use may generate more than 147 gallons of sanitary sewage per acre per day. (f) In addition to and without limiting subsection (a), (b), (d) or (e), the construction of any dwelling which exceeds a density of 1 bedroom per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of over 300 gallons per minute as determined pursuant to subsection (m). No use may generate more than 110 gallons of sanitary sewage per acre per day. (g) Nothing in subsection (d), (e) or (f) shall be deemed to limit such construction if a sewer system exists prior to July 1, 1992 to which a direct connection shall be made without expansion of capacity and the connection is used for all sanitary sewage of any dwelling or other structure resulting from the construction. (h) Nothing in this section shall prevent the construction of 1 single family dwelling, on any lot existing as such prior to July 1, 1992 within the areas regulated by this section. Nothing in this section shall prevent any owner occupied lot existing as such on July 1, 1992 from being subdivided into 1 additional lot. Wherever possible there shall be no alterations within the area regulated by subsection (a). (i) Subsequent to the issuance of regulations as provided for in this section, any person owning an interest in real property located in a community with land that lies within the watersheds, by written request may submit to the division the determination of a land surveyor registered with the board of registration of professional engineers and of land surveyors as to whether such owner's real property interests are located within areas regulated by this section. The division shall have been deemed to have concurred with the determination unless within 60 days from the submission of the determination the division issues a written notice of denial to the owner. The division shall issue regulations pursuant to section 6 regarding such submissions and any requirements thereto. All surveys and additional materials or studies required to make a determination, whether or not requested by the division, shall be prepared and delivered at the sole cost of the person desiring the determination. 0) A tributary or portions thereof may be exempted from the provisions of this section, if after taking into account the rate of flow, slope, soil characteristics, proximity to a reservoir or the Ware river above the Ware river intake, the current level of water quality and the current degree of development, the division, in consultation with the department of environmental protection, determines that such exemption poses no significant risk to the quality of the water. (k) The division, after consultation with the department of environmental protection, shall issue regulations pursuant to section 6 for appealing the inclusion of a location in the areas regulated by this section. It shall be the responsibility of the appellant to prove that the location was improperly included. If the appeal is decided in the appellant's favor, a court of competent jurisdiction shall award to appellant reasonable attorney fees, costs and expenses incurred in the action. (1) The division, in accordance with procedures for notice and a hearing as provided by chapter 30A, may grant upon appeal or petition with respect to particular uses or structures, and shall grant upon request with respect to crossings of tributaries and bordering vegetated wetlands a variance from the provisions of this section where the division specifically finds that owing to circumstances relating to http://www.mass.gov/legis/laws/mgl/92a.5-5.htm 9/18/2009 M.G.L. - Chapter 92a.5, Section 5 Page 4 of 5 the soil conditions, slope, or topography of the land affected by such uses or structures, desirable relief may be granted without substantial detriment to the public good and without impairing the quality of water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record, are necessary to protect the water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record are necessary to protect the water in the watersheds. The division shall record and index in the grantor index in the registry of deeds or register in the registry district of the land court for the county or district where the land lies, a notice of said variance, and conditions thereto, which notice shall describe the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries. (m) The location of tributaries and surface waters shall be determined by reference to maps generated by the Massachusetts geographic information service based on the most recent edition of the United States Geological Survey 1 to 25,000 thousand scale quadrangle maps. The location of flood plains shall be determined by reference to the most recent edition of the flood hazard boundary maps issued by the director of the Federal Emergency Management Agency. The location and the potential well yield of aquifers shall be determined by reference to maps generated by the Massachusetts geographic information service based on the United States Geological Survey water resource atlases. The division, in consultation with the department of environmental protection, may adopt more accurate maps pursuant to notice and a public hearing as provided in chapter 30A and shall file such more accurate maps with the clerks of the house of representatives and the senate 90 days prior to such maps taking effect. (n) This section shall not apply to the division in the performance of its responsibilities and duties to protect the quality of the water in the watersheds, or to the Authority in the performance of its responsibilities and duties to maintain, operate and improve the waterworks system. The provisions of this section shall not apply to activities relating to normal maintenance or improvement of land in agricultural use as defined in section 40 of chapter 131, or regulations promulgated thereunder; provided, however, that such activities do not impair the quality of the water. Nothing in this section shall be construed to limit conversion of land for agricultural use, or preparation of land for agricultural use; provided, however, that such conversion shall be made under a plan approved by the United States Department of Agriculture Soil Conservation Service and the department in consultation with the department of agricultural resources. This section shall not apply to the maintenance, repair, replacement or reconstruction of public roadways existing as of September 1, 1989 or railroad track and rail bed existing as of September 1 1990, including associated drainage systems, that are necessary to preserve or restore the facility's serviceability for the number of travel lanes and uses existing as of September 1, 1990; provided, however, that in the case of any replacement the design is substantially the functional equivalent of, and is of similar alignments to that which is being replaced; provided, further, that design plans and specifications for said work on roadways, or railroad track and rail beds are provided to the division prior to the work's commencement. This section shall not apply to the construction of public highways, railroad track and rail beds and facilities directly related to their operation; and provided, further, that the secretary of environmental affairs has determined that such highway or transportation service construction project requires direct access to or location in the lands set forth in this section and that said secretary and the division have determined that the construction does not materially impair the quality of the water in the watershed and does not otherwise materially impair the quality of the environment. This section shall not apply to the maintenance, repair or expansion of lawfully located structures or facilities used in the service of the public to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services; provided, however, that such maintenance, repair or expansion activities, structures, or facilities do not materially impair the quality of water in the http://www.mass.gov/legis/laws/mgl/92a.5-5.htm 9/18/2009 M.G.L. - Chapter 92a.5, Section 5 Page 5 of 5 watersheds as determined by the division after consultation with the department of environmental protection. This section shall not apply to the maintaining, repairing or replacing but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services in bordering vegetated wetlands; provided, however, that such maintenance and repair activities do not materially impair the quality of water in the watersheds. Nothing herein shall limit the ability of a person, municipality, the United States government or the commonwealth to undertake temporary operations to clean up, prevent or mitigate releases of hazardous materials or wastes. This section shall not be construed to limit changes in agricultural crops produced. Nothing in this section shall be construed to limit the use of new or existing agricultural technologies that do not degrade the quality of the water in the watersheds more than the present agricultural technologies that such new or existing agricultural technologies replace. (o) Upon written request by the division, the department of environmental protection shall have the authority, including the authority to render administrative penalties under section 16 of chapter 21A, to enforce the provisions of this section for violations thereof. (p) The duties and obligations imposed by this chapter shall be in addition to all other duties and obligations imposed by any other general or special law or regulation. (q) The division shall hold in at least 1/2 of the communities in the affected watersheds an informational public hearing, giving notice thereof at least 30 days prior thereto by advertisement in newspapers of general circulation in each such community and by written notification to the boards of selectmen, city councils, or town councils, whichever is appropriate, in each such community. The division, at the time of such hearing, shall make available maps showing the areas affected by this section and shall explain the provisions of this section and the impact this section will have on the affected communities and landowners. (r) Nothing in this section shall impede or prevent the construction of a new municipal sewer system or new municipal water system if the division determines that water quality will not be adversely impacted from the construction and provided that such new systems comply with all existing regulations and standards applicable to water pollution abatement projects. http://www.mass.gov/legis/laws/mgl/92a.5-5.htm 9/18/2009 k+, Grant, Michele From: Stephanie O'Mahony [somahony@omahonyelectric.com] Sent: Wednesday, September 23, 2009 8:58 AM To: Grant, Michele Subject: FW: Manure Pile Attachments: Health Dept Report.tif; Manure Pictures.tif Michele, This is the letter and attachments I sent yesterday to Gerard Kennedy, Attorney William Gardiner and Neil Hurley. Thank you again for all your assistance in this matter. Regards, Stephanie L. O'Mahony President/CEO T 978-762-4600 / F 978-762-6600 C: 617-593-7917 From: Stephanie O'Mahony Sent: Tuesday, September 22, 2009 2:34 PM To: 'Gerard. Kennedy@state. ma. us' Cc: wgardiner@brodiganlaw.com; 'whurley@verizon.net' Subject: FW: Manure Pile Dear Mr. Kennedy, I am following up with a conversation you had with my husband John O'Mahony today in your office regarding our property at 143 Lacy Street and the Whippoorwill Farm property at 95 Lacy Street in North Andover. It is imperative that action be taken immediately to remove the piles of animal waste which has been placed 10' from our property line and abutting our pool and well. I found it very hard to believe that anyone in your office would have made such a decision without prior knowledge as to the location of our family's well. I can only image that she has taken it upon herself to move these piles instead of having them removed in a proper manner. Ms. Stacey Hughe-Birch told town officials that the State Agricultural Department instructed her to relocate the piles of animal waste to this new location. (See attached pictures) We contacted and filed a written complaint yesterday with the Health Department Ms. Susan Sawyer and she was kind enough to respond immediately. Ms. Sawyer and Michele came and inspected the property and explained that she would need to look into the situation further and that it was an Agricultural issue. (See attached Report) Ms. Sawyer informed me that she would notify the Department of Agriculture immediately to find out the facts on this decision because she has no jurisdiction over the farm. Not only has Ms. Hughes -Birch contaminated a new clean area of the land but is deliberately placing piles around the farm by spreading them in various locations mostly adjacent to our property. Since the animal waste has been moved to this location we now are experiencing a tremendous stench on our entire property along with a very large increase of mosquitoes and flies. We have three (3) children and one with a serious medical condition who is already being affected. This