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HomeMy WebLinkAbout1961-04-21473 SPECIAL MEETING OF BOARD OF HEALTH APRIL 13, 1961 A special meeting of the Board of Health was held on April 13, 1961. Mr. McQuillan, Chairman, Mr. Charles Cole and Health Officer Mark D. Lurvey were present. The reason for this meeting was to discuss Lot 29, Rolfe Road, Lexington, Massachusetts, which Mr. Lurvey reported to the Board as being unsuitable for building purposes from an overall drainage point. It was decided that before a building permit can be approved for this lot or Lot 28 Fessenden Way, the land must be properly drained and filled so that no standing water is noticeable. BOARD OF HEALTH MEETING APRIL 21, 1961 The regular meeting of the Board of riealth was held at 3:30 P.M. Friday, April 21, 1961 in the Selectmen's.Room of"the Town Office Building. Memebers present were Chairman, R.L. McQuillan, Dr. William Cosgrove and Health Officer, Mark D. Lurvey. Minutes of the March meetin were approved as read. Minutes of the Special Meeting, April 6, 1961 were approved and minutes of the Special Meeting April 13, 191 were approved. The wife of the proprietor of the Early Bird Restaurant came before the Board at the request of Mr. Lurvey. Mr. Lurvey explained to the Board that when he inspected this establishment in Nov. EARLY BIRD ember he told the owners they must clean the place thourghly, RESTAURANT wash walls, paint the kitchen, clean the storage area and also Mr. Lurvey reported he had found, at that time, they were not using any sanitizer for the dishes. On April 18, 1961 his in- spection revealed that the meat slicing machine was in need of cleaning and the'cutting board in the kitchen had a crack in it that food particles were gathering in. The cooking equipment was in need of a good cleaning. The kitchen walls had not been painted and the floor was in need of washing. The silver drawer was in need of a good cleaning. The swab test at this inspection were very bad (the count being TNTC). Mrs. Dini said they tried to keep the place clean and they felt Mr. Luvey was a very mean man about the inspections. The Board explained that Mr. Lurvey was only doing his job and -the plate counts showed that the dishes were not clean. Mr. Lurvey explained that the dishes must be left in the san- itizer for at least 2 minutes. Mrs. Dini said she didn't understand that but would carry out those instructions from now on, she also explained that they were waiting for a plumber to do some work in the kitchen. 474 Mr. Lurvey said it would be better if they painted the kit- chen and then touched up the walls after the plumber had done the work. Mrs. Dini said she would see that the work was done. Mr. Lurvey said they must keep after the equipment at all times. Mrs. Dini assured the Board and Mr. Lurvey that they would do their best to keep the place clean. The Board again told Mrs. Dini that Mr. Lurvey was only doing his job. Mrs. Dini then retired. POTTER'S Mr. William Potter, Walnut Farm Trust, requested to come PIGGERY before the Board for a few minutes to ask for an extension of time in the removing of the pigs from his property and also to let the Board know that the termination of his business was being brought to an end as soon as possible. Mr. Potter said he has been getting rid of the stock as quickly as possible and there had been no new pigs on the farm this winter but he will need 2 months more to complete the removal of all pigs. LOT 29 ROLFE RD. Mr. McQuillan said he though the Minute Man Highland group would be reasonable, although they had brought suit against Mr. Potter. Mr. Potter said there was no suit pending now. eeN 1 1 Dr. Cosgrove said he didn't see where the Minute Man Highland group could object when they could see Mr. Potter was sincerely trying to terminate his business as soon as possible. Mr. McQuillan said the Board would grant the extension and asked Mr. Potter just how long he felt he needed. Mr. Potter and Mr. Potter, Jr., said they would need at least two more months. Mr. McQuillan said they would go along with that. Mr. Potter said they had sold all their breeding stock and so that would mean just time to finish selling the remainder of stock now on the farm. Mr. McQuillan said that the Board would let Mr. Potter know if they heard anything from the Minute Man Highland Association and also we would let the Association know that a two month extension had been granted. Mr. Potter and his son thanked the Board for their time and retired. Mr. White, President Benjamin Franklin Homes, Inc., Mr. Koren and Mr. Steve Russian; attorney for Mr. Koren, came before the Board to discuss Lot 29, Rolfe