Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, July 9, 2020, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman 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 Dr. Bregoli spoke about the passing of Board member Laurie Melchionda and her commitment to the Town and Board of Health. A moment of silence was observed. Approval of Meeting Minutes: June 11, 2020 Motion By: Dr. Nedelman to approve the meeting minutes of June 11, 2020. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes List of Complaints: The board reviewed a list of complaints received from June 8-July 3, 2020. Old Business: Request for Permit for Keeping of Animals Effie Iorio, 37 Del’s Way (6 chickens) – Effie Iorio was present before the Board via Zoom. Ms. McGrath stated this item was tabled at the previous meeting as the Board wanted to ensure there was more protection for the chickens so they would not be running loose and to consider providing fencing around the coop area. Photos have been submitted showing fencing completing surrounding the coop area. Ms. Iorio stated she will clip the chicken’s wings to ensure they do not get into her neighbor’s yard. She sent certified letters to both neighbors and she has the receipts. Dr. Nedelman asked if Ms. Iorio’s neighbor has given her approval for the chickens. Ms. Iorio indicated she has not heard from her neighbor, but did get the receipt for the letter. Braintree Board of Health, July 9, 2020 Page 2 of 4 Ms. McGrath stated the neighbor’s previous concerns were that the chickens would get into her yard, but now the coop is completely enclosed, top and bottom. Ms. Iorio stated she will keep the coop clean. She expressed concern that her property was previously a chicken farm and the only problem they had with rodents was when things were being built, and the neighbor had no concerns at that time. Ms. McGrath stated the coop will be inspected and the permit will have to be renewed each year. Dr. Nedelman requested that Ms. McGrath contact the neighbor in question to ensure that her concerns have been addressed. Motion By: Dr. Nedelman to approve the permit for 6 chickens at 37 Del’s Way, conditional upon neighbor’s agreement. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes New Business: Request for Permit for Keeping of Animals: Beth Brown, 10 Wayne Avenue – Beth Brown was present before the Board via Zoom. Ms. McGrath stated Ms. Brown is requesting a permit for up to 6 chickens. All abutters have been notified. A plot plan has been provided. The coop will be to the left of the house. The yard is fenced in with a 6 foot fence. The coop run is 6 feet x 8 feet. It is 10 feet from the property line and there is a stream in the back. Ms. Brown stated the cleaning of the coop will not be pushed over the fence so it will not get into the stream and she does not foresee runoff from rain. She indicated coop fencing is in the ground, with crushed stone on top so wildlife cannot get in, and she will be composting the manure. Motion By: Dr. Nedelman to approve the permit for 6 chickens at 10 Wayne Avenue. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes Irene Barone, 55 Tremont Street – Irene Barone was not present before the Board. Present via Zoom was neighbor Marilyn Pastor. Ms. McGrath stated the applicant is requesting a permit for the keeping of 8 chickens. The application stated 8 chickens, but the letter indicated 6, so she recommends the Board use 6 if approving the request. All abutters have been notified. A plot plan was provided indicating the coop will be 10 feet from the rear of the house. Braintree Board of Health, July 9, 2020 Page 3 of 4 Marilyn Pastor stated she sent a letter and when it was sent the applicant had 16 chickens in her yard and the coop was close to their fence. The inspector, Amy Carey, informed her that the applicant did not have a permit for the chickens. Since that time the coop has been moved. She expressed concern about their health, rats, odor, and dust. She stated they have allergies and are disappointed that Ms. Barone has not contacted them. She would like there to be a run for the chickens so they do not roam the whole yard. Ms. McGrath stated the regulations require that chickens do not roam off of the property, but there is no regulation prohibiting them from being loose on their own property. Ms. Pastor expressed concern with potential respiratory disease from the dust from chicken waste. She stated they need reassurance that all recommendations of the Board will be followed. She stated they would feel more comfortable if the chickens are kept in a run. Motion By: Dr. Nedelman to approve the permit for 6 chickens at 55 Tremont Street, conditional upon: 1. Chickens not allowed within 10 feet to the rear property 2. Chicken coop stays in current location behind the house 3. Chicken coop run fencing will be buried in the ground 4. Chickens wings must be clipped when old enough Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes Request for Variance of Well Regulation: Mark O’Brien, 90 Albee Drive – Mark O’Brien was present before the Board via Zoom. Ms. McGrath stated that Mr. O’Brien is requesting a permit for installation of an irrigation well. He meets all setbacks except the roadway. The proposed well is 60 feet from the roadway. Mr. O’Brien stated the drilling rig cannot go into the back yard, which is why it must be located in the front yard. Ms. McGrath stated all abutters have been notified and she has not heard any response for or against. An inspection has been done of the property and they have no objection to this request. Motion By: Dr. Nedelman to approve the permit for 90 Albee Drive Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes Janis Shakr, 50 Thetford Avenue - Ms. Shakr was not present before the Board. Ms. McGrath stated Ms. Shakr is requesting a permit for an irrigation well. All abutters have been notified and she has not heard any response for or against. They meet all setback requirements, except the roadway, which will be 30 feet, due to drilling Braintree Board of Health, July 9, 2020 Page 4 of 4 equipment not being able to access the rear of the property. She stated she has no concerns with the request and recommends the Board approve. Motion By: Dr. Nedelman to approve the permit for 50 Thetford Avenue Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes Request for Variance of Lifeguard Provision: Reservoir Crossing, 614 Pond Street Ms. McGrath stated this is a renewal request. They have a semipublic swimming pool which has not opened for the season. They are still trying to determine whether they will open due to COVID-19 restrictions. They will provide a lifeguard on Saturday, Sunday and holidays, but are requesting a variance for weekdays, where they have a low bather load. Motion By: Dr. Nedelman to approve the variance for 614 Pond Street Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes Informational: Ms. McGrath stated to date they have 697 confirmed cases of COVID-19 in the Town. They have had a definite decrease and hope this continues. They have started beach testing and will continue to do so throughout the summer. They closed Smith Beach last week because the bacterial count was too high, but it came back good today. Next Meeting: August 13, 2020 Motion By: Dr. Nedelman to adjourn the meeting at 7:45 p.m. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Nedelman-yes; Dr. Bregoli-yes