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HomeMy WebLinkAbout1975-10-14C4., they make up their mind to operate according to all regulations. S Dr. Cosgrove said these regulations governing the pools were from the State, therefore, if Moon Hill wanted the regulations changed they should deal through the State. They must prove the State wrong in these regulations and then the State can notify us of the changes. The Board instructed Mr. Smith to write to Moon Hill Associates stating that unless they meet all requirements next year the Pool will not be able to open. The application for a permit to keep one horse by Jenaro Luongo, 284 LUONGO Massachusetts Avenue was denied because of insufficient land and also be - HORSE PERMIT cause of the drainage in the area where the horse will be stabled. LEAD-BASED POISONING The following permits were signed by the Board: ANIMAL PERMITS: Ralph J. Frissore, 92 Blossomcrest St. - 6 horses Francis W. K. Smith, 49 N. Hancock St. - 4 goats Edward Sahatjian, 124 Burlington St. - 1 pony Mrs. Norman Woodward, 20 Robinson Rd. 1 additional horse until June 1976 FOOD ESTABLISHMENT PERMITS: White Hen Pantry, 373 Mass Avenue - (Ghillie Willie Machine) V.I.P. Vending Inc., Instrumentation Laboratory Cafeteria Kentucky Fried Chicken, 211 Mass Avenue Living & Learning Centre, 80 Maple St. Country Deli, 46 Massachusetts Ave. A R A Services Inc., Honeywell Radiation Centre, 2 Forbes Rd. Village Food Stores, Inc., 93 Mass Avenue Village Food Stores, Inc., 189 Bedford St. Servomation Corp. for Ginn & Co. Cafeteria Hancock Market, 6 No. Hancock St. Peking Gardens, 27 Waltham Street White Hen Pantry, 373 Mass Avenue Daniel Martinez, for Lexington Golf Club Snack Bar Robert Lambie & ten. Mazza, "Day by Day" Mobile Service Meeting adjourned at 9:00 p.m. BOARD OF HEALTH MEETING OCTOBER 14, 1975 The regular meeting of the Board of Health was held Tuesday, October 14, 1975 at 7:30 p.m. in Room G-15 of the Town Office Building. Members present were: Dr. William L. Cosgrove, Chairman; James W. Lambie, Dr. Charles E. Ellicott, and George A. Smith, Director of Public. Health. The minutes of the September 9, 1975 meeting were approved as read. Mr. Smith explained to the Board that he had to cut back on the lead- based paint inspections and adopt a priority rating for inspections. He read from the lead -paint poisoning regulations the priority list which lists as first priority a dwelling in which a child lives who is found to have an 1 1 1 increased body lead content. Dwellings about to be soldor rented are listed fifth on the priority list. Therefore, because of the work involved and the time element the Real Estate inspections have been curtailed. Mr. Smith also reported that Food & Drug Department and also the Lead Poisoning Centre have refused to test the paint chips we have been sending to them for confirmation of our testing using the 6-8 percent Sodium Sulfide. The Board asked if Mr. O'Connell was aware of this decision. Mr Smith said he had talked with Mr. O'Connell about this and he was of the same opinion as he that some of this service must be curtailed. He also told the Board we would not recommend any private contractors although there are a number in the area. Mrs. Jane Tapia of the Tri -Community Health Services came before the Board to present the Budget for the Visiting Nurse for fiscal year 1976. LVNA BUDGET Mrs. Tapia said that although we were only a few months into the present fiscal year things seemed to have leveled off. The costs per visit for 1976 will be more but the home visits will decrease therefore keeping the total budget down to approximately what it is this year. The cost per visit is up from $14.00 per visit to $18.00 per visit, it is estimated for 1976. Other services are staying very close to fiscal year 75 budget figures. The total budget is estimated to be about $6828.00 for 1976. Dr. Cosgrove said he was very pleased with these figures. Mr. Lambie asked if they were finding many third party payments. Mrs. Tapia said "yes" they were finding some third party payments and the staff was watching all the time. Mrs. Tapia said they were now finding that patients being treated were either very young or very old. Dr. Cosgrove asked if the East Lexington Clinic had been set-up yet. Mrs. Tapia said "yes" that the first clinic would be held a week from Wednesday which would make it the 22nd of October. This clinic was being held for one hour to start with. Mrs. Tapia thanked the Board and retired. Mrs. Ellen Sharkey and her attorney, Mr. Anthony Fredella came before SHARKEY the Board to discuss Mrs. Sharkey's application for a permit to keep six PERMIT horses, this is a renewal application. Attorney Feddella said he understood an inspection had been made of this property and since that inspection the corral fence had been fixed and they wondered what a manure pit was and if there was any other way to handle the manure. Dr. Cosgrove said Mrs. Sharkey did not have enough property to keep six horses even if the place was kept clean. Attorney Feddella referred to the "grandfather's clause" section 7d of the Stabling Regulations, Chapter VII stating that he felt that Mrs. Sharkey's permit came under this classification. Mrs. Sharkey had fixed the corral fence and looked into a manure pit but she really didn't know how to go about putting a manure pit