morning he woke up complaining of a head ace, difficulty breathing and was very swollen. I assume he is having an allergic reaction and I have contacted his physician to have him seen immediately today. It is absolutely imperative that you respond immediately to resolve this situation and have it disposed of in a proper manner. PLEASE WE NEED YOUR HELP! Stephanie L. O'Mahony President/CEO T 978-762-4600 / F 978-762-6600 C: 617-593-7917 1 NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS .i f'1 f r Mrs '�� �r-►t DATE L Rev. 6/04 INSPECTOR DDI 0 September 24, 2009 Stacey Hughes -Birch, Occupant Whipporwill Farm 95 Lacy Street North Andover, MA 01845 :_1, Th PUBLIC HEALTH DEPARTMENT Community Development Division FILE COPY Marshall L Field, Adminstrator of the estate of Barbara B. Tighe 9 Central Street, Suite 300 Lowell, MA 01852 Board of Health Order Letter 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 10 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 , 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 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com R7 Y,9 IM / e"hz;,( �G-t- "/ �s �- ��� nom. A ;ACHUS HEALTH DEPARTMENT Complaint/Investigation Intake Report - Taken by , Date of Report: '- C Time: v Category/Type of Complaint: Address/Location of Incident: 9,5-ZdaY 57^ — /43 LaeY Name of Person Reporting: Phone Number: (H) or (W): �d4 K OAA40" Phone Number: (Cell): 617 3 or: Phone Number — 13 7c;z- Name of Alleged Violatumber of Alleged Violator: �7 � i -- &A. 4e Complaint Details: S749-r-4- a) 7oe4- a) f7// KPur �/as;le i ti 60 -6!;' /DSS faro k I px; Sw *irni P06 h� e 7'0 ve --rb C'oxta iKa Xe .A&5 beev, �a /n �'e1� Cut .13 Recommended corrective action to be taken: Immediate corrective action to be taken: ' To be Investigated by: Title: Date Submitted for Data Entry: Date Scheduled for Investigation: Date Entered: DelleChiaie, Pamela From: Sawyer, Susan Sent: Monday, September 21, 2009 5:22 PM To: Bellavance, Curt; DelleChiaie, Pamela Cc: Hughes, Jennifer; Grant, Michele Subject: RE: Emailing: M.G.L. - Chapter 92a.5, Section 5 To All: Michele and I did the inspection of the manure pile at Lacy St. and I will generate a letter in regards to the use of the "nuisance" laws. I will cc you on that letter. As for chap 92a 5 sect. 5 1 do not believe this MGL applies in this case. Watersheds per definition of this statute, found in 92a % sect. 1 state that it applies to specific things as found in the definition section. See below. That being said, the O'Mahoney's well zone is not a "watershed" by definition. In addition the statute mentions wells that generate 100 gallons per minute. The well at 143 Lacy generates 3 gallons per minute. I do not believe it applies, (except maybe in a common sense kind of way) to the private potable wells, which are not regulated by the state. Our town regulation notes "sources of contamination" but does not mention manure specifically so the distances have to be interpreted. The ground there is flat and the pile is approx. 50 feet. Susan "Watershed system", (i) all real and personal property interests held by or on behalf of the commonwealth immediately prior to the effective date of this act in and for the former metropolitan district commission water system which were part of or appurtenant to the Quabbin watershed, Quabbin reservoir, Ware river watershed, Wachusett watershed, Wachusett reservoir, North and South Sudbury watersheds, Sudbury reservoir, Framingham reservoirs 1, 2 and 3, Blue Hills reservoir, Bear Hill reservoir, Spot Pond reservoir, Fells reservoir, Weston reservoir, Norumbega reservoir, Chestnut Hill reservoir, including land, easements, buildings, structures, all equipment, machinery, vehicles, and appliances, improvements, water rights and rights in source of water supply and (ii) all enlargements and additions to the former metropolitan district commission water system acquired or constructed by the division for the purposes of the watershed system, including land, easements, buildings, structures, equipment, machinery, vehicles, and appliances, improvements, reservoirs, dams, water rights and rights in sources of water supply, but excluding the waterworks system of the authority. "Watersheds", the natural basin from within which water drains or in natural course would drain into the Quabbin reservoir, the Wachusett reservoir, or the Ware river upstream of the Ware river intake. From: Bellavance, Curt Sent: Friday, September 18, 2009 4:24 PM To: DelleChiaie, Pamela; Sawyer, Susan Cc: Hughes, Jennifer Subject: RE: Emailing: M.G.L. - Chapter 92a.5, Section 5 Why don't we wait. Neither our Conservation Administrator or Health Director are available to inspect the site today or talk with any of the people regarding this issue. This should be a priority on Monday when we can all get on the same page. From: DelleChiaie, Pamela Sent: Friday, September 18, 2009 4:16 PM To: Sawyer, Susan; Bellavance, Curt Cc: Hughes, Jennifer Subject: Emailing: M.G.L. - Chapter 92a.5, Section 5 Importance: High Is it okay to forward this information to the affected parties on Lacey Street? It appears that setbacks do apply for ,manure/wells. Pam PART I. ADMINISTRATION OF THE GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 92A1/2. WATERSHED MANAGEMENT Chapter 92A1/2: Section 5. Discharge of pollutants prohibited Section 5. (a) Any alteration, or the generation, storage, disposal, or discharge of pollutants is prohibited within those portions of the watersheds that lie within 200 feet of the bank of a tributary or surface waters or within 400 feet of the bank of a reservoir. (b)(1) The uses and activities set forth in paragraph (2) are prohibited within those portions of the watersheds that lie: (i) within the area between 200 and 400 feet of the bank of a tributary or surface waters; (ii) within the flood plain of a tributary or waters, including that flood plain; (iii) within bordering vegetated wetlands that border on tributaries or surface waters, or reservoirs; {iv) within land that overlays an aquifer with a potential well yield of 100 gallons per minute or more as determined pursuant to subsection (m); or (v) within land that overlays an aquifer with a potential well yield of one or more but less than 100 gallons per minute pursuant to a finding by the division, in consultation with the department of environmental protection, that regulation of the aquifer is necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs or the tributaries. (2) The following uses are prohibited within the area regulated by paragraph (1): (i) the disposal of pollutants from either private or publicly owned sewage treatment facilities; (ii) the placement of the leaching field of a subsurface waste water disposal system less than 4 feet above the maximum water table level as measured at the time of annual high water; (iii) the storage of liquid petroleum products of any kind; provided, however, that an end user of such product, such as a resident in connection with normal residential use or a person responsible for supplying heat to a residence, may store a reasonable volume of such material so long as such storage is in a free standing container inside of a structure, which structure shall include at a minimum a foundation thereof with a poured cement slab floor or a concrete reservoir of sufficient volume to hold 125 per cent of the tank's capacity; (iv) the treatment, disposal, use, generation, or storage of hazardous material or waste, except a reasonable volume of hazardous material or waste, incidental to normal residential use; (v) the storage and the disposal of solid waste other than a reasonable volume incidental to normal residential use; (vi) the outdoor storage of road salt or other deicing chemicals; provided, however, that this section shall not prohibit the outdoor storage of sand, gravel, or materials used in road construction which are not hazardous materials or waste; (vii) the outdoor storage of fertilizers, herbicides, and pesticides; (viii) the use or storage of pesticides or herbicides which carry a mobility rating as provided for by the United States environmental protection agency or which have been determined by the commonwealth using environmental protection agency standards to pose a threat or potential threat to ground water; (ix) the outdoor uncovered storage of manure;. (x) the servicing, washing, or repairing of boats or motor vehicles other than as reasonably incidental to normal residential use; (xi) the operation of junk and salvage yards; (xii) the rendering impervious of more than ten percent of any lot or 2500 square feet, whichever is greater; (xiii) the excavation of gravel and sand to a depth greater than 6 feet above the maximum water table, except where incidental to the construction of permitted structures; (xiv) the altering of bordering vegetated wetlands; (xv) any other activity which could degrade the quality of the water in the watersheds as determined by the division after consultation with the department of environmental protection; provided, however, that de-icing may be performed on a roadway under procedures approved by the secretary of environmental affairs. (c) This section shall not apply to uses, structures or facilities lawfully in existence or for which all applicable municipal, state and federal permits and approvals, other than building permits and permits for septic systems, have been obtained prior to July 1, 1992. This section shall not apply to any reconstruction, extension, or structural change to any structure in lawful existence as of said date; provided, however, that such reconstruction, extension, or structural change (i) does not constitute a substantial change to or enlargement of that lawfully existing structure, and (ii) does not degrade the quality of the water in the watershed. (d) In addition to and without limiting subsection (a) or subsection (b), the construction of a dwelling on land set forth in subsection (b) which exceeds a density of 2 bedrooms per acre is prohibited. No use may generate more than 220 gallons of sanitary sewage per acre per day. In making such calculations all contiguous real property within the area regulated by said subsection (a) or said subsection (b) owned by the same person shall be used in the aggregate to determine the total acreage for density purposes; provided, however, that said area may be so used for determining area density for only 1 parcel. (e) In addition to and without limiting subsection (a), (b) or (d), the construction of any dwelling which exceeds a density of 1 and 1/3 bedrooms per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of between 100 and 300 gallons per minute as determined pursuant to subsection (m) or land whose regulation has been determined to be necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs and tributaries pursuant to clause (v) of paragraph (1) of subsection (b). No use may generate more than 147 gallons of sanitary sewage per acre per day. (f) In addition to and without limiting subsection (a), (b), (d) or (e), the construction of any dwelling which exceeds a density of 1 bedroom per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of over 300 gallons per minute as determined pursuant to subsection (m). No use may generate more than 110 gallons of sanitary sewage per acre per day. (g) Nothing in subsection (d), (e) or (f) shall be deemed to limit such construction if a sewer system exists prior to July 1, 1992 to which a direct connection shall be made without expansion of capacity and the connection is used for all sanitary sewage of any dwelling or other structure resulting from the construction. (h) Nothing in this section shall prevent the construction of 1 single family dwelling, on any lot existing as such prior to July 1, 1992 within the areas regulated by this section. Nothing in this section shall prevent any owner occupied lot existing as such on July 1, 1992 from being subdivided into 1 additional lot. Wherever possible there shall be no alterations within the area regulated by subsection (a). (i) Subsequent to the issuance of regulations as provided for in this section, any person owning an interest in real property located in a community with land that lies within the watersheds, by written request may submit to the division the determination of a land surveyor registered with the board of registration of professional engineers and of land surveyors as to whether such owner's real property interests are located within areas regulated by this section. The division shall have been deemed to have concurred with the determination unless within 60 days from the submission of the determination the division issues a written notice of denial to the owner. The division shall issue regulations pursuant to section 6 regarding such submissions and any requirements thereto. All surveys and additional materials or studies required to make a determination, whether or not requested by the division, shall be prepared and delivered at the sole cost of the person desiring the determination. 