HomeMy WebLinkAbout1952-06-27164
,Fairlawn
Sub -division
BOARD OF HEALTH MEETING
June 27, 1952
A special meeting of the Board of Health was held
in the Selectmen's Room, Town Office Building, on Fri-
day evening, June 27, 1952 at 7:30 P.M. Chairman
McQuillan, Messrs. Cosgrove, Russell, Jackson, the
Health Sanitarian and Mr. Stevens, Town Counsel, were
present.
A general discussion was held on the sub -division
problem (Pleasant Associates) and the piggery problem
(Dailey). It was decided, with reference to the sub-
division, to have the engineering firm of Whitman &
Howard check the land for the Board of Health and see
if in general sewage disposal systems would work or'not.
Mr. Spiers, representing the Pleasant Associates,.
and his attorney, Mr. Small, met with the Board at
8:15 P.M.
The Chairman said that the Board does not wish to
write a letter on the Fairlawn sub -division until a
sanitary engineering firm has made a recheck. He
stated that something had been mentioned to Mr. Stevens
about the Associates assuming the cost for expert en-
gineering.•
Mr. Spiers said that probably no one could tell
about the soil because of cuts and fill to be made.
The Chairman explained that the Board would like
to have a general recommendation on the land.
Mr.•Russell said that an engineer could give his
opinon based on suitable tests.
Mr. Small asked if the Board would be willing to
have the Massachusetts Department of Public Health make
further tests.
Mr. Stevens asked if the Massachusetts Department
of Public Health would go beyond soil consistency and
percolation tests.
Mr. Small replied that the Board could call the.
Massachusetts Department of Public Health and have
further testsmade. He said that his client will put
in sewage disposal systems according to law.
Mr. Stevens said that there is some question as to
whether sewage disposal by individual means will work
in this particular area.
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Dr. Cosgrove explained that the Board is trying to pre-
vent trouble and keep a bad situation from becoming worse.
Mr. Stevens said that the real question on the land is
sewage. disposal and in view of the adverse report submitted
by the Massachusetts Department of Public Health, the Board
wants the answer to the question of approval of the land
furnished by elpert advice.
Mr. Spiers said that everyone is working for the same
objective. He'wants to construct the street for the bene-
fit of the town and the owner and they can see what is
there after the street and grades are established.
The Chairman said that the Board reserves the right to
select its own engineer because it wants a fair report and
Mr. Spiers and his engineer would naturally be biased. He
stated that the Board will not grant approval in the face
of disapproval.
Mr. Russell said that the Board would not grant approval
unless a sanitary engineer approves the land.
Mr. Spiers asked how soon an estimate of the costs would
be known.,
Mr. Russell rep14ed that the engineer would have to make
a general survey of test pits and borings needed. However, he
does not want to hold the develppers up if everything is all
right.
Mr. Spiers said that if there is a question of a retainer
or costs, he has no right to make a decision. If the Board pays,
he can go ahead. Be agreed to call Dr. Cosgrove Monday or Tues-
day as to whether or not to proceed with the sanitary engineering
survey.
Messrs. Small and Spiers retired at 8:45 P. M.
A lengthy discussion was held relative to Mr. Dailey's
application -for renewal of a permit to keep swine at 114
Marrett Road, on which a public hearing was held Friday,
June 20th.
The Chairman asked if Mr. Dailey would have any come
back on the Board if a permit is refused.
Mr. Stevens said that if the Board -decides not to grant
a permit and he continues to keep swine, an order can be
issued and a jury trial will ensue.
Mr. McQuillan mentioned that in June, 1951 the Board
wrote him and advised that he keep his place in such a condi-
tion that no complaints would be Beceived.
Dr. Cosgrove atated that Mr. Dailey has been operating
a piggery for years and asked if that would give him any
particular rights.
Mr. Stevens replied that if only a few houses were in-
volved he would have some rights, but it changes when the
area changes and builds up; then the farm must be discontinued.
165
Dailey
swine
permit
denied
166
Over-
flowing
(cess
pools
The Chairman said that if the Hoard sanctions the swine,
it will lower the value of the property in the area. The
people at the hearing were definitely opposed to the piggery.
He said that there is always an odor from garbage fed hogs.
Mr. Stevens said that when a neighborhood changes, the
Board of Health has the right to refuse to grant permits for
swine.
Mr. Russell suggested sending Mr. Daily a copy of the
Board of Health Regulations, particularly Sections 2 and 3 of
Chpater 8 and have him comply within six months.
The Chairman said that he thought it would be better to
take definite action and he would be inclined to advise Mr..
Daily that his permit is refused because of complaints by
neighbors.
It was unanimously voted to deny Mr. Daily's permit to
keep swine and to inform him that he must dispose. of the ones
he now has not later than October 1, 1952.
Letter was received from Mr. Nervy P. Hogan, 7 Ames
Avenue, complkining about overflowing cesspools on the
left side of Butler Avenue which flow onto his property.
Mr. Jackson was instructed to investigate the situa-
tion and take the necessary action to eliminate the condi-
tions outlined by Mr. Hogan.
The problem of overflowing cesspools on Hill Street •
was discussed and it. was unanimously voted to order Mr.
Bezanson to connect into the._public sewer. The other per-
sons without overflowing cesspools must abate the nuisances
by the addition of more leaching lines and fill.
Discussion was held in regard to the establishment of
L. J. Foss and it was agreed to write a: letter outlining
the complaints; giving them two weeks to bring their
standard up and to maintain it in a manner satisfactory to
the Sanitarian. If improvement is not made. further action
is to be taken in view of the fact that the company has
been advised from time to time to make every effort to
raise its standards.
A true record, Attest:
Agent
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