Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, June 11, 2020, 7:00 p.m. IN ATTENDANCE: Dr. Philip Nedelman, Vice Chairman Laurie Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Amy Carey, Health Code Enforcement Officer NOT PRESENT: Dr. Arthur Bregoli, Chairman Dr. Nedelman called the meeting to order at 7:00 p.m. by roll call vote: Dr.Nedelman-yes; Laurie Melchionda-yes Marybeth McGrath provided brief instructions on how to conduct a Zoom meeting. Approval of Meeting Minutes: May 14, 2020 Motion By: Ms. Melchionda to approve the meeting minutes of May 14, 2020. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes List of Complaints: The board reviewed a list of complaints received from May 11-June 5, 2020. Dr. Nedelman expressed concern with the complaint regarding Cielo’s Restaurant. Marybeth McGrath stated that she received a complaint through the DEP regarding dumping of mop water into the stream behind the restaurant. When staff went there to investigate there was no evidence of that occurring and the restaurant staff indicated that was not happening. New Business: Request for Permit for Keeping of Animals William Duncan, 63 Helen Road (4 chickens) – William Duncan was present before the Board via Zoom. Ms. McGrath stated the direct abutters to this property have been notified. The proposed coop will be located to the left of a tree, 10 feet from the rear property line and 25 feet from each side property line. One abutter has expressed concerns about noise, the attraction of wildlife and rodents, as well as how the compost is Braintree Board of Health, June 11, 2020 Page 2 of 5 going to be maintained. Mr. Duncan stated his family is aware that the coop has to be kept clean to avoid rodents. The coop is protected with chicken wire underneath and around it and will be cleaned on a daily basis. He indicated they will not be composting the manure, it will be disposed of. Ms. Melchionda recommended clipping the chickens wings and ensuring the trash lid is always tight to prevent odor. Amy Carey recommended putting lime on top of the manure in the trash to prevent odor. Mr. Duncan stated they plan on having a separate barrel for the manure. Ms. Carey asked that an email be sent to her when they have possession of the chickens so she can conduct an onsite inspection. Motion By: Ms. Melchionda to approve the permit for 4 chickens at 63 Helen Road Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Ms. McGrath informed Mr. Duncan that the permit will be good for one year at which time it will have to be renewed and that the town will conduct periodic inspections. Ms. Carey reminded all applicants they must go online and pay the permit fee before a permit can be issued. Victor Agostinho, 54 Saint Lawrence Street (12 chickens) – Victor and Cassandra Agostinho were present before the Board via Zoom. Ms. McGrath asked that the applicant consider reducing the amount of chickens requested, as 12 would be too many for the size of the property. Amy Carey stated the applicant was given the chickens by his neighbor and was not aware he needed a permit. There have been no complaints from the abutters. Ms. McGrath suggested since they already have 12 chickens that if the number reduces not to replace them, eventually getting to a maximum of 6 chickens. Ms. Agostinho stated the chicken coop is plywood with metal posts, with a fenced in run. At night the chickens are kept in the coop and no animals have access. She stated the waste is composted with their yard waste and brought to the Braintree composting site. Motion By: Ms. Melchionda to approve the permit for 54 Saint Lawrence Street for 12 chickens, with the condition that as the chickens pass away the number eventually be reduced to a maximum of 6 chickens. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Rachel Horak, 7 Burton Road (3 chickens) – Rachel Horak was present before the Board via Zoom. She stated they currently have 2 baby chickens and would like to get one more. All direct abutters have been notified. Ms. McGrath stated the proposed coop will Braintree Board of Health, June 11, 2020 Page 3 of 5 be located in the rear corner of the property, 10 feet from the rear property and 10 feet from the side property line. Ms. Horak stated they purchased a prefabricated chicken coop which can hold up to five chickens. She stated they currently do not have a run, but do let the chickens out only when they are supervised. Ms. McGrath stated the chickens can be free on their property only if it is fenced, however, they cannot leave the property. She stated they may need to clip the chickens wings when they are large enough to fly. Ms. Melchionda asked what will be done with the waste. Ms. Horak stated she is an avid gardener and will be composting the waste. Motion By: Ms. Melchionda to approve the permit for 3 chickens at 7 Burton Road Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Ryan Daniels, 64 Tremont Street (5 chickens) – Ryan Daniels was present before the Board via Zoom. He stated he is requesting a permit for five chickens. All five abutters have been notified. Ms. McGrath stated she has not heard back from any of the abutters. She stated the proposed coop would be located to the left of the garage, greater than 25 feet from the side and rear