0) A tributary or portions thereof may be exempted from the provisions of this section, if after taking into account the rate of flow, slope, soil characteristics, proximity to a reservoir or the Ware river above the Ware river intake, the current level of water quality and the current degree of development, the division, in consultation with the department of environmental protection, determines that such exemption poses no significant risk to the quality of the water. (k) The division, after consultation with the department of environmental protection, shall issue regulations pursuant to section 6 for appealing the inclusion of a location in the areas regulated by this section. It shall be the responsibility of the appellant to prove that the location was improperly included. If the appeal is decided in the appellant's favor, a court of competent jurisdiction shall award to appellant reasonable attorney fees, costs and expenses incurred in the action. 4 (1) The division, in accordance with procedures for notice and a hearing as provided by chapter 30A, may grant upon appeal or petition with respect to particular uses or structures, and shall grant upon request with respect to crossings of tributaries and bordering vegetated wetlands a variance from the provisions of this section where the division specifically finds that owing to circumstances relating to the soil conditions, slope, or topography of the land affected by such uses or structures, desirable relief may be granted without substantial detriment to the public good and without impairing the quality of water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record, are necessary to protect the water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record are necessary to protect the water in the watersheds. The division shall record and index in the grantor index in the registry of deeds or register in the registry district of the land court for the county or district where the land lies, a notice of said variance, and conditions thereto, which notice shall describe the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries. (m) The location of tributaries and surface waters shall be determined by reference to maps generated by the Massachusetts geographic information service based on the most recent edition of the United States Geological Survey 1 to 25,000 thousand scale quadrangle maps. The location of flood plains shall be determined by reference to the most recent edition of the flood hazard boundary maps issued by the director of the Federal Emergency Management Agency. The location and the potential well yield of aquifers shall be determined by reference to maps generated by the Massachusetts geographic information service based on the United States Geological Survey water resource atlases. The division, in consultation with the department of environmental protection, may adopt more accurate maps pursuant to notice and a public hearing as provided in chapter 30A and shall file such more accurate maps with the clerks of the house of representatives and the senate 90 days prior to such maps taking effect. (n) This section shall not apply to the division in the performance of its responsibilities and duties to protect the quality of the water in the watersheds, or to the Authority in the performance of its responsibilities and duties to maintain, operate and improve the waterworks system. The provisions of this section shall not apply to activities relating to normal maintenance or improvement of land in agricultural use as defined in section 40 of chapter 131, or regulations promulgated thereunder; provided, however, that such activities do not impair the quality of the water. Nothing in this section shall be construed to limit conversion of land for agricultural use, or preparation of land for agricultural use; provided, however, that such conversion shall be made under a plan approved by the United States Department of Agriculture Soil Conservation Service and the department in consultation with the department of agricultural resources. This section shall not apply to the maintenance, repair, replacement or reconstruction of public roadways existing as of September 1, 1989 or railroad track and rail bed existing as of September 1 1990, including associated drainage systems, that are necessary to preserve or restore the facility's serviceability for the number of travel lanes and uses existing as of September 1, 1990; provided, however, that in the case of any replacement the design is substantially the functional equivalent of, and is of similar alignments to that which is being replaced; provided, further, that design plans and specifications for said work on roadways, or railroad track and rail beds are provided to the division prior to the work's commencement. This section shall not apply to the construction of public highways, railroad track and rail beds and facilities directly related to their operation; and provided, further, that the secretary of environmental affairs has determined that such highway or transportation service construction project requires direct access to or location in the lands set forth in this section and that said secretary and the division have determined that the construction does not materially impair the quality of the water in the watershed and does not otherwise materially impair the quality of the environment. This section shall not apply to the maintenance, repair or expansion of lawfully located structures or facilities used in the service of the public to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services; provided, however, that such maintenance, repair or expansion activities, structures, or facilities do not materially impair the quality of water in the watersheds as determined by the division after consultation with the department of environmental protection. This section shall not apply to the maintaining, repairing or replacing but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services in bordering vegetated wetlands; provided, however, that such maintenance and repair activities do not materially impair the quality of water in the watersheds. Nothing herein shall limit the ability of a person, municipality, the United States government or the commonwealth to undertake temporary operations to clean up, prevent or mitigate releases of hazardous materials or wastes. This section shall not be construed to limit changes in agricultural crops produced. Nothing in this section shall be construed to limit the use of new or existing agricultural technologies that do not degrade the quality of the water in the watersheds more than the present agricultural technologies that such new or existing agricultural technologies replace. (o) Upon written request by the division, the department of environmental protection shall have the authority, including the authority to render administrative penalties under section 16 of chapter 21 A, to enforce the provisions of this section for violations thereof. (p) The duties and obligations imposed by this chapter shall be in addition to all other duties and obligations imposed by any other general or special law or regulation. (q) The division shall hold in at least 1/2 of the communities in the affected watersheds an informational public hearing, giving notice thereof at least 30 days prior thereto by advertisement in newspapers of general circulation in each such community and by written notification to the boards of selectmen, city councils, or town councils, whichever is appropriate, in each such community. The division, at the time of such hearing, shall make available maps showing the areas affected by this section and shall explain the provisions of this section and the impact this section will have on the affected communities and landowners. (r) Nothing in this section shall impede or prevent the construction of a new municipal sewer system or new municipal water system if the division determines that water quality will not be adversely impacted from the construction and provided that such new systems comply with all existing regulations and standards applicable to water pollution abatement projects. North Andover Police Department 566 Main Street North Andover, Ma. 01845-4099 978-683-3168 Incident Report 7'l� Incident Number: 2009000019143 File No: N/A Dispatch Incident Number: 2009000020250 Print Date: September 21, 2009 Printed By: jburke Incident Information Name(Last, First, MI) I Date of Birth Sex Occurred Day of Date Time Occurred' Day of Date Time Reported Date Time On/From : Week To Week On Fri 09/18/2009 1:06:58PM Fri 09/18/2009 1:06:58PM --- 9/18/2009 1:06:58PM Reported As Incident Type - Primary Arresting Officer Neighbor Complaint Neighbor Complaint Incident Address Reporting Officer 143 Lacy Street, North Andover, MA 01845 Patrolman William Lynch Sector Stat. Area Sub Stat. Area Census Tract Landmark Business Name Incident Types -Other N/A Associated.Persons Summary I False Type Name(Last, First, MI) I Date of Birth Sex I Home Phone # Cell Phone # Work Phone # Caller --------------------------------------- Address. N/A N/A OMAHONY, STEPHANIE LEE------ --- --- -- - 4/13/1967 F (978) 686-3332- ---- --- -------- ----- ----------------------------------------------------------- ------------------------------------------------ 143 Lacy Street, North Andover, MA 01845 Involved Address. BIRCH, Stacey 5/24/1960 F N/A (978) 420-5770 N/A ---- ---------------------------------------------------------------------------- 95 Lacy Street, North Andover, MA 01845 Businesses Summi Type I Name Primary Phone # I Secondary Phone # No Associated Businesses reported for Incident #: 2009000019143 Involved Officers Officer Title Officer Name Officer Type Division Patrolman William F Lynch Reporting Officer Patrol Officers Patrolman William F Lynch Responding Officer Patrol Officers IBR/UCR Offenses Offense Number IIBR Type Chapter Section Statute ID / IBR Type Description No Incident Offenses Recorded for Incident #: 2009000019143 t,ompwint cnarges I Seq # I Chapter I Section I Name(Last, First, MI) Description of Offense Vehicle Info Vehicle No. I Vehicle Mak4 Vehicle Model I Vehicle Year VIN Primary coiorl Secondary Colorl Plate No. IState No Vehicle Info Recorded for Incident #: 2009000019143 Property No Property Info reported for Incident #: 2009000019143 Incident Number: 2009000019143 Page 1 of 2 PlFormSingle 04/10/09 North Andover Police Department 566 Main Street North Andover, Ma. 01845-4099 978-683-3168 Incident Report Narratives for Incident Number 2009000019143 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman William Lynch Division: Patrol Officers Date & Time Narrative Description 09/18/2009 21:15 Incident Number: 2009000019143 File No: N/A Dispatch Incident Number: 2009000020250 Print Date: September 21, 2009 Printed By: jburke Entered by Status Reviewed by Last Edit Date Patrolman William Lynch Open 09/18/2009 On the above date at approx. 13:06, 1 was dispatched to 143 Lacey St for a reported neighbor dumping manure too close to the property line. Upon my arrival, I spoke with a Stephanie O'Mahoney. She stated that her neighbor, Stacey Birch, dumped a few wheel barrel loads of horse manure near the property line. This line is divided by a six foot high fence. The manure pile is still on Stacy Birch's property but is approx. three feet from the line. The main manure pile is closer to the barn and away from the property line. This is the first time that the manure has been dumped in this area. Stephanie was also concerned about the manure pile being only fifteen feet from her well. I explained to her that I would contact the Board of Health and let them know of the situation. Pamela at the North Andover Board of Health was notified and will be investigating. Later in the day, Stacey Birch came into the station and stated she was told to move the main manure pile away from the wetlands. To comply with this request, she will be moving the whole pile to the area of Stephanie O'Mahoney's property line. Signature - Reporting Officer ------------------------------------------------------- Incident Notes: Create User ID: Date & Time No Incident Notes Listed Signature - Reviewing Officer Incident Number: 2009000019143 Page 2 of 2 PlFormSingle 04/10/09 North Andover Police Department 566 Main Street North Andover, Ma. 01845-4099 978-683-3168 Incident Report Incident Number: 2009000019233 File No: N/A Dispatch Incident Number: 2009000020346 Print Date: September 21, 2009 Printed By: JLUNDQUI Incident Information Name(Last, First, MI) I Date of Birth I Sex Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To - Week On Sat 09/19/2009 12:42:17PM Sat 09/19/2009 12:42:17PM >' —3 9/19/2009 12:42:17PM Reported As Incident Type - Primary Arresting Officer Aid To Public Aid To Public Incident Address Reporting Officer 95 Lacy Street, North Andover, MA 01845 Patrolman Daniel Crevier Sector Stat. Area Sub Stat. Area Census Tract Landmark Business Name Incident Types - Other N/A Associated Persons Summary I False Type Name(Last, First, MI) I Date of Birth