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1 BOARD OF HEALTH MINUTES JUNE 13, 2016 MEMBERS PRESENT: MEMBERS ABSENT: OTHERS: Hillard Boskey, MD, Chair Mary Craig, Vice Chair Tanya Daigneault Charles Holway Bruce Murphy, MPH, Health Director Amy vonhone, Assistant Health Director Greg LeGeyt, 66 White s Path, South Yarmouth Karen Daphnee, 66 White s Path, South Yarmouth Carrie McDevitt Phil McDevitt Marion Majewski, 29 Gingerbread Lane, Yarmouth Port Jim Upton Paul Gavin, 25 Gingerbread Lane, Yarmouth Port Judd Phelps, 53 Gingerbread Lane, Yarmouth Port Attorney Mike Stusse, Ravenswood Condominiums Frank Pedro, Jolly Captain Condominiums I. Variance Request 66 White s Path, South Yarmouth Poultry and Stable Regulations The Health Director gave background of the hearing held on May 23, 2016 and the violation notice sent to the owner regarding the horse and chickens on the property that are unlicensed. There was a letter in the Board s packet from the veterinarian regarding recent vaccinations but no site plan was provided by the owner. The local regulation requires a minimum of 1 acre and the site has.3 of an acre. Ms. Daigneault advised that she did hear from Carrie McDevitt with updates on the information requested at the May 23, 2016 hearing. Chelsea Weiand from MSPCA did an inspection of the horse and site and found her to be well cared for and documentation was provided. Ms. Daigneault said that the critical issue is the size of the lot. It is grossly undersized per the town s regulation. She understands that the horse can cross the street for use of the grounds but those are not owned by the horse owner. Ms. McDevitt stated that the paddock has been enlarged to 20 feet by 60 feet which is the size requested. Page 1 of 7

2 Ms. Daigneault still believes the property is grossly undersized. Also, the Board of Health still does not have the proper documentation regarding property size, layout and location of structures. The Chair asked for confirmation of the lot size. The Health Director replied that the lot is.32 acres per the Assessors Department. Ms. Daigneault asked about the size of the paddock and why it is pertinent. Ms. McDevitt replied that other paddocks the horse has stayed in have been smaller. She has not exercised the horse in the new paddock but has lunged her. Ms. Daigneault said that the welfare of the horse is separated from regulations of size requirements. She asked what was the agreement for riding the horse on the property across the street. Ms. McDevitt replied that while she does not have a written agreement but has been told she can ride on the grounds but not in the corral because of liability issues. There are many trails around the pond and the bike path. The Health Director asked for clarification on where the paddock was expanded. Ms. McDevitt stated that it was expanded to the right. Ms. Daigneault said that it it may be over the property line. Ms. McDevitt explained that the Assessors Department claimed that the property was absorbed by Mr. LeGeyt s property. She provided the Board with a different assessors map. Ms. Daigneault and the Chair stated there was not an accurate survey of the property in order for the Board to make a proper decision. The Health Director stated that the department does not have a proper survey or documentation to determine property lines. The Chair said that it is difficult to advise owners to spend additional money if the site is not going to be approved. Ms. Daigneault agreed with the Chair. She also re-emphasized that the care of the horse is fine however, site constraints are a separate issue. She would be willing to accept a proper survey, the Board gets written approval for use of abutting trails and the horse is kept in good condition. The horse cam stay on the property but there is no wiggle room. The survey must show that the stable and corral are on the same property. Ms. Craig asked how old was the horse. Ms. McDevitt replied that it is 14 years old. She asked how long can they live. Mr. McDevitt said if properly corralled, they can live up to 35 years. He stated that the horse is visited by a veterinarian twice a year. MOTION: (Ms. Daigneault) To continue the variance request hearing pending stamped legal survey showing exactly where the buildings are with measurements to scale. The survey is to be received 1 week prior to the July 11, 2016 Board of Health meeting. Seconded: Ms. Craig Discussion: The Chair asked about the poultry license violation. Ms. Daigneault replied that she supports having the horse pending documentation but cannot support having chickens on the same small lot. The Health Director asked Mr. McDevitt how many chickens were on the property. He replied probably around 20. Ms. Daigneault was concerned about the potential comingling of the horse in close proximity to the chickens. Page 2 of 7

