HomeMy WebLinkAbout1950-02-17BOARD OF HEALTH MEETING
February: 17, 1950
A regular meeting of the Board of Health was held in the
Selectmen's Room, Town Office Building on Friday, February
17, 1950 at 3:00 p.m. Chairman Cosgrove, Mr. Jackson,
the Health Sanitarian, Messrs. Russell and McQuillan were
present. The Agent was also present.
Mr. Jackson's report for the period from January 20, 1950
to February 16, 1950 was received and placed on file.
The Agent reported that Miss Weltch, the School Nurse,
had called at the office and inquired about the possi-
bility of the Board of Health assuming the responsibility
of the Immunization Clinic. It is her contention that
more pre-school children may then take advantage of the
Clinic.
The members of the Board felt that Miss Weltch and Dr.
Newhall should be invited to discuss this subject. The
Chairman agreed to contact Dr. Newhall before the next
regular meeting of the Board.
Bill was received from the Symmes Arlington Hospital in
the amount of $190.10 for the care of Donna Jean Cavanaugh
(premature baby.) Premature
Mr. Jackson reported that he had investigated this case baby
and insofar as he is able to determine the family is
financially unable to pay for the board and care of the
infant and that it is a bill for which the Board of
Health should be liable.
Mr. Russell moved that the bill be approved for payment
from the Board of Health Expenses Account. Mr. McQuillan
seconded the motion, and it was so voted.
Application was received from Mrs. Violet P. Burgess, 34
Fletcher Avenue for the renewal of her license to main- Infant
tain a home for the boarding of infants. Boarding
No complaints have been received at the Board of Health Home
Office pertaining to this home.
Mr. Russell moved that the license be granted. Mr.
McQuillan seconded the motion, and it was so voted.
Application was received from Marguerite DiLuzio, 69
School Street for a license to maintain a home for board- Infant
ing infants. Mr. Jackson reported favorably on the ap- Boarding
plicant. Home
Mr. Russell moved that the license be granted. Mr.
McQuillan seconded the motion, and it was so voted.
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Immunizatio
Clinic
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At 4+:00 P.M. Mr. John Brucchi and his attorney, Mr. Paul
McCormack, met with the Board relative to Mr. Brucchits
application for a permit to keep livestock at 63 Paul
Revere Road.
McCormack:
Brucchi:
McCormack:
Brucchi:
Russell:
Brucchi:
McCormack:
McQuillan:
Brucchi:
McQuillan:
Brucchi:
You are familiar with the matter of the ap-
plication from Mr. Brucchi for a permit to
keep livestock. I am informed 5 horses, 5
cows, 25 goats and sheep, 200 poultry and 2
swine.
I am also informed that there is in the
neighborhood adjacent to the property another
farm where there are a number of pigs raised,
about 300, and 20 cows. These figures are
not accurate. There are some objections by
some neighbors that live in that area that
certain odors might affect them and the use
of their premises. Mr. Brucchi feels that
any of the animals that he would like to
keep there would not send off any particular
bad odor, not more than the 300 pigs now
kept in the area. He earns his living in
such manner, himself being a disabled veteran
of the second World War and that some reason-
able consideration should be given to his
making a living. He wants to be consider-
ate of all his neighbors and of the great
responsibility of the Board in this respect.
I think he has 2.7 acres of land.
Two acres or more.
What about the animals that have been up
there before?
There were ten to fifteen cows. There were
at least two horses. I know he had pigs and
the last tenant had hens there. There is an
incubator there and he told me he was hatching
the chicks.
Who was the last tenant?
Parker Hallett.
Are there any questions you want to ask us?
I think briefly this is the outline. I may
have left out one or two details. Possibly
there may be some question they may have.
Was it 2 pigs you want?
Yes.
Do you intend to keep them down in the corner?
Yes. I will keep them two or three days and
then get rid of them. I will not get any to
keep there until late in October and butcher
them around New Years. Just long enough to
get the garbage smell out and the grain in
them.
