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HomeMy WebLinkAbout1952-06-20156 BOARD OF HEALTH MEETING June 20, 1952 A regular meeting of the Board of Health was held in the Selectmen's Room, Town Office Building, on Fri- day, June 20, 1952 at 3:00 P.M. Chairman Cosgrove, Messrs. McQuillan and Russell were present. Mr. Jackson, Health Sanitarian, and the Agent were also present. Mr. Russell, and the other two members of the Board, were notified of his re -appointment as a member of the Board of Health for a three-year term expiring June 1, 1955. It was, therefore, in order to re -organize. Mr. McQuillan mentioned that Dr. Cosgrove must re- ceive many calls at his office and Dr. Cosgrove agreed that people do call him during office hours and also come into his office. Mr. McQuillan said that he would be willing to serve as Chairman and Mr. Russell explained that, al- though his health is improving, he would not care to take over the responsibility of being Chairman. Mr. Russell said that he and Mr. McQuillan both wished to incorporate in the records an expression of their appreciation and thanks to Dr. Cosgrove for the efficient manner in which he has conducted the meet- ings and performed his duties during his term as Chair- man. Application was received from Mrs. Helen E. Wash- burn, 208 East Street, for a permit to maintain an In - Infant Pant Boarding Home, and Mr. Jackson reported that she Boarding has a small house but it is clean and he thought suit - Home able. Upon motion of Mr. McQuillan, seconded by Mr. Russell, it was voted to approve the application. Application was received from Mrs. Clara K. Stanley, 20 Parker Street, for renewal of her license Nursing to maintain a Convalescent or Nursing Home. Mr. Jack - Home son reported that she has seven people in the home now, it is in good condition and there is ample room. Application was received from Mrs. John Harris, 7 Blake Road, on behalf of the First Parish Church, re - Nursery questing a permit to operate a Child Day Care Nursery. Mr. Jackson reported favorably and upon motion of Mr. McQuillan, seconded by Mr. Russell, it was voted to grant the permit. z 0-64 1 1 1 1 1 157 Application was received from Swenson Brothers, 210 Marrett Road, requesting renewal of Pasteurization of Milk Permit. Past. of Upon motion of Mr. Russell, seconded by Mr. McQuillan, Milk it was voted to grant the request and renew the permit. Application was received from Charles R. Glenn, 105 Winter Street, for a permit to keep 65 poultry. Mr. Jack- son reported that some of the neighbors, and mentioned Mrs. Miller, object to a permit being issued for this number. Poultry He recommended that the Board limit the permit to 25. Permit Mr. Russell said that he could not see very much dif- ference btween 25 and 75 poultry being kept in this area. However, it was unanimously agreed to approve the applica- tion for 25 poultry and the Clerk was instructed to advise the applicant that the number is limited in view of objec- tions by neighbors. Letter was received from R. S. Roscoe, 54 Bridge St., in which he stated building permits have been issued for houses on the land opposite No. 50 and No. 514.Bridge Street. Complaint Mr. Roscoe explained that he desired to register a protest against the issuance of the permits due to the fact that the cesspools in the area at the present time do not function properly. Mr. Jackson explained that both lots have been disap- proved by him insofar as cesspools or septic tanks are con- cerned. Letter was received from W. S. Couette, on behalf of Roger B. Tyler and Albert Wolfe, Trustees of the Folien Hill Estates, objecting to any further continuance of a pig farm Hearing now operated by Mr. William Dailey at 114 Marrett Road. re:Dailey At 3:30 P.M. hearing was declared open upon petition Swine of Mrs. Harold E. Roeder, et al, requesting the Board to desist from granting Mr. Dailey, or any other person, a permit to keep pigs at 111 Marrett Road. Mr. Dailey, Mr. and Mrs. Roeder and thirteen other persons were present. The Chairman said that he assumed all present had come to the meeting for the same purpose, and that was to be heard re Mr. Dailey's application to continue keeping pigs on his farm. He asked if the group had a spokesman or if all present wanted to be heard. Mr. Wilbur L. Peabody, 64 Locust Avenue, said that he is rather new as to the procedure but supposed he could give his viewpoints. He said that he lives on the lower end of Locust Avenue and at times last summer the odor that 158 he noticed while he was building his house was something new to him and he did not know what it was. He started asking questions and found out that there was a piggery nearby and if he had known about it he would not have lo- cated his home in the area.' He said that there were evenings when he closed his house and went out visiting because of the odor. He stated that he believed com- plaints have been made before and he understood that when the last permit was issued it was on condition that no further complaints would be received from the neighbor- ing houses or abutters. He said that the odor has con- tinued and gets worse as the summer goes on. He said that besides the fact of the odor, he believes the neighborhood has developed to such an extent, and the locality is of. such a nature that the piggery should move to another locality. The Chairman inquired as to how long Mr. Peabody has lived in Lexington, and he replied since 0etober, 1950. The Chairman asked how often he noticed the odor and he replied that it is only when the wind is right. In the summer time the wind is southwest and then he is unable to .sit on his porch. Mr. Russell asked if he noticed the odors this past month and he replied that he did this past week. Mr. Russell asked if he lived at the farther end of Locust Avenue, and he replied that he lives in the last house on the left-hand side. The Chairman asked if he noticed the odor for a con- tinuing