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HomeMy WebLinkAbout1969-06-022 U d� Swimming Pool Permits - renewals Adams Pool, Inc. Five Fields Pool, Inc. Installers Permit Francis P. Burns, Littleton, Mass. Meeting was adjourned at 9:30 P.M. BOARD OF HEALTH MEETING JUNE 2, 1969 The regular meeting of the Board of Health was held Monday, June 2, 1969, at 7:00 P.M. in the Board of Health Office. Mem- bers present were Dr. William Cosgrove, Chairman, Dr. Charles Colburn, Mr. James Lambie and Robert C. Heustis, Director of Public Health. Dr. Cosgrove explained that he had a phone call from a Mr. Corey today and he requested a meeting with the Board for him- self and a Mr. O'Keefe and Mr. Price. They wanted to discuss the drainage on Lot 14, Carriage Drive. Mr. Heustis explained that these gentlemen had expressed concern regarding the high water table and the drainage of this lot in connection with their lots which abutts Lot 14. He went on to explain that Mr. Lucas of Whitmand & Howard had approved this lot with the condition that the leach pipes were kept at a height of at least 3 feet above the centerline street elevation. The builder had been notified of this condition and was acting accordingly. The Board discussed this problem and the background infor- mation was explained by Mr. Heustis. This matter was then tabled until Messers Corey, O'Keefe and Price arrived. read. The minutes of the May 5, 1969 Meeting were approved as The hearing scheduled with the Housing Authority for Tues- day June 3, 1969 was discussed by the Board. HEARING Mr. Heustis explained that according to Article II of the HOUSING State Sanitary Code the Housing Authority requested a hearing AUTHORITY on the Board's order to re -locate the garbage pails which were being placed in front of the buildings. Mr. Lambie said he thought that Mr. Melbye of the Housing Authority was going to get in touch with Mr. Heustis. Mr. Heustis said he had talked to Mr. Melbye and was told the Housing Authority was not going to do anything about the garbage pails. Mr. Melbye said they had five thousand dollars 05000) set aside for landscaping and the Authority felt that 2 this would take care of the garbage pails. The Board questioned Mr. Heustis on the location of the pails and how did he feel about the location. Mr. Heustis said the landscaping might take care of the looks of the pail in the front of the house but it would not eliminate the odor or fly nuisance which could develop. The Board asked what action could be taken after this hearing. Mr. Heustis said they could either enforce the original order or suspend the order whichever the Board decides after the hearing. The letters from Mr. Mortimer and Dr. Murtaugh stating MONTOURI they had no objection to Mr. Patrick Montouri keeping a pony HORSE on his property on Paddock Lane was read by the Board. PERMIT The Board instructed the clerk to issue Mr. Montuorits permit. The letter from Dr. Murtaugh also called the Board's DRAINAGE attention to the swamp land abutting the property on Paddock REAR PADDOCK Lane. This is Town owned property and Dr. Murtaugh stated that LANE the wetness was caused by lack of care on the part of the Town. He stated that several streams drain off which would drain off this area have been blocked for years. He has also brought this situation to the attention of the Board of Selectmen. Mr. Heustis said he had also questioned Mr. Gray, Exec- utive Secretary, about this problem and Mr. Gray has stated that the Town does not plan to do anything about the area. The Board suggested a letter be written to the Public Works Department and also a copy sent to Mr. Robert Armstrong of the Mosquito Control Commission regarding this condition. They also stated that a letter should be written to Dr. Mur- taugh stating the action taken by the Board. The copy of the letter sent to the Selectmen by Mrs. Margaret McCarthy regarding the blocking of the brook in the 458 MARRETT rear of 458 Marrett Road was read by the Board. ROAD OLD RES Mr. Heustis said he had checked one of the brooks which drains into the "Old Res" and that seemed all right. While he was there he checked the resurge rate of the "Old Res" and said he felt that this resurge was not as fast or as good as Mr. Cortell stated in his report. The Board asked if the work had been done on the "Old Res" yet. Mr. Heustis said the sand was in but he understood that the company that made the aerator Mr. Cortell had originally recommended had gone out of business, but he understood that they had located another type so the work would be started again but he did not see that this place would be ready for lith of July of this year. 1 1 1 1 6 Two articles on Fluoridation were presented to the Board for their choice and approval of one to be published in the Minute Man. The clerk explained that a letter To The Ed- FLUORIDATION itor written