HomeMy Public PortalAboutNov 10 BOH MinutesBOARD OF HEALTH MEETING
November 29, 2010
Philip Pane Room, Administration Building
CALL TO ORDER: Dr. John Straus called the meeting to order at 7:35 PM.
PRESENT: Dr. John Straus, Dr. Barbara Beck, Steven Ward, Karen O'Reilly and
Mary Giorgio, Esq.
Minute Review: The Board of Health reviewed the minutes of the October 20, 2010
meeting. Dr. Barbara Beck made a motion to accept the minutes of the October 20, 2010
meeting. Dr. John Straus stepped down as Chair to second the motion. All were in favor.
198 Summer Street: Steven Ward presented a brief chronology of the history of 198
Summer Street to the Board of Health. John Cimino spoke on behalf of his parents who
reside at the abutting property located at 190 Summer Street. Mr. Cimino stated the he
believes the value of his parents property is being compromised by the number of rabbits
and chickens at 198 Summer Street and that the odor from the chickens and the rabbits is
not a healthy environment for his parents. Mr. Cimino further stated that he believes his
parents would not be able to rent their property as a result of the negative impact of
having numerous chickens and rabbits next door.
Attorney Stephen Winnick addressed the Board and presented his case. Mr. Winnick
questioned the relevance of the Watertown animal keeping regulation and its application
by health department staff when the Town of Belmont's regulation has allowed numerous
chicken coops within the borders of that town. Dr. Straus stated that Watertown Board of
Health went through a public hearing process regarding the adoption of the Watertown
keeping of animals regulation and that the Watertown regulation was crafted after
surveying the animals keeping regulations from various municipalities. Dr. Straus further
stated that the installation of the room in the garage, including the reduction in the
number of rabbits to 8, would allow the Board of Health to consider a variance petition
by the McKenzie's to seek relief from property line offsets that are currently not able to
Board of Health
Minutes November 29, 2010
be met. Mr. Winnick questioned the scientific validity of the nuisance odor condition
noted at the property. Mr. Ward stated that on 3 separate occasions members of the
Watertown Health Department staff have verified the presence of animal waste odors
emanating from 198 Summer Street. Mr. Ward further stated that the mere presence of
an offensive odor is enough to constitute a public health nuisance violation.
Dr. Beck answered a question from the audience relating to the process of making
decisions outside of the Board of Health meeting forum. Dr. Beck stated that all
deliberations and decisions are made in concert with the Open Meeting Law requirements
and that the Board of Health entertains recommendations from the health department staff
as a matter of policy.
Other individuals from the public gave testimony in support of 198 Summer Street
including Marilyn Petitto Devaney. Ms. Petitto Devaney spoke to the need for the Board
of Health to be reasonable in the application of their regulations and the McKenzie's have
provided a valuable service to the children of the community for years.
After hearing the testimony presented, reviewing the fmdings of the Health Department,
and after much discussion thereof, Dr. Barbara Beck made a motion to sustain the order
letter dated May 11, 2010 and August 13, 2010 with the following time modification: all
chickens must be removed within 14 days of this hearing or by December 15, 2010
subject to the submission of an amended application. The McKenzie's must submit an
amended application that limits the number of proposed animals to be kept on the
property to 8 rabbits. The amended application must also reflect that all chickens and
chicken manure have been removed from the property. In addition, the amended
application must clearly identify all violations in which variance relief is sought. A
viable public health rationale must accompany each variance request. A complete
amended application packet must be submitted to the Board of Health no later than
December 8, 2010. The amended application will be heard at the January 19, 2011 Board
of Health meeting. Dr. Straus stepped down as Chair to second the motion. All were in
favor.
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Board of Health
Minutes November 29, 2010
District 2 Update -- Hazardous Material: Steven Ward requested that this matter be
postponed to a later date so that Mark Waksmonski could be available to answer
questions about the hazardous material DVD and the hazardous material program. It was
the consensus of the Board of Health to hold this agenda item for a future Board of
Health meeting.
Next Meeting Date: December 15, 2010.
Adjourn: 10:05 PM
Minutes: Submitted by Steven J. Ward, Director of Public Health
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