Road, Lexington, Massachusetts 1 475 Two -other residents from this area came into this meeting, Dr. Naqvi, 14 Fessenden Way, and Mrs. Sydney who also lives in this area. Mr. White said he felt he should first explain that this land or lot is owned by Wamint Realty Trust although the prop- erty is under general agreement to the Benjamin Franklin Homes, Inc. The owner does not take title to the property until the house is completed. Mr. White went on to explain that they had specifications made and roads laid with drains for building permits. In the case of the complaint about the water in this area Mr. White said he would prefer to consult with his attorney before answering any charges or making any statements concerning this matter. Mr. white went on to say that they have a gentleman at M.I.T. available for consultation at all times. The contract these people sign, that buy these lots and have Benjamin Franklin Homes, Inc., build their homes, definetly states that the home owner is respon- sible for the grading of their Lot. The contract states that the Benjamin Franklin Home, Inc. is only responsible for the grading around the septic system and seeing that the drainage around the septic system is satisfactory. Mr. White said they have taken tests to find the water level in this area and find it is lower than last years. Mr. White ex- plained that the Board of Health asked that this Lot be drained and filled before a building permit is issued. Anything 10 or 12 feet out from the Septic System is not Benjamin Franklin Homes, Inc. responsibility. Mr. McQuillan said the builder does not have to worry about the homes that have been built but that the Board of Health always has to be careful when the new homes are built that the other homes around are not affected by impvoper drainage and that the grades of all lots and the grading of all property is done in such a way that the homes in the area are not affected by puddles or standing water in any great amount. Dr. Naqvi said the complaint we have is with the Lots now under construction and the fact that the only area graded is around the septic system which drains off and makes large standing puddles also some of the other lots are very swampy. Dr. Naqvi then pro- duced a hand drawn map of the puddles and standing water as they were at this time. He also explained that there was no house located on the lot where the largest amount of water was standing. Mr. Sidney explained that beside her lot was an easement for a drain. Originally a natural brook ran t hrough this area which acted as a natural drain and took care of all this water but now that the brook had been filled in and also filled in such a way that the water now drains into the easement and just stands there. Dr. Naqvi said they changed the natural drainage of this area by filling in the brook. 476 Mr. White said he did not rerlize this meeting was going to -be as involved as this and he had only come prepared to explain about the filling and drainage of Lot 29 and Lot 28. Mr. White further explained he had asked Mr. Koren to come with him as he is the prospective owner of Lot 29. Mr. White said he would be glad to have an engineer come in and study the problem in question and also to go over the drain that has been set up. Dr. Naqvi said he wanted to bring the problem of the standing water to the Board of Health/8 attention. Mr. Lurvey said as the water is being blocked and backing up and therefore causing trouble for the neighbors then further study of the situation will have to be made by the Health Department. Mr. Russian, Attorney for Mr. Koren, said he did not realize this meeting was going to be of this nature or he would have made further study of the situation for his client. He had just come to the meeting to see that Mr. Koren was taken care of. The Board agreed that this meeting was only to talk about Lot 29 and the other problems brought up at this time would have to be investigated further by the Board of Health. Mr. White gave the Board plans of the approximate existing grades and the approximate finished grades of Lot 29, Rolfe Rd. Mr. White proceeded to explain in full about. the various elevations and proposed drains for this lot. Mr. McQuillan explained that this was entirely an engineering problem and therefore before any decision could be made we would have to have Mr. Lucas of Whitman & Howard, Inc. come out and go over this area and also the plans for grading and draining of Lot 29, Rolfe Road. Mr. Lurvey said he felt the Lot should be graded before the house was built. He realized this was a lot of extra work but in his opinion it was necessary with this particular lot. Mr. White asked if he sent