3 The Chair stated the Board needs to make a decision regarding whether the horse or the chickens will stay. The Health Director asked about manure management. Ms. McDevitt replied that it is stored in air tight containers and removed every week. It includes shavings and hay. MOTION: (Ms. Daigneault) Pending documentation for horse, chickens will not be allowed due to variances on undersized lot. Chickens will need to be relocated within a couple of months. Seconded: Dr. Boskey II. Variance Request - 29 Gingerbread Lane and 39 Thacher Shore Road, Yarmouth Port Animal Regulations Goats The Health Director gave the background on the request for 2 dwarf goats on the owner s property and the lot behind to be used for grazing. The direct abutters were notified. The acreage requirement is a minimum of 1 acre and the property does not contain the minimum. The variance request is for setback distances from the pen to abutting dwellings and property lines. The owner currently has chickens which were approved several years ago. The packet has pictures and information. The Chair asked how many lots will the variances affect. The Health Director replied several lots as the rear lot is long and narrow. Marion Majewski, accompanied by her husband, Jim Upton, gave the background on dwarf Nigerian goats. They are much smaller than a regular goat and never get larger than 17 inches high. They will be neutered and are smaller than the weeds on which they will graze. The goats are coming from a location in the Berkshires which is registered and the animals are vaccinated. A portable fence will be used to protect the goats from predators. Goats are more environmentally friendly than toxic herbicides that end up in waterways. Manure is the size of rabbit pellets which will be collected and disposed of at the landfill. She stated that goats are meant to be pets. Ms. Daigneault asked what type of fence will be used. Ms. Majewski replied that it will be a Premier electric fence. Ms. Daigneault suggested a portable transmitter with the electric fence and it needs to be grounded. She also stated that the activity of the goats needs to be documented. She agreed that this type of goat is the least odorous. The Premier electric fence is the best. Goats do make noise in the morning and afternoon when they want their grain. They are very selective with grazing and may not eat the vegetation. Ms. Craig asked how 50 feet from the abutters lot lines will be maintained. Ms. Majewski stated that the lot lines are defined by rock walls and those will be used to measure 50 feet to maintain goats from neighbors. Page 3 of 7

4 The Chair asked about distance of structure from abutting houses. Ms. Majewski did not know and would have to measure. Ms. Daigneault stated that the property needed to be surveyed for proper documentation and document fencing as well. MOTION: (Ms. Craig) To continue the hearing until July 11, Seconded: Ms. Daigneault Paul Gavin from 25 Gingerbread Lane stated that neighbors had submitted letters opposing the goats. He submitted a letter with numerous concerns. He said that no one had been concerned about weed removal in the wooded lot. He is concerned with noise, smell and if goats get loose, they will be on his property. He also spoke with his neighbor, Mrs. McCarthy, who submitted a letter but couldn t attend the meeting. Ms. Daigneault said that she had read the letter. She understands the work required to take care of goats. The Board will require standards for owners if the variances are granted. If there are nuisances, the owners will have to come back to the Board. Her own experience with goats provides an insight into success and failure of maintaining them. Judd Phelps of 53 Gingerbread Lane supported Mr. Gavin. He asked how do goats interact with dogs as there are many in the neighborhood. Ms. Daigneault explained that the liability would be up to the Uptons. Goats will be curious. Dogs will get shocked if they come in contact with the fence and they probably wouldn t come back. III. Variance Request State Swimming Pool Regulations Ravenswood Condominiums, 345 Camp Street, West Yarmouth The Health Director advised that the variance for less than a 4 foot walkway around the pool had been previously granted and now needs one for steps protruding into the pool. The original plans for pool renovation have been changed. The Board has a sketch of the pool but the sketch does not have exact measurements of walkway. The side pool was formerly used as a Jacuzzi but not anymore. The Board in the past has put condition of No Standing on pool variances. The Chair asked how many variances were being requested. The Health Director stated the variance is the same for the Jacuzzi and the pool. It would be helpful to have the distances but thinks the Board can move forward. Ms. Daigneault asked if the Jacuzzi and the pool were really one large pool. Attorney Mike Stusse provided a picture of the pool area and apologized because variance was requested last year and condo was going to fill in the Jacuzzi. It was discovered it couldn t because of its connection to the main pool. It would be a major hardship to replace and restructure the main pool if the Jacuzzi was to be filled. Clear markings around the Jacuzzi would be doable. Page 4 of 7

