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HomeMy WebLinkAbout2021 BOH Minutes & Decision TOWN OF YARMOUTH Board of Health .■ II YATThCIEESE 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-24451 Health Telephone(508)398-2231,ext. 1241 Division Fax(508)760-3472 BOARD OF HEALTH MINUTES August 16,2021 MEMBERS PRESENT: Hillard Boskey, MD, Chair Charles Holway, Clerk Debra Bruinooge Eric Weston MEMBERS ABSENT: Mary Craig, Vice Chair OTHERS: Bruce G. Murphy, MPH, Health Director Lucan Colquhoun,Applicant-12 Alijo Drive Richard DeGregorio,Neighbor- 11 Alijo Drive Patti Coville,Neighbor—5 Alijo Drive Pam Winthrop, Neighbor—21 Alijo Drive George Hill, Millway Marina Owner Ian O'Connell, Millway Marina Representative Dawn Roche, International Overdose Awareness Organizer Carl Lawson, Board of Health Hazardous Materials Inspector Erica Polite, Board Secretary Chairman read statement, the meeting is a zoom meeting, as allowed by the governor. 1. Public Comment- NONE 2. Hearing—Poultry Permit Modification- 12 Alijo Drive-Vote Board of Health Director Bruce Murphy suggested that neighbors of 12 Alijo Drive speak first, then have the applicant, Mr. Lucan Colquhoun make his presentation and respond to the neighbors. Carl Lawson, Board of Health inspector who've been out to 12 Alijo Drive several times is available also. Chairman Hillard Boskey agreed, and noted this is the time to speak. Richard DeGregorio—Introduce himself to the board. He's the neighbor at across the street from 12 Alijo Drive. They had a problem on September 6, and since then, nothing changed. Pigeons on his roof along with pigeon droppings. It's been going on for five years. I'm just tire of it. He should not be adversely affecting the adjacent properties. If he wants to have 30 pigeons, go ahead, have 30 pigeons, as long as he flies them over his house and in his area. That's in one of the restrictions. As for as 20 chickens, is that considered a business in a R40 zone? He's going to sell eggs or he's going to sell chickens? What is he going to do? We don't know. He probable have six chickens already, so that will make it about 26 chickens. Another concern of mine is, you have 20 chickens, 27 pigeons, what about the rat population? Is the rat population going to go away, or is it going to increase? It's definitely going to increase, because that's what happened five years ago. Now he says he wants a rooster,the rules says if one or more abutters issue a complaint, no rooster. That's from the Health Department,that's not me. Each time I visit the Health Page 1 of 7 Department, it led to retaliation from Mr. Colquhoun. Like flying the pigeons more often, and Mr. Colquhoun will take off and leaves them flying around. By time he comes back, guess where they are, on my roof, not his. It's the same old thing over and over again. He's having a hard time flying four pigeons, and you're going to give him 10 to fly. It is not really a flight path, but sometimes the Piper Cubs come in and they come right over our houses, now you got 20 pigeons where the planes come. I don't go anywhere, I stay right here, and that's important concern for the Town of Yarmouth, you know he's irresponsible and doesn't respect the rules. If you cannot control four birds to fly, and you are going to give him 10. You are going to give him more fuel for the fire, because he's not going to abide by any rules and regulations. It's been going on too long, and I'm tire of it. Pam Winthrop—I'm also a neighbor at 21 Alijo Drive. I'm not there all the time, I'm an occasional resident, but we're actually moving there full-time next week. I want to echo what Richard has said. I'm concerned about my neighbor's ability to take care of the animals he has presently,which is a cause for concern if you going to add additional animals. I'm concerned about my dogs eating pigeon poop and end up having diarrhea and other intestinal issues; so I'm not in favor of the Board of Health allowing them to add more animals. Patti Coville—I'm also a neighbor. I'm diagonally across the street from the person that is wanting these animals. The pigeons are coming in my yard all the time. .I have to go out and hose down my back patio every day because it's covered in pigeon poop, along with my outside shower. My concerns also with the fact of having a rooster is only going to cause more problems. There is just a lot of issues that have been happening here. I have to wash down the side of my house because the pigeons land on the top of the front sided of my roof, and then leave their droppings on the front of my house. So, I've been washing that down and it just doesn't seems fair to the rest of us that we are dealing with this kind of stuff for one person's benefit. Lucan Colquhoun—Applicant, and resident of 12 Alijo Drive, all I must say is I'm appalled so much lies. My birds haven't been flying this year. I have not been flying them, so I do not understand how a neighbor been washing down bird poop every day, or have bird poop on the side of their roof every day. My birds got out once when my dad went to feed them. I'm asking to fly 10 birds instead of four because four does not work, and the birds that I fly are roller pigeons. These birds do not go on roofs,they do not go in people's yard or anything; they fly in the air, and they come right back to their coop. The birds that got out when my dad went to feed them were homing pigeons, they are pigeons that never been flown in the area before because they are young. I have not been flying birds all year. The birds were out flying, my neighbor Richard start whistling for the birds to come over his roof; he was like, come over here, I got something for you. One bird went over there for a second and flew back off his roof. I saw it, I then reported to the Town Hall because I'm very proactive. I'm in compliance with the rules; every time they check on me, I am perfectly in-line with the rules. I have enough space for 20 chickens, I'm not looking to sell eggs or chickens. I'm going to be using some for meat and the rest for laying eggs. I heard they're talking about roosters and noise. I will not have a rooster, I just need my 20 chickens and to fly more than four pigeons. Flying just four roller pigeons doesn't work,the birds are in the sky looking for petty predators like them. They are very timid and not performing as they should, so I do need 10 pigeons to fly to build their confidence and performance. Health Director Bruce Murphy—Mr. Chairman, myself and Carl Lawson was out there last week, Carl can give an update. We did met with the owner Mr. Colquhoun, walked the property, Page 2 of 7 and did not see any droppings on the house, coop, driveway or street. Observing the neighbor's house, we could not see any large droppings accumulation at all. There had been a question about a second coop being built on the property, and in fact, it was just a shed that did not have any animals in it. Health Inspector Carl Lawson—I can say I'm familiar with the property. I first went there in response to a complaint July of 2017. I did an inspection, the only item that was not in compliance was Mr. Colquhoun was not registered with the Town. He didn't realize he had to be, so he became familiar with the regulation that day, I briefed Mr. Colquhoun, he now maintains an annual poultry permit license. During all my visits, I have found him to be in compliance with the conditions that were established at the last Board of Health meeting in October 2017. I have not found any rats or evidence or rats. He did have pigeons escape the coop, I'm not sure of the number, but he reported that to me in July 2021. He noted that he was ill, and his father had to feed the pigeons and accidentally let some out. Two items I'd like to touch on is back in 2017, with a few members of the Board of Health, I did witness the flying and he released up to four pigeons. They flew at quite a high altitude, not beyond our sight, and when they returned, never landing on another property, they returned to his property and eventually make their way back into the coop. I have responded to complaints and found the property to be in good order with respect to conditions and regulations. Board Member Debra Bruinooge—Had a question for Mr. Colquhoun. One of the things in your proposal was that you wanted more chickens, not just for the eggs, but also for the meat. How does that work? Are you butchering them on the property? Mr. Colquhoun response was yes, unless there's something wrong with that. Chairman Hillard Boskey asked Director Murphy if he could comment on the chickens for home use. Directory Murphy noted that people are allowed to have chickens if they collect eggs on their properties. If they wish to process them for their own meals, that's allowed. Board Member Debra asked Mr. Colquhoun if the chickens would only be on the property until the beginning of winter, used for food, then start back up again in the spring. Mr. Colquhoun stated that's how he has done it in the past; however, if he got 20 chickens, he would always keep 10 around and only use 10 for meals. Chairman Boskey asked Director Murphy if there are any health considerations the board needs to know about butchering on the site. Board of Health Director Murphy noted that it is a process they can do reasonably. Board Member Charles Holway stated that he don't see a problem with the chickens or pigeons. He has been to the property and don't think the pigeons are trained to fly out of the cage and go next door on somebody's roof. Board Member Eric Weston—I have a few questions. How large is Mr. Colquhoun property? Mr. Colquhoun responded with I believe it's a little over half an acre. Eric asked have there been any other complaints besides the three abutters who are here this evening? Director Murphy responded with no. Eric asked how the neighbor know the droppings are coming