I Sex I Home Phone # Celt Phone # I Work Phone # Caller ---------------- --------------- Address: OMAHONY, JOHN B 8/15/1967 M (978) 686-3332 N/A N/A ------------y--------------------------------- -- --- -------------------- ----------- --------- 143 Lac Street, North Andover, MA 01845 Involved ------------ -------------- Address:1 BIRCH, STACEY 5/24/1960 F (978) 479-50641_(978) 420-5770 N/A - - -------------------------------------------------- --------------------- 95 LACEY ST, NORTH ANDOVER, MA 01845 fated Businesses Summary Type IName PrimaryPhone # I SecondaryPhone # No Associated Businesses reported for Incident #: 2009000019233 Involved Officers Officer Title Officer Name Officer Type Division Patrolman Daniel J Crevier Reporting Officer Patrol Officers Patrolman Daniel J Crevier Responding Officer Patrol Officers IBR/UCR Offenses Offense Number IBR Type Chapter Section Statute ID / IBR Type Description No Incident Offenses Recorded for Incident #: 2009000019233 Complaint Charges Se q # Chapter I Section Name(Last, First, MI) Description of Offense Vehicle No. I Vehicle Makj Vehicle Model I Vehicle Year VIN Primary Color I Secondary Colorl Plate No. State No Vehicle Info Recorded for Incident #: 2009000019233 Property No Property Info reported for Incident #: 2009000019233 Citations . Citation No I Code I Date Status Statute Description Incident Number: 2009000019233 Page 1 of 2 PlFormSingle 04/10/09 North Andover Police Department 566 Main Street North Andover, Ma. 01845-4099 978-683-3168 Incident Report Narratives for Incident Number 2009000019233 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman Daniel Crevier Division: Patrol Officers Date & Time Narrative Description 09/19/2009 15:44 Incident Number: 2009000019233 File No: N/A Dispatch Incident Number: 2009000020346 Print Date: September 21, 2009 Printed By: AUNDQUI Entered by Status Reviewed by Last Edit Date Patrolman Daniel Crevier Open 09/19/2009 On September 19, 2009 at 12:42, 1 was sent to 143 Lacy St for an on going neighbor dispute. I arrived and spoke with John and Stephanie O'Mahony who brought me to their back porch to show the issue in question. They advised me that they have had an ongoing dispute with the neighbor at 95 Lacy St who operates a horse farm. They report that the operator of the farm Stacy Birch has relocated her Manure pile along their fence line and they believe it poses a hazard to their well water. The told me that they were aware that she had to move the pile of waste because it was abutting the wet land. They believe she relocated the pile near their fence as retaliation for Birch having to move the pile. They advise me that there would have been alternatives to relocating the pile. I later spoke with Stacy Birch who explained to me she was advised yesterday that she would have to relocate the pile. She was told that the relocation along the fence was the only place that was "not wetland" and told to put the pile there. She added that if "they had reported" the issue, she would not have to relocate the manure. She said there were no setback issues that she was informed of and was told to put the pile where they are. Signature - Reporting Officer ----------------------------------------------------------------------------------------- Incident Notes: Create User ID: Date & Time No Incident Notes Listed Signature - Reviewing Officer ------------------------------------------------------------------- Incident Number: 2009000019233 Page 2 of 2 PlFormSingle 04/10/09 North Andover Police Department Incident Number: 2009000019326 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000020440 978-683-3168 Print Date: September 21, 2009 Incident Report Printed By: JLUNDQUI Incident Information ;. Occurred... Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week Primary Phone # I Secondary Phone # No Associated Businesses reported for Incident #: 2009000019326 To Week Officer Title Officer Name On Patrolman Daniel J Crevier Reporting Officer Patrol Officers Patrolman Daniel J Crevier Sun 09/20/2009 3:16:03PM Offense Number I IBR Type Chapter Section Sun 09/20/2009 3:16:03PM —3 9/20/2009 3:16:03PM Reported As Incident Type - Primary Arresting Officer Neighbor Complaint Neighbor Complaint Incident Address Reporting Officer 90 Lacy Street, North Andover, MA 01845 Patrolman Daniel Crevier Sector Stat. Area Sub Stat. Area Census Tract Landmark Business Name Incident Types - Other N/A Associated Persons Summary False Type Name(Last, First, MI) Date of Birth Sex Home Phone # Cell Phone # I Work Phone # Caller --------------- ------------------ - Address: MCGARVEY, DIANE 5/22/1957 F N/A N/A N/A -------------------------------- ---------------- ----- --------------------- ---------------- 90 Lacy Street, North Andover, MA 01845 Associated Businesses: Summary Type I Name Primary Phone # I Secondary Phone # No Associated Businesses reported for Incident #: 2009000019326 InvolvedOfficers Officer Title Officer Name Officer Type Division Patrolman Daniel J Crevier Reporting Officer Patrol Officers Patrolman Daniel J Crevier Responding Officer Patrol Officers IBR/UCR Offenses Offense Number I IBR Type Chapter Section Statute ID / IBR Type Description No Incident Offenses Recorded for Incident #: 2009000019326 Complaint Charges Seq # Chapter Section Name(Last, First, MI) Description of Offense Vehicle Info Vehicle No. Vehicle Mak4 Vehicle Model I Vehicle Year VIN Primary Color I Secondary Color Plate No, State No Vehicle Info Recorded for Incident #: 2009000019326 Property No Property Info reported for Incident #: 2009000019326 Incident Number: 2009000019326 Page 1 of 2 PIFormSingle 04/10/09 North Andover Police Department 566 Main Street North Andover, Ma. 01845-4099 978-683-3168 Incident Report Narratives for Incident Number 2009000019326 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman Daniel Crevier Division: Patrol Officers Date & Time Narrative Description 09/21/2009 07:04 Incident Number: 2009000019326 File No: N/A Dispatch Incident Number: 2009000020440 Print Date: September 21, 2009 Printed By: JLUNDQUI Entered by Status Reviewed by Last Edit Date Patrolman Daniel Crevier Open 09/21/2009 On September 21, 2009 at 3:16pm, I was sent to 90 Lacy St. for a reported on going neighbor problem. Diane McGarvey of 90 Lacy St. reported that she recieved a call from neighbor informing her that the neighbor at 95 Lacy St. was dumping manure onto McGarvey's property. I arrived and spoke with McGarvey who relayed to me that there is an on going conflict with Stacy Birch, the operator of the farm at 95 Lacy St. (I have dealt with their complaints twice inn as many days -see NAPD incidents attached). Mcgarvey went on to tell of the on going issues andasked me what would happen if was watering her lawn and sprayed her in the face (assuming she was refering to Birch) Signature - Reporting Officer --------------------------------------------------------------------- Incident Notes: Create User ID: Date 8, Time No Incident Notes Listed Signature - Reviewing Officer Incident Number: 2009000019326 Page 2 of 2 PlFormSingle 04/10/09 Sawyer, Susan From: DelleChiaie, Pamela Sent: Friday, September 18, 2009 3:31 PM To: Sawyer, Susan; Bellavance, Curt Cc: Hughes, Jennifer; jburke@napd.us Subject: Lacey Street Issues - Stacey Birch / Stephanie O'Mahony Hi Susan, This morning I received a call from Stacey Birch of Lacey Street this morning. She stated that a representative from the Dept. of Agriculture came to look at her property today and determined that the manure pile was indeed encroaching into the wetland area, and was told to move it away from that area. She stated that the only two dry spots are her patio area and the area next to the fence where her neighbors are. I asked if those two spots were indeed the only two dry spots on the 12 acre property. She stated yes, that most of the area is wet. I told her I was not authorizing or advising her to do anything, but that I would forward the information on, as she stated she is sure this will cause another incident with her neighbors, and wanted it documented. I tol Ms. Birch that any questions or issues she has are best put in writing for proper follow-up. I received a call this afternoon from John Burke at NAPD at approximately 2:30 or so about the above issue. Mrs. Stephanie O'Mahoney had called about Ms. Birch moving the manure pile close to her property line/fence. Officer Burke asked if I was aware of this situation. I said yes, and he will forward the NAPD incident report for our reference. He stated that there have been multiple incidents called into the NAPD between residents of the neighboring properties. Mrs. Stephanie O'Mahoney called around 2:45 p.m. She complained about the manure being moved near her fence, and is concerned about contamination of her private well. I stated that I am not familiar with regulations that may address issues of animal manure and private wells, but would try to look up some information. I also stated that I would forward her concerns to the Health Director and the Director of Community Development for follow-up. Mrs. O'Mahony would like a follow-up call or e-mail regarding this. Thank you. Reference: Stephanie O'Mahony — H: 978.686.3332; C: 978.762.4600, and e-mail is: somahonv@electric.com. Pamela DelleChhve Health Department Assistant TOWN OF NORTH ANDOVER Health Department 1600 Osgood Street Building 20; Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 - Fax pdellechiaie@townofnorthandover.com - E-mail http://www.townofnorthandover.com - Website Notes: If copied to BOH Members - Reference Copy Only - no response requested at this time Grant, Michele From: Sawyer, Susan Sent: Monday, September 21, 2009 12:32 PM To: Grant, Michele Subject: FW: Lacey Street Issues - Stacey Birch / Stephanie O'Mahony From: DelleChiaie, Pamela Sent: Friday, September 18, 2009 3:31 PM To: Sawyer, Susan; Bellavance, Curt Cc: Hughes, Jennifer; jburke@napd.us Subject: Lacey Street Issues - Stacey Birch / Stephanie O'Mahony Hi Susan, This morning I received a call from Stacey Birch of Lacey Street this morning. She stated that a representative from the Dept. of Agriculture came to look at her property today and determined that the manure pile was indeed encroaching into the wetland area, and was told to move it away from that area. She stated that the only two dry spots are her patio area and the area next to the fence where her neighbors are. I asked if those two spots were indeed the only two dry spots on the 12 acre property. She stated yes, that most of the area is wet. I told her I was not authorizing or advising her to do anything, but that I would forward the information on, as she stated she is sure this will cause another incident with her neighbors, and wanted it documented. I tol Ms. Birch that any questions or issues she has are best put in writing for proper follow-up. I received a call this afternoon from John Burke at NAPD at approximately 2:30 or so about the above issue. Mrs. Stephanie O'Mahoney had called about Ms. Birch moving the manure pile close to her property line/fence. Officer Burke asked if I was aware of this situation. I said yes, and he will forward the NAPD incident report for our reference. He stated that there have been multiple incidents called into the NAPD between residents of the neighboring properties. Mrs. Stephanie O'Mahoney called around 2:45 p.m. She complained about the manure being moved near her fence, and is concerned about contamination of her private well. I stated that I am not familiar with regulations that may address issues of animal manure and private wells, but would try to look up some information. I also stated that I would forward her concerns to the Health Director and the Director of Community Development for follow-up. Mrs. O'Mahony would like a follow-up call or e-mail regarding this. Thank you. Reference: Stephanie O'Mahony— H: 978.686.3332; C: 978.762.4600, and e-mail is: somahony@electric.com. Pamela DelleChiaie Health Department Assistant TOWN OF NORTH ANDOVER Health Department 1600 Osgood Street Building 20; Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 - Fax DelleChiaie, Pamela From: Kennedy, Gerard (AGR) [Gerard. Ken nedy@state. ma. us] Sent: Friday, September 25, 2009 3:05 PM To: DelleChiaie, Pamela Subject: RE: gerard Pamela: They are here, though mostly in the field. You can access them at the address below. Gerard Kennedy Director Division of Agricultural Technical Assistance Massachusetts Department of Agricultural Resources 251 Causeway Street Boston, MA 02114-2151 TEL: 617-626-1773 FAX: 617-626-1850 Email: gerard.kennedy0i state.ma.us Web: www.mass.gov/agr Reserve your AgLag The Massachusetts Department of Agricultural Resources' (MDAR) mission is to ensure the long-term viability of local agriculture in Massachusetts. MDAR is comprised of four key divisions -- Agricultural Development, Animal Health, Crop and Pest Services, and Technical Assistance -- tasked to support regulate, and enhance the Commonwealth's agricultural community. Through its strong partnerships with municipal