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HomeMy WebLinkAbout1969-10-06285 that this be read and changes made in order to tighten the regu- lations governing the keeping of animals. The following permits were signed by the Board: Installer's Permit Lesrich Contracting Co., 169 Felton St., Waltham Food Establishment Permits Countryside Delicatessen Wilburs Food Service (Ledgemont Laboratory) Minute Man Restaurant Franklin W. Wells (Systems Development Cafeteria) Industrial Cafeteria (Itek Cafeteria) The Health Officer's report was checked and the high milk counts for Cumberland Farm, (both stores), Ware Dairy, Blue Ribbon Farm, and Brox's Dairy was noted by the Board. MILK COUNTS Mr. Heustis said Belmont Health Department had called and they would check out Ware Dairy, a representative from Brox Dairy had been in to see him and Blue Ribbon Dairy was working on their problem. Dr. Cosgrove said he thought the milk situation was pretty bad. He asked how many warnings are you going to send out, by the fourth warning I should think something should have been done. I would say from the looks of this report the warnings are not bring- ing results. Mr. Heustis said he had started taking 3 samples at the Mass- achusetts Avenue Store of Cumberland Farm but he would have to take 3 samples of each product before it would stand up in court. Dr. Cosgrove said he wanted the correct procedure in writing before we take any court action again on a milk company. Mr. Heustis said he would contact Town Counsel, Mr. Legro. Dr. Cosgrove said No, you go right to the State House and have them give you the correct procedure and I want it in writing. I want to make sure we have a case before we go into court again. The restaurant scores were checked and Mr. Heustis was again instructed to stay on these places. Meeting was adjourned at 10:00 P.M. BOARD OF HEALTH MEETING OCTOBER 6, 1969 The regular meeting of the Board of Health was held October 6, 1969 at 7:00 P.M. in the Board of Health Office. Members present were Dr. William Cosgrove, Chairman, Dr. Charles Colburn, Mr. James Lambie and Robert Heustis, Health Director. 81 BOW STREET CATALDO FARM SAN- ITARY LAND FILL The minutes of the September 15, 1969 meeting were approved as read. The letter to James Mortenson, 5 Melrose Avenue, was approved by the Board. This letter confirmed the extension of time granted by the Board at the September 15th meeting for repairs of the property owned by Mr. Mortenson, 81 Bow Street. At 7:30 P.M., Mr. William Dailey, Attorney and Mr. Ralph Cataldo came before the Board to talk about a Sanitary Land Fill Program on the low land to the rear of the Cataldo Farm on Bow Street. Mr. Dailey explained that the Town of Arlington was in- terested in a sanitary land fill program on the low land in the rear of the greenhouses on the Cataldo Farm on Bow Street. At the present time the Town of Arlington is trucking all household rubbish collected to Saugus. Mr. Dailey showed a plot plan and indicated the 71 acres now owned by Ralph and Joseph Cataldo. He explained that the area to be filled would be about 41 acres. He went on to ex- plain that they came to this meeting to talk to the Board about the action they would have to take before making a for- mal request. The access road to this property would be from Lowell Street, Arlington at the Park Avenue of the Arlington Reservoir. There would be no trucks using the Lexington roads at all. Dr. Cosgrove: Is this land used now for planting? Mr. Cataldo: We do put some crops in there but if we have heavy rains they do get washed out. At the present time we can only use a small portion of the land. Some of this has a real sandy base and other parts is all clay. Mr. Heustis: With that brook there have you checked with the Department of Natural Resources regarding the Hatch Act. Mr. Cataldo: No, we have not done that but I have checked with the Department of Agriculture, Department of Conservation, and the Northeastern Water Pollution Control Administration. I understand from these agencies we would be exempt from the Hatch Act because this land would be reclaimed for agriculture. We will check with them just the same. Dr. Cosgrove: Who will control this operation? Mr. Cataldo: The public works department of Arlington would have full control. Dr. Cosgrove: Would other rubbish be brought in? Mr. Cataldo: No, only rubbish collected by the Arlington Town trucks. Mr. Heustis: Any garbage in this rubbish? Mr. Cataldo: No, just household rubbish. 1 1 r Mr. Lambie: Couldn't you use clean fill to bring this land up to the grade you need to keep it from flooding. I should think that would be more satisfactory than using a sanitary land fill program. Mr. Cataldo: The amount of fill needed would be too expen- sive. This is the only way to do it. They will take the top soil and peat off and put it in mounds, clear the impervious material out, pack this rubbish and cover it with layers of soil and then replace the top soil. Dr. Colburn: I should think layers of solid fill would be better for farming than this arrangement. Mr. Cataldo: Some of this land will take from 18 to 20 feet of fill. At the present time there are places where there is only 2 inches of top soil with a rocky base and it is im- possible to use it. Mr. Dailey: To bring this land up with solid fill would be very expensive. This way the packing would be done and the land filled by layers and then the loam on top. Mr. Lambie: I should think you could