Whitman Select Board Hears Heated Animal Noise Complaint

Resident's concerns about neighbor's roosters and dogs lead to tense discussion, but no action taken due to existing bylaws

WHITMAN, MA - September 17 - The Whitman Select Board heard a heated complaint from resident George Mager about noise from his neighbor's roosters and dogs during their meeting Tuesday night. Mager, who lives next to Laura Howe at 185 School St., claimed he has been dealing with uncontrolled barking and rooster crowing.

Howe participated in the complaint as a property owner, sitting in the audience and setting aside her roles as a Select Board member and Animal Control Officer.

"For the past three years, which is over a thousand days, I've been awakened about four o'clock in the morning because of this screaming rooster and animals," Mager told the board. He argued that the noise was causing sleep deprivation and potential health issues.

Mager expressed frustration with previous attempts to resolve the issue through local authorities. "I've contacted the police, but they have not been helpful," he said. He also mentioned bringing the matter before the Select Board two to three years ago.

In response, Howe defended her property rights and animal ownership. "I have a legal kennel license, and I have a legal chicken license. And we are a right to farm community," she stated. Howe also accused Mager of harassment and threatened legal action.

The discussion became tense, with both parties exchanging accusations. Howe presented a letter from her lawyer dated July 28, 2009, alleging past harassment from Mager, including throwing rocks at her dogs and filing false reports.

Select Board members reviewed a recent report from Board of Health inspector Dan Kelly, who found no issues with Howe's property. The report stated, "My inspection turned up no issues. Both the coop and the kennels were clean. All animals looked healthy and had fresh food and water."

Board members noted that a previous citizen's petition related to this issue had been voted down at a Town Meeting. Select Board Vice Chair Dan Salvucci explained, "If town meeting says that, whether I agree or disagree, I have to do what they say."

The board ultimately determined they could not take action due to existing bylaws and the previous Town Meeting vote. They suggested Mager could file formal complaints through proper channels if he wished to pursue the matter further.

Board member Shawn Kain advised, "You can try another route and maybe reach across and try to be kind of cordial and figure this out together and compromise, but right now, I think it's Ms. Howe's prerogative to own chickens and have dogs."