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HomeMy WebLinkAbout2024-08-22 Board of Health Minutes fez 1 ' North Andover Board of Health Meeting Minutes Thursday—August 2 , 2024 6:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org i f Present: I)r.Patrick Scanlon,Jennifer Abou-Ezzi,Jennifer LeBourdais,Brian LaGrasse,Brad DiCenzo, North Andover Animal Control Officer,and Toni K. Wolfenden 1. CALL TO ORDER The meeting called to order at 6:00 pm. H. PLEI)GE OF ALLEGIANCE Ill. PUBLIC HEARINGS A. Joshua Heath,710 Chestnut Street,requesting a Variance for the Keeping of Roosters Jennifer Abou-Ezzi MOTIONS to open the PUBLIC HEARING,seconded by Jennifer I.A301.1rdais. (3- 0-0) Brad DiCenzo,North Andover Animal Control Officer received anonymous complaints for a rooster being at 710 Chestnut Street. Brad has gone to the Heath residence to discuss the situation. It is rare to hear the noise. The coup is very nice. Joshua has been issued a ticket in the past which has been paid. Brad worked with the Heath family trying to find placement which is difficult. The anonymous caller contacted the Health.Department. Brad went out to 710 Chestnut Street again but(lid not hear the rooster, It was not heard from the roadway, or the driveway when notices were attached to the door.The order to correct was issued through regular post,and certified mail (See Appendix A,). It was unable to be served by hand. A letter was received by the Meath family requesting a variance(See Appendix B.) The North Andover Board of Health,Keeping of Animals Rules and Regulations were adopted and went into effect on September 22,2022. Section 6.2—The fi"olloytaing will not be pernritte& the keelfin 7 of a rooster or roosters shall not be allowed.. (See Appendix C.) Brian LaGrasse explains that roosters tend to be loud and disrupt neighbors, The Zoning Board also has a regulation that prohibits roosters. Brian has never seen a variance for a rooster in North Andover or in any other town. The Heaths home is a residential property and a residential home and does not fall tinder agriculture which would be through the Commonwealth of Massachusetts. Joshua Heath,710 Chestnut Street,Courtney Heath,710 Chestnut Street, and Attorney Sam Thompson, Set Law 458 Boston Street 2"d floor Suite 6,Topsfield,MA,01.983,representing the Heath Family,has been ask to come forward and speak to the Board. 'fhe Heaths have owned the rooster for four years. Attorney"I'liompson explains that the family had received chicken eggs'from Tractor Supply, which were all supposed to be hens,unfortunately,two were roosters. One was re-honied immediately. Joshua explains that the two closest neighbors have not complained about the roosters. Courtney explains that she does not want people upset by the noise. She would like to work toward a solution and resolve the noise. She purchased an automatic coup door which would allow the rooster to remain in the coupe duruig early hours and it will be controlled by cell pliones. Attorney Thompson explains that(lie Heaths did contact 2024. North Andover Board of Health Meeting Note: The Board of I lealth reserve the right to take items out of order and to discuss and/or vote on items that are riot lasted on the agenda. Board of Health Members: Michelle Davis,RN,Chairwoman;Dr:.Patrick Scanlon Clerl<JTown Physician/Member-,Jennifer Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member;Brat Spight,Member. Dr PAKLIRent St�rff:Brian LaGrasse,Health Director;Shanene Pierce,Public Health.Inspector;CarolynL_am,RN,Public Health Nurse;Toni K.Wol.fenden,:Health Department Assistant. various farms and the MSPCA and unfortunately,they have not found a home for the last rooster. The only people that were willing to take them where going to serve them for dinner, which is challenging because it is their pet named Junior. The average life span of a chicken/rooster is 5-7 years. The Heaths have not had any live that long. Jennifer 1.eBourdais asks if this is a heavily populated area of Chestnut Street. A map is passed out(See Appendix D.) This is the first rooster variance seen by Brad DiCerizo. Patrick Scanlon explains that the Board of Health has had variance requests for various issues in the past,and setting a precedent is dangerous. Joshua explains that he can not see his neighbors and is not in a densely settled area. Joshua is putting up vinyl fencing where