and federal entities, farmers and farming associations, MDAR's services provide support for continued successful cultivation of a thriving and diversified agricultural industry, economically and environmentally sound food safety and animal health measures, and fulfilling agriculture's role in energy conservation and production. From: DelleChiaie, Pamela[mailto:pdellech@townofnorthandover.com] Sent: Friday, September 25, 2009 3:01 PM To: gerard.kennedy@state.ma.us Subject: FW: gerard Hello, Are Linda Harrod and Bill Blanchard located in the same office with you? If not, do you have their address? Thank you. Pamela DelleChiaie Health Department Assistant TOWN OF NORTH ANDOVER Health Department 1600 Osgood Street Building 20; Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 - Fax pdellechiaie@townofnorthandover.com - E-mail http://www.townofnorthandover.com - Website Notes: If copied to BOH Members -Reference Copy Only -no response requested at this time From: Sawyer, Susan Sent: Thursday, September 24, 2009 12:42 PM To: DelleChiaie, Pamela Subject: gerard From: Kennedy, Gerard (AGR)[mailto: Gerard. Kennedy@state.ma. us] Sent: Tuesday, September 22, 2009 3:30 PM To: Sawyer, Susan Subject: whipporwill farm See attached report Gerard Kennedy Director Division of Agricultural Technical Assistance Massachusetts Department of Agricultural Resources 251 Causeway Street Boston, MA 02114-2151 TEL: 617-626-1773 FAX: 617-626-1850 Email: gerard. ken nedy(d,)state. ma. us Web: www.mass.eov/ag Reserve your AgTag 2 FROM : FAX NO. : Sep. 21 2009 7:03AM P1 J41, -n,* �uQ MASSACHUSETTS DEPARTMENTt FOOD AND AGRICULTURE BUREAU OF ANIMAL HEALTH lei 5tabu ,INSPECTION .REPORT Name ---L)k&o&)dn jjj,i .5+p,66 015 LWt y S f- W • A-neLl�-rA Page_of__�_ Date and Time of Inspection CI -19-09 I AP IWM �. • J ��.i ,'1.,e 414 - 0 1�,n ids•,. �-. SAO- cS1'ut��Pa( rP..r'e. cJQ�S' Report Received By: Signature Of Recipient: Inspector's Name: arro d i3.i,Lf Form #78 Inspector's Signature- White Copy -Office / Yellow Copy- Inspector / Pink Copy - Owner • t[��! Report Received By: Signature Of Recipient: Inspector's Name: arro d i3.i,Lf Form #78 Inspector's Signature- White Copy -Office / Yellow Copy- Inspector / Pink Copy - Owner HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Sep 30 2009 2:53pm Last Transacti n D Time I= Identification D i i PaW Resul Sep 30 2:52pm Fax Sent 89787626600 0:45 1 OK DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Monday, August 10, 2009 11:30 AM To: Sawyer, Susan; Grant, Michele; David Lindsay; Sue Northam Cc: Thomas Trowbridge (tat.boh@comcast.net) Subject: Complaint to State - 95 Lacy Street - Whipporwill Farm - Stacy Birch Attachments: SKMBT_60009081011180.pdf Letter came in on Friday. This is FYI only. It was directed to the State Department of Agricultural Resources. However, we may receive inquiries, just so everyone is aware. I copied in the people who have already been involved in this from calls in the past. Susan has already spoken with the complainants. Pamela DelleChiaie Health Department Assistant TOWN OF NORTH ANDOVER Health Department 1600 Osgood Street Building 20; Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 - Fax pdellechiaie@townofnorthandover.com - E-mail http://www.townofnorthandover.com - Website Notes: If copied to BOH Members - Reference Copy Only - no response requested at this time From: noreply@townofnorthandover.com [mailto:noreply@townofnorthandover.com] Sent: Monday, August 10, 2009 12:18 PM To: DelleChiaie, Pamela Subject: Message from KMBT 600 Tracking: 1%a August 3, 2009 Department of Agricultural Resources Mr. Scott Soares, Commissioner 251 Causeway Street, Suite 500 Boston, MA 02114 RE: Complaint for Investigation regarding Horse Manure Dear Mr. Soares, RECEIVED AUG 7 2009 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT I would like to file a formal complaint and request an investigation of the Whippoorwill Farm at 95 Lacy Street in North Andover, MA. The property is owned by the Estate of Barbara Tighe, but the current resident is Ms. Stacy Hughes -Birch, who has resided there since Ms. Tighe passed away in 2002. Of note, the property is the subject of a will contest and Ms. Birch -Hughes only has claim to three acres of the land which comprises eleven acres in total. In the past seven years Ms. Birch -Hughes (tenant) has been keeping a variety of animals on the property, including twelve to fourteen.horses and ponies, two peacocks, two dogs, chickens, roasters and several pigs. The main concern regarding this property is the manner in which the tenant has failed to properly store and dispose of the animal waste. The manure and other animal waste are in several piles, which she rarely ever removes, so they are large and abutting conservation land and wetlands. The Boxford State forest abuts the property and a natural stream runs through the land. The manure has been allowed to,collect to the point where it is causing an unhealthy environment for all concerned. All the property which abuts the farm is residential single family homes. The odor is unbearable on many days and the amount mosquitoes and flies in the area are noticeably increased. The waste is removed no more than once maybe twice per year. The entire property has been allowed to fall into disrepair by the Estate and tenant and the vacant, dilapidated barns and outer buildings have housed rabid raccoons and other animals over the past seven years. The manure storage and disposal is in clear violation of the Massachusetts General Laws on Proper Manure Disposal. It is clearly causing a present danger to the people, animals and environment in the area. I would assume it also violates provisions of the Wetland Protection Act as well. All of the abutters have well water as their only water source, as does the farm. Therefore, I request that you perform an immediate inspection of the premises and take appropriate action to ensure the safety of the people, animals and property in the area. Thank you for your attention and I look forward to seeing appropriate action taken in this matter. ;ectfully submitted, i' Stephanie O'Mahony 143 Lacy Street, North Ando H: (978) 686-3332 W: (978) VIA 01845 -4600 Cell: 617 -573 -?q'/7 Cc: Attorney, William Gardiner - Brodigan & Gardiner vAusan Sawyer, Town of North Andover - Health Department Jennifer Hughes, Town of North Andover - Conservation Department N A • '1 U� tri C1 O 00 O N r o M (5, 2 U ¢ 3 0 ❑ a L ' •� �i E"a � � y � w '" ani X O is o 0 o s ab � � .1 U '►+ � C � 1401 c oq a a 0 M ! csC 7 O d �x 'zi y o s i ,D U bq O E•" O� � y� O a.°b � � O U M y p Q U f p ,% C. 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Q a � a 0 3 a o d CC w° d a F ri v 0 Cl N d — R 0 � 4J C CI � F � d N � A Q C7 m 2 !i z r/ ♦ 7 7 O O O O N N Home Screen Return to the Horne page click on loge Page 1 of 1 MATCHING PARCELS Fiscal Year Parcel ID Address Owner 2005 21.0/105.D-0170-0000.0 L-3 LACY STREET TIGHE, BARB 2005 210/105.D-0169-0000.0 L-4 LACY STREET TIGHE, BARB 2005 210/105.D-0168-0000.0 L -5A LACY STREET TIGHE, BARBI 2005 210/105.A-0016-0000.0 LACY STREET KITTREDGE, N 2005 210/105.A-0014-0000.0 LACY STREET KITTREDGE, N 2005 210/105.A-0011-0000.0 LACY STREET LAHLUM, ROr 2005 210/105.A-0009-0000.0 LACY STREET KITTREDGE, N 2005 210/105.0-0018-0000.0 LACY STREET MURPHY, LEO C/O MRS THOP 2005 210/105.A-0010-0000.0 LACY STREET KITTREDGE, N 2005 210/105.A-0012-0000.0 I LACY STREET KITTREDGE, N Page: 1 of 5 http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=2&RecNo=1 4/6/2005 ► North Andover Adopted raccoon had rabies BY ANDY KOSOw AND STEPHANIE AKIN STAFF WRITERS NORTH ANDOVER — Fifteen relatives and neighbors of a local woman who took in a baby rac- coon are being treated for rabies today after the animal was found to have the deadly disease. Police are urging anyone who might have come in contact with the animal or any wild raccoon to seek treatment immediately. The woman, Stacy Birch of Lacy Street, said she thought she was rescuing the animal after its moth- er disappeared and she found an- other baby near death in the nest near her home. "This was very innocent," said Deputy Fire Chief William Mar- tineau. "She thought she was help- ing out the poor animal and as it turned out the reason it was sick and the reason the mother and the other baby died was because they were sick also." Please see RACCOON, Page 8 MASSACHUSETTS Dairy Lottery July 15 .......................2114 Payoffs/exact order All digits ..................$3,710 First or last 3 digits ............$519 Any 2 digits....................$45 Any 1digits .....................$4 Payoffs/any order All 4 digits ...................$309 First 3 digits ..................$173 Last 3 digits ...................$173 Previous numbers July 14 .....1576 July 11 .....0902 July 13 .....5539 July 10 .....1596 July 12 .....5627 July 9 .....3989 Megabucks July 14 ...........21.22-27-34-35-37 July 10 ............11-22-23-31-34-36 Mass cash July 13 ................2-9-12-23-24 July 9 .................4.9-21-24-27 Mass Millions July 15 ............6-14-27-34-37-49 Bonus number ..................46 July 12 ............... 1-7-8-11-26-49 Bonus number ..................23 Mega Millions July 13 ..............13-31-37-39-52 Mega Ball: 38 July 9 ...............11-23-25-29-45 Mega Ball: 16 NEW HAMPSHIRE Tri-State Numbers July 15 7 p.m .......... 966 and 8976 1 p.m.............112 and 3101 July 14 7 p.m .......... 473 and 2723 1p.m........... 863 and 4244 Tri-State Heads or Tails July 15 ..........12 -13 -15 -24 -27 -Tails July 14 ..........13 -15 -21.22 -34 -Tails TrlrState Meaabucks Iraq, women and children have b en killed.... We should not Ira've;gone in by ourselves." ,' Bdh will have to shuffle invi- tatiows 7o bashes across the city thrown for the delegates by spe- cial-interest groups. Sheinwald, whose regular bed- time is about 11 p.m., is already being bombarded with invita- tions for parties at Boston night- clubs that don't even kick off un- til 10 P.M. `I'll go to as many as I can," she said. "Hey, it's once in my life- time." Sheinwald's pile of invitations includes a party being thrown by vice presidential pick John Ed- wards at The Rack, and a "Rally in the Alley" party at the Big Easy club sponsored by the Reg- istered Nurses Association. Another invitation from Planned Parenthood promises a party with "Cocktails, Condoms and Celebrities for a Cause." "I don't think they know how old I am," Sheinwald laughed. Sheinwald didn't become inter- ested in politics until she moved to Rockport in 1968. Before that, she lived in Cyprus, where her first husband was stationed with the U.S. mili- tary. She taught schoolchildren in Panama, Guatemala and Hon- duras, and earned a master's de- gree in teaching at Harvard Uni- r 8 Friday, July 16, 289 'THE EAGLE -TRIBUNE ABOUT RABIES FROM PAC ■ Rabies is deadly if left untreated. The incubation period can last as long as three months until symptoms develop, but by then the disease has already entered the brain and is untreatable. ■ The most common symptoms are severe headaches and irrational behavior. Late -stage symptoms include foaming of the mouth. ■ Rabies is most easily transferred through a bite from an infected animal, though people can also get it from touching an infected animal's saliva and then putting a hand in their mouth, nose or eyes. The disease can also be transferred through a scratch or an open wound. ■ If you have been exposed, the Massachusetts Department of Public Health strongly advises contacting a family physician or Lawrence General Hospital to get treatment. ■ Last year in Massachusetts, 41 percent of the raccoons submitted to the MDPH tested positive for rabies. Since raccoon rabies was first detected in the state in September 1992, more than 2,200 raccoons have tested positive. ■ It is illegal to own raccoons in Massachusetts Those seeking further information can contact Deputy fire Chief William Martineau at (978) 688-9590 or the Massachusetts Department of Public Health at (617) 983-6800. RACCOON: Adopted baby had rabies ■ Continued from Page 1 Birch said she had been caring for the baby since Memorial Day. She found three babies in the nest, and upon advice from wildlife experts, she let them be. After three days, one of the babies was missing and the mother was still nowhere to be found. "They were tiny, smaller than kittens. How can you just let them die?" Birch said of the two babies. She said the one baby that im- mediately appeared ill walked with a limp and she thought it had a broken leg. Because the animal did not show any of the classic signs of rabies — foaming at the mouth, drinking excessive amounts of water and ruthlessly attacking people — she thought it may have gotten into some rat poison and gotten sick. Birch said the possibility of rabies never oc- curred to her. "Nobody ever said there was rabies out there," Birch said. The other was doing well over the past month, she said. Mar- tineau said she took the animal to a July Fourth party in Andover. Birch said neighbors and others would often ask her to pat it and she said she willingly obliged be- cause "I didn't know babies could get it." "Do you think I would let people touch it if I knew?" she said, cry- ing this morning. According to a police report, Birch called the police on July 9 saying the baby raccoon could barely walk and would not eat. Birch said she called North An- dover Animal Control several times but was told the office was closed because of a vacation. She said she was transferred to the backup control officer out of An- dover. "They didn't want to take it ei- ther," she said. "Nobody seemed to care." She called the wildlife depart- ment at Tufts University Veteri- nary School and was told there was a slim chance of rabies. Birch said she decided to have the live baby tested. That was Ju- ly 9. On Monday, the rabies was confirmed. "It didn't show any signs. It nev- er bit me once in over a month," Birch said. Birch said she called everyone she knew who had contact with the animal She said some were told by their doctor that the rabies treatment wasn't necessary and LL ..L .L -........