by Marianne E. Bernstein, PhD, in the May 29th issue of the paper had created many questions in the minds of the residents and the Health Office had received a number of calls regarding the Fluoride in the water. The Board suggested the article written in a question and answer form be used for publication with an additional question about dentifrice with fluoride added. The animal permit application for 50+ rabbits submittedJOHN BRUCCHI by John Brucchi, 63 Paul Revere Road, was discussed by the RABBIT PERMIT Board. Mr. Heustis explained the rabbits would be in addi- tion to a permit already approved for 8 horses, 3 cows, 4 goats, 200 poultry, 6 sheep and 2 deer. He went on to explain that Mr. Brucchi said he would be selling the rabbits for meat and also at Easter time there was a good market for baby rabbits. Mr. Heustis recommended that this application. be denied. NOTE Acreage owned by Mr. Brucchi checked after Board Meeting He has a total of approximately 24 acres. The Board voted to deny Mr. Brucchi's application for a permit to keep 50= rabbits because of the number of animals now being kept on the property and also the rabbits would be a business in a residential zone. The application for a permit to keep a lamb in addition DR. FOLEY to 3 horses now being kept by Dr. W.H. Foley, 3 Harrington LAMB PERMIT Road, was discussed by the Board. The. Board voted to deny this permit because of the proximity of this property to the center of Town and also because the area is residential - any more farm animals could create a nuisance. Mr. Heustis explained that he was recommending that the HOPWOOD renewal application to keep 3 horses by Frederick J. Hop- ANIMAL wood, 172 Burlington Street, be revoked or denied. He ex- PERMIT plained that the Health Department had received a number of complaints regarding rats and manure around this property. Also, when he made an inspection of the barn he found bags of grain open and rat holes around the foundation, and the general condition of the barn and surroundings area was very unsatis- factory. The Board voted to deny the renewal application for 3 horses for Frederick J. Hopwood, 172 Burlington Street. The clerk was instructed to notify Mr. Hopwood and the Board said they would give him a month to find other places for his horses. 268 The proposed plans for the addition and relocation of NEW OFFICE the Health Department was checked by the Board. It was noted PLANS that the office space for the clerical help was too small, also the over all space had been reduced by approximately 100 square feet. The Board agreed that if these renovations were voted at the Special Town Meeting being held that night that a letter be sent to the Selectmen immediately calling this to their attention and requesting either a meeting with their Board and the architect or notice that this would be corrected in the final plans. The clerk said she would also like to go on record as objecting to the lack of windows in the proposed office space designated for the clerical help. Mr. Heustis said the plans did not allow for a housing inspector in the event the Moderate Cost Housing was ever accepted. RESTAURANT Dr. Cosgrove said he had received a number of complaints on the restaurants in the center of Town. One person had brought silver into him from Brigham's which had food on them, another person had complained that the ceiling over the food service area was peeling in another restaurant, and there had been a number of complaints about hair in the food. Mr. Heustis said he had been inspecting the food establish- ments in the center. The dirty silver was poor handling on the part of the dish washers. He had spoken to all the operators about the hair restraints. He showed the Board 2 frappe con- tainers and an ice cream scoop that he had taken from Reed Drug Store because the finish was worn off and the utensils were pitted. Dr. Cosgrove instructed Mr. Heustis to keep calling back at these places until the violations were corrected. LOT 111. Mr. Corey of Bedford and Messers O'Keefe and Price of CARRIAGE Grove Street, Lexington, came before the Board to discuss DRIVE the development of Lot lj. Carriage Drive. Mr. O'Keefe, 250 Grove Street, said he wouldspeak f br the gentlemen on a few things and Mr. Corey had other things he would discuss* Mr. O'Keefe: We would like to know what Mr. Cahill plans to do on this lot. I have lived in my home for 10 years, Mr. Price 5 years and we do have a definite water problem all the time, in the Spring and late Fall it is very bad. We feel that when Mr. Cahill fills in and develops Lot 14 this will not only aggrivate our present problem but really make it much worse. Before I go any further I would like to thank Mr.. Heustis and Mrs. Jones for their help in this matter. Mr. Heustis spent about 3 hours with Mr. Price and I this morning and I feel that it has