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Kennedy Avenue residents complain of smoke from neighbor's fire pit; council cites private-nuisance limits
Summary
Residents Mary Ann Collins and Cristian Zamfir showed photos and video at the Oct. 25 meeting alleging persistent smoke from a neighbor's backyard fire pit that they say has caused health problems; borough officials said the matter appears to be a private nuisance and advised filing documentation while the attorney reviews materials with the prosecutor.
Two residents of 150 Kennedy Ave. told the Ogdensburg Borough Council on Oct. 25 that smoke from a neighbor's backyard fire pit has sickened them and urged the borough to act.
"Our neighbor that lives at 55 Yurchak Road... he built a fire pit and loves burning wood and smoke to the point where we have a fog in our back yard," said Mary Ann Collins, who told the council she and a neighbor have physician-documented conditions they attribute to smoke inhalation. Collins said she and others had photographic and video evidence and requested the council's assistance.
Resident Cristian Zamfir displayed photos and explained his presentation to the council. He said the neighbor burns materials that produce a lot of smoke and, when asked by the mayor, asserted the neighbor had burned household trash; the mayor and attorney sought specific evidence of that claim.
"This is not the proper forum if you have a complaint with a neighbor and this is a private nuisance," Borough Attorney Robert McBriar told the speakers, adding the town and the county had investigated previously and that he had been copied on an email he said he was reviewing with the prosecutor. He advised the residents to provide copies of their photographs and video to the clerk for the record.
Mayor Hutnick said the borough has "maximized what the town can do" and described prior private discussions with the residents about the issue. The minutes record that councilors asked questions during the presentation and that the attorney cautioned about hearsay and appropriate legal avenues.
The council did not adopt any formal enforcement action during the public meeting. The minutes indicate the borough will keep the submitted materials on file and that the attorney is reviewing the matter with the prosecutor; whether further municipal action is possible was not resolved in the public record.