« 4.. LL .......4:..«4 L...7.. "Nobody knows you can get it from touching it," she said of the raccoon. "Maybe it's a rarity you can get it like that, but you can. It's like playing Russian roulette. Martineau said the people who are being treated are friends and relatives Birch contacted to say they might have been exposed. Yesterday, police went door to door around the Lacy Street and Forest Street area handing out a community health alert about what to do after being exposed to a rabid raccoon. Martineau said the police want- ed to alert neighbors about the raccoon the Birch family took in as well as the possibility that oth- er raccoons in the neighborhood could be infected. "We don't want people to panic, but they should get tested if they have come in contact with a baby raccoon," Martineau said. "We urge people to stay away from wild animals." Birch said the treatment isn't bad. She said the first day she was given a "small shot" to boost her immune system, with follow-up shots that are determined by a person's body weight. While Birch said the shots she has been given protect her against the disease, she is con- cerned about others. A neighbor of Boxford State Forest, she said the neighborhood is teeming with wildlife. She said there are rac- coons and other wildlife at risk all over the neighborhood. She fears there is a bigger prob- lem out there and the state is not being responsive. Birch also said this was the first wild animal she has taken in and it will be the last. "I will never go near another wild animal or feed it, even a stray cat, after this," she said. The family had to put a pet kitten to sleep because it came in contact with the raccoon, she said. Birch said she has eight horses on the property and a dog — all of which are up to date on their ra- bies shots and all of which are safe. Building Professionals, Inc. Professional Building & Remodeling "On Time, On Budget, Or We'll Pay You!" HIM 119932 MCK9048821 Chairman's Reserve Boneless New York Sirloin Steak $5.4916 Holiday Roast $5.4916 FREE! Hardwood or Ceramic Tile Flooring With Your New Custom Built Sun Room 978-970-3215 www.building-professionals.com Proud Uember of the National 100� Association of the Remodeling Industry NRI. Boneless Skinless Chicken Breast $2.691b Plain or marinated You save $1.301b Land 0' lakes American Cheese $3.291b P -ED THE EAGLE -TRIBUNE' frday, July 16, 2004 7 Kerry remains a mystery to much of the nation David Nyhan Do you think there'll be a terrorism at- tempt before our election? Where? Will Dick Cheney be dumped as President Bush's run- ning mate? How do you size up the wives of the ticket? Any chance the election will be postponed? After speaking within the last week to audiences from across the country of executives of a national banking combine and the national convention of state budget officers, here's a summary of some ques- tions they posed: What's John Kerry like? He's still a question mark to many voters from outside New England. Curios- ity about the Democratic standard bearer has not yet been answered by Kerry's campaign speeches or advertising. Bush is a totally known quality. The outcome will hinge on voters' judgment of him and his war in Iraq. Republican attempts to dismiss Kerry as a flip-flopper have had some success. Any senator with 19 years of voting on thousands of measures has some vulnerable and inconsistent votes. Bush campaign ads and relentless pounding from on -message GOP surrogates have done some damage. But the news out of Iraq and the economic dislocation in some swing states like Ohio that have not yet recovered from recession exert a greater influence than the paid ads of either camp. Kerry's success in fund-raising is the biggest surprise of the campaign year. No one — not Kerry himself — ever dreamed he'd be raking in $1 million a day, half of it off the Inter- net — from people who may not be sure they like Kerry, but are thor- oughly convinced they detest Bush. So the number of genuinely unde- cided voters may not be around 20 percent as in some previous elec- tions. It may be as low as 6 percent, 7 percent or 8 percent, who hold the margin in the 17 swing states decid- ed by less than 5 percent in the last election. The second-biggest surprise of the season after Kerry's fund-rais- ing prowess, could be the emer- gence of Laura Bush as an effective defender of her embattled husband. The hard edges of his anti -gay mar- riage, anti -abortion, tough -guy for- eign policy are blurred by the first lady's calm and measured photo - ops. Bush's handlers schedule her in safe settings like reading to children, or defending her hus- band to carefully screened audi- ences. Teresa Heinz Kerry is wealthy, intelligent and has not set a foot wrong in accompanying her hus- band each step of the rocky road to nomination. She's been criti- cized for appearing bored or dis- tracted as she stands mute while he tries to rev up a crowd that al- ways seems to want more emo- tional reassurance than Kerry tends to proffer. The fact that she speaks with a slight foreign accent strikes some voters as slightly jarring. As a feminist and environmentalist with her own foundation and record of funding causes in which she believes, Mrs. Kerry had a record of her own before she be- came a potential first lady. Lynne Cheney has a long record as conservative activist and GOP politician in her own right, while Elizabeth Edwards is relatively un- known nationally. A mother of four (her 16 -year old son died in a car crash four years ago), she is appar- ently so good at public speaking that she will take on the high-risk role of introducing her husband for his big speech on the third night of the Democratic convention. But fears of terrorism dwarf cu- riosity about the personalities in- volved. . I think there will very likely be some sort of terror attempt on the U.S. homeland before the election, though there's been none in the three years since 9-11. Al-Qaida can- not afford to be seen so weak as to not even try something. But where? The news media are already do- ing half the terrorists' work, by pumping out the vague fears breathed by officialdom. Security officials bustle about, staging lav- ishly -publicized disaster exercises, with the real purpose of maximiz- ing their claim on the public trea- sury for more hires, more equip- ment, more intrusive searches and interruptions of normal life. America is on edge again. And nobody raised concerns with me about gay marriage, a peripheral is- sue regardless of the Republicans' ruckus -raising. Officials planning convention se- curity in Boston and New York ac- knowledge the near -impossibility of preventing attacks on the trans- portation networks of either city. There seems to be an air of resigned fatalism about the flaws and faults and dysfunctions uncovered by the 9-11 Commission and the Senate In- telligence Committee. The mistakes of the CIA and FBI seem to be accepted as typical gov- ernment screw -ups, rather than ex- amples of poor leadership at the top, judging from the questions and comments ppt to me. Cheney's fate remains a live topic, however. My guess is that the odds are four or five to one that Cheney remains on the ticket; the right wing sees him as holding Bush's feet to the fire. But if Bush is behind by 15 points in late August, Cheney might be judged too great a drag on Bush's re-election. The likeliest scenario would then be he bows out after the GOP convention, claiming heart problems, allowing Bush to replace him with more palatable running mate, Sen. John McCain, Secretary of State Colin Powell, or Homeland Security czar Tom Ridge, a Catholic from Pennsylvania who is still pop- ular there. Can terrorism postpone our elec- tion? Basically, no. Speculation about preparations to postpone vot- ing surfaced last week, but it won't happen. The country's been bitterly divided since the Florida recount. Enough is enough. No more elec- toral dysfunction, thank you. We'll choose up sides, then count the votes. And this time, let's count all the votes. David Nyhan is a longtime Boston political commentator. gilt SAINTS MEMORIAL � MEDICAL CENTER Yours for life Human Exposure Report To: () Animal Control Officer of (dty/town) �ardf Health (dty/town) From: Saints Memorial Medical Center Date: y Emergency Department One Hospital Drive Lowell, MA 01853 T ptwne . 978-458 1411 Ext. 4343 F x #: 9 -934-8297 Name of person reporting inddent: V1%,U111's Name: f T C1. Street Street Address: 70 State:y� Telephone Number: 4 Parent or Guardian: !" Animal Owner. . 77 Street Address: State: City/Town: Telephone Number: Information: Type of animal: pet- 9bra --- � Animal Ir�f license #:--� Color: Type of exposure: Bite: — Scratch: Age: ale Female Sawa:: �V Wound treatment (Describe): T00/T00'd aG68898Z6:01 99S8b£68Z6T 9NI NUN 3WWS:W0dd S£:2T b002-bT-inf � gilt SAINTS MEMORIAL � MEDICAL CENTER Yours for life Human Exposure Report To: () Animal Control Officer of (city/town) �ardf Health (000wn) _& A qu e From: Saints Memorial Medical Center Dae y Emergency Department One Hospital Drive Lowell, MA 01853 Telgplwne #: 97&458-1411 Ext. 4343 F #: 9 -934-8297 Name of person reporting incident: Victims Name: J ^ f Street Address: - State: Parent or Guardian: Animal owner. Street Address: ' State: Qty/Town: Telephone Number: of animal'Pet: sw.-- AnimalInformation: Type Wild,1,4ther:�.. License osuColor. Age:/00W. ale Female Type of exposure: Fite-* — ScraW Salo. Wound treatment (Describe): -i T00/T00'd 2bS68898L6:01 99S80£6&6T 9NI NCId 3WWS:W0dzJ 9£:2T b002-bT-W Page 1 of 1 Dellechiaie, Pam From: Sawyer, Susan Sent: Tuesday, July 13, 2004 2:15 PM To: tat.boh@comcast.net Cc: Jonathan Markey; Dellechiaie, Pam; cbarczek@comcast.net Subject: RE: Hi Tom, This message is in regards to our conversation of last evening. John and Cheryl, just to let you know we had a confirmed rabid baby raccoon in NA. It had not bitten or scratched anyone, however 5 persons chose to hold and pet it over the course of a month. The homeowner on Lacy Street called the health office on Friday to request assistance. After much discussion, she was instructed to take the animal to Andover. The animal was tested and reported positive on Monday. Tom, thanks for the link below. Good information. Here is the status I spoke with the resident with the raccoon issue this AM( Tuesday) and gathered the following information: 2 Adults and 3 children had contact with the raccoon over the past month. Originally there were 2 babies, but one died two weeks ago, however this did not alarm the homeowner. All 5 people are getting the rabies shot series As this is an active horse farm I was concerned about other contacts. No clients of the riding school had any contact with the infected animal There are 8 horses - all vaccinated 2 indoor cats - had no contact 1 - 3 month old kitten played with the raccoon 2 dogs - vaccinated, scheduled for boosters on Thursday 1-2 occasional stray cats - no vaccinations known. There may be other raccoons on site, but their state of health is unknown The state Dept. of Agriculture rabies coordinator, Mike Cahill, contacted the owner of the horse farm after I filled him in on the details. Our inspector, Dr. Lindsey, has been contacted but is out of town on vacation until next Thursday. Mr.. Cahill advised the homeowner that the animal of most concern was the unvaccinated kitten. He recommended euthanizing the animal, otherwise it must be held off site, in quarantine, for 6 months. The family will discuss the options and let us know. He also advised the homeowner that they may want to hire an exterminator to eliminate any other animals that may inhabit the barn. The state wants us to follow up on the kitten. I will do that tomorrow. What I would like to do at some point is discuss doing an educational piece on this issue. Apparently, many people do not know not to handle wild life. In addition, rabies is definitely making a comeback. The public needs to know the risks with those cute little animals. Hopefully this family is one of the lucky ones and