HomeMy WebLinkAbout1966-01-03this free vaccine would be in order, also he had contacted Mr.
Collins of the Welfare Office so that he could submit a list
of children who would be eligible for this service.
The Child Care Center renewal license for the Church of
Our Redeemer Kindergarten was signed by the Board.
The Health Officer's report was checked and the Board
instructed Mr. Finneran to notify the Concord Dairy, 22 Sud-
bury Road, Concord Mass. that because of the continued high
Coli and Plate Counts recorded on the Milk Analysis Report a
series of test would be conducted of their products and if
a correction is not made their license to deliver milk in
Lexington would be revoked.
Willow Farm is also to be notified of the high plate count
on the milk analysis report.
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CONCORD
DAIRY
As there was no further business to come before the meeting
the meeting was adjourned at 8:30 P.M.
Clerk
BOARD OF HEALTH MEETING
JANUARY 3, 1966
The regular meeting of the Board of Health was held on January
3, 1966 in the Health Department Office. Members present were Dr.
William Cosgrove, Acting Chairman, Mr. James M. West, and James
F. Finneran, Director of Public Health.
Minutes of the December 6, 1965 Meeting were approved as read.
A hearing was held with residents in the Five Field area 12 FIELD RD.
who had requested that the Board review the permit granted PONY PERMIT
March, 1965, to Alfred Mosley, 12 Field Road to keep one (1)
pony.
Mr. Finneran reported that five homeowners, all on Barberry
Road, had written requesting a review of this permit. Mr. Trefethen,
23 Barberry Road was the only abuttor to 12 Field Road and at the
time the permit was granted he had given his approval.
Mr. Nash, 11 Field Road, reversed his no objection statement
to objecting to the pony at this time because of a slight increase
of flies and the possibility of vermin.
Mr. Trefethen stated that there could be a slight increase
in the number of flies but there was no odor from the barn or
manure.
88
CUMMINGS
CASE
DOCTOR'S
COUNCIL
CARROLL'S
PIGGERY
3 & 6 FAIR-
BANKS ROAD
CONCORD
DAIRY
The hearing was adjourned at 9:00 P.M. and the Board told
the residents of the Five Field area that they would take this
matter under advisement.
Mr. Finneran presented the copies of the letter from Mr.
James C. Gahan, Jr., Attorney for B.L. Cummings, and the Findings
Rulings and Order for Decree from Superior Court on the B.L.
Cummings Case vs Alfred L. Frechette and Members of the State
Health Council. These letters were sent to James Corr, Lexington
Police Chief.
The Board discussed these findings acid Mr. Finneran ex-
plained that the Plea was based on the Milk Regulations Board
rules and regulations and according to the General Laws the
local Boards of Health Rules and Regulations superceed these.
The Board instructed Mr. Finneran to contact the State
Health Department and see if they were going to file an appeal.
They also instructed Mr. Finneran to write a letter to Donald
Legro, Town Counsel, requesting advice and counsel pertaining
to other statues and regulations under which the milk licensing
program of the Board has been effected. This letter to be
sent certified, return receipt requested.
Mr. Finneran reported that our case against Mr. Cummings
in District Court was postponed pending action by the State
Health Department.
The Board approved the forming of a doctor's council as
suggestted by Dr. Ellicott. Mr. Finneran was instructed to
contact Dr. Pyle and Dr. Ellicott on this matter.
The hearing in District Court on the Carroll's Piggery
was reported on. The Carroll Brothers pleaded guilty and were
fined $100.00 but the case was continued for a month during
which time if the pigs are disposed of the fine will not be
imposed.
The two cases of over -flowing sewage at 3 Fairbanks Road
and 6 Fairbanks Road were also heard in District Court. Mr.
Finneran reported that the owner of #6 Fairbanks Road had paid
his deposit to Public Works but the owner of #3 Fairbanks Road
was going to argue the case. Both cases were continued for a
month.
The letter from Ernest Verrill, Vice President of Concord
Dairy was presented to the Board. Mr. Verrill assured the
Board that every precaution would be taken to rectify the pro-
blem of the high coliform and bacteria counts in the milk.
