Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, October 13, 2022, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Juliana 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; Ms. Melchionda-yes Approval of Meeting Minutes: September 15, 2022 Motion By: Dr. Nedelman to approve the minutes of September 15, 2022 Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Old Business: Request for Animal Permit (Chickens), Continued from September 15, 2022 Wei Song, 9 Fairmount Avenue Ryan Song, representing Wei Song (owner), was present before the Board via Zoom. Ms. McGrath stated that this matter was tabled at the September 15 meeting so that several matters could be addressed. The chicken coop was to be moved so it is at least 10 feet from the rear property line, the run to the coop had to be fully enclosed, and there had to be verification that the notices to the abutters were received. Since that time the chicken coop has been moved and the run has been completely enclosed. The abutter notifications have been received, with the exception of one that they are still attempting to deliver. Two direct abutters have sent letters. Margaret Phillips, 15 Fairmount Avenue, expressed concern about the potential for rodents if the chicken feed is not stored properly. Robert Campbell, 185 Hayward Street, indicated he is strongly opposed to building a chicken coop at this location. Ryan Song stated he has not discussed this matter with Mr. Campbell. Ms. McGrath stated the neighbor, Ms. Phillips, has discussed her concerns about the feed with Mr. Song and recommended using a metal trash can with a metal lid, which Mr. Song indicated he has purchased. Braintree Board of Health, October 13, 2022 Page 2 of 4 Dr. Nedelman stated whenever a neighbor opposes an application for the keep of chickens he will vote against the application. He encouraged the neighbors to discuss their concerns with the applicant and if their differences can be resolved the applicant may reapply for the permit. Ms. McGrath reminded the Board that the applicant already has chickens on the property. Ms. Melchionda indicated she is in agreement with denying this application due to the neighbor’s concerns. Motion By: Dr. Nedelman to reject the application. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Ms. McGrath advised Mr. Song that the permit has been denied and the chickens and coop will have to be removed from the property. She encouraged the applicant to reach out to his neighbor to see if his concerns can be addressed and she will keep his application in pending status. New Business: Request for Hearing (Housing Order), 309 Washington Street Liam Fleming (owner), and Kimberly Duffy (Tenant), were present before the Board via Zoom. Ms. McGrath stated that Inspector Dana Logan of the Health Department conducted an inspection of this property on September 21, 2022, based on a complaint of rodent activity on the property. She did find evidence of rodent activity in the form of rodent burrows. She informed the property owner on September 21, 2022, of her findings. The property owner has requested this hearing as he is in disagreement with the order, which requests that he have the property treated by a pest control company. Ms. McGrath requested that the order be upheld. Kimberly Duffy stated she has lived at this property for approximately 20 years. She noted a rodent infestation in September of 2019 and made Mr. Fleming aware. At the time there was evidence of rodents but not a massive infestation. In January of 2021 it became worse and she notified the Board of Health. An inspector, Robin Magner, came to the property and provided a good explanation of why there may be rats on the property. She has an attic space in her unit and recently had to throw away everything due to nesting. There has also been nesting in her car. She stated until this time she has had an excellent relationship with her landlord, but now is being evicted because she spoke up. She stated he did not do anything about this problem. He put two rodent traps out last week, after 17 months of problems. She stated exterminators would not do work for her as she was not the owner of the property. Braintree Board of Health, October 13, 2022 Page 3 of 4 Liam Fleming addressed the Board. He stated he agrees there is an infestation of rats, but it started from a dumpster on an adjoining property 6 feet from his property. He stated he is being blamed for a problem that started on another property at 301 Washington Street. The Board of Health has been to that property and met with Mrs. Cleary and discussed the options to resolve this. Mrs. Cleary has been setting traps since February of 2021. He stated when he contacted the Board of Health they had no record of the problem at 301 Washington Street. He informed the Board that he has hired a pest control company and they have set traps. Ms. McGrath asked Mr. Fleming to provide information that he has taken corrective action so they can attach it to the order. She stated that the inspector that may have inspected 301 Washington Street is no longer with the department and although an inspection may have been done, there is no documentation available. Ms. Duffy stated that it is irrelevant how the rodents got onto the property, this has been an ongoing issue for seventeen months. Mr. Fleming stated he does not dispute the burrows on the property. He has no problem taking care of the rats and paying to do so. His concern is that this did not originate on his property and he is bearing the blame. He is concerned that having a citation on his record makes him look bad as a property owner and landlord. He stated the infestation is not because of anything he did, but what the neighbor did. He stated he will address the infestation but does not feel the citation is warranted. Ms. McGrath stated there were burrows found on his property that indicate rodent activity. At no time did they say there is an infestation on the property. Dr. Nedelman recommended that Mr. Fleming file a complaint about his neighbor’s property if he feels that they have rodent activity at that location and the Board will do an inspection. Mr. Fleming requested that this hearing be continued so he can provide proof that the problem in the abutting property has been ongoing since January of 2021 and perhaps the Board could rescind his citation at that time. Motion By: Ms. Melchionda to uphold the order as written. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Informational: Ms. McGrath advised that the seasonal flu clinic will be held on Sunday, October 16, 2022 from 9:00 a.m. to 1:00 p.m. This will be held at town hall and is for residents 18 years of age or older. Braintree Board of Health, October 13, 2022 Page 4 of 4 Ms. McGrath advised that COVID-19 bivalent booster vaccinations are being offered by appointment. They have been administering this at senior housing complexes to those who wish to receive the booster. Next Meeting: November 17, 2022 Motion By: Dr. Nedelman to adjourn the meeting at 7:44 p.m. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes