Board of Health

Braintree Board of Health Meeting Held Via Zoom (Webinar ID#83869576560) Thursday, May 14, 2020, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Laurie Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Dr. Bregoli called the meeting to order at 7:00 p.m. by roll call vote: Dr. Bregoli-yes; Dr.Nedelman-yes; Laurie Melchionda-yes Marybeth McGrath provided brief instructions on how to conduct a Zoom meeting. Approval of Meeting Minutes: March 12, 2020 Motion By: Dr. Nedelman to approve the meeting minutes of March 12, 2020. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes List of Complaints: The board reviewed a list of complaints received from March 9 – May 8, 2020. New Business: Request for Variance of Lifeguard Provision: Royal Lake Condominium Trust, 3 Royal Lake Drive (Tabled from 3/12/20) – Ms. McGrath stated this is a repeat request. This property is located off of Pond Street and this is an adult only community. They have a low bather usage, both weekdays and weekends. They are open from Memorial Day through Labor Day, from 10:00 a.m. through 8:00 p.m. Ms. Melchionda asked if pools are opening under the current COVID-19 conditions. Ms. McGrath stated she has made it clear to all the applicants that although the Board may approve these waivers, that does not mean the pools will open. She is awaiting instruction from the Governor on the phased reopening plan. She stressed that if and when pools are allowed to open they will have to comply with strict guidelines, such as social distancing. Braintree Board of Health, May 14, 2020 Page 2 of 6 Motion By: Dr. Nedelman to approve the variance request for 3 Royal Lake Drive Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes River Bend Condominium Trust, 399 Pond Street – Ms. McGrath stated this is a repeat request. This is an adult community, with occasional younger guests, that has been in town for many years. They normally have low bather numbers. Motion By: Ms. Melchionda to approve the variance request for 399 Pond St. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Landing 53 Apartments, 25 Commercial Street – Ms. McGrath stated present is Anthony Ferris, Property Manager. This is a relatively new complex with an in-ground pool. This is the second year of this request. Mr. Ferris addressed the Board. He stated in 2019 they were almost fully occupied, so the bather load provided is an accurate representation. Ms. McGrath indicated she did not have any concerns with this request. Motion By: Dr. Nedelman to approve the variance request for 25 Commercial St. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Jonathan’s Landing Condominium, 400 John Mahar Highway – Ms. McGrath stated this is a repeat request. The pool has been open for 8 to 10 years. They have multiple buildings with a small pool. They will have a lifeguard present from 12:00 p.m. to 8:00 p.m., however, are requesting to not have a lifeguard from 8:30 a.m. to 12:00 p.m. They have relatively high bather numbers. Motion By: Ms. Melchionda to approve the variance request for 400 John Mahar Highway Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Braintree Board of Health, May 14, 2020 Page 3 of 6 Request for Permit for Keeping of Animals: Kevin Rooney, 107 Lawnview Drive (5 chickens) – Kevin Rooney was present before the Board via Zoom. Ms. McGrath stated the coop would be 20 feet from the side property line and 10 feet from the rear property line. The owner proposes to keep five chickens and compost the manure. Mr. Rooney stated he has spoken to his neighbors and provided his phone number in case there are any issues. Ms. McGrath stated the regulations require that chickens cannot run loose and must stay on the property where they are permitted. Mr. Rooney stated he will have a small coop, 4 ft. x 4 ft., with an additional 4ft. extension, for a total of 32 sq. ft., with 14-guage carpentry mesh to keep rodents out. Ms. McGrath stated all abutters have been notified and she has not heard any objections to date. Amy Carey, Health Inspector, stated she will be mailing the permit to the applicant. Motion By: Dr. Nedelman to approve the permit for 107 Lawnview Drive Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Jill Norton, 1434 Liberty Street (5 chickens) – Jill Norton was present before the Board via Zoom. Ms. McGrath stated the property is located on the corner of Liberty Street and Old Liberty. The coop will be 25 ft. off the side property line, 25 ft. off the rear property line, and one foot from the shed. Ms. Norton stated this is a wooded area in the back of her property. She has one abutter who has been notified. She stated they will have a small coop, 3 ft. x 3ft., with a 10ft. x 8 ft. run with a fenced in area with hardware wire. They will compost the waste. Amy Carey stated the wooded area to the right of the property is conservation and Kelley Phalen from Conservation approved this as long as everything is maintained in a sanitary manner. Ms. McGrath read aloud the information provided by Ms. Phalen. Dr. Nedelman asked what would happen if an abutter objected to any application. Ms. McGrath stated staff would try to resolve it and if that was not successful the matter would have to come before the Board. Motion By: Dr. Nedelman to approve the permit for 1434 Liberty Street Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Marybeth Forbes, 209 Franklin Street (12 chickens) – Marybeth Forbes appeared before the Board via Zoom. Ms. McGrath stated this is a small backyard, with the majority of land in the front. They have received concerns from abutters regarding potential odors, noise, and rodents. She stated concern about the request to have 12 Braintree Board of Health, May 14, 2020 Page 4 of 6 chickens is valid given the size of the property. However, she is not concerned about the odor because the property is meticulously maintained. Marybeth