Loading...
HomeMy WebLinkAboutMiscellaneous - 24 RUSSETT LANE 4/30/2018 (2)0 V, L41 -S 24 Russett Lane North Andover, MA 01845 June 19, 1990 Dear Ms. Foley: As we discussed earlier today by telephone, I am writing concerning a serious fly infestation around and in our house. This problem was reported to you and investigated by you about one month ago; the problem is, incredibly, far more severe at present. We have literally thousands of flies hovering around our house in giant swarms. Each time a door is opened, flies rush in. These flies constitute a serious nuisance and a health problem to us and our children, as well as the contractors who are working in and around our house on a new addition. Indeed, the fly infestation is so bad that it is difficult for employees of the contractors to enter certain areas of the contruction to undertake work. You indicated that the source of the flies is located in Boxford; the Boxford health inspector said that the source is a wet area located at the foot of our street in North Andover. The fact remains that our house is located entirely within North Andover, and the problem is a serious one which needs to be addressed immediately. I look forward to hearing from you promptly as to what action will be taken to deal with this problem. Thank you for your assistance in this matter. 6244] Sincerely, OJames H. Simon Ell Ell WMA l� W r/ • NUTTER, McCLENNEN & FISH, LLP ATTORNEYS AT LAW ONE INTERNATIONAL PLACE BOSTON, MASSACHUSETTS 02110-2699 TELEPHONE: 617 439-2000 FACSIMILE: 617 973-9748 CAPE COD OFFICE DIRECT DIAL NUMBER HYANNIS, MASSACHUSETTS (617) 439-2878 j:' 'fir March 23, 1998 Board of Health 30 School Street North Andover, MA 01845 Dear Sir/Madam: You may recall that we have complained in the past about flies coming from the chicken farm behind our house at 24 Russett Lane. The flies make spring and summer here most unpleasant. I would like to call to your attention the enclosed article in the Wall Street Journal, in case you missed it. Please note in particular the highlighted portions on the second page. We ask that prompt and early action be taken this season to control this unpleasant and unhealthy problem. Thank you in advance for your assistance. Sincerely, cl'^' James H. Simon JHS/cm2 attach. 442764_1.WP6 Continued From First Page those who lay — "so maybe they're scared," he says. Some locals concerned about the envi- ronment say the operation, by producing large amounts of manure and waste water, will . disrupt the ecosystem of Highgate (pop. 3,214). But the dozen or so households within two miles of the egg farm on Tarte Road have a more immediate concern. Each day, chicken manure is swept up and piled in the cellar of the building. Chicken manure's high nitrogen and hydrogen con- tent creates pungent ammonia gases, neighbors say, and 36 large turbo fans circular the gases through the egg farm. This is meant to keep the fumes from being overwhelming inside the farm, but neigh- bors say it also results in malodorous waves of wind across surrounding fields. Last month, the Vermont Agriculture Department fined the egg farm $4,000 for ' failing to adequately mix 491 tons of the 4 stuff into the soil in a recycling effort, thus creating an environmental hazard. (The egg farm is appealing the fine.) Mr. Graves says he believes the stench issue is overstated. He concedes the am- monia content is high, but the gases quickly dissipate in the open air. "You can be a few feet from the farm and not know one chicken is in there," he says. New This Year Whatever the extent of the odor prob- lem, the fly flap has proved to be much stickier: Several Highgaters, including dairy farmer Lori Choiniere, complained of a rising fly population earlier this year. The egg farm said they might actually be cow flies. Mrs. Choiniere, citing the evi- dence she has collected on flypaper in her kitchen, says the only difference between this year and last year is the egg farm. "A dairy farm keeps its own flies, but a chicken farm blows them out with their fans," she says. - Serge Poulin, the egg farm's manager, says his flies couldn't have traveled where his critics claim. "The predominant winds are that way," he says, pointing with one arm. "But the people complaining live that way," he says pointing in the opposite direction toward Mrs. Choiniere's patch with the other arm. "For sure, flies cannot fly much against the predominant winds." Mr. Graves, the agriculture commis- sioner, cites another possible reason for the fly frenzy. In