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HomeMy WebLinkAbout1952-02-15140 BOARD OF HEALTH MEETING February 15, 1952 A regular meeting of the Board of Health was held in the Selectmen's Room, Town Office Building on Friday afternoon, February 15, 1952, at 3:00 P.M. Chairman Cosgrove, Messrs. McQuillan and Russell were present. Mr. Jackson, Health Sanitarian, and the Agent were also present. Application was received from the Estate of Trans. Frank P. Reynolds, 31.E Main Street, Concord, for re - of newal of permit to transport garbage. Garbage Upon motion of Mr. McQuillan, seconded by Mr. Russell, it was voted to renew the permit. Application was received from Ernestine Brooks, Brooks 140 Reed Street, for a permit to keep poultry in poultry connection with 4-H work. Mr. Jackson reported that permit none of the neighbors object. Upon motion of Mr. McQuillan, seconded by Mr. Russell, it was voted to approve the application and grant a permit to Ernestine Brooks to keep 15 poultry at 110 Reed Street. Application was received from the Pine Hill Pine Hill Turkey Farm for renewal of permit to keep 5,000 turkey turkeys. permit Upon motion of Mr. Russell, seconded by Mr. McQuillan, it was voted to approve the application and renew the permit. At 3:3O P.M. Mr. Stevens, Town Counsel, and Mr. Burns, Su/pit. of Public Works, met with the Board. The Chairman asked what the Board could do about the situation on Gleason Road where Mr. F. R. Stevens has connected to the storm drain. Manor Mr. Stevens reported that this particular case sewer is apparently going to be taken care of. Mr. F. R. connect. Stevens wants the connection made as soon as possible after the first of March and he has asked the Town to do it. He will have to make a deposit first and Mr. Burns is to let the Town Counsel know if Mr. Stevens does not make the deposit. Mr. Stevens said that the Statute gives the Board the power to order the owner or occupant of buildings to connect to a common sewer when there is one. 1 141 He explained that this can be done by adopting regu- lations to enforce the connection when a sewer becomes available. Mr. McQuillan said that when the North Lexington sewer was put in, the Board of Health designated a period of one year for connections, but he thought the Engineering Department felt that there was so much work to be done all the Manor connections could not be done. Mr. Burns asked how the Town could require the people to connect if they did not have the money to pay. The Town requires the money in advance because there is no way of recovering. If the money is not paid in advance there are some cases where the Town would never collect. Mr. McQuillan said that from the Town's stand- point it seems too bad to spend money to build sewers and then have less than 50% of the property owners connect. Mr. Burns said that the Manor sewer wasrather a special case. The developer went in and built the streets and houses and installed drainage in the streets. Many of the houses were then connected to the drain. The response to the sewers that have been built since then has been very good. About 90% or 95% of the people in the Farmcrest section have connected and the Fair. Oaks section is the same way. He has also had good response from the Follen Hill section. One of the reasons for the good response in these sections is the fact that the developer did not install drainage. Mr. Stevens said that there are apparently enough people in the Manor connected with the drains to go after them without adopting an order to enforce everyone, including those not having trouble, to con- nect. Letter was received from A. Randall Soderberg, 51 Dexter Road, stating that there is a blockage in the drainage system on Dexter Road and, as a result, is backing up through the drainage system into his driveway which is connected to the town drain. He stated that there is a definite odor of sewage in the water that is overflowing into his driveway and running down the street. Mr. Burns reported that out of 367 houses there are 215 connected to the sewer, but it is difficult to determine which houses are connected to the drains. 1.42 Mr. Stevens said that if it is suspected that a certain group are connected to the drain, a dye test could be made and then those connected could be ordered to connect to the sewer. If they refuse, a complaint can be filed in the District Court and the Statute provides a penalty of $200. He said that the people in the Manor noir connected with the storm drain should be ordered to connect with the sewer. He asked how much of a job it is to take a dye test and Mr. Jackson said that he would have to open the catch basin and run two quarts of solution in the sink or bathroom. He said that he might be able to tell by just looking at the catch basin. The Chairman asked if a dye test would be recog- nized in Court and Mr. Stevens replied that all the Board needs in Court is an order. He said that the people should be given an opportunity to meet with the Board and tell their story and if the Board thinks, from a health angle, they should connect with the sewer the Board can order them to do so. Mr. McQuillan suggested that the Board write -a letter to all property owners not connected with the sewer advising that they must connect. Mr. Stevens said that if there is an area where the Board believes a number of people are connected to the drains, but it cannot be determined without digging, he thought there would be a good reason to say that in that area everyone must connect with the sewer without adopting a rule that would apply to the rest of the Town. He asked how many houses are not connected and Mr. Burns replied that there are about 122 out f 367. He said that it will cost each person between 125 and $150 to connect not including the cost of plumbing changes. He said that if the Board orders these 122 houses to connect he will have to have about $15,000 more in his budget because the. money has to be provided. Mr. Stevens explained to the Board that the people pay for the connection, but that is not the money that is spent and in a sense it is a revolving fund. He said that there should be enough money made available by the Town Meeting to take care of this. He said that the deposits go to the Excess and De- ficiency Account, but Mr. Burns has to pay it out of his appropriation. Mr. Burns said that he would not want to make any connections after the firs