they will all be fine. FYI, I will be off from 7/15 - 7/19. Pam knows to give you all a call if there is a crisis. Thank you Susan -----Orig inal Message ----- From: tat.boh@comcast.net [mailto:tat.boh@comcast.net] Sent: Monday, July 12, 2004 10:33 PM To: Susan Sawyer Subject: Sue I found a lot of information quickly at www.cdc.gov/ncidod/dvrd/rabies. tom 7/15/2004 JUL. 15.2004 1:33PM N0.7811 P. 2 •' Community Health Alert Rabid Raccoon TO: Residents in the _ Neighborhood of North Andover FROM: Debbie Rillahan, North Andover Health Agent DATE: July 15, 2004 RE: Potential Exposure to Rabid Raccoon in the areas of the North Andover The North Andover Board of Health was notified by Massachusetts Department of Public Health, Virology Laboratory that a baby raccoon, being cared for since May by a North Andover family in the Lacy Street area of North Andover tested positive for rabies. One raccoon is reported to have died suddenly three weeks ago while the other raccoon began exhibiting symptoms on Wednesday, July 7. It was brought to a local veterinarian who submitted the animal to the Department of Public Health. The animal was reported positive by the MDPH on Monday, July 12. To date, seven individuals with exposures to the raccoons have been identified and are undergoing post exposure rabies treatmeDLI Thi is ing di. bu the area because new reports indicate that other individu the ' bor d m y ve ntact with the raccoon. Persons who report having any d' t c n ith by ae oon this area of North Andover since May should contact the No d ar of and sachusetts Department of Health at 617-983-6800 to evaluate el tj r p a is r ng post exposure treatment for rabies. Rabies is a uniformly fatal disease. Once symptoms develop in a human there is no treatment. if a person is exposed to the saliva of a rabid animal through a bite or scratch, through introduction into the mucous membranes (eyes/nose/mouth) or through a fresh cut or wound, they have had a high-risk exposure. In these situations, the Centers for Disease Control (CDC) and MDPH strongly recommend that exposed person(s) receive rabies post -exposure prophylaxis treatment with vaccine and rabies immunoglobulin. The N. Andover BOH recommends that you contact your health care provider as soon as possible to evaluate whether you had a bite, scratch or mucous membrane exposure to these raccoons and whether you should receive rabies post -exposure prophylaxis. Last year in Massachusetts 41%, of the raccoons submitted to the MDPH, Virology Laboratory tested positive for rabies. Since raccoon rabies first entered Massachusetts in September 1992, more than 2,200 raccoons have tested positive. It is illegal to own raccoons in Massachusetts without an educational permit from the Department of fish and Wildlife. if you find wild animals, please contact animal control at for assistance. To reduce your risk of exposure to rabid animals: • Vaccinate your pets against rabies. + Do not feed pets outdoors as this could attract wild animals • Avoid contact with strays or seemingly tame wild animals • If a wild animal bites your pet, wear gloves when cleaning wounds on your pet to prevent exposure to any saliva from the wild animal and contact your veterinarian. More information about rabies is available through N. Andover BOH at ??xxxxxxxxxxx or, by visiting the MDPH web site at http:/lwww.mass.gov/dph/ and following links to the Rabies Web Site. AUL, 15. 2004 1:33PM MASSACHUSETTS DEPARTMENT OF PUBLIC HEALT. DIVISION OF EPIDEMIOLOGY & IMMUNIZATION 305 SOUTH STREET JAMAICA PLAIN, MA 02130 TELEPHONE (617) 983-6800 FAX (617) 983-6813 - TO: CYT — FAX: 0 4 r� 'i I I a � Lr\ PHONE: FROM: SUBJECT: PAGES PLUS COYER SKEET: DATE: Comments: 'N0. 1811 P. 1 This doeumat mm im confidential in b matron privileged and exempt from disclosure under applicable law. if you are not the intended recipicut, dissemination, distribution, copying or use of or a component of this docwnent is strictly prohibited. If you have received this docunent in error, please notify us irmediately at the telephone number above. HP*Fax K 1220xi Last Transaction Date Time Twee Jul 15 1:37pm Fax Sent Identification 89786861212 Log for NORTH ANDOVER 9786889542 Jul 15 2004 1:37pm Duration Pages Result 0:34 2 OK Page 1 of 2 Dellechiaie, Pam From: Mark Rees - town manager [mrees@townofnorthandover.com] Sent: Friday, July 16, 2004 8:08 AM To: 'Heidi'; tju@ufb.com; chm@ufb.com Cc: mrees@townofnorthandover.com; wmartineau@townofnorthandover.com; drillahan@townofnorthandover.com; ssawyer@townofnorthandover.com; pdellechiaie@townofnorthandover.com Subject: RE: board of health quarantines Hi Heidi, you may want to check with Deb Rillahan. I believe she had a conversation with a Mass. Dept of Health official who said that quarantining the barn is not necessary at this stage. Mark -----Original Message ----- From: Heidi [mailto:sas123@comcast.net] Sent: Friday, July 16, 2004 1:48 AM To: tju@ufb.com; chm@ufb.com Cc: mrees@townofnorthandover.com; wmartineau@townofnorthandover.com; drillahan@townofnorthandover.com; ssawyer@townofnorthandover.com; pdellechiaie@townofnorthandover.com Subject: board of health quarantines Hi Tom [or Carol]: As you may or may not be aware of yet, we have had a rabies outbreak in town. As such, we need to quarantine a barn of animals in town of which one of the animals that previously resided in the town tested positive for rabies through Mass. D.P.H. This is an issue of immediate concern to the town, and we have issued press releases today to such as we have begun to initiate the process of innoculating residents that may have been exposed. I spoke with the Chair of the BOh yesterday and he does indeed believe the BOH can quarantine the barn. Naturally as Murphys Law would have it our Health Director went on vacation yesterday so I need some of your professional assistance... Can you please let me know the following: Do the Regulations I attached in 330 CMR seem to allow such a "quarantine" [I read it that way] 2. Is this just a form we can have the BOH sign or do we need an emergency meeting to move forward with the quarantine? What mechanism does the BOH need to move forward to ensure the "animals" or "barn" is quarantined? More bad news .... this law seems to imply the Animal Inspector can issue the quarantine. Our animal inspector, Dr. Lindsay, is on vacation and unreachable. If the Animal Inspector reports to the BOh can the BOH issue the quarantine? Mark, you might want to read Section 10:07: 1 believe it answers the question about payment of costs for quarantines, etc. It states the OWNER of the animal is responsible, yep, you can give me a big fat raise tomorrow!!! :) given the owner "owns" the animals in her barn I believe the town has the power to ensure she pays for the quarantine and testing. If you could please reply to my work email tomorrow with any insight you may have that would be greatly appreciated, I was just up working late trying to solve the mystery! Pam, can you kindly forward this email to the members of the Board of health on my behalf as I don't 7/16/2004 V .r' Page 2 of 2 have their emails at home, as well as remind them not to speak to the press about this issue. The town manager has named Deputy Martineau at the Fire Department the town's spokesperson and all phone calls from the press are to be referred to him. Thanks so much! Heidi 7/16/2004 PUBLIC HEALTH FACT SHEET Rabies I Massachusetts Department of Public Health, 305 South Street, Jamaica Plain, MA 02130 1 What is rabies? Rabies is a disease of the brain and spinal cord and is caused by a virus. Rabies.is a fatal disease. Rabies in humans is very rare in the U.S., but rabies in certain animals—especially wildlife—is common in many parts of the country, including Massachusetts. How is rabies spread? The rabies virus lives in the saliva (spit) and nervous tissues of infected animals and is spread when they bite or scratch. The virus may also be spread if saliva from an infected animal touches broken skin, open wounds or the lining of the mouth, nose, or eyes. In caves crowded with many bats, it may be possible to inhale the virus floating on bat saliva in the air. What kinds of animals spread rabies? The rabies virus can infect any mammal (if it has hair or fur, it is a mammal), but is more common among certain ones like bats, skunks, foxes, and raccoons. Cats, dogs, and livestock can also get rabies—and spread it to their owners—if they do not have special shots to protect them. Rabies is very rare among small rodents like squirrels, rats, mice, and chipmunks. Fish, reptiles (such as snakes, turtles and lizards), amphibians (such as frogs and salamanders), and insects (bugs) cannot get or spread rabies. How common is animal rabies in Massachusetts? Rabies in raccoons first appeared in Massachusetts in 1992. Since then, raccoon rabies has been found in almost all cities and towns in the state, with the exception of Cape Cod and the islands of Martha's Vineyard and Nantucket. Rabies in bats has been a problem throughout Massachusetts at least since it was first found in 1961. How can you tell if an animal is rabid? Rabid animals often behave strangely after the virus attacks their brains. Rabid animals may attack people or other animals for no reason, or they may lose their fear of people and seem to be unnaturally friendly. Not all rabid animals act in these ways, however, so you should avoid all wild animals — especially bats, skunks, foxes, and raccoons. Also, you should not feed or touch stray cats and dogs. What should you do if you think you've been exposed to rabies? If you have been bitten or scratched by a stray or wild animal, or by a pet or farm animal that has been behaving oddly, follow these steps: 1. Wash the wound with soap and water right away for at least ten minutes. 2. Call your health care provider and local board of health as soon as you finish washing. They will help you decide if you need to be treated for rabies. It is important to follow their instructions exactly. 3. Contact your local animal control officer to catch or find the animal that scratched or bit you. Your local board of health can tell you how to have it tested by the State Rabies Lab, if appropriate. If your pet has been bitten or scratched by an animal that you think may be rabid, put on gloves before touching your pet. Follow the steps above but call your pet's veterinarian instead of your own doctor as in step 2. What is the treatment for people exposed to rabies? The treatment for people exposed to rabies involves two medications. One, called rabies immune globulin (or RIG), contains antibodies to fight the virus and is given once. The other medication is rabies vaccine, which ensures long-lasting protection, and is given as five shots over the course of a month. (Rabies shots are no longer given in the stomach.) People who received the full series of rabies shots in the past need only two rabies vaccine shots. To work best, the medications should begin as soon as possible after the bite or scratch. However, if the animal has been caught and will be tested for rabies, you can wait for the test results to see if the shots are necessary. How can you prevent rabies? • Avoid wild animals, especially bats, skunks, foxes, and raccoons. Do not feed or pet strays. Avoid any animal—wild, farm or pet—that you do not know. Report any animal that behaves oddly to your local animal control official. • Teach your children to avoid wildlife, strays, and all other animals they do not know well. • Do not handle dead, sick, or injured wild animals yourself; call the police or animal control officer. If you must handle the animal, use heavy gloves, sticks or other tools to avoid direct contact. • Make sure your pets are vaccinated against rabies and that their shots are up-to-date. By law, all dogs, cats and ferrets must be vaccinated against rabies. • Feed pets indoors and keep them indoors at night. If they are outside during the day, keep them on a leash or fenced in so they cannot wander. It is possible for vaccinated pets to get rabies. Pets allowed to roam freely are more likely to get rabies and possibly expose people and other pets in your home. • Fasten trash can lids tightly. Garbage attracts animals (like skunks, raccoons, and strays) looking for an easy meal. • It is against state law to keep wild animals such as skunks or raccoons as pets. There are no rabies vaccines for most wild species. • Cap your chimney with screens and block openings in attics, cellars, and porches to keep wild animals like bats and raccoons out of your home. • If you have bats in your house, talk to a professional about bat -proofing your home. • Animal control officers, veterinarians, their assistants, and others who have a lot of contact with strays or wildlife should get routine rabies vaccinations to protect themselves before they are exposed to the virus. Where can you get more information? • Your doctor, nurse or health center Your local board of health (listed in the phone book under local government) Massachusetts Department of Public Health, Division