an effort to prevent rains and melting snow from running cow ma- nure off frozen fields, he says, a new law prevented farmers this year from spread- ing the waste before April 15. The heavy use of manure after that date could have lured the flies during breeding season. Mrs. Choiniere scoffs at the suggestion. "Our manure is still half frozen in April," she says, "but their manure is warm year-round." Ultimately, the state entomologist, Jon Turmel, was dispatched to look into the manure at the chicken farm and at one nearby dairy farm. The chicken waste "was gurgling with maggots," Mr. Turmel says. He concluded that the dairy farm maggots couldn't have produced either the numbers or the type of adult flies found there. He guesses that those flies came from the egg farm. Whence the Flies? In August, about a dozen state law- makers toured the egg facility as 20 pro- testers marched outside. (One carried a sign that read: "No More Chickens, No More Flies, No More Breton With His Dirty Lies!") Vincent Illuzzi, who serves on the Senate agriculture committee, agreed that the odor was unpleasant, but he detected few flies. "The neighbors said the egg farm had let all the flies out" by opening its door before the visit, Mr. Illuzzi says. "But I don't think you can hide flies. Where can you put them?" • The egg farm has adopted a fly -man- agement program. It includes stringing electric wires near the cages to fry the pests and importing predatory flies from a New Jersey company that breeds them. Known as Ophyra, the black, shiny insects, which feed on maggots, were dumped in the chicken manure last month. ZOO But John Tremblay, a Highgate diesel mechanic, says he has had enough. He says he and his wife and four children are moving to New Hampshire because of the egg farm. "They want to talk about manure being an asset," egg -farm opponent Patty Britch says. "But it's not an asset. It's the people who are the assets, and the assets are leaving." �f WALL STREET JOURNAL, NOVEMBER 13, 1997 A Chicken Farm Is Raising a Big Stink In Tiny Highgate, Vt. It's Not Just the Manure— Two Million Pounds of It; It's All Those Pesky Flies By JAMES S. HIRSCH Staff Reporter of TRE WALL STREET JOURNAL HIGHGATE, Vt. — Small mushy lagoons hold the odoriferous byproduct of numer- ous dairy farms in this speck of a town near the Canadian border. Diesel fumes spew out of rumbling grain trucks. A dead skunk lies on a lonely two-lane highway. But what really smells, some residents say, is something new to these parts: a huge egg farm that is home to 100,000 chickens. The birds generate two million pounds of manure each year, and nearby dairy farmers say the chickens pollute the air and attract armies of flies. The egg - farm operators say cows are worse. But for now, the dairy farmers appear to have the upper hand — drawing the interest of state lawmakers and regulators looking askance at the egg farm's planned expansion. Blowing in the Wind It is, Vermonters say, a rural twist on the not -in -my -backyard phenomenon well known to cities and suburbs looking for a place to build, say, a prison or a dump. People here are accustomed to farms—but not giant factory -farms that measure their waste in tons. They and their new neighbor have joined in a strange debate about where flies come from, what animal leav- ings smell worse and which way the wind blows. Chicken manure is more offensive than bovine smells — "not a tearing smell" but "a get -you -in -your -throat kind of smell," says Alan Chadwick, who lives on a hilly dairy farm overlooking the blue -roofed egg farm. "It's particularly strong on a hot night or damp night when the clouds are low." Serge Breton, the ovum entrepreneur from Quebec who owns the egg farm, notes dairy farmers keep thick cow manure in pits until it is spread on adjacent fields. By contrast, the egg farm's large fans reduce the moisture of his chickens' stuff. "Our manure is dry," he says proudly. "There is no smell." "I've been to the chicken farm, and it does stink," says Sgt. Ralph Chilton of the Vermont State Police Department, who is eager to be evenhanded. "But the other side of the coin is that the cow manure also stinks." Mr. Breton's facility, built last year; is known as the Vermont Egg Farm. It would attract little notice in other states that have million -chicken farms. But the Ver- mont operation, a 500 -foot -long white con- crete structure planted in the middle of a cornfield, is a far cry from the dusty chicken coops that are to be found else- where in this state. From dust to Lust Inside the egg farm, long rows of wire cages are stacked four deep beneath fluo- rescent lights. Five serried hens stand in each cage as computers monitor grain and water consumption. Eggs are ferried away from the cages on a conveyor belt. As many as 95,000 are laid in a day. After a year, the hens are sent off to be slaugh- tered, and a new flock arrives. The egg farm wants to expand to five buildings and 700,000 chickens, but Leon Graves, the state agriculture commis- sioner, says he won't issue a permit until the egg farm gets its flies under control. Mr. Breton says some of his critics wanted to buy the land he procured for the farm, and they resent that he has brought a sophisticated agribusiness to Vermont. "They don't understand layers" — as in Please Turn to Page A14, Column 3 moi' N 1-3 �czn dz � o H roro �dt1i z ro ro z r� t1i � t� CA En H H .. � 0 to 1-3 Z z z x y ►rc> � H ro > w � 0 •' y w (A (A z0 t7i z ro 0 x H (7 x r7l z ro °z ° 0 r°� z m t1i tti x •• rn H N O oo tx] > v kD •• N UI O J J 1 P W kD N 00 J 03 moi' 19X7 -6 A-)--- n v° oz d o wo o 1010�� t b ro z n:: H y En Z H .J •• z z H -- y o H pli H KIr<> p q (n to H cn z En • wl H 0 tij H n z C H wEEn ox off z >� � x� �x K tjj N �K m ° 0. y�v °z z° � M b x •. o� y cn° v, t2 > p1-3 .. 00 F-1 H x ttzi til .. t0 rn 00 x N n co N co t=J H z H x tti a m �' Gl I m m D m M D -" A � m D O 0 0 m � r z C:, 3 .. m m A r D m X � � I _N Z I O U N IDY m T A _ cn -M C7 mZ D G -) r -U) C -t = 0 -< --I O -<m 0._q D!0 z D m (7 nM z Z m �D 0 CO CO r D r Dm O t fJ I J f IH r I -- . G7 m I 0 0 D 44 G D m n m D n a m m 1 Z C 3 m m D \ D m q m Zmx U _m ° Z O cn m m D to [n {� 4c m O m W m2 mD �r tDn C: --4 2 p p G) -<� C,� -<m �0 O D[7 �D m D {�j� Dm� Z p �D O �O I -- r �.i � ` i .� .! .� .W z COMPLAINT NUMBER DATE: #19 April 7, 1993 COMPLAINTANT:JIM SIMON CLOSE DATE: ADDRESS: 24 RUSSETT LANE PHONE: 686-7207 OWNER: HAROLD STEWART PHONE #: 685-4512 ADDRESS: 922 DALE STREET INSPECTION DATE: ORDER L DATE: COMPLAINT: CHICKEN FARM ON DALE STREET GENERATES NUMEROUS FLIES WHICH CONGREGATE AT SIMON'S HOUSE. ACTION: 77-�� /ES A/ 6&-) 5 M/9GG O /f/ (!g -s bit% r D ES FUSE. /VD 5 EGG �.PD/� Gil/G�Gril/ -7- T19% 19 7-0f//CA'-6 % ��,eM 19GG ON e,191� 1/1/ -7-rlPoti�- A16 616,8,5 O/-- Julius E;a.', �1.U., Chairman R. Gcorre Caron I:d%k'ard J. Scanlon BOARD OF HEALTH NORTH ANDOVER MASSACHUSETTS 01845 C014PLAIIII' REPORT Date o K-ide By 0v� e��ay /� � c.��rr�/d Address- 237ri/'L�S��iT%�1i�C� tel Nature of Complaint W12ft S2S /1AW TEL. 682-6400 c. /1 /V DA c /✓.s'c _ T��/S rJ v L"1 41 Location ' - 11 Owner or AZent Referred -bo Occupant Address DO NOT WRITE BELOW THIS LINE Date I.ivestigat�--d - Result of Investigation �L(�� /�T � F�l�/�1 � s�� 11 �i41�1 j%i�UiG-G%lD..� /��''•� 5X(S i IVG 5{ ll&)2Vc�j IGi �5� 60tiy071 Reccr.:sendations fiction ta,,en August 10, 1990 Chairman Board of Health Middleton St. Boxford, MR. 01921 Dear Sir: This letter is to ask that you request that your, animal inspector inspects the Leonhard/Eldred Poultry Farm on the Boxford/N. Andover Town line for a fly infestation. I have spoken with Mark Buffone of the Department of Food and Agriculture and he said that the type of fly that I have described sounds like the Lesser House Fly. That species of fly is common to Poultry Farms. Mark stated that an inspection of the Farm would be essential to finding out where the flies are originating from. He also stated that the problem might be able to be corrected easily by increasing the frequency of manure removal, spreading out manure to allow proper drying and general good housekeeping of the chicken coop. I have requested the Conservation Administrator to investigate the area wetland to see if there is composting, dumping of manure or a leaking septic system in the area that would cause the flies to brood in the wetlands. If the chicken coop is partly on N. Andover land, I would like to work together in controlling this nuisance. Your animal inspector can set up a time that he/she can meet with the N. Andover animal inspector and an inspection can be done simultaneously. Mark Suffone said that if you have any questions regarding the fly type or the requirements of the farmer to keep the coop clean, you could call him at (617)727-3034. Sincerely, Stephanie J. U. Foley Health Agent TOWN OF BOXFORD MASSACHUSETTS 01921 BOARD OF HEALTH Mr. James H. Simon 20 August 1990 24 Russet Lane North Andover, MA 01845 Dear Mr. Simon: At our meeting of 15 August 1990, the Boxford