of Novem- ber. Mr. Stevens said that he supposed a letter would be written to the property owners pointing out the pro- visions of the Statute. He said that from the point of view of going to Court he would rather set the date for connecting not later than September 15th. ' 1 143 Upon motion of Mr. McQuillan, seconded by Mr. Russell, it was unanimously voted: That whereas -the so-called Manor Sewer was constructed in Bedford Street, Bertwell Road, -Blake Road, Brook Street, Dee Road, Dexter Road, -Eaton Road, Gleason Road, Harding Road, Hillside Terrace, Ledgelawn-Avenue, North -Hancock Street, Preston Road, Reed Street, Simonds Road, Sunny- Knoll Avenue, Valley -Road, Williams Road, --Liberty Avenue and Candlewick Close, to relieve a dangerous health situ- Order re: ation, and -has been available for connections thereto Manor since July, 1948, and -whereas the existence of homes in Sewer that area are not connected to the sewer represent a con connection) tinuing,danger to health, it is ORDERED that the owners or occupants of all houses in so-called Manor Section cause them to be connected to the sewer not later than September 15, 1952. Mr. Stevens said that the Board of Selectmen should be notified by letter -of the action by the Board of Health so that the subject can be taken up with the Appropriation Committee. Mr. Stevens said that he would like to take upwith the Board the subject of dumps and referred -to the_ dump on Lowell Street very close to the Burlington line. He said that the question of refuse collection by Sweeney Motor Trucking Co. has also come up. He suggested that the Board amend Chapter 4 of the --Board of Health Regula- tions by adding the following paragraph: _ AMENDMENTS TO CHAP1EH IV OF BOARD OF HEALTH REGULATIONS ADOPTED AT MEETING HELD FEBRUARY 15, 1952 9. No person, firm'or corporation shall remove or transport any house dirt, refuse, rubbish or waste mater- ial of any description through any public street, court, lane or way without first obtatining a permit from the Board of Health, and provided further that he shall re- move and transport the material herein mentioned in ac- cordance with auth provisions as may beset forth in the Rules re: permit and with such reasonable rules and regulations as Rubbish may be established from time to time -by the Board. -All collection such permits shall expire on December 31 of the year in which they are issued, but may be renewed annually. They May be revoked by the Board at any time for cause. No permit shall be transferred except with the approval of the said Board. No person, firm or corporation shall re- ceive such permit without first paying to the Clerk of said Board, for the use of the town, the sum of two (2) dollars. 144 Carts or .vehicles used for transporting the material herein mentioned shall be water tight and be securely covered with a wood, metal or canvas cover. Nothing in this section shall be so construed as to prevent a householder from disposing of such material from his own household without a permit from the Board of Health provided he shall remove, transport or dispose of such material in a manner satisfactory to the said Board. No. 10. No person, firm or corporation shall use, or if the owner or in control thereof permit or allow the.use of, any water or land within the Town as a dump, either -public or private, or as a place of disposal of garbage, offal, offensive material, house dirt, -refuse, rubbish or waste material of any description, whether for the purpose of filling the water or land -or otherwise, unless a permit therefor has first been issued by -the -Board of Health to the owner of the water or land and unless such use "com- plies in all respects with such provisions as may be Set forth in the permit and with such reasonable. rules and regulations as have been established'or may from time to time be established by said Board. The foregoing shall not apply to dumps maintained by the Board of Selectmen under Article VII of the General By -haws of the. Town. All such permits shall expire'on December 31 -of the year in which they are issued, but may be renewed annually by the Board. - They may be revoked at any time by the Board and shall not be transferred except with the approval of the Board. The fee -for such permit shall -be two (2) dollars per year. The owner or one in control of any land or water in or on which any of the above-mentioned material -has been placed in violation of the foregoing shall remove the sane when ordered so to do by the Board'of Health and within the time specified in said Order. -Upon motion of -Mr. McQuillan, -seconded by Mr. Russell, it was -voted to amend Chapter 4 of the Board of Health Regulations adopting the above amendment. Mr Stevens recommended that no permit to col- lect refuse be given to Sweeney Motor Trucking Com- pany and -that a representative of the firm be invited to meet with the Board and submit further information on the method of collection. 1 145 The Chairman said that Mr. Sullivan, general manager of the company, is going to call him and that he will advise him that the Board desires more detailed infor- mation about what he proposes to do. Mr. Stevens advised the Board that following pub- lication of the• amendment to Chapter 4, Forsythe and Maybe and Paone, and any others collecting refuse will have to obtain a permit from the Board of Health. Mr. Stevens discussed the permits issued by the Board for Transportation of Garbage and said that all they need is to register with.the Board of Health and Trans. of that a permit is not required. As it is now, the per- Garbage mits issued give the concerns the right to pick up garbage in Lexington. Mr. Stevens referred to Mr. John Brucchi who is keeping animals in violation of the permit "issued by the Board. He explained that -the Board has to have more than just a complaint received from someone, but must be on reasonable -facts. He questioned the advisability of taking Mr. Brucchi to Court with -a permit granted for 200 pigs on the next property. He said that he -wanted to point out that the Board should have something more than just a complaint to go to Court. He agreed to view the premises with Mr. Jackson. Messrs. Stevens and Burns retired at 4:50 P.M. The Health Sanitarian's Report for the period from January 18, 1952, to Pebruary 14, 1952, was noted and placed on file. The meeting adjourned at 5:00 P.M. A true record, Attest: Brucchi