of Epidemiology and Immunization at (617) 983- 6800 or toll-free at 1-888-658-2850 or on the MDPH website at http://www.state.ma.us/dph/ February 2002 Q O d w O O O O O O O O O O O O �p O O p O O ti O NW vi W) � W) � vi 6M9 vi 6M9 yy O ti ~ F lo� rri r%j a a W) kr) O c V) 00 00 00 w N o C 0 0 0 0 a Fq O pp z O LL W C >r��'3�> O 0 00 0 00 0 O O 00 0 00 0 O b v y_ 00 Y a v _aZ az qO�1 al, n b a,Z v° a C o vz d o vz 2 d o vz s o vz o vz = o - a �, xiN >,�xN ���0���0�0�0�Or �.aF"� cVe.a�'� �T.a �aF"� 'M' � a 00 Q W rnaz° o az°� rn az°. o y Q WW W�y O a ON � L f 1M1 � 0 0 0 0 0 0 0 00 00 00 00 00 W y W O O O O O O O Q '00 V o 0 0 0 0 cr, 0 y LO a '6) 0 0 0 0 0 0 z ' W)� OM Cl o0 O 0o O a O r 7 S `n O O O O O O p C z d p. d o O Vl o o �O Cl O l- o o 00 0 01 0 o 0 v c y 02� •0 O m Q ot ;t O y L O 4 uG , LO N E E C North Andover Adopted raccoon 'had rabies By ANDY KOSOW AND STEPHANIE AKIN STAFF WRITERS Street, said she thought she was rescuing the animal after its moth- er disappeared and she found an- other baby near death in the nest NORTH ANDOVER — Fifteen near wasnverY innocent," said relatives and neighbors of a local woman who took in a baby b e beau. `She thought uty Fire Chief she was hpt coon are being treated forout the poor animal and today after the animal was found ing to have the deadly disease- turned out the reason it was sick Police are urging anyone who and the reason the mother and the Wight have come in contacctoo we e sick alsobaby a was beeause they the animal or any wild ra seek treatment immediately. The woman, Stacy Birch of Lacy Please see RACCOON, Page 8 8 Friday, July 1b, 2004 THE EAGLE -TRIBUNE FROM P. ' ABOUT RABIES dead) if left untreated. The incubation period can last as long as three months until symptoms develop, but ■ Rabies is Y by then the disease has already entered the brain and is untreatable. ■ The most common symptoms are severe headaches and irrational behavior. Late -stage symptoms include foaming of . the mouth. people can also get it from touching is . most easily transferred through a bite from an infected animal, though p p animal's saliva and then putting a hand in their mouth, nose or eyes. The disease can also be transferred through an infectedfamilyh sician a scratch or an open wound. ■ if you have been exposed, the Massachusetts Department of Public Health strongly advises contacting a p physician or Lawrence General Hospital to get treatment. ■ Last year in Massachusetts, 41 percent of the raccoons submitted to the MDP H tested positive for rabies. ince raccoon he state in September 1992, more than 2,200 raccoons have tested positive• rabies was first detected in t ■ It is illegal to own raccoons in Massachusetts y Fire Chief William Martineau at (978) 688 9590 or he Massachusetts Those seeking further information can contactDeput Department of Public Health at (617) 983-6800. COON.. Adopted baby had rabies "Nobody knows You can get it immune system, with follow-up ■ Continued from Page 1 from touching it," she said of the shots that are determined by a Birch said she had been caring raccoon. "Maybe its a rarity you person's body weight. can get it like that, but you can. While Birch said the shots she Russian roulette. has been given protect her for the baby since Memorial Day. She found three babies in the It'Martinuplayingole who against the disease, she is con - nest, and upon advice from Martineau said the people ce Boxford State Forest, she said experts, she let them be. are being treated are friends and corned about others. A neighbor wildh xP tives Birch exposed. the neighborhood is teeming with After three daaea ne of the the mother was they might have been exp say was missing Yesterday, police went door to wildlife. She said there are ra l still nowhere to be found e were tiny, smaller than door around the Lacy Streetand Coons and other over the neighborhood. at risk � ,,Th6y kittens. How can You Just let them Forest Street area handing after being exposed to lem out there and the state is not die?" Birch said of the two babies. community health alert about She fears there is a bigger p She said the one baby that im- what to d being responsive. mediately appeared ill walked a rabid raccoon first lim and she thought it had Martineau said borsoabout the with a p wild animal she has taken Birch also said this was the m and a broken leg. Because the animal ed to alert neig took in it will be the last. did not show any of the classic he as well s thDon the epossibirch y that oth- "I will never go near another signs of rabies — foaming borhood wild animal or feed it, even a mouth, drinking excessive er raccoons in the neigh stray cat after this," she said. The could beinfected. le Pc� family had to put a pet kitten to amounts of water and ruthlessly „We don't want people attacking people — she thought it sleep because it came m contact may have gotten into some rat but they should get tested if they the raccoon, she said. Birch said she has eight horses poison and gotten sick. Birch said have come Ma Martineau said. b "We and adog — � of the possibility of rabies never oc- raccoon, from on the property carred to her. urge people to stay away which are up to date on their ra- "Nobody ever said there was wild animals." rabies out there," Birch said. Birch said the treatment isn't bies shots and all of which are The other was doing well over bad. She said the first day she was safe. the past month, she said. Mar given a "small. shot" to boost her tineau said she took the animal to a July Fourth party in Ando,er. Birch said neighbors and others would often ask her to pat it and she said she willingly obliged be- cause "I didn't know babies could get it." ,To you think I would let people touch it if I knew?" she said, cry- ing this morning• police report, According to a p Birch called the police on July 9 saying the baby raccoon could barely walk and would not eat. Birch said she called North An- dover Animal Control several times but was told the office was closed because of a vacation. She said she was transferred to the backup control officer out of An- dover. "They didn't want to take it ei- ther," she said "Nobody seemed to care." She called the wildlife depart- ment at Tufts University Veteri- nary School and was told there was a slim chance of rabies. Birch said she decided to have the live baby tested. That was Ju- ly 9. on Monday, the confirmed. "It didn't show any signs. Itnev- er bit me once in over a month," Birch said. Birch said she called everyone she knew who had contact with the animal She said some were told by their doctor that the rabies treatment wasn't necessary an( that it was up to the patient to dt decide whether to have it. Building Professionals, Inc. M 10Yeat serving The \Icrnmack Professional Building & Remodeling Valley .� I "On Time, On Budget, Or We'll Pay You!" I N(cm I IN32 """-" ---_ 4 `REE! Hardwood or Cemie Tile Flooring With Your New Custom Built Sun Room 978-970-3215 www.building-professionals.com Froud Member of the National + Association of the Remodeling Industry Chairman's .Reserve Boneless New York Sirloin Steak s5.491b Holiday Roast s5.491b Pork Tenderloin ," r% 0%11 e e BonelessSkinless Chicken Breast s2.e9lb Plain or marinated You save si.301b Land 0' Lakes American Cheese s 3.291b Fresh Ground Beef 550 YRS CO poRrN NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department WILLIAM P. MARTINEAU Deputy Chief April 8, 2005 Atty. Marshall Field 9 Central Street Lowell, Ma Dear Atty. Field, Chief (978) 688-9593 Business (978) 688-9590 Fax (978) 688-9594 On April 6, 2005 an engine company from the North Andover Fire Department responded to 95 Lacy Street for a complaint of an odor of fuel in the area. Upon investigation, a 275 gallon heating fuel tank was found abandoned beside a vacant' cottage. There also appeared to be some leakage from this tank. It was brought to my attention that you represent the estate of Barbara B. Tighe, owner of the property. AS you know, this tank must be removed and a licensed. site professional must submit a report to the Fire Department regarding his finding as to the condition of the soil under the leaking tank. Please call my office with the name of the LSP and the date this situation will be rectified. Respectfully, ` itg �9'� lali - William P. Martineau, Deputy Fire Chief SERVING PROUDLY SINCE 1921 U o �- 00 U z� O A w U �1 � a .i• � U O U � d � u U I U o kn O A w q � v u O U w � I w U � u A v a � ti bb wz o U a .r o A w � w ti bb wz Z ��ia� z aaz �v ar a .r Lv 0 N a� C a� 1 cts 4" m w 0)m s 3 N `-' O m coj L o m �; ....... ...... . ............ ................... ...... ..... .... 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I . .............. ... . . ...... ....... . .. ....... ...... .VS O . . ... ...... .... .. ..... ..... ....... �!!Xq mq c7 a1 G ......... A .. .............. ...... ....... ...... ... ............. ..... . . . ...... . ....... ...... ....... ... ........... ......... ..... .... ...... ...... .... ..... ...... Atli— ....... ..... :44: . ....... .... . . . ....... ...... rq .. . ...... . .... . ...... ... ... . ..... ....... ............... 4 low b . ........ .. ..... ... .. ...... ...... ..... — .... ....... ...... ...... .... ....... ...... .... . ........ .... ... ...... . . .. .......... ...... .... .. . .V4- iZ . .. ....... . ..... ....... . .............. . G7U Ra . . .... .... XV., 73, AW V.: lw:X U J*# 110 dx Pa C, 0 N Z rA LD �o m LO C) co F- 0 COMPLAINT FOR INVESTIGATION DATE: 9/12/2001 FROM: ADDRESS: Lacy Street Whippoorwill Farm Complaint Against: Tel #: ELECTRICAL: Inadequate perhaps unsafe wiring in barn which boards 36 horses. Main house may need to update wiring. , No smoke detector present in the barn. Water well pump broke down for 2 days.. PLUMBING: GAS: BUILDING: Questioning safety of a small cottage on the premise which house one person. May have inadequate electricity, heat, water. BUILDING CONTRACTOR: PROPERTY OWNER: Barbara Tighe Tel: 978-794--9944 OTHER: Please refer to the Health Department due to the housing of boarding horses and other health conditions. Signed: anonymous cc to Health Department E C E VE SEFJ 9 2uu1 P-U-ILDINGDEPT Sawyer, Susan From: Sawyer, Susan Sent: Thursday, June 09, 2011 12:18 PM To: 'staceybirch1960@gmail.com' Subject: wells Stacey, At 11:00 AM today, Mr. Brown and I went to the site and met with the owner. Using a 2005 plan by Neve Morin, we were able to identify the known existing wells on the property. Location of the old shallow well was observed. Appeared filled and compacted at this time. No immediate concerns identified. Proper abandonment procedures were discussed for any future abandonments. Susan Sawyer -----Original Message ----- From: Sawyer, Susan Sent: Wednesday, June 08, 2011 4:08 PM To: 'staceybirchl960@gmail.com' Subject: RE: Stacey, I have spoken to the O'Mahoney's regarding the photo and the concern. I will be visiting their property tomorrow or Friday to verify the location that the old well was in for information the health file. Old unknown wells on farms are very common and could be dangerous for the land owners. Filling to prevent a sink hole is the general protocol. I believe you noted that your home is serviced by a drilled well at an unknown depth and is secured by an impervious casing. Dug wells are generally at an upper level of the water table (@ 50 - 80 feet) and drilled ones are deep into the granite bedrock over 300 feet. The State of MA and the town do not have any regulation that require homeowners to test private wells, but we would recommend that you have your well tested annually for bacteria and other contaminants, as suggested by the water testing companies. Keeping a record of your private testing is a good way to ensure that the water you are drinking is potable. I will send you any other findings after my site visit. Susan Susan Sawyer Health Director 1600 Osgood Street North Andover, MA 01845 -----Original Message ----- From: staceybirchl96@Ogmail.com fmailto:staceybirchl960(lagmail.com1 Sent: Tuesday, June 07, 2011 9:07 AM To: Sawyer, Susan Subject: 1 Susan, The O'Mahoney's are dumping all kinds of junk down into an old well and we are afraid that It will harm our grown water and other around here. Could you please check it out and get back to me. Thank you Stacey Hughes Sent via B1ackBerry by AT&T Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 6 10 83.3 A 20 10A 50 9.63 A 1 18 21.5 A 1.13 �30-\ 16 \/ 60 1.56A 61 8 2.42 A 4A 62 63 3.61 A 4.69A x 19 1.72 A w 167 111 2.34 A 170 168 2.9 A 30 29 1.7 A 3. 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For legal detennlretlm plaaw rater to pmei specific deeds or the Town of North Andwer Assessor Omca Map Prepared By: McMmack Valley Planning Commission 160 Main St Date Sources: The data for this mep was supplied by the Merrimack Haverhill, MA 01830 Valley Plannirp commlmion, the Town of North And-, and the 978.374-0519 400 Executive Olfke of Emlmnmemal Agalrs/MassGIS. - Path:J:Y4eGISWorUTA aANOMAndwarA-.or Mapemxd - V) z �,aok,oQ C�N� �N W Z2�(z4 V �J-1.JJ w QQ�L0.Q, � po04D W ujWWWW (t :z GO%la