Mr. Finneran reported that the last two counts taken a week
apart were very satisfactory.
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Mr. John J. Connors, president of Ware Dairy, Belmont
wrote a letter informing the Board that he had changed his
source of supply from Bellows Falls Cooperative Co. to United
Farmers of New England, Inca
WARE DAIRY
The letters from Mr. Lincoln Cole, Chairman, Board of COMMON VICTU-
Selectmen, regarding Common Victulars Licenses was placed on LARS LICENSES
file. Mr. Cole seems satisfied with the present form of
reports made by the Director of Public Health.
A complaint was received from Electric Sewer Cleaning Co JOHN BRUCCH
(Dick Rodenhisor) regarding an abuse of a sewage truck disposing
of sewage at the manhole on Bow Street. Mr. Finneran reported
that upon checking the truck registration it was found to be
owned by John Brucchi. A letter of warning has been sent to
Mr. Brucchi and the Board agreed that when his permit for renewal
was reviewed another warning would be sent, or further action
would be taken.
The subdivision Marrettwood, Section 1, was approved by
the Board for drainage according to the Whitman & Howard re-
port. Mr. Finneran reported that this subdivision will be
public sewered.
MARRETTWOOD
SECTION 1
The application for assistance for premature infant Devino PREMATURE
was approved for payment by the Board. Mr. Finneran reported INFANT
that we would be responsible for 15 days payment and then Mr. DEVINO
Devino's insurance would pay the balance. This will be $180.00
that the Health Department will pay at $12.00 per deim.
The animal permit for 1 horse at 23 Rangeway Road was ANIMAL PER -
approved. Mr. Finneran reported that Mrs. Anne Butler, owner MIT 23 RANGE
of the property, had sufficient area to house and corral the WAY ROAD
horse.
Renewal permits for Garbage, Rubbish and Sewage were signed
by the Board. Mr. Finneran reported that all trucks were inspec-
ted and found satisfactory.
Meeting adjourned at 9:45 P.M.
Clerk 7/`
90
BOARD OFHEIrvLTH MEETING
JANUARY 3, 1966
HEARING - HORSE PERMIT, 12 FIELD .ROAD
Mr. Finneran explained to the Board that e number of residents
in the Five Field area had written requesting a review by the Board
of a permit granted to keep one (1) pony by Alfred Mosley at 12
Field Road. Mr. Finneran explained that at the time the permit was
granted the abuttors at number 8, 9, 11, 15, 10 Field Road and 23
Barberry Road were contacted and no objections were received. Mr.
Trefethen, 23 Barberry Road, was in Australia at that time but he
was co-'ntacted and the Health Department. has a letter from him
stating that he had no objections to the issuing of a permit and
hoped that the Board would find it possible to approve the applica-
tion. The Board of Health approved the permit at the March 16, 1965
Meeting andsthe permit was issued.
On December 20, 1965 a letter was received by the Board from
Mr. & Mrs. Trefethen stating that they did not understand what
keeping a horse on Mr. Mosley's property would involve and requested
the Board review this permit again. Letters were also received
from Mr. & Mrs. Herbert Weiss, 28 Barberry Road, Mr. Samuel Berman,
11 Barberry Road, Pfter Richman, 22 Barberry Road, and Mr. & Mrs.
V. A. Katz, 18 Barberry Road. The Board read -the letters from
these residents and noted that other than asking for a review of
the permit only one person mentioned a health complaint.
^t 7:30 P.M. about 25 homeowners from Five Fields area met
in the conference room and the hearing was opened by Dr. Cosgrove.
Mr. Finneran gave the background on the issuing of the permit
and stated that until this past month he had received no complaints
or requests for an inspection. He did an inspection after receiving
Mr. Trefethen's letter of December 20, 1965 and found that Mr.
Mosley was constructing a two story frame barn which consisted of a
stall and tack room with storage area on the second floor. Mc.
Mosley stated at that time he collected the manure weekly and
transported it to the Town Barn, he also stated that he does not
allow the pony on the public street.
Dr. Cosgrove: In the letters received from you people we find no
reasons, pertaining to health, why this permit should be
withdrawn.