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McCormack:
Brucchi:
Chairman:
Brucchi:
Chairman:
Brucchi:
McQuillan:
Brucchi:
McCormack:
Brucchi:
McCormack:
McQuillan:
McCormack:
Brucchi:
McCormack:
Brucchi:
McCormack:
Brucchi:
McCormack:
Brucchi:
McCormack:
Brucchi:
McCormack:
Brucchi:
McCormack:
Chairman:
Brucchi:
Chairman:
Brucchi:
What do you want to keep pigs for?
For my own personal meat needs. My pigs
will be five feet from Sullivan's line.
Where will the chickens be kept?
You know the hill, there was an old chicken
house?
Yes.
That is where I will keep my chickens. I
won't have more than 200 hens at any one
time.
The side down towards Sullivans?
Yes. I will keep 30 or 40 for my own use.
You will do no slaughterning.
Yes, I will. There will be no commercial
slaughtering.
You want to make it clear that you are not
going to engage in slaughtering.
The people object to the pasture land. The
land runs over to the Adams! house.
I spoke to John about that. How many feet
from your fence sideline to his house?
I would say roughly about 15 feet.
It is practically under the windows.
That is right.
The question about the goats and sheep is
reasonable.
Sheep carry no odor whatsoever.
What kind of fence do you expect to put up
on the boundary line?
I expect to put up a stock fence. If he
wants to put up a hedge of evergreens I will
move my fence back. I know no animals will
damage his evergreens.
What is a stock fence?
It is an iron fence.
It does not block off the sight.
No.
Did Adams object to the sight?
He objected to odors. He has allergies to
certain things and maintains horses or sheep
running around might affect him.
I suppose because he was allergic to animals.
Would you move from Somerville to Lexington?
He saw Sullivan's piggery.
He contends he purchased in a residential area.
I was talkLng to him and told him I was going
to keep horses. He said his children loved
horses and would be over there.
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McQuillan: Did you buy this as a farm?
Brucchi: I said to Fitzgerald if you run across a
little farm let me know. He said it was a
farm and always is a farm. It was listed
on the real estate as a farm and I bought
it as a farm.
McCormack: This matter as far as the allergy goes is
rather a nubilous thing. There seems to be
nothing in the law that would give a neigh-
bor such an exercise of authority over the
use of his neighbor's land. The law seems
to say that if the condition, the odor is
bad and the health is endangered. I do
know the law, as changed recently, says any
condition which might result in an unhealth-
ful condition, but this is not such a use
that would result into that. If it does,
my thought was that the Board could always
step in and eliminate the use from an ob-
noxious situation. It is rather a far
fetched thing to imagine any harm coming
to a man from such things. As John says,
he moved from a city area to a country area.
Brucchi: My horses will be groomed in the barn. In
order to see my barn he will have to go up
to his second story window. Wool never
comes out of the sheep. It will when they
start shedding, but I won't let them shed
the wool. I will have them sheared. A
sheep carries no odor. The only animal I
intend to keep that would carry an odor
would be the pigs. Two more won't hurt
the odor any more than what is there now.
Chairman: The allergy point is just one point brought
up.
McQuillan: As far as the allergy goes it is a little
far fetched. I think the question we have
here is the fact that giving permits, new
permits, for raising horses, pigs, etc. when
it starts to become a residential area. To
my standpoint, Adams does not enter into t he
picture. The place has been discontinued as
a farm. Now you want to establish it again
as a farm.
Brucchi: I am not going to keep more than )40 hens my-
self permanently. If I can buy 25 or 30 and
keep them two weeks I will. The reason I
asked for that many hens was in case of bpy-
ing an extra hundred. I don't want them send-
ing their children over and telling their
mother.
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Russell:
Brucchi:
Russell:
McCormack:
Brucchi:
McCormack:
Chairman:
McQuillan:
Brucchi:
Mr. McCormack, you said you could not see how
the use to which Mr. Brucchi would put this
land could cause any more distress to the neigh-
bors than what it had been used for recently.
