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HomeMy WebLinkAbout1965-07-1273 BOARD 0.F HEALTH MEETING July 12, 1965 The regular meeting of the Board of Health was held Monday July 12, 1965 at 7:00 P.M. in the Health Department Office. Mem- bers present were: R.L. McQuillan, Chairman, Dr. William Cosgrove and Director of Public Health, James F. Finneran. Minutes of the June 14, 1965 meeting were approved as read. The Board discussed the letter from the Attorney General B.L.Cumming in reply to a request by the Board for an investigation into CASE the restraining orders issued by the Superior Court against the Board of Health, Milk Inspector and Town Officials in the B.L. Cummings, Inc. Case. The Attorney General stated that the appropriate action would be for the Town Counsel to take the necessary legal action to petition for dissolution of the restraining order. After further discussion of this case, the Board agreed that there was nothing more they could do as long as the Town Counsel and the Board of Selectmen would not cooperate with the Board in taking the legal steps to dissolve this restraining order. It was agreed, however, that a letter be written to Mr. Legro asking for a copy of the restraining order against the Board and Town Officials. Mr. Finneran reported to the Board that he had requested CARROLL'S Mr. Charles Carroll of Carroll+s Farm to come in and discuss PIGGERY the violations involved in the operating of the Piggery. He went on to state that on July 13, 1964, the Board had agreed to extend Mr. Carroll's Permit to operate a piggery for 6 months, during which time Mr. Carroll was to dispose of the pigs on hand. At that time there were about 125 pigs. In Jan- uary and February when he checked the Farm the Carroll's were reducing the number of pigs. In March they told Mr. Finneran they were just bringing the remaining pigs up to weight for selling. Mr. Finneran said he told Mr. Carroll then that by June 1st, 1965, all the pigs must be gone. When he checked back the first week of June there were suckling pigs in the yard. He told Mr. Carroll at that time that they were oper- ating without a permit and were in violation of the Board of Health's Rules and Regulations. Mr. Finneran said he checked the Farm in April and the number of pigs were down to about twenty. The Board discussed this matter and agreed that further action was necessary. 74 Mr. Charles Carroll and his Uncle, Mr. Joseph Carroll came before the Board at 7:45 P.M. Mr. McQuillan explained to the Messrs Carroll that the policy of the Board has been that as long as there were no com- plaints the piggerys are allowed to operate, but with the chang- ing of the Town and ghe building of new homes nearer to the piggerys the complaints cannot be ignored. He further stated that plus the petition received last year several more complaints have been received, and last year on July 13, 1964, Mr. Charles Carroll was granted a six months extension on his permit to keep pigs, with the understanding that during that six month period an effort would be made to get rid of the pigs or relocate the piggery. Now with the report of Mr. Finneran that you have between 65 and 70 sucklings on the Farm the Board will have to take further action. Mr. Carroll: These people who are complaining are the new people in Town. I have been in business for 25 years and the older residents around us are not complaining. Mr. McQuillan: I agree this could be the case but the Town has grown and as these homes are built closer to the piggerys the more complaints we receive. We have given you folks a full year to get rid of the pigs, we are only trying to be fair to everybody. Dr. Cosgrove: Mr. Carroll: How many pigs do you have now? 15 sows and 65-70 sucklings. Mr. McQuillan: You can fight this thing in court but we have found that as the Town grows and the times change it is always the piggerys that have to go, and it will cost you quite a bit to continue to fight in court. Mr. Carroll: What action could you take? Mr. Finneran: If you cannot tell us anything definite as to when the pigs will be gone we will have to go to Court and charge that under the Rules and Regulations of the Board of Health you are now operating a piggery without a permit. Mr. Carroll: I had hoped to get some land in Westford. Mr. Finneran: I know you had hoped to move the pigs but you have had over a year now so we must have a definite state- ment of what you intend to do. When I inspected over there in January, February, March and April I figured you were getting rid of the pigs but when I saw the sucklings there the first 1 1 7. of June you left me no other alternative but to bring the matter up to the 'Board. Mr. McQuillan: What would you recommend be done now, Mr. Finneran. Mr. Finneran: If Mr. Carroll would give us a definite date or something in writing with definite plans we could possible hold off further action for a short time. This would be the second year you are operating without a permit and we cannot go along with that too long. If we go to court and you retain a lawyer you might get an extension of time but with the way things are now you would eventually have to get rid of the pigs. The Board and Mr. Carroll discussed the situation and it was agreed that Mr. Carroll would discuss the problem with the other members involved in the operation of the piggery and let Mr. Fin- neran know what his plans were by the 15th of August, 1965. The Board told Mr. Carroll that if he was seeking relocation he must let them know. We will have to take this matter to court if we do not have word of something definite by the 15th of August. The Board thanked Mr. Carroll for coming in. By unanimous vote Mr. McQuillan was elected Chairman of CHAIRMAN the Board of Health for the coming year. The subdivision entitled "Cary Acres, Section 411 was CARY ACRES approved by the Board. This subdivision will be public sew- SECTION 4 ered and the lot grades have been approved by Whitman & How- ard, Engineers. The letter to Charles Ricci regarding the dumping of RICCI FARM household wastes by the migrant farm workers quarters was approved. Mr. Finneran said he had checked back on this matter and everything had been taken care of. The Memo to John Carroll, Public Works Department re- WATERTOWN ST. garding the extension of public sewer on Watertown Street was read by the Board. Mr. Finneran explained that although the contract for this work had not been granted yet there was a small area that was badly in need of public sewer as soon as possible. The letter to Dwork and Goodman, Attorneys regarding the ANIMAL BITE records on file of animal bites attributed to a dog owned by a Lexington resident was approved by the Board. The letter to Mr. Harry Mimno regarding the operation of MOON HILL Moon Hill Pool was approved. Mr. Finneran reported that the POOL Pool was not meeting the chlorine residual required by the