helped us understand the situation better. CR 1 1 269 We are not trying to be unreasonable about this or make it dif- ficult for Mr. Cahill, but Mr. Price and 1 are afraid this water situation we have lived with for so long will be aggrivated when the House is built on Lot 1L. We also feel that we should solve this problem now before Mr. Cahill goes any further with his plans. The Town has installed storm drains and easement drains which have helped some but we are worried that once this lot is built on and evened out with fill etc. we will have a real problem in the rear of our house with water that will just be ponded there and in the Spring this could be a regular lake. Mr. Heustis: I talked with Mr. Wenham, Assistant Superin- tendent of Public Works, in fact, we went out and looked at Lot 114 this afternoon. Mr. Cahill was there and he has agreed to grant the Town an easement on this lot and Mr. Wenham will have the Town install another storm drain in the corner of the lot nearest your lot line. Mr. Price. This easement will be on Lot 14 so that you people will not be affected at all. Mr. Wenham said he saw no reason why this would not take care of the water porblem.and no doubt would help your lots too. When we talked to Mr. Cahill he was of the opinion that most of this water was surface water very near the ground surface. Mr. Lambie: By ponding you mean a build-up of water, and you feel any work on this lot will cause all this water to cause this problem on your lots. Mr. O'Keefe: Yes, but we also are willing to Mr. Cahill go ahead if there is a solution to this. This whole area is very wet, every house has a sump pump going all the time. Mr. Heustis: The drain easement as stated today by Mr. Cahill will be 25 x 30 feet, the Town will install the drain and that should take care of all the lots. I would think this drain would improve the whole area. The alternate to that would be to build a swail or lay an open trench and lay drain pipes with open joints these open joints would act as interceptors. Mr. O'Keefe: We wondered if we can get any technical advice on this problem. I understand the Town of Lexington will survey for the elevations and the Town will install the catch basin but what if this does not solve the problem. We would rather have the catch basin than an open trench. When will this work be done? Mr. Heustis: Mr. Wenham said today that as soon as the ease- ment paper was signed he would have his men get right to it. I would imagine it will take about 10 days. Mr. O'Keefe: What happens in the meantime, can Mr. Cahill continue with this house or can you give us protection that nothing will happen to aggrivate our problem. Are you sure where Mr. Cahill is going to put the septic system. Mr. Heustis: He must put the system where the deep test holes were dug. If he should decide to change his plans then new test holes would have to be dug and new percolation tests made. Mr. O'Keefe; Who would check these new test holes if they were dug and what assurance would we have that any system put on this lot would not hinder us. Mr. Heustis: Any new work done on this lot would be checked by Mr. Lucas of Whitman & Howard. Mr. O'Keefe: Will he check the street elevations for that drain to be installed? Mr. Heustis: The Town Engineer will do that. I suppose if the Board has any questions or would prefer Mr. Lucas can also check the drain easement too. Mr. O'Keefe: We just want some assurance that our present problem will not be aggravated by this building and we would appreciate anything this Board ca do to protect us. I think I have covered Mr. Price and my own problem so I will turn to Mr. Corey. 064 1 Nr. Corey: I do live in Bedford, as was stated, but part of my property does extend into Lexington and abutts Lot 14 and 15 Carriage Drive in the rear of the property. I understood that until October of 1968 these lots could not pass a percolation test and therefore could not be built upon. I believe before I go any further I should tell you my qualifications for being as concerned as I am about this problem. I am a qualified Sanitary Engineer and I work with the Water Pollution Control Division, we work very closely with the Massachusetts Department of Public Health. Richard Albanese, State Sanitary Inspector, came out in April of this year and checked this lot and his report was not favorable at that time. I understand he was out again this week, I have not heard from him. Mr. Heustis: Mr. Albanese was out on Thursday the 29th of May he went over all the reports we have in this office on this lot. We made a site inspection and after seeing the reports and the lot that day he felt a system would work if the recommendations of Whitman & Howard were followed. Mr. Albanese is not an en- gineer, therefore, he has to rely on the information submitted by the Whitman & Howard, Engineer, as we all have. The