Is this the property owned by Vernon Robinson?
Yes.
Vernon had me up there two years ago to get
some lumber out of the barn. At that time
there was not a sign of any animal at all.
There were no horses. The barn was used for
storing lumber. I did not see any animals of
any kind. What did you mean?
Brucchi tells me that at one time there were
a number of animals there. I had referred to
another farm.
Vernon Robinson will back me up on the facts.
I think this is not a case of all these de-
tails coming into play. I think it is a matter
of present and future policy. Anyone can see
that who is interested in the Town at all.
Just how far do you go in granting these new
permits? I think that is the issue we should
consider; the type of neighborhood and the
number of permits. I think we might argue
that some livestock is permissable. It seems
to be a question of exactly how many, in what
proportion and whether or not a permit should
be granted for any sizable amount.
We have discussed that policy here. On the
basis of what decisions we have arrived at we
have turned down everything except a few places
where we had given permission to raise a few
hens for home use. I have only been on the
Board since April and that has been the policy
since that time.
I think a man in any R-1 district could put a
case to you about so many pigs, hens, etc.,
that he had enough land to constitute a small
farm. I would like to suggest that as far as
Mr. Brucchi's location is concerned, perhaps
he should have gone down and counted the number
of houses.
There won't be any houses built across the
street because it is the Stone estate and it
will never be built. The land down beyond me,
owned by Mike Powers, could not be bought. He
won't sell it.
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McCormack:
Russell:
Brucchi:
McCormack:
Jackson:
Brucchi:
Jackson:
Russell:
McCormack:
Chairman:
Brucchi:
Chairman:
McCormack:
Are we agreed that this is a question of a
permit being granted in a residential area?
All present agreet.
It may be a small point, but I am trying to
get all the facts. Insofar as I am able to
find out the last time hens were kept there
was during the hurricane in 1938.
I did not say when he kept hens. I don't
know how long ago it was.
I sympathezie with the Board.
One of the other objections was the focus
for flies, rats, etc.
The only thing that draws flies is pigs.
Any kind of manure will draw flies.
One of our State officials said that the
State always looks for flies where there
is horse manure.
We will have to assume that Professor
Russell is correct. You will be expected,
under any circumstances, to maintain sani-
tary conditions. I still think it is a
question as to whether or not this neigh-
borhood can no longer stand any type of
farming. If it can stand any type, how
much?
Personally I feel, and I think the other
members feel the same, that we have gone
along with a more or less tentative policy.
Unless you have anything more to bring out
we will take this under advisement and con-
sider it once more. You can appreciate the
position we will be in if we go 10% or 5o%
contrary to what we have done since last
April. We have denied permits in; similar
locations where facilities for doing this
type of thing were better.
I am willing to come down a little in the
numbers.
If such a permit is given, I think that will
rest as much with us as with you. We are
trying to do everything we possibly can for
the good of the Town and also for John's
benefit.
The only purpose in coming here today was
if you are considering the objections only
of one or more neighbors I would say that
the far fetched objections they would have
should not be considered too much. We are
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faced with a policy which all of us must recognize. I
hope your decision will favor my client, but all any-
one can ask is fair consideration considering the
area.
Chairman:
Chairman:
Any further questions?
There were none.
We will take it under advisement and you will
hear from us shortly. I have an appointment
to meet with the Town Counsel and go over
this with him.
Messrs. McCormack and Brucchi retired at 4:40 p.m.
The subject was discussed at length and upon motion made
by Mr. Russell, seconded by Mr. McQuillan, it was unani-
mously voted to deny the application as submitted.
The members of the Board agreed to discuss this subject
with the Planning Board, Mr. Locke, Chairman of the Board
of Appeals, and also the Town Counsel. The Clerk was in-
structed to make an appointment for the Board to meet
with the Planning Board on Monday evening, February 20,1950.
The meeting adjourned at 5:25 p.m.
A true record, Attest:
e G�
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