he believes the crowing is echoing to help mitigate the sound. He is willing to close the vents on the coup at night and also sound proof if needed. Jennifer LeBourdais would like to issue the variance but for this thric only because the Heaths love Junior and he is seen as a family pet. The variance will be for the remainder of the animal permit only which expires March 1,2025,at this time, it would be reviewed. Attorney Thompson suggests if the variance is issued the Heaths enter into a contract with the town. Brian would need to discuss with town counsel. Deborah Chasse,25 Mill Road,explains that they do not want a neighbor to get rid of their pet,but,the rooster wakes them tip almost every morning between 4:00 am and 4:30 am. The crowing varies, it goes all day until sundown. Deborah also works from home and the rooster was heard by her client. This is a daily nuisance for the Chasse family. The Chasse family moved into 25 Mill Road two years ago, The first complaint was made quickly after the move in. Deborah states that there is a reason why the bylaw exists and it is because roosters are a noise nuisance. Harold Chasse,25 Mill Road,explains that it has been a long process. Brad explains that the only person who can remove the rooster is ajudge,lie can not walk on a property and remove with force.The fine for not removing the rooster starts at$50 per day and then goes Lip to$300 per day. This issue is at the$300 per day status. The rooster owner is not allowed to let the animal"ftce", or they will be charged with abandonment which is animal cruelty. Patrick believes that $300 per day is excessive. Brad asks if a crow collar has ever been used? Courtney Heath asks the Chasse's,if they would consider the mitigating factors? Deborah Chasse asks why the mitigations were not started earlier when she was aware of the first complaint? Attorney Thompson suggests tabling the decision,the Heath's put the mitigating circumstances into place and see if the complaints continue,and then it makes sense not to grant the variance. If the decision is tabled,it will be reviewed on September 26,2024. If the variance is denied,the Heath's have 30 days to remove the rooster and to find it a new home. Jennifer LeBourdais MOTIONS to close the PUBLIC HEARING,seconded by Jennifer Abou-Ezzi. (3- 0-0) The Board of Health discuss all options with the Heath family rooster.Patrick does not want to allow the variance but believes a fee of$300 per day is too high. Jennifer Abou-Ezzi is concerned with finding suitable housing for the rooster. Jennifer LeBourdais requests the decision be tabled for a month. Patrick suggests 90 days to remove the rooster. Brad explains that a rooster can not be sent to other boarding states without state approval due to disease control. Dr. Patrick Scanlon MOTIONS to not institute any fines,but the rooster is to be removed in 60 days. Jennifer Abou-Ezzi AMENDS the MOTION to not institute any fines but the rooster is to be rehomed in 90 days, Dr. Patrick Scanlon seconds the MOTION. (2 in favor—I opposed,Jennifer-LeBourdais—0 abstained) MOTION APPROVED. IV. ADJOURNMENT MOTION made by Dr. Patrick Scanlon to adjourn. Seconded by Jennifer Abou-Ezzi. All in favor, MOTION APPROVED, (3-0-2)'I'lic meeting adjourned at 6:58pin. North Andover Board of Health Meeting Minutes Thursday —august 22, 2024 6:00 pan. 120 Main Street,Board of Select Room Live broadcast can be beard on www.iioi,tliandovei-catn.org t Pre a�r�•, Toni K. WoIfenden, health Delat.Assistant Rev&wed by All Board of Health Allembers c: Brian LaGrasse, Health Director Si_ ne(I by Dr. Patrick on, C,'lerk of Board Date.Signed Documents Used At Meeting; Agenda Order to Correct--Joshua Heath,710 Chestnut Street Request for Variance Letter—Mr.and Mrs.Joshua Heath,710 Chestnut Street North Andover Board of Health Keeping of Animals—Rules and Regulations page 7 Map of 710 Chestnut Street property id 098.B-0009-0000,0 Email from Brian LaGrasse—710 Chestnut Street 2024 North Andover Board of Health Meeting P[ote; The Board of Health reserve the right to take items out of,order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Mcml)er;Jennifer Abou-Lzzi RN,Member;Jennifer LeBourdais,RN,Member;Bral Spight,Member. Department Staff:Brian LaGrasse,Health Director;Shanene Tierce,Public Health Inspector;Carolyn Lam,RN,.Public Health Nurse;Toni K.Wolfenden,Health Department assistant.