WILLIAMSTOWN, Mass. — The Board of Health Monday encouraged residents engaged in a dispute over roosters on White Oaks Road to work out a compromise between them.

 

But the parties' words at the meeting made it clear that they have some work to do to find common ground.

 

James Abdou of 392 White Oaks Road was back before the board to ask that it enforce the town's "Nuisance and Noisome Trades" regulation to abate the quality of life issue caused by the roosters kept on his neighbor's property.

 

At Monday morning's meeting, Abdou accused his neighbor of "weaponizing" the town's 2006 adoption of the Right to Farm bylaw.

 

Abdou said that last week he expressed his concerns in person to his neighbor and was informed that they might get some louder animals to add to the roosters on the property.

 

"By not acting, you're allowing people to weaponize the Right to Farm, specifically, in this instance, they're telling me, 'We're going to make it worse for you since you complained,' " Abdou said.

 

Daniel Onorato of 366 White Oaks Road told the board that Abdou was inaccurately characterizing that exchange.

 

"What I asked him was, 'If I decide to get a pig or a cow … 'I know there are rules I have to follow, but, 'If I get a cow and name her Daisy and she has a bell and starts mooing, am I going to get the same complaint?' " Onorato said. "That's what I asked him. Because a cow is louder than a chicken.

 

"I asked him, 'Am I allowed to get a cow?' "

 

Onorato characterized Abdou's behavior as "borderline harassment" and said Abdou had attempted to enlist other neighbors to join his complaint but had been unsuccessful.

 

Onorato also said Abdou does not live at the 392 White Oaks residence, saying that the Onorato family had been monitoring when Abdou's car was on the property.

 

Abdou told the board that the Onoratos were not being truthful when they said that they let the roosters out of their pen at 9 a.m., but even if he did, he can hear the animals while they are penned when they start making noise at 5:30 a.m.

 

Onorato cited the language of the Right to Farm bylaw, which reads, in part, "whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general."

 

Abdou told the board that since the Onorato family does not operate a commercial farm, it is not protected by the Right to Farm bylaw, which specifically defines farmland as, "used for the primary purpose of commercial agriculture."

 

The Onoratos told the board that the majority of their eggs and chicken meat are sold to friends and family. Health Inspector Jeffrey Kennedy told the Onoratos and the board that the family could sell eggs and unprocessed honey that they also produce on their 15 acre property at the Williamstown Farmers Market.

 

Abdou told the board again that a number of towns that have Right to Farm bylaws also have specific codes that either ban or curtail the raising of roosters. He cited some that require the pens to be 1,000 feet from neighbors. In June, he told the board that the Onoratos' pen is 100 feet from his home.

 

Board of Health Chair Erwin Stuebner agreed that it appeared the majority of towns in the state banned roosters at residences.

 

In response to questions from the board, Onorato explained that while roosters are not necessary for egg production, they are needed to produce fertilized eggs and, hence, more chickens. It is more cost effective to keep roosters to breed then it is to buy more egg-laying hens, he said.

 

Board member Devan Bartels suggested that the neighbors might be able to reach some kind of creative solution, whether that included putting an acoustic barrier between the properties, relocating the rooster pens or, perhaps, Abdou helping to pay for new hens.

 

Onorato indicated that a 1,000-foot setback requirement would be onerous but said that he would comply with any regulation the town put into effect.

 

The board members agreed that any new rooster-specific bylaw that, for example, created setback requirements, would need to go through town meeting.

 

Kennedy also noted that any agricultural regulations, including those in the health code, need to be coordinated with the Agricultural Commission.

 

Ag Commission Chair Sarah Gardner, who attended Monday's meeting, told the board that she would attempt to schedule a special meeting of the commission – which does not regularly meet in the summer – to meet with Onorato and Abdou about their issue.

 

Gardner, a strong advocate for farms and farming in the community, said she was sympathetic to both sides and indicated that a reasonable setback for roosters might make sense in the town's General Residence zoning district.

 

The section of White Oaks at issue is in the Rural Residence 2 district.

 

The board members agreed to revisit the issue after the Agricultural Commission has had a chance to hear from the parties and weigh in with the hope that the parties themselves will be able to find a resolution in the meantime.

 

In other business on Monday morning, the Board of Health voted unanimously to adopt updated tobacco sales regulations, incorporating changes recommended by the Tri-Town Health Department in South County.

 

The board this spring asked the agency to review the town's code to make sure it was inline with updated state law and best practices.

 

Much of the new language updates the town code's definitions. Among the substantive changes are updated fines for violations – $1,000 and license suspension up to 30 days for a first offense and $2,000 (and suspension) for a second offense within 36 months. The previous fines were $100 for a first offense and $200 and a seven-day suspension for a second offense within 24 months.

 

For three or more violations in a 36-month period, the penalty now is $5,000 and suspension up to 30 days; previously, it was $300 and suspension up to 30 days.

 

The newly adopted regulations also create a "sunset" clause for the town's six current tobacco retail licenses. It says that any license that is not renewed or is surrendered by the holder or which is revoked by the town will revert to the Board of Health and, "shall be permanently retired."

 

The board also on Monday acknowledged with gratitude the resignation of member Ruth Harrison and unanimously voted to recommend the town manager appoint Sandra Goodbody of Bulkley Street as her replacement.