period of timeand he replied that he does in a very hot spell. He said that when there is no wind to dispell it, the odor clings for four days. The Chairman asked if that was as long a period of time as he has had the odor, and Mr. Peabody replied in the affirmative. Mr. McQuillan asked if the seller of the property had given him any idea that he would be next to a piggery. Mr. Peabody replied in the negative and stated that Mr. Couette sold him the property. Mr. Russell asked if his property was within a few hundred yards of the piggery and he replied in the affirma- tive. Mr. Edward B. Colbert, 206 Pollen Road, said that he is a newcomer, having lived in Lexington only since the 19th of May, but he purchased the property last January. He stated that he was unaware of the fact that there was a piggery as near as it is. He said that the first ex- perience he had with the odor was in April or May when 1 1 159 his house was under construction. He said that he was up- set to the point of wishing he had not purchased the land and wished that there was some way to get out of the deal. He said that the odor has persisted off and on at differ- ent times. He said that he noticed it this week nearly every day. Mr. Colbert said that there are two other factors and one is the large flies. They are not pleasant and not very healthy. He said that the other factor is the noise - the pigs put up an awful squeal, presumably at feeding time. He stated that people who own property that is assessed and taxed at such a high rate should not have to put up with this type of thing in their back yards. He said that pigs have rooted up some of the lawns, but admitted that this is only hearsay. The Chairman said that reference was made to a com- plaint prior to this and if there was, the Board of Health knew nothing about it. The only one received was about a year ago which came from Mr. Couette. Mr. Jackson went down and discussed the matter with Mr. Dailey and outlined a plan which seemed, to people who do not know anything about keeping pigs, workable and to the mutual satisfaction of everyone. He stated that this was the only complaint received. Mr. Roeder said that prior to that he talked to Mr. Jackson and was told that no permit had been issued. Two weeks later Mr. Jackson told him that a permit had been issued. He said that this was before Mr. Couette came in on it. The Chairman asked if Mr. Roeder was the only one who complained and he replied that several of the neighbors asked him to look into the matter and he called Mr. Jackson before the permit was issued. The Chairman explained that prior to two or three years ago people kept animals in town almost at will without a permit. Then there was an article in the local paper to the effect that anyone desiring to keep animals or poultry had to obtain a permit. He said that undoubtedly there are still people keeping animals without a permit, but Mr. Dailey hap- pened to be an individual who had been keeping pigs for many years without a permit and was acting without a permit at that time. Mrs. Roeder said that she called Mr. Jackson several times last summer when the odor was strong, but each time she called he was unavailable, out of town or some place else. Mr. McQuillan explained that the Board did met grant Mr. Dailey a permit but under very different conditions. 160 He said that the permit was not issued because a com- plaint had been made, but because up to that time he had been operating without a permit. It was granted because Mr. Dailey had contacted the people who made the complaint and they agreed'if he would take care of the situation there would be no further objections on thier part. He said that the Board understood he had overcome the objections. Mr. Jackson said that the permit was granted upon the condition that there would be no further complaints. Mr. Ralph Coe, 8 Churchill Lane, admitted that Mr. Dailey did contact the neighbors and said that he did not realize the odor was so strong and thought he could clean it up and there would be no further odor. Appar- ently there was a time when it was cleaned. The odor was not so strong or for such a long period of time. He said that he believed it could be taken care of but it seems to slip by and_ if a permit is granted, the same condition will exist. Mr. Russell said that Mr. Dailey told the Board last month that he would take care of the situation, that it was due to the feed being left uncovered for a period of time. He had that removed and thought it would end the odor. Mrs. Olive Payne, 21 Dawes Road, said that she is a stranger in town, having moved here about a year and a half ago. She said that she was told when she pur- chased her property that it was a residential area and she did not have any idea that there was a farm near it. She said that several times she has had to close her house and leave until the wind changed and the odor was gone. She said that having noticed the growth of Lex- ington since she came here, it is either residential or farm and there is not place for both, particularly a piggery. She said that a vegetable farm would be dif- ferent, but this odor is not pleasant and not healthy. Mrs. Coe said that the odor was one thing, but that also at times her house is completely covered with flies. The Chairman asked how many in the group knew when they purchased the property that it was close to a piggery or a farm where pigs were kept. Mr. Peabody said that the question was brought up to the builder and when the odor was first noticed he asked the builder about it and was told that someone was spreading fertilizer. 