Pigeons can fly back to the coop
Published on October 7th, 1998
STONEHAM, MA - The Board of Health and a Collincote Street resident reached a compromise last week regarding the raising of homing pigeons in the man's backyard.
Despite the absence of neighbors who had successfully petitioned the board in August to have the birds removed from the neighborhood, George Grafton was allowed to keep the birds he raises for sport under the condition that he reduce the number of birds from approximately 30 to 20.
Also required is a written statement from Grafton regarding actions he will take to minimize the impact of his hobby on the neighborhood.
Grafton was represented by local attorney Kristian Asgeirsson who appealed the board's earlier decision regarding revocation of Grafton's permit due to concern for the health and comfort of the neighborhood.
Asgeirsson cited records of three previous visits by Health Agent Lou-Ann Clement to Grafton's yard and neighborhood, which found no health violations. In particular, he noted a July 21 report signed by Clement which read "...At this time, I see no health issues..."
On August 12, according to Asgeirsson, Clement's written report found evidence of pecking on a neighbor's roof. This finding, however, provided no evidence that the damage was done by Grafton's birds.
"These birds aren't known for their pecking," Asgeirsson stated.
That same report also cited two spots of bird droppings on the lawn furniture in the yard of abutters Richard and Mary Branson. Again, Asgeirsson questioned the evidence that tied those droppings to Grafton's birds, calling the making of such a connection a "huge leap," since, he asserted, any yard in town might have at least the same findings from a variety of birds.
Grafton stated that the area has a huge flock of common pigeons due to the number of Main Street restaurants nearby. While young common pigeons can get mixed in with his flock, Grafton stated that racing pigeons such as his do not attract them.
At the August hearing the Bransons alleged that Grafton's pigeons mess their yard, pool and house, in addition to perching on and pecking at their roof.
"This has been a continuous, ongoing thing. We can't have people over," stated Mr. Branson at that time. "We don't want them around us...I don't see why we should put up with it."
Clement said at the August hearing that although her report identified no health issues, she did not take into consideration the comfort of the neighbors. It was largely that issue on which the board voted to revoke Grafton's license.
Board of Health Chairman Michael Rolli advised that the permit originally granted to Grafton was conditional on there being no complaints from neighbors.
Asgeirsson countered that if Grafton's permit was conditional, it would specify on it what the conditions are.
"It starts to sound that it's somewhat arbitrary and based on whim rather than set rules," stated Asgeirsson.
He submitted to the board a sample ordinance that he obtained from the American Racing Pigeon Union, to be used by cities and towns as a basis for regulations regarding such situations.
"It's possible to use (the sample) as a basis for something...to assist in making this less arbitrary and capricious and more fair to everyone involved," Asgeirsson said.
"Everything I've seen from the record is entirely insufficient to determine any health problems to the community," stated Asgeirsson who requested that the order for revocation be rescinded.
Town Counsel William Solomon asked Grafton to consider cutting his number of racing pigeons in half with the intention of making their presence less of a nuisance to the neighbors. He also requested that Grafton submit to the board a written plan of other measures, particularly regarding maintenance and feeding, that he could implement to minimize the impact on the residential neighborhood.
After conferring with his client, Asgeirsson requested of the board permission for Grafton to keep all his birds for the remainder of the racing season at the end of October.
In addition, Asgeirsson stated that Grafton would agree to reduce his stock of birds, but requested that number be 20, in order for Grafton to continue racing the birds.
"If you're not racing the birds, you're just feeding the birds... He's not trying to be difficult, but you need a certain number to keep going as racers," stated Asgeirsson.
With board member Louis Golini absent from the meeting, members Michael Rolli and Ben DiRusso voted in favor of the reduction to 20 and gave Grafton until November 15 to have his flock size reduced. Grafton is also required to submit his written recommendation to the board regarding minimizing the neighborhood impact of the birds within 10 days. Rolli suggested that Grafton's attentiveness to the Branson's use of their yard and pool be considered in the written submission. Grafton's permit expires at the end of the year.
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