HomeMy WebLinkAbout1971-04-06(i ,
.smreo salde that r,_ there would be no pr bl:oms
; .+h the Pump 7t`:tier until n`. {t" ':opine with thr additional
ar _ s but he felt the 3hard should have a i tte fr'crn JNr,
FcSweeney statfrg when this work would be done.
Mr. Kraska asked if the Board would grant him a. letter
stating that a temporary Innkeepers License had been granted?
Dr. Cosgrove said if Mr. McSweeney says the sewer work will
be done by that time when the Motel will go into operation then
a letter can be written. I feel that if the contracts have been
awarded for this work they must have a completion date on them,
if we can get that we can go from there.
Dr. Cosgrove instructed Mr. Heustis to contact Mr. McSweeney
for the information needed.
Mr. Kraska thanked the Board and retired.
Dr. Cosgrove and the Board instructed Mr. Heustis to check
with Mr. McSweeney on the Pumping Station work. If these dates
do coincide with the Motel dates then a letter may be written.
Mr. Heustis reported that Mr. Werham had reported that
they had to stop the pumps at the Pumping Station because of
the high water table. They will be chlorinating etc. as long
as the pumps are stopped.
The Board agreed that it was important that they be sure
the added sewage could be handled at the Pumping Station so
that the pumps would not have to be stopped each Spring.
Hearing adjourned.
Dr. Cosgrove and Dr. Ellicott went over a "Hand-out
Sheet" for Town Meeting on Mystic Valley Mental Health and
suggested a few changes to be made. This hand-out sheet will
be ready for Town Meeting Monday night.
Adjournment at 8:30 PJ
Dorothy Jones, Clerk
BOARD OF HEALTH MEETING
APRIL 6, 1971
The regular meeting of the Board of Health was held April
6, 1971 at 7:00 P.M. in the Board of Health Office. Members
present were: Dr. William L. Cosgrove, Chairman, Mr. James W.
Lambie, Dr. Charles Ellicott, and Robert C. Heustis, Director
of Public ,Health.
The minutes of the March 2, 1971 meeting were approved
as read.
The minutes of the public hearing for the granting of a
temporary Innkeeper's License to Richard Kraska of the Lexington
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Chalet Susse'. Inc., 440 Bedford Street were approved.
Mr. Lambie reported that he and Mr. Heustis worked on the CHALET
sewage problems at the Chalet Susse', Inc. , in view of the SUSSE'
letters received from Mr. McSweeney, Town Engineer, regarding
the pumping station off Route 128.
Mr. Lambie said he talked to the people at the Division of
Water Pollution Control and they said they would be concerned
with two things: 1. If it was an extension of a sewer system.
It was agreed that this was not an extension of a sewer service.
2. The Board should be concerned if a health hazard was being
created. It could certainly be agreed we were not creating a
health hazard and the volume of water to be used would not ex-
celerate the existing situation enough to make a bad situation
any worse. With this information from the State and also check-
ing back to the 1968 Town Meeting Articles 73 and 74 which dealt
with Federal Funds for work to be done on the sewer mains and
pumping station on Bedford Street it was felt that a temporary
Innkeeper's License could be issued to Mr. Kraska for the Lex-
ington Chalet addition.
The Board approved the letter to Mr. Kraska granting him
a temporary Inn Keeper's License for the addition of 64 units
and a restaurant to the existing Lexington Chalet Susse', Inc.
The letter to Mr. Robert Cataldo, Chairman of the Board of
Selectmen, regarding the surcharge at the Pumping Station off PUMPING
Bedford Street was approved by the Board. STATION
It was explained to the Board that contracts have been
issued for construction of a relief sewer and alterations to
the Brook Street Pumping Station under Federal and State
Grants. This work when finished should correct the situation
and handle any anticipated increase in sewage flow.
The letter to Mr. & Mrs. Vernon Parsons, 65 Allen Street PARSON'S
suggesting a compromise be made between them and their neigh- HORSE
bors was approved.
Mr. Heustis reported that to date the department had not
heard from Mr. or Mrs. Parsons regarding this letter.
