Concord Board of Health amends written order after Unit 106 odor nuisance appeal

The Concord Board of Health on Feb. 25, 2026 heard an appeal from a tenant at 18 Nathan Pratt Drive Unit 106 after an Order to Correct was issued following a confirmed smoke odor outside the unit.

Public Health Director Melanie Dineen and Inspector Michael Funaiole told the Board that during a follow-up inspection on Jan. 27 an inspector detected a strong smoke odor outside the unit, prompting the Order. Tenant Tracey Flaherty said she does not smoke in her apartment and that she had been burning incense and sage; she told the Board she stopped doing so after receiving the Order. A friend, Cynthia Pierce, asked the Board to vacate the Order to avoid eviction proceedings Pierce said her friend was facing.

After reviewing documentation and testimony, the Board agreed an odor nuisance had been observed but determined the written Order’s language should be revised to avoid implying more than the evidence showed. The Board specifically found no definitive evidence in the record that the occupant was smoking cigarettes or marijuana in violation of a lease. Chair Jim Whalen presented an addendum to clarify the order’s language; the Board voted unanimously to approve the amendment.

The Board’s action amends the written finding to reflect what the inspector documented (an odor nuisance detected outside the unit) while removing language that could be read as asserting a particular substance was smoked. Board members noted concerns about the tenant’s housing stability and lease compliance during discussion but did not overturn the determination that an odor nuisance had been observed.

The Board recorded the roll-call vote as unanimous in favor of the amended language.