Mr. West: That is right, what are your objections?
Trefethen: Unfortunately when we received the letter from Mr.
Mosley asking if we had any objections to keeping a pony we
did not realize what this would involve. We made the large
mistake of writing to the Board of Health giving our per-
mission to issue the permit. Actually we had an idea the
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HEARLNG - 12 FIELD O!_+D 2 January 3, 1966
pony would be tethered in the yard occasionally. We did not
realize that the granting of this permit would involve corrals
and stables. We made a large mistake. When we arrived in
England from Australia we received word from the Five Fields
Cooperation of what the keeping of a pony involved. In September
when we arrived home and reviewed :his situation we regretted our
earlier action. We did notice a slight increase in flies in
our home but no other health problems, definitely no odor of
manure.
Mr. t'.'est: We can only rule on matters of Health and our decisions
must be Posed on things which endanger the HLalth of a community
Mr.. 'West requested .that the letters received from the residents
of Five Fields regarding this situation be read to the group by
tr. Finneran.
The letters were read.
Dr. Cosgrove: Nr. Trefethen did you notice a great many more flies
in your home?
Mr. Trefethen: Ordinarily we would have no flies in the house. This
year we did have a few. We could not use our dining patio in
September because of the flies there.
Mr. West: fnyoody else in the area bothered with more flies than
usual?
Mrs. 3ishoo: I leased Mr. Trefethen's home the year they were away
from July, 1964 to September, 1965 end I noticed an increase in
flies this past summer.
Mr. Cotter, "attorney for Mr. Mosley: Mr. Trefethen, were these
ordinary house flies? Is your dining patio screened or
unscreened?
Mr. Trefethen: Ordinary house flies, and the patio is unscreened.
Mrs..3ayle, Attorney for Mr. Trefethen: Mr. Trefethen, how far is
your house from the corral fence?
Mr. Trefethen: I believe we are the closest, we are about
10 feet from tho fence.
Mrs. Boyle: Is your house nearest to the corral?
Mr. Trefethen: Yes.
n
or
Mrs. Trefethen: I find it' very repulsive to look out of my windows
on a corral fence and a pony all the time.
92
RING - 12 FIELD C22
January 3, 1966
Mr. Cotter: May I read this letter Mrs. Trefethen wrote to the
Mosleys from Australia whenethey first requested permission
to keep a pony?
Permission granted. Pr. Cotter read a most enthusiastic
letter written by Mrs. Trefethen regarding the pony for Mr.
Mosley's daughter, Melinda.
Mrs. Trefethen: At the time I didn't realize what keeping a pony
involved. I realize I did not have an adequate understanding
of keeling a pony. That is the: reason far this meeting
Dr. Cosgrove: Has the pony been loose on any occasion?
Mr. Mosley: On two occasions, once when the bars were let down on
the corral fence and another time when the gate was removed.
Doth times the pony was in the street for a matter of minutes.,
before he was brought back to the corral end secured. I have
since installed e, wire liner fence in the corral and have
replaced the hinges on the pate. The only other time the
pony is out of the corral is when he is put on the trucl-to
go to the trainer's. The children are not allowed to ride him
in the street.
Mr. ',/est: Only Health problem so far is the objection to a few
flies. Is there any other objection?
Mr. Flash: I live at 11 Field koad. I would like to reverse my
original decision of no objection. I have noticed an increase
of flies and o staple could sttrect vermin.
Mr. ;'lest: Is anyone here in favor of the pony?
Mr. Mosley: I did not ask anyone to appear on my behalf.
Mrs. Doyle: This meeting was requested because we feel this type
of neighborhood is unsuitable for keeping a pony.
Mr. West: We have had no particular health problem mentioned other
than a slight increase of.flies. i feel this is a neighborhoold
problem that you ,ant us to settle and we can, as I have said
before, act only on health problems.
Mr. Mosley: I have talked many times with Mr. Trefethen and have
shown hir;i the landscape architect's plan for the area once the
barn is finished. He will not accept there.
Mr. Wallen I am president of Five Fields Cooperation and would
like to ask a few questions regarding the Common Land in the
rear of Mr. lhsley's property. As your know, we have a swimming.
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HF!',';2ING - 12 FIELD ; O»D 74- January 3, 1966
pool, skating rink, and general playground for the children
and adults in the area, and this Common Land abutts Mr. Mosley's
property, but we wore not contacted when the hermit was granted.
If we had been contacted a meeting of the Board of !Directors
would have been called, and a lot more people contacted in
regard to the granting of this permit. Did the Board expect
Mr. Mosley to use the Common Land for riding and crazing this
pony when they granted this permit?
Mr. Finneran: We do not issue permits for animals unless we feel
that the property owners' land is large enough for the particu-
lar animal as stated on the permit. The vacant land, or
Common Land, had noticing to do with the issuing of this permit.
Mr. West: If the horse is kept in the pen, and the pen is clean,
where is the health menace?
Mr. Wallen: We are an abuttor and we were not contacted, we are
not talking about a health menace.
Hr. Cocter: Your veterinarian made an inspection on the premises.
We have here his report. Mr. Mosley nave Mr. Finneran Dr.
Benton's report.
Mr. Finneran: This is a form used by the veterinarian on his yearly
inspections, and it gives a blanket approval of the premises, and
states that the animal is in good physical condition.
Mr. West: We have no definite complaints except a few extra flies,
the look of things, and the possibility of vermin.
Mrs. Bayle: Has the Board received a letter -rom Dr. Paul? He is
now in Florida, but he has sent a letter regarding this matter.
Mr. Finneran: We have not received any letter yet.
Mr. West: I really feel we are being drawn into a neighborhood
argument, and I think if the gentlemen concerned would meet
and talk this matter over possibly they could cone to some
sort of an agreement.
Mrs. Bayle: You say you contacted all the abuttors in person. Some
say by phone.
Mr. Finneran: I try to read- everyone by ringing door bells. In
some cases it is by phone. I only contact the immediate abuttors,
and in this case received no opposition.
After much further discussion regarding the use of the Common Land.,
the area, etc., Dr. Cosgrove declared the hearing closed, and assured
all concerned that this hearing would be taken under advisement.
94
BOARD OF HE \LTH ME_ETI"!::,
FEBRUARY 7, 1966
The regular meeting of the ''oerd of Health was held Monday,
February /, 1966 J:00 P.M. in the Health De; artrnent Office.
Members present were: Dr. William Cosgrove, Acting Chairman,
Mr. James M. West, and Mr. James F. Finneran, Director of Public
Health.
At the request of the Board, Mr. Legro, Town Co�!nsel, attended
this meeting in order to explain and answer any questions the Board
had regarding the Cummings Case and the rulings of the courts in
this case.
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The Board reviewed the "Findings, Rulings and Order for CUMMINGS
Decree" made by Judge Frank, W. Tomassello of the Superior Court CASE
on the plea of review by B. L. Cummings, Inc., petitioner vs.
Alfred L. Frechette, Commissioner of Public fi„alth and all
Members of the Public Health Council.
Mr. Legro suggested the Board discuss the points of .this case,
and the rulings that were not clear to them, and, he would try to
clarify these things.
Dr. Cosgrove: Our impression has always been that our laws (Rules
and Regulations) supercede the laws that this Finding was based on.
Mr. Legro: This case was not based on your regulations. This is
the law of this case, and all Findings are binding. on the Town of
Lexington.
Mr. West: In other words, our laws do not cover ti is case.
Mr. Legro: The local laws are inconsistent sto the Milk Regula-
tions Board Laws. I do't agree with the Findings,. The method of
sampling as stated in the Milk Regulations Board Laws -are binding
on the local Boards. Nleithersthe State Health Department Laws, nor
the Local Health Laws give any specific method of sampling, and
therefore the Milk Regulation Board's Laws roust supercede these
laws. I have checked this case, and have been in contact with the
Attorney General's Office, and requested they file a plea on this
case before Mr. Cummi ng' s lawyer files his final decree.
Mr. ,lest: /apparently they made these Findings in spite of
your good work. They did not up -hold the Public Health Council.