Mr. Hopkins and his son came into the meeting to again
discuss the location of the fence for the Parson's horse.
Dr. Cosgrove said that the Board would hear Mr. Hopkins
and his son regarding the fence at Parsons but as the Hopkins
had no appointment for tonight the Board could not give them
a great deal of time.
Mr. Hopkins: We have come before you people again be-
cause of the letter you sent the Parsons after the last Board
Meeting when you told them they could put their fence 100 feet
from my house. We agreed with your original ruling and the
Parsons have not even done what you people have asked in the
2 years they have had the horse.
Dr. Cosgrove: That letter was a suggestion, we were in
hope that you people up there could come to some agreement be-
396
tween yourselves.
Mr. Hopkins: That is impossible, they will not talk to us to
even give us a chance to discuss the situation. They only
tell us they will do as they want, that you people told them
they could.
Mr. Hopkins, Jr.: You suggested that the Parsons put
the fence 100 feet from our house. I know that the plot plan
you people are using is not accurate and so I have this plan
drawn to scale. If they put the fence the 100 feet it will
not give us the area between us and the horse that we would
like. We understood that you people were going back to the
original fence line and now we have this new fence line and
we would like to know why.
Dr. Cosgrove: This is not a new fence line it is only
a suggestion. Mr. Parsons says the only flat space suitable
for a practice ring for his daughter to train her horse is
right by the barn.
Mr. Hopkins: When the original hearing was held and
the fence line designated when the permit was granted, I
withdrew my objections because I felt we would have the pro-
tection we wanted. Since that original hearing right up un-
til Mr. Parsons put up the fence that is now in the yard that
horse was tied to the tree beside our yard. When I saw Mr.
Parsons putting up the fence he has now I asked him about it
and he said the Board of Health had told him he could put
the fence any where he wanted to. I don't think there is any
chance of a compromise because the Parsons seem to feel they
can do things the way they want to.
Mr. Hopkins, Jr.: If you do something that requires Rules
and Regulations you must follow the rules. I do skin diving
and there are certain rules that must be followed or I would
lose my permit. The Parsons feel that they do not have to
follow any of the rules. Our neighborhood is being built up
and there will be more building as time goes by. Right now
there are 2 new houses across the street from us and I am sure
the Carroll's Farm will be built on soon. This is no longer a
farm area it is residential, and keeping a horse in this area
has now become a privlege. I should think the Parsons would
be very careful so they would not lose their permit or create
a nuisance in the area.
Nr. Lambie: Mr. Parsons says the only land suitable for
a practice ring is right beside the barn. They claim that the
land in the back is not even enough for a ring. We thought if
you people could come to a compromise it would clear the air
over there so to speak. We are disturbed that the Parsons took
2 years before they came back to us with this objection to our
original ruling.
Mr. Hopkins: If they had done what you people requested
after the hearing everything would have been all right. I do
not want to see the little girl go without her horse but I would
like protection for my wife so that she may enjoy being out in the
yard.
Dr.
not tell
Mr.
We would
Cosgrove: We brought that up to the Parsons but they did
us why it took them so long.
Lambie: They seem to want that flat land by the stable.
like you people to work this out.
Mr. Hopkins: As you know my wife is crippled and we carry
her out into the yard in the summer, that is her only enjoyment.
With the horse so near it has made it impossible to do even that.
We came in to say we feel this new suggestion is too near our
yard and I feel they should stay with the rules you set down when
the permit was granted after the hearing. You must remember it
was not just me that objected then.
Mr. Lambie: Another permit time is coming up and we would
like to get this thing straightened out before then, if we don't
we will have to start from scratch.
Mr. Hopkins: You told Mr. Parsons to put the fence back the
way it was originally set, we accepted that.
Dr. Cosgrove: Mr. Parsons objected to that fence line be-
cause he wanted to use the flat land for a ring, that was when we
suggested the 100 feet from the house, but it was only a suggestion
with the hopes that you people would work this out.
After further discussion Mr. Hopkins and his son thanked the
Board and retired.