property lines. Mr. Daniels stated the coop is made of cedar wood. He is going to purchase a run which will be fully enclosed. Ms. McGrath recommended that when the run is installed that the fencing be dug into the ground to prevent wildlife from getting in. He stated he is an avid gardener and will use the manure for compost. Motion By: Ms. Melchionda to approve the permit for 5 chickens at 64 Tremont Street Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Denny Ching, 227 Cain Avenue (12 chickens) – Christine Phan was present before the Board via Zoom. Ms. McGrath expressed concern with the request for 12 chickens on the property. Ms. Phan stated they currently have 11 baby chickens and their property is quite large and is fenced in. She stated they will be ordering a premade coop with a run with chicken wire. She stated they will be composting the waste. Ms. McGrath recommended that as the number of chickens diminishes that the number be a maximum of six chickens. Motion By: Ms. Melchionda to approve the permit for 11 chickens at 227 Cain Avenue with the condition that as the chickens pass that the maximum be six chickens. Braintree Board of Health, June 11, 2020 Page 4 of 5 Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Effie Iorio, 37 Del’s Way (6 chickens) – Effie Iorio was present before the Board via Zoom. Ms. McGrath stated all the abutters have been notified. Ms. Iorio stated the property is not fenced, but she will be fencing in the coop itself. Ms. McGrath stated there was an abutter who expressed concern, but she has not been contacted by that individual. Ms. Melchionda recommended the applicant consider getting a fence for her property to prevent the chickens from getting out or predators getting in. Ms. Iorio stated she will look into fencing. Dr. Nedelman expressed concern with the issues raised by an abutter regarding rodents. Ms. Iorio stated she would put a fence around the coop and ensure rodents cannot get inside, will keep the coop clean and set traps if necessary. Amy Carey stated Del’s Way is the site of a former chicken farm and there were never any problems at the site. She stated she thinks a fence is a good idea. Ms. Melchionda recommended continuing this discussion until the applicant has installed the proposed fencing for the coop or provides a fencing plan to the Board. Motion By: Ms. Melchionda to continue the agenda item to a future meeting so applicant can provide fencing plan for chickens and coop on property. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Request for Variance of Well Regulation: Ms. McGrath indicated that the applicants are not present for the meeting. Amy Carey stated the well driller is out of Tewksbury. She has visited all the properties and the only concern she had was 21 Jensen Farm Road because of the location of the well. Stella Fidler, 81 Messina Woods Drive – Marybeth McGrath stated the applicant is able to maintain 10 feet from the dwelling, greater than 55 feet to the side property line, but only 20 feet to the roadway, where 100 feet is required. Ms. Carey stated because the property has a fence the drilling rig cannot access the property to get the required 100 feet. Ms. McGrath stated she has no concerns with the proposed location and they have not received any concerns from the direct abutters. Motion By: Ms. Melchionda to approve the variance for 81 Messina Woods Drive Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Braintree Board of Health, June 11, 2020 Page 5 of 5 Qi Li Tan, 21 Jensen Farm Road – Ms. McGrath stated the proposed well is located to the side of the property. It would be located 23 feet from the side property line, over 25 feet to the rear property line, however, the setback to the roadway is not the required 100 feet. Ms. McGrath and Ms. Carey stated they have no concerns with the proposed location. Motion By: Ms. Melchionda to approve the variance for 21 Jensen Farm Road Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Abu Zafar, 80 Jensen Farm Road – Ms. McGrath stated the proposed well is 73 feet from the roadway and 11 feet to the side property line. She stated she has no concerns with the proposed location. Motion By: Ms. Melchionda to approve the variance for 80 Jensen Farm Road Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes Informational: Marybeth McGrath updated the Board on the town’s COVID-19 response. The numbers have been decreasing, though there was a recent increase that they are monitoring. They are actively involved in the Phase 2 opening which began on June 8. The establishments have to have a written plan in place, however, they do not have to submit it to the town. Amy Carey stated they town may have to provide a template to some of the establishments where there is a language barrier. Ms. McGrath explained what is required for retail establishments and the South Shore Plaza. Ms. Melchionda asked if there is a plan for the public health nurses to follow families in the schools. Ms. McGrath stated they have discussed this, but have not received much guidance from the state at this time regarding the schools. Next Meeting: To Be Determined Motion By: Ms. Melchionda to adjourn the meeting at 8:05 p.m. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Nedelman-yes; Laurie Melchionda-yes