Forbes stated the coop is going to be outside her office so it will be kept clean. She is going to have gravel with sand on it to make it easy to maintain. She stated she requested 12 chickens because it stated up to 12 on the application, but she does not feel the coop would handle more than 5 or 6 chickens. They are going to be digging six inches down into the ground to keep rodents out. They will be placing galvanized mesh on the run to keep out predators. Dr. Nedelman asked if the permit could be approved for a limited period of time. Ms. Forbes stated that would be difficult because they would then have to relocate the chickens and there is an extensive time commitment to start this process. Ms. McGrath stated there is an abutter participating in the meeting who has commented that the proposed coop will be outside their bedroom window. Ms. Melchionda asked if there is anywhere else on the property to locate the coop away from the abutter’s bedroom window. Ms. Forbes stated that the front of her property is on a busy street so it would not be an ideal location for the coop. In the back on the other side of the yard is a deck. Ms. McGrath read aloud the comments submitted by the abutters. She pointed out that the structure currently being built along the fence line is a flower bed, not the coop. The coop is not currently on the property. The proposed coop would be 10 ft. off the rear property line and 19 ft. off the side property line. Motion By: Ms. Melchionda to approve the permit for 5 chickens at 209 Franklin Street Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Taylor Knopp, 1261 Washington Street (8 chickens) – Taylor Knopp was present before the Board via Zoom. Ms. McGrath stated the proposed coop is 30 ft. from the left property line, 25 ft. from the right side of the “L” shape, and 135 ft. from the rear property line. The applicant plans to compost the waste. Taylor Knopp stated they have a half acre of land and he is building a 5 ft. x 6 ft. coop, enclosed with locked doors, and a 6 ft. x 12 ft. run with 19-guage hardware cloth and a predator apron. He stated he spoke with all his neighbors to make sure they did not have any concerns before he applied for the permit. Amy Carey stated the proposed location of the coop is in a fairly wooded area on his property and there is plenty of room. Motion By: Ms. Melchionda to approve the permit for 8 chickens at 1261 Washington St. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Braintree Board of Health, May 14, 2020 Page 5 of 6 Tom Whalen, 84 Oak Street (6 chickens) – Ms. McGrath stated it does not appear that Mr. Whalen is present on the meeting call. She left it to the discretion of the Board as to whether she should present the application on his behalf. The Board was in agreement to proceed. Ms. McGrath stated the property is located on the corner of Justin St. and Oak St. All abutters have been notified. The proposed coop is located to the right of the existing garage, 8 ft. from the garage, 6 ft. from the rear property line, and 20 ft. from the side property line. He is using the manure for composting for his garden. Amy Carey stated this is a unique chicken coop and is gorgeous. His garden is right next to the coop. The run for the chickens is not very big. She has no problems with this request. Motion By: Ms. Melchionda to approve the permit for 6 chickens at 84 Oak St. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Appointment of Special Agents to the Board of Health for COVID-19 Response: Ms. McGrath stated she needs reaffirmation of an action she previously took for the COVID-19 response. They needed additional assistance with orders put in place locally and through the Governor’s office to assist with compliance. This has been done with assistance of the police department as well as the local building inspector Russ Forsberg, Michael Halley, and Kristina Ziniti. She appointed Chief Mark Dubois and police officers, as well as Russ Forsberg and Kristina Ziniti as Special Agents to the Board of Health for enforcement of actions necessary during the state and local states of emergency for COVID-19. Dr. Bregoli stated he is fine with this as long as everyone uses common sense. Ms. McGrath stated the Mayor has made it clear that education is a key component and that is what they have been trying to do with the community. The first approach is a warning. The second approach is a written warning or ticket, and if the business does not comply a cease and desist is issued. She stated they have had to issue one cease and desist for refusing to close. She stated when the Governor issues the phased reopening plan businesses will be divided into sectors based on risk. All establishments will be required to establish a work safety plan. Dr. Nedelman asked if there are any plans for testing. Ms. McGrath stated not locally, though she has reached out to the stated because Simon Properties offered the use of the South Shore Plaza property early on but the state had found other locations more suitable. She stated that Manet Community Health in Quincy has offered testing for town employees if needed, as well as for employees of long-term care facilities. Ms. McGrath stated the public health nurses, as well as school nurses, have been amazing and have assisted with contact tracing on a daily basis. She stated the Mayor and his staff have been absolutely amazing and incredibly supportive. She stressed the town and all if its services are still in full operation. Braintree Board of Health, May 14, 2020 Page 6 of 6 Motion By: Ms. Melchionda to approve the appointment of all the special agents to assist with the COVID-19 pandemic. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes Next Meeting: June 11, 2020 Motion By: Dr. Nedelman to adjourn the meeting at 8:26 p.m. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Laurie Melchionda-yes