Mr. Lambie: I think I would like to look at that land again
over there at Parsons'.
Dr. Ellicott: I think that would be a good idea, why don't
we meet and go over the end of the week.
It was agreed that no decision would be made until Mr. Lambie
and Dr. Ellicott looked at the Parsons property again.
Dr. Cosgrove said he would try to get over some time this
week and view the area again.
The Board also agreed that an agreement would have to be
reached before the Animal Permit for the Parsons was renewed, and
that before the permit was renewed the fence would have to be up.
The letters from Mystic Valley Mental Health Association
were read and discussed by the Board.
Dr. Ellicott said that at Town Meeting it was pointed out
that the Board of Health did not supervise this Clinic and
therefore did not know that much about the operation. He said
he felt that in order that we have more understanding of this
clinic in the future we should acquaint ourselves with all phases
of the operation. He suggested a quarterly statement of services
for Lexington to be submitted with the bill. More communication
with the Clinic.
397
MYSTIC
VALLEY
CLINIC
398
Mr. Lambie said he would like to get a better under-
standing of the work done at the Clinic. He did not feel that
this was possible by looking at a lot of figures.
Dr. Ellicott said he got very confused with the figures
submitted and it did look from those figures that the hours
spent with patients were costing Lexington about 43 dollars
per hour. It was later explained that the consultation hours
were hours spent with families and that did bring the cost down
to about 57.00 per hour.
Dr. Cosgrove said he had only one point to make and that
was that the clinic showed no more than a 50% increase in work
and had gone from a staff of six to a staff of thirty-six in
a five year period. He went on to say that he did not feel
the increase was justified and he was sure that they will be
back for a lot more money next year.
Dr. Ellicott said that one thing Town Meeting suggested
was better communication between the Board of Health and the
Clinic.
It was suggested that a delegate from the Clinic come
into a Board Meeting about once a quarter and explain what
was going on at the Clinic.
A draft of a form to be used by the Clinic for quarterly
reports was shown to the Board. The Board approved this form
and instructed the Clerk to write a letter to Mrs. Welch tell-
ing her that the Board would like a report of this type each
quarter when the bill is submitted for payment.
The Board also approved payment of the first quarter bill
for the Mystic Valley Mental Health Clinic for services ren-
dered. The Clerk pointed out that she could process the bill
but payment before a quarterly report was received would de-
pend on the Comptroller and Mr. O'Connell.
The memo to Dr. Cosgrove regarding the fire at the Hart-
well Avenue Dump was discussed.
Mr. Heustis explained that an inspector from the Met-
ropolitan Air Pollution Control Commission saw a fire at
HARTWELL the Hartwell Avenue Dump and although it was explained at
AVENUE the time that this was an accident and the Fire Department
DUMP was there putting the fire out a complaint was issued against
the Town of Lexington and a hearing was held in Mr. Rein-
hardt's Office.
It was pointed out at this hearing that the fire whether
accidental or not was a violation of the Air Pollution Rules
and Regulations. As of July 1, 1971 all outside burning will
be prohibited and this will limit the use of the Landfill at
Hartwell Avenue.
It was also pointed out at this hearing that the Landfill
Operation was not properly conducted and a great deal more
fill was needed.
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Mr. Heustis also suggested in this memo that Town By -Laws
be changed so that if a fir. such as the Central Block occurred
again the demolition material would be taken to a place other
than the Town Landfill
Mr. Heustis reported that a complaint had been filed in
Concord District Court against Joseph Kelley, 83 Cary Avenue
for the dumping on his land. Mr. Heustis said it looked as
though he was bringing in sheets of wall board and putting
them around his driveway and covering them over in order to
fill in the land. Court trial is set for April 26, 1471.
Dr. Cosgrove asked if Mr. Kelley had applied for e permit
to operate this dumping operation.
Mr. Heustis said "No" he had been told to write requesting
a permit but to date we had not heard from him.
This matter was placed on file pending the outcome of the
court trial.