in. Attorney Feddella said they agreed that the property had to be kept clean but he did not feel that the Board had a right to hold back the permit. Dr. Cosgrove said the Board had every right to hold back a permit if the property was not being maintained properly. Mrs. Sharkey gave us a copy of a lease stating that she had permission to use some of the property mentioned on the lease but her name was not even mentioned. Attorney Feddella said that as long as the barn was clean he felt that Mrs. Sharkey should have her permit. The Board reviewed the permits held by Mrs. Sharkey since 1967 and pointed out to Attorney Feddella that in 1971 when these regulations were adopted Mrs. Sharkey had a permit for 2 horses, therefore, according to the "grandfather's clause" a permit for only 2 horses should be considered. Mr. Smith said the manure was a problem and should be taken care of. Attorney Feddella said the barn was built on a ledge and therefore a how could not be dug for a pit. Mr. Smith said a manure pit did not have to be a hole in the ground. The Board informed Mr. Feddella that unless the quality of keeping this property improved they would have to order all the horses off the property. Dr. Ellicott said we have reviewed this application for the past 3 months, Board members have made inspections and we find this property in very bad condition. The day I went up there I talked to a young fellow and asked him when the manure was cleaned from the stalls and he said once in awhile. Well I think the stalls when I saw them were very bad. Attorney Feddella said Mrs. Sharkey had letters from her neighbors stating that they approved of her having the horses. Mrs. Sharkey's daughter is in 4-H and she takes care of the barn. The 4-H people have inspected the premises and find nothing wrong with them. He also pointed out that we have had some heavy rain, therefore, the area could not be cleaned. The Board agreed that the barn could be cleaned rain or not. The Board also told Attorney Feddella to leave the letters from the neighbors with the Board and we would discuss this application again. Attorney Feddella said he thought that the Board was very hostile to his client and he and Mrs. Sharkey retired. Two neighbors of Mrs. Sharkey's stayed behind and spoke to the Board. They said they thought the Board very unfair and that they did not under- stand all the good that Mrs. Sharkey was doing with these horses. The Board explained that unless Mrs. Sharkey kept the stable and area clean they could not approve this permit. After a discussion of the manure disposal the neighbors said maybe they had been amiss and they would try to help Mrs. Sharkey get the property in condition. 1 1 1 The letter of request for an additional horse to be kept by Monique D. Rinner of 115 Concord Avenue on property owned by Dr. Neil Chayet, 272 Concord Avenue. The Board agreed that Dr. Chayet would have to file an application for the horse and also a letter must be obtained from Mr. Sullivan giving Dr. Chayet permission to use some of his land in order to make up the required acreage. A list of abuttors must also be submitted so they can be con- tacted. Mr. Synth showed the Board a sample of carpet that Alexander's Con- venient Store, 335 Woburn Street, wants to install. He said he had no objection as long as the carpet did not go into the food preparation area and the rug was kept clean. The Board agreed that the carpet could be tried but if there were any problems then they would have to replace the carpet with a smooth finished surface. t) t)4 CHAYET HORSE APPLICATION ALEXANDER'S CONVENIENCE STORE Mr. Smith explained to the Board that the State Health Department has re -organized and some of the Code we have been using as part of our regula- tions have been turned over to the State Department of Environmental REORGANIZATION Quality Engineering, such as Article XI regarding Septic Systems, Article OF STATE HEALTH VI, Swimming Pools and also the Articles on Bathing Beaches and a few DEPARTMENT others. When this legislation was passed recently, the recodifying neglected to make a provision for the local Boards of Health to adopt these codes, therefore, in order to have the codes to work under the Board will have to adopt them and include them in our Regulations. This will mean publishing these articles in their entirety. The expense should be included on our new Expense Budget. New Federal Water Control Laws will be something else we should be aware of in the future and this could be an added expense to the Department when these laws have to be adopted. New pesticide regulations will be coming under the new Environmental Quality Engineering Department therefore the Board will have to adopt their own regulations. Water sampling work could cost more in the future if the State continues to cut down on the services to the Towns. The Board asked if Town Manager had been made aware of these changes and Mr. Smith said "yes". The Board will consider any regulations from State Agencies before adopting new regulations. The following permits were signed by the Board. Nursing Home Approval: Pine Knoll Nursing Home, 20 Watertown Street Food Establishment Permits: Maunder's Meat Market, 1768 Mass Avenue Hayden Recreation Centre, 24 Lincoln St. (Daniel Martinez) Bellino's Donut Shop, 141 Mass Avenue Folsom's Seafood of Lexington, 182 Bedford St.