Board of Health discussed your complaint of 23 July 1990 to this Board concerning a fly problem you have experienced at your home during the past months. Also present at the meeting were the owners of the Leonhard/Eldred Poultry Farm. We regret that you could not attend the meeting. Previous to this meeting, Louise Kress, Jack Fitch and myself had visited your home on 4 August 1990, to observed the problem and to walk your property. Boxford Health Agent John Romanski has also made at least two inspections of the Leonhard/Eldred Farm during this sping and summer, and I also inspected the poultry building lying in Boxford on 4 August. The Board was also in receipt of a letter dated 10 August 1990, from Stephanie Foley, N. Andover Health Agent, requesting that this Board direct the Boxford Animal Inspector to inspect conditions at the Leonhard/Eldred Farm (copy attached). As the result of this background concerning the problem and our discussion, the Board reached a number of preliminary conclusions in this matter, pending further data and discussion. These are: 1. The flies in your house and those common around the poultry buildings at the Leonhard/Eldred Farm appear to be the same type of fly, i.e., the non -biting, Lesser House Fly. 2. The flies at the Leonhard/Eldred Farm appear to be .living and. breeding outside the poultry building, near the fan outlets. This is probably due to the organic matter being blown from the coops to the outside by the ventilation fans. The problem does not appear directly related to the manner in which the manure is being handled inside the buildings, nor in the manner of its disposal. Mr. James Simon 20 August 1990, page 2 of 2 3. While admittedly a nuisance to you, this Board does not see the flies as an immediate health hazard. The Farm and flies have been present for many years and there is no history of any health hazard (nor other complaints) from the situation. Your construction project may have exacerbated the increased fly infestation you observed earlier this year together with an unusally wet spring. Based on these conclisions, together with lack of absolute evidence as to the origin of the flies, this Board cannot, at this time, order any remedial measures to be carried out at the Leonhard/Eldred Farm directed at the flies. In the spirit of coorperation and in being a good neighbor, however, Mr. Leonhard has agreed to investigate measures to control the flies outside his poultry buildings. These may include limited spraying of an insecticide (such as malathion), the installation of fly traps and the redirection of the outlet fans away from the roadside. He has also agreed to fully cooperate in any further inspections of the farm by the Boxford and North Andover Health Inspectors and Animal Inspectors. Any. input from the Department of Food and Agriculture would also be welcome. By copy of this letter, I am directing the Boxford Animal Inspector, Ms. Allison Hayes, to coordinate a visit to the Leonhard farm with the North Andover Animal Inspector and Boxford Health Inspector John Romanski to determine whether there are any apparent problems with the manner in which the poultry buildings are being operated, and to submit a report back to this Board concerning her findings. This visit will be set-up in advance with Mr. Leonhard. After Ms. Hayes reports back to this Board, we will make a final determination in this matter. Byde ebaMr , Dr. Richard F. Chairman cc: Ms. Allison Hayes, Boxford Animal Inspector Ms. Stephanie Foley, N. Andover Health Agent Mr. John Romanski, Boxford Health Agent .Mr. Tom Leonhard James H. Simon 24 Russet Lane North Andover, MA 01845 508-686-7207 July 23, 1990 Chairman Board of Health Town Hall Middleton Street Boxford, MA 01921 Dear Sir: This letter concerns an urgent and most disturbing health-related problem which we have been experiencing at our residence. Our property, by the way, is located in both North Andover and Boxford, although the mailing address is in North Andover. Ever since we moved into the house in 1987, we have experienced a significant fly problem during the spring and summer months. This year, however, the problem has assumed enormous proportions. We have thousands of flies swarming in and around our house, posing a health hazard and source of serious emotional stress. Contractors working on a new addition to the house have had to tolerate particularly serious conditions and have even had to delay work because of the flies. Some of the rooms under construction