5 Ms. Daigneault asked where the markings would be. The Health Director stated on both sides of the Jacuzzi on the surface. He asked how quickly signage can be done. He was advised that the pool is not open yet so it can be done before it opens for the season. He added that the local Board approval needs to go to the state. MOTION: (Ms. Craig) To approve the variance request for walking around the pool and add signage on top of Do Not Sit, Stand or Walk on Edge. Seconded: Ms. Daigneault IV. Variance Request State Swimming Pool Regulations Jolly Captain Condos, 1376 Bridge Street, South Yarmouth The Health Director gave the background of the variance request. The condos have a pool with two steps which meet the code but the association would like to put in plastic protruding steps that will require a variance due to members who use the pool with hip and mobility issues. The state is concerned regarding the sturdiness of the stairs. The unit was there last year and removed but it is now back before the Board for a variance request. Unit owner Frank Pedro, board member Kathy Robitaille and property manager Peggy Parsons represented the condo association. Mr. Pedro provided additional pictures of the property. He stated that it is a 19 unit complex and the pool was part of the original structure and was built into the wooden structure. There are two ladders which are compliant with the code. The wooden deck was extended last year to enhance compliance. The request for the variance is due to access issues. The average age of the owners is getting older. Children must be accompanied by a parent or guardian at the pool. There is a resident pool attendant. The condo association is trying to improve the safety of pool access. There is a sandbag that anchors the bottom of the stairs to secure it and it doesn t move. The holes on the stairs are to prevent algae from growing on pool. The concern was the hole being a toe catch. The condo association found a mesh and epoxy to cover the holes. Ms. Daigneault said that she was in favor of the stairs but agreed that the holes need to be addressed. It is an important addition to allow the members to use the pool for their health. The Chair asked about the caps. Mr. Pedro stated that the caps were not needed. The height/transition point on the deck was created to make a flush piece with the top step to prevent a tripping hazard. Ms. Daigneault asked for pictures when the work is completed. The Health Director said that once the Board approves the variance, it will be sent to the state. Page 5 of 7

6 MOTION: (Ms. Daigneault) To approve the variance request for pool stairs with additions for Jolly Captain Condominiums. Seconded: Dr. Boskey Page 5 of 7 V. Violation Town of Yarmouth Tobacco Regulation Cape Cod Farms II, 252 Route 28, West Yarmouth The Health Director advised that during a county compliance check, cigars were purchased by someone under 21 years old. The fine of $ has been paid. The store has had no other violations. Owner Khalil Naoum apologized for the sale. He said that it was the first time the clerk had sold. He said that she is a very good employee. He is now holding meetings with all employees to review tobacco policies. He has requested information from the manufacturer of the cash register to determine if it can be fitted with technology that will ask for an ID if the clerk pushes button to purchase tobacco. He is willing to do anything the Board suggests. The Chair stated that the owner should continue employee training and it should be done twice a year. Any new employee should have individual training. Ms. Craig asked if the employee understood the violation. Mr. Nauom replied that she did and understands that she will be fired if it happens again. Ms. Daigneault said that the software sounds like a good idea if it is available. VI. Approval of Minutes of Board of Health Meeting of May 23, 2016 Under III. Hearing Variance Request 266 Long Pond Drive, South Yarmouth, third paragraph, second sentence to read: She would like to see the septic tank replaced due to noncompliance with Title 5. MOTION: (Ms. Craig) To approve the minutes of May 23, 2016 as corrected. Seconded: Ms. Daigneault VII. Other The Health Director advised that the Health Department, Building Department, Police Department and Town Counsel are working on condemning a property. The owner is in a nursing home and her sons are unavailable. Currently there are squatters in the house. The Board needs to condemn the house in order for the Police Department to remove the trespassers per Town Counsel. There will be a meeting of the Board on June 27, 2016 so Page 6 of 7

7 the Board can issue the order. A letter is being written and will be presented to the Board at that meeting. The meeting will be in Hearing Room A and will include Board of Health interviews of candidates for Board of Health opening. The Health Director will notify the Board of Selectmen of the interviews. VII. Adjourn There being no further business, the Chair adjourned the meeting at 7:15 PM. Respectfully submitted, Charles Holway Clerk Minutes Taken by Amy vonhone Page 7 of 7