from Mr. Colquhoun's pigeons and not just a pigeon. Neighbor Patti Coville replied with I can't honestly say I know it's his birds that are doing it, but I am washing my patio down every morning before I go to work. This didn't happen until he started having pigeons, but I'm not there to watch to say oh, that's your pigeon doing that every day. Mr. Colquhoun noted again that he have not been flying birds all season, so it could not be his birds. Motion: Charles Holway: To allow the birds and chickens without the rooster. Amend: Allowed Mr. Colquhoun to fly 10 pigeons at one time, have 20 chickens,and no rooster. Second: Eric Weston Page 3 of 7 Discussion: Board Member Debra Bruinooge asked does that include 10 pigeons that can fly, and Mr. Holway answered yes. Chairman Boskey asked, so we're adding 10 pigeons,not adding a rooster,and the chicken number is 20?Director Murphy noted that we are not adding 10 more pigeons,just saying the pigeons Mr. Colquhoun have,he can fly 10 at a time instead of four. He's not asking for more pigeons, that's capped at 27. He have no chickens on site now and would like 20. Chairman Hillard Boskey ask the board members and the health department,when they're out and about to make some trips over Mr. Colquhoun property to evaluate and he will do the same. Also to do spot checks around the area. Vote: Pass,3 to 1 for the motion. Voting no was Debra Bruinooge. 3. Hearing—Millwav Marina, 15 Enterprise Road -Vote Board of Health Director Bruce Murphy—I and Inspector Carl Lawson went up to Millway this Afternoon at 15 Enterprise Road, which is requested property for the increase in gallons from 200 to 600 on the property. We observed the property to the right of them, the auto body place, which was recently purchased by Millway. Since they have cleared all the trees on the property, I'm not sure if a buffer is needed under the zoning. We have not heard anything from the building department or zoning of what the use would be expanding to our concerns. Seeing boats on the property which have not been permitted for outdoor or indoor storage by the Board of Health, and not even sure been approved through the building inspector. I think with this new events that have come to our attention today, I would think that the board would want to look at both the properties, how they're going to be developed and used together. Instead of having the applicant appear twice before the board of appeals, we could work with them to see what we could do to have the allowance for both properties to go forward. Chairman Hillard Boskey asked who owns the lot, number three, when you come around from Summer Street and make the right onto Enterprise or Corporation,that's first lot on the right. Millway Representative responded with, as the trustee of the company called Lauren Trust, I George Hill owns it. Mr. Hill also stated that they are fine with a continuance, he will meet with the building commissioner. Then we can all sit down and discuss it. 4. Update—International Overdose Awareness Day 2021 Director Bruce Murphy asked Chairman Hillard Boskey if Dawn, who will be giving a presentation on International Overdose Awareness Day could go on next. Dawn introduced herself as Dawn Roche, she has been a South Yarmouth resident for 25 years and lost her son to fentanyl in 2018. I've been taking on this project of having an overdose awareness event at Smugglers Beach on August 31'of every year. It's an International Overdose Awareness day where people come together to remember their loved ones, honor them, and also pray for the ones that are still suffering. At Smugglers Beach, people gather together with large photos of their loved ones, and are allowed to get up and speak if they so desires. We have Mr. Kristoph Pydynkowski as the guest speaker. He's a recovery coach here on the Cape. He's got 13 years in the addiction field. In the end, we follow up with a candlelight prayer. All this will be on August 31, Smugglers Beach, at 6pm. Chairman Hillard Boskey—I'm sorry for the lost, loss of your child, I can't imagine. I commend you for your effort here. Where can someone find the information about the event? Event Coordinator Dawn responded with it is on Facebook,the pdf file has been sent to every police, and also to the two recovery fields. I am a member of the Yarmouth Substance Awareness Committee, so they also have the information, along with a couple of State Representatives. Health Director Murphy noted that he placed a copy of the flyer in an upcoming selectman meeting packet, and also asked them to put it on their social media page. I am not aware of the status right now, but we have passed that information along. Health Director Bruce Murphy—I would like to thank Dawn for taking over what she's been doing the last several years. Page 4 of 7 5. Water Quality Testing Director Bruce Murphy—The slide on the screen shows the 35 public beaches that the health department oversees