Mr. Lucas a copy of the proposed grades and also if Mr. Lucas assured the Board that the water problem would be solved by these grades would the Board then be agreeable to approve the Lot. Benjamin Franklin Homes, Inc. was very anxious to proceed with the work in this area. Mr. White went on to say that as this is an engineering problem and if the engineer is satisfied that the grades shown on these plans are okay then it would be better to' wait until Mr. Lucas saw these plans before proceeding any further. Mr. Lurvey said Mr. Cole and I felt the grading should be done before the permit was issued. If this grading was done then there would be no question. Mr. Russian said if this proposed plan was approved by Whitman & Howard, Inc. then he would feel very safe that his client would be okay. Mr. McQuillan said we can go no further until Whitman & Howard sees this Lot and agrees to go along with these plans. 1 1 1 477 Mr. Russian asked if we would go along with Whitman & Howard, Lot 28 where most of the existing water is, is not owned by any one person, it is still in the Waymint Trust. Mr. Koren said I plan to live on Lot 29 and I certainly dontt want anything done that will create a Health Hazard. Mr. McQuillan assured the gentlemen present that if we grant the permit for this Lot it will be with the assurance that there will be no further trouble with the drainage. Mr. Lurvey said he would get in touch with Whitman & Howard and he also wanted Mr. Cole to study this plan and problem before any further decission was made. Mr. White, Mor. Koren, Mr. Russian, Dr. Naqvi and Mrs. Sidney thanked the Board for their interest and retired. The preliminary subdivision plan entitled "Munroe Estates" MUTNROE was approved by the Board. Whitman & Howard, Inc., checked this ESTATES subdivision and stated that all lots could be satisfactorily drained -by proper grading with the possible exception of Lots 9 14, 15, 16 and 19. The approval of this subdivision is also sub- ject to the installation of public sewage system. The preliminary subdivision plan entitled "Bowser Estates" BOWSER was approved by the Board. This approval was granted with the ESTATES assumption that the proper grades will be given to the proposed drains and all lots will be graded to avoid tester collecting in the low areas. This approval is also subject to.the instal- lation of public sewer being tied into the existing mains in that area: Letter from Mrs. Ruth Morey, Chairman Board of Selectmen, 34 WEBSTER* in reference to a discussion at the Board of Selectmen Meeting, ROAD April 17, 1961, relative to the sewage disposal system at 34 Webster oad was read by the Board. In this letter Mrs. Morey also asked for an explanation of the situation relative to the inspections and also whether the Town paid for the design and inspection of the second sewage disposal system. This letter also asked for further information as to the amount of engineering and inspection regularly given a clew disposal system by the Board of Health. After a discussion by the Board it was agreed that a letter be sent to Mrs. Morey, Chairman of Board of Selectmen, stating that the Board of Health would like to meet with the Selectmen at the regular meeting to discuss these questions. Dr. Cosgrove said if the Board of Selectmen would look back in their records (12 or 15 years ago) when all this building first began he told them it would be better not to allow this building unless public sewer was available. Mr. Lurvey told the Board that Mr. Yarwin has had his septic tank cleaned out and wanted to have the material now in the leach- ing bed replaced with something else. Mr. Lurvey told Mr. Yarwin he could replace the materials that were now there with new material 478 COURT HEARINGS of•the same -type but he could not sanction the replacing of --this sand t;pe material with stone because then the liquid would leach off this bed into the catch basin and create a definite sewage odor and that would create an unhealthy situation for the neighborhood. Mr. Lurvey explained to the Board that he had to arrange court hearings.f or the following: 38 Fletcher Avenue - Failure to connect to Public Sewer 83 Miriam Street - Failure to install System correctly 6 Freemont Street - Failure to connect to Public Sewer LOT 29 ROLFE The letter from Mr. Daniel Rosmarin, 5 Fessenden Way, ROAD stating that the excavation and filling activities conducted by Benjamin Franklin Homes, Inc., on the corner Lot of Rolfe Road and Fessenden Way had created a serious threat to the Health and Welfare of the neighborhood was read by the board. Since this lot and problem had already been discussed at great length this letter was placed