grade the high places and use that material as fill. Mr. Cataldo: We wouldn't have enough fill to do the whole area. If we do it this way we will not disturb the land we can use and this land will eventually be restored so that we will be able to use the whole 71 acres. Mr. Heustis: Isn't there a problem of that brook flooding down onto Park Avenue in heavy rains? Mr. Cataldo: It used to, but they have constructed a sluice gate at the Arlington Reservoir and they use that to prevent the flooding. Mr. Heustis: Is there access in case of fire? Have you checked with the Arlington Health Department regarding the swimming area? Mr. Cataldo: Yes, through the farm from Bow Street. I have talked to the Town Manager of Arlington and he saw no problems but we thought if we talked to your Board you could tell us what had to be done. Mr. Dailey: We do have one problem, we have a November 15th deadline. The Town of Arlington will have to sign a con- tract with Saugus if they do not have any place else to dump by November 15th. I understand that this Board meets the first Monday so that will give us about La weeks to get things in order and submit a formal request to you. Mr. Lambie: You spoke of the low land flooding, how often and how much. Mr. Cataldo: We had flooding this year in July when it rained. It is only in a real dry summer we can get crops from this low land. 288 Mr. Heustis: I would speak to the Arlington Board of Health because of the housing and the swimming area. Mr. Dailey: We will present plans to all Boards and parties concerned. Dr. Cosgrove: I believe we understand what you want to do so now it will be up to you to present your request and plans to us and then we will take the necessary action. It must be made clear this is a Town of Arlington operation and not something you are doing as a private individual. If the Town of Arlington does not accept this land for their use then we will drop the whole thing. Mr. Heustis: This will be restricted. Mr. Cataldo: Yes, it will be closed every day and covered to your specifications. Mr. Heustis: We have had complaints of rats in this area, will this program be baited. Mr. Cataldo: Yes, as I understand they have to bait as they fill, there should be no problem there. We certainly do not want rats. Mr. Lambie: You say this area floods easily, the Arling- ton Superintendent of Public Works should be aware of this. Mr. Dailey: We will check all the things you have indicated and will be back with our formal request. Mr. Lambie: The initative is up to you now. Mr. Dailey: We understand and we thank you for your time. Mr. Dailey and Mr. Cataldo thanked the Board and retired. HORSE Mr. McElman and Mr. Parsons came before the Board regard - PERMIT ing a permit to keep a horse submitted by Mr. Parsons. Mr. Heustis explained that a neighbor, Mr. Hopkins, had been in to the office and complained that Mr. Parsons had a horse whcih he has had tethered outside his window all summer. Mr. Hopkins also complained that the odor and the flies from this horse has been such that he could not use his yard this slimmer:, He also complained that Mr. McElman was not carting the manure off but piling it up next to a shed on the property and in some cases the manure was thrown over the fence onto property owned by the Carroll's. Mr. Heustis explained that he made an inspection that morning and spoke to Mrs. McElman about the manure. He said he followed this inspection by a letter sent to Mr. McElman. Mr. Heustis showed the Board the plan of land submitted by Mr. Parsons with his application and pointed out that between McElman's land and Parson's land their was a good two acres. 289 Mr. McElman: We came in because of your inspection this morning and the complaint made by Mr. Hopkins. Dr. Cosgrove: Mr. Hopkins claims Mr. Parsons that you have had this horse in your yard all summer but you are only now making an application for the horse. Mr. Parsons: The horse has been tethered in my yard all summer during the day but at night it goes back to Mr. Mc- Cormack's barn on Blossomcrest Road. Mr. McCormack has had the permit for the horse, he is now going to tear down his barn so we will have to make other arrangements for the horse. Mr. Heustis: You have read the regulations for keeping the horse? When a horse is kept in a residential area all the neighbors must be considered. Mr. Parsons: We understand that, I did read the regulations and they are reasonable. Dr. Cosgrove: What seems to be Mr. Hopkins objections? Mr. Parsons: I don't feel as though I should say anything about my neighbors. Mr. Hopkins has been a constant complainer. I do intend to put up a fence but I did not want to go to the expense of a fence until I was sure I would get this permit. Mr. Heustis: Mr. Hopkin's wife has arthritis and they do not go away during the summer, therefore, he seems to use his yard a great deal, he did say that the horse got loose and ran through his garden. The manure as we explained should be kept in galvanized cans, these cans should be air -tight and carted away from the property. Mr. EcElman: We tried to get a farmer to come in and take the manure but it has been impossible to get anyone. Mr. Heustis: Mr. Hopkins also mentioned rats in the area. The manure will draw rats. Mr. McElman: I haven't seen any rats, we have always had field mice. Mr. Parsons: Could we bury the manure instead of carting it away. Mr. Heustis: That seems like a lot of work and you would run out of space. Mr. Parsons: We will certainly go along with your regula- tions. Dr. Cosgrove: Well gentlemen, there doesn't seem to be any problem that you gentlemen can't handle by observing our regulations. I do suggest that if you are going to stable the horse on your property that you keep away from the lot lines and also I would get a fence up as soon as possible so that the horse does not disturb Mr. Hopkins. Mr. Heustis: Mr. Parsons you still need a building permit 290 for your barn from the Building Inspector, I recommend that this permit be approved on the condition that a building permit is granted. Mr. McElman and Mr. Parsons you both realize the necessity of a good cleaning and control program. Mr. Parsons: Yes, we do. I will make application for a permit to construct the barn right away. Mr. McElman and Mr. Parsons retired. The letters to Ware Dairy, Blue Ribbon and Cumberland Farm stating that if the milk counts continued to be high their license MILK to sell milk and cream in Lexington would be revoked was approved COUNT by the Board. The Board checked the Health Officer's Report for milk counts taken this past month and noted very little change in the above mentioned companies. Mr. Heustis: Belmont Health Department called me the day the samples were picked up and said that this skim milk should not have gone out on the trucks that day. This would be the Ware Dairy skim milk. Dr. Colburn: We are not concerned with what Belmont has to say about Ware Dairy putting milk out on trucks that shouldn't be there. We are concerned with what is coming into this Town of Lexington for sale. Dr. Cosgrove: That is right. I do want to make certain that whatever action is taken we have absolute proof that will uphold our action. What action do you suggest we take now, these counts are still bad and I feel it is time something definite was done. Mr. Heustis: We need more sampling to file a complaint in Concord District Court. Dr. Colburn; Why file a cmplaint in Court. All you have to do is revoke their license to sell milk and cream in Lexington. Do that and then let them take the initiative. Dr. Cosgrove: You have the power to revoke that license. This milk is a definite problem. You revoke the license and then watch these companies, then if they deliver without a license then you take them to court for delivering milk for sale in Lexington with- out a license. Dr. Colburn: I move a notice be sent to Blue Ribbon Dairy, Ware Dairy and Commonwealth Dairy Stores (Cumberland Farms) stating that at the regular meeting of the Board of Health the Milk In- spector was instructed to revoke their licenses to sell or deliver milk in the Town of Lexington, this order to become effective November 4, 1969. This action is being taken because the bacteria counts of milk from these dairies have consistently exceeded the bacteria counts as set by the Massachusetts Milk Regulation Board. Our regular meeting is Monday, November 3, 1969, if these companies want to be heard they can take the initiative and prove to us they are working to Cs' otag 1 1 291 correct this situation. I feel we have bent over backwards for them, now let us see what they can do. These notices are to go by certified mail and if we enforce this on November 4th a notice should be placed in the Minute Man Newspaper to the effect that the licenses of these companies have been suspended. Dr. Colburn also requested that the Clerk compile a list of these dairies milk counts for the last 6 months to be ready for the Board at the next regular meeting. Dr. Cosgrove: I suggest you take the milk samples as usual through this next month, in fact, I would even step up the sam- pling of these 3 companies to show them we really mean business. Mr. Heustis: To go to court we still will need the 3 Sam - pies. Dr. Colburn: We are not talking court right now. I am saying suspend their license, then if they deliver in Lexington after the 4th you go to court on delivering milk without a license. Dr. Cosgrove: I go along with that, lets get this thing done right. If we have to go to court just make sure everything is done to uphold our action. Mr. Lambie: Do you think Mr. Legro should be informed of our action in case we have to have the Town Counsel represent us. Dr. Cosgrove: We are not sure we will have to go to court let us see what these companies do. The letter to Dr. Rudolph Fobert, Superintendent of Schools RUBELLA regarding the Rubella (German Measles) Vaccine was approved. VACCINE Mr. Heustis reported the school nurses were cooperating with the Board of Health and the clinics were being set up in the schools for the 13th and 14th of November. At that time we will vaccinate all the children in the 1st and 2nd grades whose parents have signed the permission slips. The Board also agreed that all the Doctor's working on this clinic be paid the usual clinic fee. Mr. Heustis reported that a complaint had been filed in DEFELICE Concord Court against Anthony DeFelice, 21 Mellex Road for 21 MELLEX making a dump without a permit from the Board of Health. The ROAD Department of Natural Resources is also investigating this dump in regard to a violation of the Hatch Act. The fee schedule was tabled until next meeting. Dr. Col- burn did say that he felt the fee should be fee plus cost of FEES inspections or work involved in the processing of licenses and permits. The application for a permit by Richard McLatchey, 435 Lincoln Street, to keep 12 chickens was approved by the Board. ANIMAL PER MI T