in conjunction with the county health department, collecting and taking samples weekly starting on Memorial Day weekend and going to Labor Day. There are 29 salt water beaches that are tested along Bass River, South Shore Drive area, Parker's River beaches, Seagull Beach, and others. We get a good sampling in all these beaches. This summer we did have two closures on Malfa Road, and Bay Road, two or three times this summer. After heavy rain, there is always concerns of street and lawn water washing, causing contamination. We also monitor six freshwater swimming areas,to list a few of the list, Dennis Pond, Flax Pond, and Horse Pond. They all been tested each week, and they've all passed the water quality for bacteria for swimming. What we saw in the paper on August 1st, cyanobacteria is being seen in numerous ponds across Cape Cod, heavily in some towns down the Cape. What we did this year through the Department of Natural Resources Karl Von Hone, included Yarmouth with the testing by Association Preservation of Cape Cod, who is doing all the testing across the Cape, to include 10 Yarmouth ponds. The article in the paper explains what cyanobacteria is, and where it came from. What the county might be able to conduct the testing; because testing can range from various towns from $3,000 to $20,000. They are testing approximately 150 ponds on the Cape. It is hard to do anything about the algae. One of the reason why the algae is there, is the increase in phosphorus and nitrogen. The article talks about Mashpee. Their board of selectman is talking to property owners around the ponds to stop applying fertilizer, which is one of the sources for the increase in the phosphors. Lots of the ponds have a bluish or algae mat that's thick, and you don't want people swimming in or dogs drinking. The Health Department has placed a warning advisory at three locations on Long Pond, Lyman Lane, Davis Street boat ramps, and Indian Memorial beach. 6. Update—Coronavirus -Vote As of last Friday our COVID overall positives since the start of the pandemic, March of 2020, is 1,710. Active cases within town as of last Friday is 20, ages 1 through 79. Out of the active cases, 10 of the 20 have been vaccinated. We are still at 36 deaths. Our town positivity rate based on the Department of Public Health weekly testing is 4.85 percent as of August 11, 2021. We thought we were doing very well at the beginning of the summer,the numbers were low. In June and July, our positivity rate was 2.34, and then we saw it shoot up the end of July to 6.75 percent. I think that's also the time we saw Provincetown numbers increased; they almost had a thousand positive cases. Their positivity rate was very high, along with Truro and Wellfleet. I believe that is the delta variant which spread considerably quicker within the public. People that are vaccinated only have mild symptoms, and even at Provincetown, they did not have any deaths, but had a few go to the hospital. The week before August 4th, our positivity rate went down to 5.36 percent, then last Wednesday it went down to 4.85 percent. Vaccine—We have a total of roughly 24,000 people in town. Of that total, about 17,000 people have at least one dose of the vaccine, which is around 74 percent of the total population. The ones that are fully vaccinated is 16,184, which is 67 percent of our population. This does not include children age 12 and under. The county health department is doing free testing at the Fairgrounds, Route 151 in Falmouth starting August 22, 2021. They are doing it on Thursdays and Sundays, 4 to 6pm. People can register online at barnstablecountyhealth.org. Walk-Ins are also accepted. I think that's good they're continuing testing because a lot of pharmacies and grocery stores that were doing testing switched over to vaccination. Some places are still doing testing, but it's by appointment, and not as easy to get as it was in the past. Page 5 of 7 Based on the increase in COVID percent positivity rate that we've seen in town, and talking to the Chairman last week, we feel a mask advisory for indoor public buildings should go into effect. Some towns are requiring it, and others are making it an advisory. Some towns on the Cape are following the Governor's guidelines of no mask required indoors and outdoors, while others are requiring it, and are making it an advisory. It is on the board's agenda tonight to vote for a mask advisory to the public to be worn indoors in public buildings. Chairman Hillard Boskey noted that the delta variant is a mutation in the virus, which is a thousand times as infectious; this is why it is spreading so quickly. Vaccination has really been helping people. Vaccinated individuals may get infected, and it seems most of them aren't aware they may have it, so it's preventing them from getting very ill, going to the hospital, and even dying. So, the vaccine actually is doing a very good job of keeping control of how sick people are when they are exposed to this variant. An advisory is what the board of health is advising, it's up to the individual if they want to follow the advice of the board of health. Motion: Eric Weston-To move that the board move forward with the mask advisory. Second: Debra Bruinooge Discussion: Board member Charles Holway voted against wearing a mask indoors. Board member Debra Bruinooge noted that if the Governor were to institute a mask mandate,obviously we would follow this guidelines. Vote: Pass, 3 to 1 for the motion. Voting no was Charles Holway. 