on file. The letter to Mr. Daniel A. Rosmarin, 5 Fessenden Way, stating that a representative Brom Benjamin Franklin Homes,.Inc. was coming to this meeting to discuss this rroblem and Mr. Rosmarin was invited to attend this meeting was approved by the Board. Mr. Luirvey reported that Mr. Rosmarin had called and said he did not want to attend this meeting and did not want his name used in connection with t he complaint. The letter H.S.S. White, Benjamin Franklin Homes, Inc.,' requesting he attend this meeting was arproved by the Board. GARBAGE The letter to Mrs. Randolph Codman Bradshaw, 18 Eastern COLLECTION Avenue stating that her letter in regards to garbage collection had been referred to the Public Works Department by the Health Department was approved by the Board. 197 CONCORD The letter from Mrs. Elizabeth A. Northrop, 197 Concord Avenue, regarding the dumping of unsightly trash on both sides of Concord Avenue in Lexington near the Belmont Line was read by the Board. Mr. Lurvey reported that Mrs. Northrop had complained twice last year and he had the police checking this dump now. The Board instructed Mr. Lurvey to write to Mrs. Northrop and tell her that this matter is being looked into. Reports from Mr. Lucas, Whitman & Howard, Inc., engineer was read by the Board. LOT 13 MORE* Report on Lot 13 Moreland Avenue, stated that this lot LAND AVE. was visited on April 7, 1961 and the hole dug was not deep enough for a satisfactory test to be made. It was recommended that a larger and deepen hole be dug. 1-4 1 1 1 479 Report on Lot 25 Oak Hill Estates stating that -this -Lot had LOT 25 been filled in with new gravel. Percolation tests were made and OAK HILL the drop was practically zero. This lot could not be approved. ESTATES Report on Lot 6 Rolfe Road stated that Mr. Lucas talked with LOT 6 Mr. Green, Benjamin Franklin Homes, Inc., and a sketch by Mr. ROLFE RD. Lucas on the bottom of this report showiiig the general idea for the septic system agreed upon. Mr. Green is to submit plans to the Board of Health on this septic system. The letter from Dr. Alfred L. Frechette, Commissioner of POLIO Public Health concerning the latest information on Polio Vaccine VACCINE was read by the Board. The letter from the Middlesex Tuberculosis and Health Assoc- WALK-IN iation rega^ding the new walk in clinic at Middlesex Sanatorium was read by the Board. Mr. McQuillan instructed the clerk to write an article for the newspaper on this new clinic. The letter,from Mr. Edmund H. Stone, 11 Bryant Road, con- 11 BRYANT cerning the water in the rear of his property was read by the Board. The Board after a short discussion felt this was a drain- age problem'and should be referred to Public Works Department. Mr. Lurvey was instructed to write to Mr. Stone and tell him that his problem had been referred to the Public Works Department. The letter to Sister Genevieve, Lexington Academy of the Holy STREP Family, was approved by the Board. Mr. Lurvey explained that one THROAT of the parents had called and asked if we could notify the school as to the rules and regulations on Strep Throats. We sent a complete list of the rules in order that the school could have them on hand. The letter to Mrs. Arthur N. Landry, 5 Minute Man Lane, re- ANIMAL fusing her application to keep a horse was approved by the Board. PERMIT The letter from Dr. Howard Potter, 16 Clarke Street, was CHANGE OF read by the Board. The letter stated that a meeting of the STREP school physicians, other local physicians, Board of Health REGULATION representatives, school representatives and school nurses was held and at'this meeting it was the consensus of opinion that the regulation on Streptococcal infection be changed ko that the patient should be isolated one week or two days after the beginning of adequate therapy which must be continued for 8 additional days. Mr. McQuillan instructed Mr. Lurvey to take care of publishing this change in the newspaper and also notif- ying.the physicians. Letter from Lawrence H. Bode, 555 Marrett Road, stating he 555 MARKET would like a permit for 2 horses instead of 1 was read by the ROAD Board. Upon Mr. L rvey's report it was suggested that a letter be sent to Mr. Bode stating permission was granted for one horse but the Board will not approve the application for two horses. • Mr. Lurvey reported he had not had a report from Mr.. Herbert LOWELL Nickerson, State Sanitary Engineer, on the Arlington Sanitary gic SUMMER' Land Fill Program which was affecting the Summer Lowell Street Brook in Lexington. The Board suggested that Mr. Lurvey write to Mr. Worthen Taylor, State Health Department, about this pro- blem and ask for a report on this situation.