Mr. Heustis reported that he was making a casual inspection
at the Bamboo Hut and found a puppy in the cellar. He said he
called the Dog Officer to go down but he could not do anything BAMBOO
because the puppy was not 3 months old. HUT
An order was sent to the proprietor stating that animals
could not be kept in places where food was served. The
puppy was removed.
The letter from Whitman & Howard regarding the drainage HOUSING
of the proposed site for the additional housing for the elderly FOR
was read and placed on file. ELDERLY
The letter from Keith W. Harrison, 16 Bennington Road,
requesting a variance from the Board to allow him to install
a new leaching field for his septic tank on the property of 16 BENNINGTON
A. 0. Wilson, Jr., was discussed. ROAD
Mr. Wilson. Jr. has agreed to let Mr.:4arrison install
this leaching field or connect directly to his septic tank.
Mr. Harrison has petitioned for public sewer for the
past 2 years but as yet the Town has not done anything about
it.
The Board discussed this request and agreed that there would
be a lot of legal work to be done if this request was granted.
Dr. Cosgrove instructed Mr. Heustis to find out how close
public sewer was to Mr. Harrison's residence and if the sewer
was within 200 feet he should be ordered to connect. If there
are reasons why the Town has done nothing about this problem
then he should find out what the reasons are.
If all these inquiries are negative and the repairs must
be made then it was suggested to have Whitman & Howard check
the problem and the area.
40()
Dr. Cosgrove said he felt every avenue of solution should
be checked before we grant a variance allowing someone to go
onto his neighbors property with his leaching field no matter
how willing the neighbor is.
The copies of the letters from Mrs. M. A. McCarthy, Marrett
Road regarding the brook in the rear of her home was read and
BROOK discussed.
MARRETT RD.
APPOINTMENT
Mr. Heustis said that a survey had been made of this brook
last year and it was agreed that this brook was almost flat
in this area and therefore did not flow properly. There is no
blockage as Mrs. McCarthy mentioned. Mr. Wenham, Public Works
Department felt the only way this problem could be corrected
was to lower the culvert which serviced the brook.
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Dr. Ellicott was appointed to represent the Board of L.V.N.A.
Health on the Board of the Lexington Visiting Nurse Assoc.
The following appointments were made by the Board for
the year ending March 31, 1972:
Dorothy Jones, Agent, Clerk
Mary Smith, Special Agent
Dr. William McLaughlin, Special Agent, Metropolitan State
Hospital
Paul F. O'Leary Special Agent, Met. State Hospital
The following Permits were signed by the Board:
Permit to keep one horse, Mr. & Mrs. E. L. Easton
Food Establishment Permits:
Stanley Hill. Post - 19th of April only
James McManus - Ice Cream Store
Middlesex Tennis & Swim Club
Rubbish Disposal Permits:
Middlesex Disposal Co.
Jay's Salvage Co.
Public & Semi-public Swimming Pools
J.W. Hayden Recreation Center
Lexington Chalet, Inc.
Middlesex Tennis & Swim Club
Lexington -Sheraton Motor Inn
Town of Lexington Center Pool
Sun Valley Association
Meeting was adjourned at 10:00 P.M.
DJJl tNr \D .TL. C!ED iHEALTH RY CS ry iJ)
E•t:b A_i'
i'tie BoLu''t Heath of Linc: Town of Lexington acting under thc3
uthorit"'y it t°f a Ge or'91 of Mai sto:. <i�et$. and. all nmendl7ant':_',
and Additone thereto and every rA;her law or power thereto enab .n
end acting thereunder and in aorordence therewith hive to the
interest of and 'or the pre,ervat.iion of the public ier 7 uh duly Wade
and adopted tSe following additions and amendments to the BOO pt' ,:,f
Fei ?:z Rules and Reg41 .ntlons, C -Apter VI T.
5, HcTe 6.4abling, Permit • for the keeping oi' one or more
horee 3 ellen be :;lib eY t to 1;ha following conditions, wit,b, which? t:
holder t ereof must in all reenacts comply:
a<, Terr,:i Defined The word person :.hall tnGlnde nn in--
divid gal 7Artnerehip. L'orpor-,f: on, firm, aseociatt;iori or <yh':7'.si , in-
cluding ;a City, %own, cor;nt•< or u.ht: governmen',-.1. "unit,
b,,. Stablfa, The building or o he?` enc'lo>>r. rej ua d to e o
one or more ho+'yt;" and L"..t or+' food ;j!t:;pJ es. .?.Ertl. e{?E "rie It norr.k.ra,'
cr.iated with ;e kaopin
c-. Horse., The word horse ehali 1nt'.lthde ponie olto
anc1 any other colid hoofed e:nicat. .
No permit nal.l be isuued to Tteal. a 1..or: e on any lot of
land ttontalning than two iri1.a gg tO,e a.s;; a*,]tons of
the lot tre acce w^bl l to 1U.1 z o d of e_,c�a'_..'"'1 No such permit shell
be ! '.red for ':".mre r.`,..ree , �1 �' nciroe be kerir., on tin/ lot &'
land that contain ., not mo,`e .0 13i i our ( Aed, ti.(.c331 LK.'ok au
Vi s.: 4Lr
be pa3:"Y1:f.tied to be kepi., on .0 :on `n r4cE§ then four .. _;
;je.' provided _q:r e 1.o1 ara board of
ad provided in 4;.,i? Cp...:'i;tou of the. board of :health the grant
tnp. of g .fr 1$1'K7i _., io." 1 no d' £; sely Yi ti!L , the pub's 9°.il "th,
vaf'e y and wela'e. e ,
f3 No pE:1'3:O::i .>nall er .-. , occupy• or for Eil r:t,able f(i
one of u7r're borates eny build..;;v in the Town of Lexington culees stfl
=r,
approved by he bc. rd of ,ealth, Each atabi conte:1:f e
min r, m of one -hundred 11 °;a.,:x'es feet for tha i; animal, and
at leaat +1xty (6.(' additional oure feet far aeon adal tonal n.itual
and 'ahal'i provide Adealurtep.a e ;,o tor feed and eg:Jiiaien'c,
f, Any peraon who propos to remodel a building or a portion
thereof which is being usad ac able, or to renovate any exirsting
;itable, or to co)lat.vu c a new ' lit 1. t`rg v?<i,i h ie to be lined in whole
or in part as E :rtab1e stall, pz..or° to tj..i�:h remodeling, rencv®t1Y
or con lacticsn, 'nuibmit pIanz. : n ci,;Aplloa to to the boat*d of heelt:bb
Pott ap'prov<.J , ,=u4n. con t -raga. `.osa shell be eomc:ena3ed within ninety'
09O day after he litauenee of a permit and ehall be continued
ii rye on blrs :: tev.l'o c.mr'or the permit a hall he null end
void:
,at 0. p0
tior
a .;1red to t^ot t.nin the harm)
lr c-, ingagoue, property„ The
)•7 "ho ."d i,,f health,
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from filth and stagnant water end the method to be used to control
flies and rodents-, Such plan sha1l also show the construction
details of all dry walls and drainage seAteme es required by para-
graph 6, The application shall also show the location and dimensio;
of fencing,
b, A permit may be revoked or temporarily suspended by the
board of health upon violation by the holder of any of the provisions
of these regulations,
c. A permit to stable or keep horses on property in the
Town of Lexington. is not transferable,
d, All permits issued for the keeping of horse: and other
animals prior to the adoption of these regulations shall be valid
and may be renewed subject to the regulations in effect prior to
the adoption of these new regulations providing the person,, con-
dition! and agreements contained in the original applications have
not ohsnged 4nd that no conditions exists than would be in ju si ou s
to the public health or restrict the normal use and enjoyment of
continguous ?ro- erty
Adopted by the Hoard of Health on: March 2, 1971
Published in the Lexington Minute Yen on: April 15, 1971
Pi1eu with the ".`owes Clerk of Lexington on: April 9, 1971
S T GNED :./.v�-f,r
Clerk, Board of " eal'`h
Town of Lexington