7. Approval of Minutes —Meeting of June 7,2021 Motion: Debra Bruinooge- To approve the minutes from June 7, 2021. Second: Charles Holway Discussion:None. Vote: Unanimous 8. Old/New Business Director Bruce Murphy noted that for the next board meeting, we have nothing pending,just Millway Marina putting their packet back together. Our next regular meeting would be September 13, so tentatively we will have a meeting unless they haven't finalized their packet, or we have something different on the COVID front. If their packet is not ready, we could move the meeting to the 20th or when they are available to come in. We could also use September 13 to update the board on what's happening school-wide and town-wide, now that school is getting ready to open. Chairman Hillard Boskey—Just to remind everyone as for the hearing of the poultry permit, please make some efforts of swinging by occasionally,just to see if we will need to make any adjustments on what we've voted on tonight. Eric Weston—Both new and old business, the waste oil disposal at the town landfill is closed again. As you all remember, it was closed for quite a while about 10 months ago. It's been closed now for about four weeks, my concern is how are people disposing of their waste oil. Health Director Bruce Murphy noted, we will take a look at it and bring it back to the board. Page 6 of 7 9. Adjournment Motion: Eric Weston—To adjourn the meeting Second: Charles Holway Discussion:None Vote: Unanimous There being no further business, the Chair adjourned the meeting at 7:11 PM. Respectfully submitted, Charles Holway, Clerk Minutes Taken by Erica Polite Page 7 of 7 • TOWN OF YARMOUTH bra 4.? 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-24451 MfTfACHEE : '� o ` Telephone(508)398-2231 ext. 1240, Fax (508) 760-3472 ' •`' BOARD OF HEALTH April 5, 2021 Mr. Lucan Colquhoun 12 Alijo Drive West Yarmouth, MA 02673 Re: Poultry Licensing Dear Lucan, Last fall when I visited your property in response to a complaint of 5 pigeons flying at the same time and unlicensed dogs I learned you had 19 pigeons and 14 chickens onsite with up to 20 chickens kept at times. I informed you that your Board of Health (BOH) decision from Oct. 16, 2017 limits you to 27 pigeons. At this time you stated you planned to appear before the BOH to request being allowed to have 47 total birds onsite (27 pigeons and 20 chickens). I asked you to register for a poultry permit as you had not registered when requested to in 2017. I emailed you on Sept. 30 with detailed instructions on how to bring your property into compliance with regulations and prepare for your BOH meeting. I also provided you with a print copy on Oct. 29 when you were at Town Hall voting. We received your application and check, but did not deposit your check and issue a license because based on your comments we planned on you submitting for a meeting and requesting a higher bird count which, if granted, would reflect on your license. Earlier today during our phone call you stated you plan to bring chickens back to your property and seek to keep a total of 47 birds (27 pigeons and 20 chickens). After you and I spoke by phone earlier today I updated my boss on your situation and directed me to inform you of the following: 1) You are limited to having a maximum of 27 pigeons on your property. 2) Only 4 pigeons may be released at one time and not within 4 hours of feeding. 3) You may have a maximum of 9 chickens on your property in addition to the 27 pigeons. 4) Having less than the allowed 27 pigeons does not allow you to have more than 9 chickens. 5) You must immediately register for poultry permits for 2020 and 2021. Please find the applications attached. Please include a check for $80.00 payable to the Town of Yarmouth and indicate that is for 2020 and 2021. 6) There is no Board of Health (BOH) meeting required to keep 9 chickens. 7) More than 9 chickens are not allowed. Enclosed please find your check from 9-28-20 and your 2020 application. Please return the completed applications and applicable fee to our office within five (5) business days. Please contact our office if you have any questions. Thank you for your prompt attention to this matter. Sincerely Caro Carl E. Lawson, Jr. Hazardous Waste Inspector Town of Yarmouth Health Office 1146 Route 28 South Yarmouth, MA 02664 Tel. 508-398-2231 Ext. 1240 clawson(c�yarmouth.ma.us Enclosures (2)