HomeMy WebLinkAbout2007-03-07-BOH-min
Lexington Board of Health, March 7, 2007
Town Office Building, 1625 Massachusetts Avenue, Room G-15
Attendees: Wendy Heiger-Bernays, Chair; Judith Feldman; Sharon MacKenzie;
Deborah Thompson; Burt Perlmutter
Health Dept. Attendees: Kathy Fox, Derek Fullerton, Ann Belliveau
Heiger-Bernays called the meeting to order at 7:05 p.m. Students from Northeastern
University were present. These students are studying the basics of public health taught
by Deborah Thompson.
Brookhaven pool and spa variance request - Fox informed the Board that Brookhaven
has a new pool and spa at the facility. The pool will be used for physical therapy and
staffed by wellness trainers that do not have lifeguard certifications but do have CPR and
first aid qualifications. No one will be allowed in the pool without the presence of a
wellness trainer and it is not opened to guests or children. Fox also stated that
Brookhaven’s pool and spa passed the recent inspections. Heiger-Bernays motioned to
grant the requested variance to Brookhaven for one-year. MacKenzie seconded. All
approved except Perlmutter abstained from the vote.
Heiger-Bernays opened the hearing requested by Dr. Barbara Masi of 58 Bridge Street
concerning a smoke nuisance complaint. The complaint was related to the wood smoke
permeating from the residence of 54 Bridge Street belonging to the McKee’s. Masi
asked the Board for relief from the impact of the wood smoke from 54 Bridge Street that
she claimed was affecting the enjoyment of her property and of both her and her son’s
health. Masi then gave a presentation to the Board. Heiger-Bernays asked if Andrew
McKee had any comments. McKee informed the Board that the old woodstove
previously located in the living room had been removed from the fireplace chimney in
late January 2007 to help mitigate the situation after he became aware of it from the
Health Department. He mentioned that they currently use the existing fireplace once a
week. McKee confirmed that they plan to put an addition on in the near future that will
include a room over the garage. McKee is planning on installing a new EPA/UL
approved wood stove.
Heiger-Bernays explained that the Board has the authority to act upon this complaint if it
falls under MGL Chapter 1.11 – Public Nuisance law, however, currently the issue
remains a private nuisance between the two residents. The Board requested that each
resident work with one another on handling this issue which included recommendations
such as ensuring seasoned wood is burned at all times. The Board does not have
regulations that allow the Board to rule on private nuisances. The Board told McKee that
any plans for expansion that include a wood burning stove must be permitted properly
through the building department to ensure that the wood stove is approved by the
Environmental Protection Agency or Underwriter’s Laboratory.
Heiger-Bernays motioned to adjourn. MacKenzie seconded. All approved.