are so filled with flies that it resembles a scene from a horror movie. Some months ago we contacted the Boxford health inspector, suggesting that the problem might be originating with a chicken farm behind our property on Dale Street. He checked out the area, and reported to me that there were no unusual fly problems around the chicken farm, asserting that the flies were probably breeding in wetlands (in North Andover) near our property. Board of Health July 23, 1990 Page 2 I then took up the matter in earnest with the North Andover Board of Health, which, based upon its own investigation through Health Inspector Stephanie Foley, concluded that the - flies were indeed originating at the chicken farm in Boxford. This past weekend, we drove along the perimeter of the chicken farm and confirmed very large concentrations of flies. The problem has reached an intolerable level and requires an urgent solution. We have tried to deal with the issue in a reasonable and non -confrontational way. At this point, however, I am prepared to take whatever action, including legal action (I am an attorney), which has any potential to lead to some relief. I am available at your request to discuss this matter further informally, or at a meeting of the Boxford Board of Health. Thank you for your anticipated cooperation. Sincerely, James H. Simon JHS/ls cc: North Andover Board of Health 6445] August 10, 1990 BOARD OF HEALTH Chairman Board of Health Middleton St. Boxford, MA. 01921 Dear Sir: 120 MAIN STREET TEL: 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 This letter is to ask that you request that your animal inspector inspect' the Leonhard/Eldred Poultry Farm on the Boxford/N. Andover Town line for a fly infestation. I have spoken with Mark Buffone of the Department of Food and Agriculture and he said that the type of fly that I have described sounds like the Lesser House Fly. That species of fly is common to Poultry Farms. Mark stated that an inspection of the Farm would be essential to finding out where the flies are originating from. He also stated that the problem might be able to be corrected easily by increasing the frequency of manure removal, spreading out manure to allow proper drying and general good housekeeping of the chicken coop. I have requested the Conservation Administrator to investigate the area wetland to see if there is composting, dumping of manure or a leaking septic system in the area that would cause the flies to breed in the wetlands. If the chicken coop is partly on N. Andover land, I would like to work together in controlling this nuisance. Your animal inspector can set up a time that he/she can meet with the N. Andover animal inspector and an inspection can be done simultaneously. Mark Buffone said that if you have any questions regarding the fly type or the requirements of the farmer to keep the coop clean, you could call him at (617)727-3034. Sincerely, Stephanie J. L. Foley Health Agent 24 Russett Lane North Andover, MA 01845 June 19, 1990 Dear Ms. Foley: As we discussed earlier today by telephone, I am writing concerning a serious fly infestation around and in our house. This problem was reported to you and investigated by you about one month ago; the problem is, incredibly, far more severe at present. We have literally thousands of flies hovering around our house in giant swarms. Each time a door is opened, flies rush in. These flies constitute a serious nuisance and a health problem to us and our children, as well as the contractors who are working in and around our house on a new addition. Indeed, the fly infestation is so bad that it is difficult for employees of the contractors to enter certain areas of the contruction to undertake work. You indicated that the source of the flies is located in Boxford; the Boxford health inspector said that the source is a wet area located at the foot of our street in North Andover. The fact remains that our house is located entirely within North Andover, and the problem is a serious one which needs to be addressed immediately. I look forward to hearing from you promptly as to what action will be taken to deal with this problem. Thank you for your assistance in this matter. Sincerely, lam` James H. Simon 6244j BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682-6400 COMPLAINT FORM DATE /.:9 MADE BY: ADDRESS: TEL. NATURE OF COMPLAINT LOCATION: OCCUPANT bWNER-- ADDRESS DO NOT WRITE BELOW THIS LINE REFERRED TO DATE OF INVESTIGATION RESULT OF INVESTIGATION i RECOMMENDATIONS: ACTION TAKEN: