Minutes of Meeting
September 11, 2006
A meeting of the Sharon Board of Health was called to order on Monday, September 11, 2006, at 7:30 P.M., in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Elizabeth Barnett, Vice-Chair, Suzi Peck, Stan Rosen, and Jay Schwab. Jim Andrews, Health Agent for Engineering, was also present.
Mosquitoes
The Board discussed recent concerns regarding mosquitoes found in Canton and Mansfield positive for EEE. No mosquitoes have been found in Sharon positive for EEE to date to date this year.
VOTED: (Bingham/Peck) unanimously to issue a statement to the School Department, Recreation Department, press, etc., as follows:
"Due to concerns about mosquito-borne diseases it is the policy of the Sharon Board of Health that every participant in outdoor sporting activities from dusk on should be required to have applied adequate mosquito repellant with DEET. Additional repellant should be available at all practices and games. This policy shall remain in effect until there is a killing frost (generally mid-autumn). "
Minutes of 8/21/06
VOTED: (Barnett/Schwab) Peck abstained; Barnett, Schwab, Rosen, and Bingham voted to accept the minutes of the meeting of August 21, 2006.
Bedroom policy:
The Board reviewed the policy drafted by Linda Rosen. Suzi Peck noted that the BOH definition of a bedroom differs from assessors’ definition. Suzi Peck will work on another draft .
Discussion: Lyme Disease
Dr. Hartman, who had requested this discussion, did not attend the meeting. The Board discussed concerns about the exploding deer population, particularly as that relates to the increase reports of Lyme Disease. Anne Bingham stated that repeated public education is most important. The Board discussed recommending deer hunting. Jim Andrews stated that permission of the property owner is required for hunting on their land. He also noted that he knows of many qualified people who have been bow-hunting for a long time. Jay Schwab felt that an organized hunt would not eradicate a significant number of deer.
Sheila Miller stated that people need to take responsibility for themselves, e.g., taking proper precautions as the Health Department has publicized, i.e., wear DEET, do tick checks, long sleeves and pants...particularly after dusk. Physicians are more aware of Lyme Disease and are diagnosing it more often. Labwork must be done and reported to the state.
VOTED: (Bingham/Rosen) unanimously to recommend to the Board of Selectmen that they consider encouraging deerhunting (by bow and arrow) on private and public lands in order to reduce the deer population...as part of a comprehensive program of vector borne disease management, including additional public education. Sheila Miller noted that she will have some nursing students working with her this fall; they could help with the educational program.
Hearing: animal complaint re 39 Ames St.:
Ed Little, Animal Inspector, was present, in addition to applicants Roselyn Farren and Steven Greenwood, regarding their recently granted permit for 5 chickens at 39 Ames. St.
It was noted that “Special permission of the BOH”(as in the Animal Regulations) has historically been handled by a clearly implicit policy of deferring to the judgment of the Animal Inspector, allowing him to interpret and apply the regulations. The Board discussed (for the future) listing special permission which may be determined by the Animal Inspector...and which should go directly to the BOH; as has been done for the Health Agent for Engineering.
Ed Little reviewed the history of the development of the animal regulations in 1969. He stated that the applicant applied for the permit for the chickens as “pets”, not for a commercial establishment. He stated that he sees absolutely nothing wrong with issuing the permit; that he does not see it as a health or odor concern. He envisions no smell from 5 chickens provided they’re kept clean. No rooster is allowed, so there should not be a lot of noise. He does not anticipate additional wildlife coming onto the property since, for 5 chickens, there won’t be the magnitude of feed to attract them. He further stated that probably >80% of the existing permits do not comply to the letter of the law. He referred to a couple of similar type permits in similar
neighborhoods, about which there have been no complaints.
Information was presented regarding the application process, which was properly followed by the applicants. The applicants provided pictures and information on the now built chicken coop.
Abutters from #37 and #41 Ames Street expressed concerns about attracting more wildlife; about odors; and about noise. David Kaye of #41 Ames St. stated concerns, as well, about possible destruction from dogs if they jumped over the fence into the chicken coop. Avian flu concerns were noted.
Anne Bingham noted that she senses from the applicants that they intend to keep the chicken coop appropriately so as not to bother neighbors.
Comments were made by other residents. Several noted that they are certain the applicants will keep a proper chicken coop. Another resident stated that his children are quite excited about the chickens. Mr. Kaye stated that the location of the chicken coop is unacceptable to him. Ms. Farren reviewed that she did her due diligence in the application process.
The resident of #37 Ames St. stated that it is not her wish to attach or discredit her neighbors; but that she feels the properties are too small to have this type of animal; she doesn’t want to live near chickens.
The applicant noted that the chicks have been in the dining room for 5 weeks; treated like pets; they could have 5 cats without a permit.
Anne Bingham suggested that the coop be moved further back on the property..and more towards the middle of the property. Ed Little suggested that he would would like to mediate with all 3 neighbors regarding the placement of the coop.
Suzi Peck suggested that, since the chicks haven’t yet been outside, the Board might use a “wait and see” policy; that if there is a verifiable problem the BOH can address the issue again. She stated she didn’t hear any real room for compromise.
Jay Schwab suggested that, in the future, the Board will not issue any new permits unless abutters are informed and a hearing is held. He repeated that the applicants went through the proper process. Stan Rosen suggested allowing the permit to continue, with the November 15th expiration date; if there are verifiable issues then a hearing will be held. History dictates in spirit of reg. He noted this is truly an unfortunate situation; that the animal inspector, as the agent of the BOH, historically has granted special permits. He expressed hope that the neighbors an coexist; stated that is is impossible to keep everyone happy.
Elizabeth Barnett agreed that the process was carried out appropriately and the permit should not be voided. She listened to the discussion about moving the coop...but didn’t see a spirit of compromise. Suzi Peck asked: since there is a foundation for the coop, can the chicken run be reoriented, but the coop remain as is.
VOTED: (Bingham/Peck) unanimously to modify the permit granted July 18, 2006, to require that the open area “chicken run” be moved as far as possible to the center of the property and back. If there are documented and substantive problems, the owner may be required to move the coop. The chicken run must be moved, weather permitting, by September 20th, 2006.
The meeting was adjourned at 9:55 P.M.
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