reason these lots were not approved for building before was because percolation tests were never made before. Mr. Corey: I have prepared a written request that the building permit for Lot 14., Carriage Drive, be temporarily with- drawn until plans for this septic tank and leaching field location be submitted to the Board of Health Office. This plan should also include detailed information for the final grades and fill that will be used. Mr. Corey's written statement was presented to the Board. He had listed seven reasons for this request to withdraw the building permit on Lot 1)4 pending further review, or is sewered by public sewer. In summary the first six reasons were regarding the percolation tests made on the lot, the wetness of the lot, and the possibility of the development of the lot to impound water on the abutting property, namely his, Mr. Price and Mr. O'Keefe's. The seventh reason dealt with the possibility that a surcharge from the leaching field would run-off into a storm drain which discharges into a brook which feeds into the wells of the Bedford water supply. Mr. Heustis: These lots were approved by Mr. Lucas from Whitmand & howard, Inc. We agree that a plan was not filed and we have requested Mr. Cahill to file a plan as soon as possible. When Mr. albanese was out on Thursday, he saw no reason why a system placed in front or on the off side from Grove Street would not work all right if the Whitman & Howard Engineers recommendations were followed. When Mr. Lucas looked at the Lot in October 1968 the test holes dug and the percolation tests were made and the results reported to Mr. Lucas. These test holes were dug four feet below the leach field. Mr. Corey: Do I understand that this leach field will have to go where the test holes were dug, and if not the whole thing will have to be tested again? Mr. Heustis: That is right. Mr. O'Keefe: Do you figure a plan can be submitted within 10 days. Mr. Heustis: I do not know how soon Mr. Cahill can get an engineer to do this work, but all the data must be included in that plan. Mr. Corey: Will the plan also include the finish grades of the lot? Even with that new drain installed the water could be ponded on Mr. O'Keefe's and my property in the rear of this lot. Mr. Heustis: I have asked for a complete plan with finish grades included. After further discussion of this lot it was made clear by the Board that a plan of the sanitary system would be submitted by Mr. Cahill. Mr. Lucas of Whitman & Howard, Engineers, would check the plan before approval was made. Dr. Cosgrove also said he would want Mr. Lucas to check the drain installed by the Town. Mr. O'Keefe: I will go along with the experts on this thing. But I am still concerned with what we should do if this does not work. Dr. Cosgrove: I would suggest that you get a good lawyer to to work with you people on this thing. Mr. Corey: Can't you people cancel the building permit so that we can be assured that Mr. Cahill can go no further with this house. Mr. Heustis: We have no control over the Building Permit. We can suspend his permit for a septic system and notify the building department of our action, what action they take will be up to the Building Inspector, Mr. Irwin. Mr. O'Keefe: What if he can continue with his building. What action can be taken between tonight and 10 days from now. Can't you people restrain him from continuing this house, what legal protection can you give us? Dr. Cosgrove: We can only stop the construction of the septic system. If you people want legal protection I suggest you get a sawyer to act for you. Dr. Colburn: I feel that the points made have enough merit to suspend this permit pending approval by the Whitman & Howard Engineer of the septic system plan submitted by Mr. Cahill to the Board of Health. I put that statement in the form of a motion. Motion seconded and duly passed. Mr. O'Keefe: Now; this means you will suspend this per- mit and notify the Building Inspector. Mr. Heustis: Yes, but remember we do not have any authority over the actions of the Building Inspector. Mr. O'Keefe, Mr. Price and Mr. Corey said they felt satisfied that the Board of Health would do all they could to see that their present problem was not aggrivated any more, and that the Board had been very kind to allow them this hearing. They thanked the Board and retired. The following permits were signed by the Board: Food Establishments (renewal permits) Pine Meadow Golf Club Brewster's, Inc. Pewter Pot Muffin House Hancock Market Brigham's dba Buttricks Woodhaven Country Stores Anthony's Restaurant Powder Horn Golf Club Geoffroy's Pharmacy Edward Donovan, Canteen Truck Wardrobe's Pharmacy Reed's Drug Store Howard Johnson's, Inc. Town Line Pharmacy Swimming Pool Permit (renewal) Paint Rock Pool Corp. Methyl Alcohol Permit (renewal) Lawless -Mawhinney Motors Meeting was adjourned at 9:45 P.M. 1 1