1-4 1 1 1 Mr. Coe said that when it was mentioned to Mr. Couette that there was a strong odor of pigs he, Mr. Couette, said that it could not be and said that he did not realize that there were pigs close by. The Chairman said that the question of piggeries in Lexington is not new. He explained that he has lived here since 1919 and remembers that there was much ado in the twenties. The Board of Selectmen, then acting as a Board of Health, established a policy that no permits would be issued for new piggeries. He said that they felt this would take careof the problem and it has. However, in this case it happens that the piggery has been maintained over all these years. He said that the Board of Health is now separate from the Board of Selectmen and has adopted a similar policy regarding the keeping of any animals. Mrs. Roeder said that the group was representing people on Follen Road, Churchill Lane, Buckman Drive, Cedarwood Terrace and Dawes Road. Mr. Dailey said that he went to see some of these people last spring and explained that he was sorry he was bothering them. He stated that they would still have odors even without the piggery - there is a large swamp in the area, a farm with over 100 cows and a market garden where fertilizer and pig manure is spread. He said that, with the exception of Locust Avenue, the people complaining are all in one group. He stated that Mrs. Sherburne, Mrs. Moulton and Judge Cotton have no objections and made nu complaints. Mrs. Moulton's house is next to his farm. He said his policy is to take everything out in twenty-four hours and take it out of town, but last winter he was un- able to get it out and it was left until April when it was cleaned up. He said that if he is granted a permit he will do the job 365 days a year. Mr. Dailey said that this is the first time in fifty years that he has seen a representative from the Board of Health and the farm has been in his family for ninety years. The Chairman asked how long Mr. Dailey has been in business and he replied thirty-eight or thirty-nine years. He said that he could spray more than he does at present and use a disinfective, but he thought that all the odor was not coming from his farm. The Chairman asked if Mr. Dailey thought he could have a piggery without odor and he replied that he does not know of anyone who can hold a candle to the way his pig farm is kept. Everything is taken away every day, and the only possible smell would be from the garbage. 161 162 The Chairman asked if he thought he could get rid of the odor and he replied that he thought he could improve conditions. Mrs. Roeder said that there is never any smell from the swamp and she could have had more people pre- sent, but the communication from the Board asked for three people only. The Chairman said that apparently someone was up- set because the Board mentioned a group of three to represent the neighborhood, and immediately informed the Town Counsel who in turned called him. He tried to explain to the group that the Board did not have any idea of restricting the meeting, but had mentioned a representative group of three in an effort to save time for both the complainants and the Board, who had other appointments. Mr. George E. Connors, Churchill Lane, said that there is a difference between swamp smell and pigs. He said that figuring all the people here and the money invested he does not think it is fair and something should be done. He asked if the Board was going to satisfy one man or the people who have large invest- ments. Mr. McQuillan asked if the group would be willing to go along with Mr. Dailey to see if he could correct the, situation or if they were definitely opposed to a permit being granted. Mr. Peabody replied that they have gone along with Mr. Dailey. The Chairman asked if he was unequivocally opposed and Mr. Peabody replied in the affirmative. The group showed their opposition by raised hands. Mr. James Toomey, 58 Locust Avenue, said that a motion should be made that the Board of Health make a study of the conditions and have the area residential as it should be. He said that the way the pigs squeal one would think he was living next to a slaughter house. The Chairman explained that he did not want to rush the group out, but that the Board had another appointment scheduled for four o'clock and would call this hearing adjourned. The group retired at 4:20 P.M. and the Chairman called a special meeting for Friday, June 27th at 7:30 P.M. at which time Town Counsel is to be present to discuss the subject. 1 1 Mr. William Spiers and his attorney, Mr. Charles Small, met with the Board. Mr. Small explained that he is representing the Pleasant Associates, owners of the property known as the Fairlawn Estates on Lowell Street. He said that he had received a letter from the Planning Board advising that the plan for the subdivision was not approved because of the inability of the Board of Health to approve the sewage disposal system. He said that he thought there is some way that this problem can be solved. He said that his client is willing to build the street with the understanding that he may never be able to build a house on it. He stated that the Town Plumbing By-law has two sections pertaining to septic tanks and cess- pools and it would be impossible for anyone to build a house without Board of Health approval. Mr. Russell inquired about the drainage disposal and Mr. Small stated that it will be taken down to the brook that goes by Bartlett Avenue and eventually to the reservoir. Mr. McQuillan asked if Mr. Jackson felt he would have granted a permit for the individual lots if this new State law had not been put into effect and he replied that he would have for at least half of them. Mr. Small said that if the Board of Health would approve the plan generally so that the Planning Board's hands could be untied, then his client could build the street and still be subject to whatever the Board of Health would say about the lots. The subject was discussed at length and Mr. McQuillan suggested, and the Board agreed, to call Town Counsel and have him meet with the Board on Friday night. Mr. Spiers asked if he could be present at the meeting Friday night and the Board had no objections. The meeting adjourned at 5:25 P.M. A true record, Attest: Agent 163