You say the Attorney General's Office said they would appeal.
Mr. Finneran: These Findings can go on until a final decree
is filed with the Court.
Mr. Legro: OY: Regulations do not specify the method of
sampling, the Milk Regulaticns Board does. If our regulations
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specified the method of sampling approved by the Mill<: Regulations
Board, then our laws would prevail.
Mr. Finneran: How about State Regulations regarding an
excessive coliform count?
Mr. LQgro: You as Licensee have no control over plant
pasteurization.
Mr. Finneran: lead our Regulation which states only pasteur-
ized milk may be ofrered for sale in Lexington.
Mr. Legro: The Milk Regulations Board Lays apply to this
given situation.
Mr. \/est: In spite of our regulations, and according 1:0 this,
we can not do our work. We can't even enforce the high bacteria
count laws set up by the local and State Health Department Rules.
Mr. Legro: You must do your sampling according to the Milk
Regulations Board.
Mr. Finneran: You can't correct deficiencies established aby
Public H�-alth Regulations under the Milk Regulation Board Regulations.
Mr. Legro: There isn't any question in my mind you had a
pretty good record to go on when we appeared before the Health
Council. I think we got in evidence we had to get in to support
our position. When Mr. Gley, of Waltham, issued a license with
no support for his action, and no good sampling, it was the best
statement of record we could have. The court should have confined
this plea to the records as presented tc _he Public Health Council,
but Judge Tomasselo did not use those records in making these
Findings. I have asked Dave 3erman, of the Attorney General's
Office, to file an appeal on the records of the Public Health
Oouncil Meeting, and he has agreed that a plea should be filed
when a final decree is made. Mr. Berman also said that the
Health Laws were not given any consideration in these Findings
of the J;!dge. There must be a final decree filed based on the
facts. I have hinted to Mr. Berman that possibly he co,Ild file
a final decree based on the Health Lqws. I still::ay you should
sample Mr. Cummings' milk, and follow the procedures of the Milk
Regulations Board.
Mr. Finneran: I refer to Section 35 of the General Laws in
the sampling of milk. When I was sampling Mr. Cummings' milk, I
carried with me at all times the sterile equipment in order to
split samples for him. He never bothered to ask for a split
sample. This is required in Section 35.
96
Mr. Legro: You could continue to take coliform counts
following the Milk Oegulation Board procedures of sampling.
You don't agree with it.
Mr. Finneran: Milk Regulation Board refers to producers
milk. It does not have any bearing on the licenses granted by
the Local 3oards of H:a1th. The Milk Regulation Board can set
the bacteria count at 4000 or 5000 and would be upheld, but the
law says that local Boards can be more stringent but not less
than that which is set up by the State. We are designated as the
licensing agent by the State. The American Public Health Associ-
ation has established the method of sampling for pasteurized
milk, and this has been stated as the method in our regulations.
Our local laws require pasteurized milk.
Mr. West: I feel this Board of Health needs help. You are
only one person, and with ell the other Town work you have to take
care of, I feel this is too much. I feel we should have a lawyer
to take this thing and work it through, it has been held up long
enough.
Mr. Legro: I have worked on this case longer than on any
other Town matter, and I have talked with many other Town Counsels
and Solicitors, and none of them can offer any help. They just tell
me I cm beating my head against a wall, but I continue to fight
this thing. If this could have been tried, and even if the findings
were on behalf of Cummings, glen the proper petition for judicial
review granted to hold the revocation.
A11 our evidence before the Public Health Council was not
mentioned in this decree. Did Mr. Cummings apply for a license
since the revocation?
Mr.Finneran: No, all licenses were renewable. May 31. He has
never appliced for a license since September, 1964.
Mr. West: I feel this has gotten very highly politica
Mr. Finneran: ':shat about the case that is pending in District
Court? Mr. Cummings pleaded guilty to the first charge.
Mr. Legro: I have suggested to Chief Corr not to let the
case drop.
Mr. West: What about the injunction?
Mr. L,- ro: That still stands as is.
Mr.• West: I have calls en this case. Am I supposed to say
anything?
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