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e Decision of Lexington Board of Health on Complaint of Russell B. Mason, and others, Against Walter J. McDonald, Concerning the Keeping of Horses at 14 East Street, Lexington The Board of Health ("Board") heard evidence and arguments on this matter on September 11, 1972, and April 4, 1973. Walter J. McDonald of 14 East Street, Lexington, has applied for and been granted a permit by the Board pursuant to G.L. c.111, §155, and the Board's Rules and Regulations ("Regulations") c.VII, §7, to keep horses at his premises at 14 East Street. Such permits have been granted annually to him since September 1965. The number of horses covered by the permit was originally two, but increased to three in 1969. Russell B. Mason has resided at 1 Frost Road, Lexington, since 1966. His property is separated from the McDonald property by an intervening lot and by Frost Road. The distance of the Mason residence from the McDonald prop— erty is approximately 200 feet, and a thick row of trees and bushes separates them. Horses are also kept on other, nearby lots. Mr. Mason brought to the Board a petition, dated July 30, 1972, stating that four reasons existed why horses should not be permitted to continue to be kept on the McDonald property. The petition was signed by thirteen people, in addition to Mr. Mason and his wife. The Board has considered each of the four reasons, and certain other facts and allegations presented at the hearings, and for the reasons stated below refuses to order removal of the horses from the McDonald property. 1. Nuisance from horse dander. There was undisputed evidence, which the Board necessarily accepts, that the Mason children suffer from an allergy to horse dander. Horse dander is shed by horses, especially when they are curried.