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HomeMy WebLinkAbout1958-05-01325 SPECIAL MEETING OF THE BOARD OF HEALTH April 24, 1958 d On April 211., 1958, a special meeting of the Board of Health 32 I was held to discuss the problem of an overflowing sewage system Peacock' owned by Mr. Stanley Gruber, 32 Peacock Farm Road, Lexington. Farm Road Doctor Cosgrove, Mr. Cole, and Mr. Lurvey were present. The Board of Health voted to issue an order to abate this nuisance upon three (3) days receipt of the notice. Clerk SPECIAL MEETING OF THE BOARD OF HEALTH May 1, 1958 Potters Piggery A special meeting of the Board of Health was held on Thursday, May 1, at 7 P.M. in the Selectmen's Room, Town Offices, to discuss Walnut Farms Trust, Potter's piggery. Chairman McQuillan, Dr. Cosgrove, Mr. Cole, Health Officer Lurvey, Mr. William Potter and two sons, and members of the investigating committee of Minute Man Highlands Association, Mr. and Mrs. Vincent Herterick, 177 Concord Avenue; Mrs. John Silvestro, 38 Lawrence Lane; Mr. Richard Woodies, 222 Concord Avenue; and Mr. Louis Ciampa, 11.0 Webster Road, were present. Chairman McQuillan opened the meeting by asking the Minute Man Highlands Committee to have one of their members speak for them. Mr. Herterick thanked the board for the opportunity of meeting again to discuss the problem of the piggery in their neighborhood. He stated they have noticed the same signs, odors, flies, and do not honestly know what to ask the Board and Mr. Potter to do. Mr. Herterick asked to have the letter sent to Mr. Potter after the special ieeting last fall on November 6, 1957, read. Mr. McQuillan read the letter in which the following items were asked to be done before the 1958-59 license is issued in April,1 958: Trenches to be dug within two or three weeks for future dumping of manure which is to be covered immediately, existing manure pile to be removed by February 1, 1958, heavy spray program for flies suggested in spring, recommended that yards be limed during warm weather to help suppress odors, another meeting with the committee and Mr. Potter before 1958-59 license is approved. Mr. Lurvey made a report of the inspections made since the November meeting. He stated that the only thing that bothers him at present is the new dumping area. With the ground so low and 326 Potters Piggery -2- all the rain lately, the new dumping area cannot be used. Mr. Cole asked if they could use the old area again where it is higher ground and easier to get into. Mr. Potter replied it could be used. He asked how much cover, and Mr. Lurvey recom- mended one foot of cover. Mr. Ciampa suggested Mr. Lurvey draw a plot plan for Mr. Potter to follow for the trenching and cover- ing of manure. All agreed that it would be better if the ground were trenched deeper, manure piled in the trench, and then sub- soil and topsoil when replaced would be more nearly level. Mr. Lurvey, Mr. Potter and a member or two of the committee decided to meet and try to draw such a plan for the operation. Mr. Potter reported that he is feeding very little garbage now, but that it would be too expensive to do away with all feeding of garbage to the pigs. Mr. Herterick suggested another meeting with the Board and Mr. Potter in August during the hot weather when conditions are said to be the worst. Because of vacations it was decided that a meeting during the first week of September would be more con- venient. Mr. Herterick asked if manure could be carried away at regular intervals, say each week, instead of once a year. Mr. Potter knows of no place to dump it. The farmer takes all he needs for a year, and it is not easy to find places to get rid of manure. Mr. Herterick said the important thing to come out of this meeting seemed to be a definition of the trenching of manure. Mr. Lurvey stated it should be a sanitary fill type operation, 4 or 5 feet for the depth of the trenches, filling for a week, and then cover it. 1 Mrs. Silvestro brought up the economic value of the property in the neighborhood being lowered because of the presence of the piggery. Mr. Cole said the Board could not consider that a strong argument to use for the committee as the piggery was established first, and that the piggery can be considered a nuisance only. No medical proof has been found that a piggery is a health menhaaeQ-. Chairman McQuillan, Dr. Cosgrove and Mr. Cole said the committee must understand that the Board of Health is allowed only to con- sider the question of a health menace or nuisance, not whether there is any hindering of progress. Mr. Herterick asked if a temporary permit could be issued until regulations for the piggery are sent to Mr. Potter in a letter. Mr. Cole said that the Board has the right to issue permits provided everything is done to the Board's satisfaction. Mr. McQuillan noted that the permit can always be revoked if conditions are not kept up to the Board's standards. All agreed that the farm is well kept, clean, somebody is always working on it to keep it so, and that the Potters are cooperative. Mr. McQuillan said the case would have to be taken to court by the committee if they did not agree with the Board of Health. Mr. Herterick answered this by saying the committee did not want to go to Court, that Mr. Potter and the Board of Health had been very fair. 1 -3- 327 Mr. Lurvey will meet with the members of the committee Potters and Mr. Potter in the next week or so, and make an agreement for Piggery the trenching operation to present to the Board for approval. The meeting adjourned at 8.10 P.M. Clerk SPECIAL MEETING OF THE BOARD OF HEALTH May 1, 1958 Harbell Street A special meeting of the Board of Health was held in the conference room of the new office building on Thursday, May 1, 1958, to discuss the problem of two building lots on Harbell Street owned by Mr. William Hamilton. Present were Chairman McQuillan, Mr. Cole of the Board; Mr. Lurvey, Health Officer; Mr. Kraynick of Whitman & Howard, Engineers; Mr. William Ham- ilton, Mr. Richard Hamilton; Mr. and Mrs. John Harvey and Mr. Martin Lichterman, abuttors of the property in question. Mr. McQuillan, Mr. Cole, Mr. Lurvey, and Mr. Kraynick checked the plot plans for the two lots, and agreed that one lot, Lot B, had sufficient area to comply with the rules and regulations of the Board of Health for the sewage installation. The second lot, Lot A, does not have room for the required area of a sewage installation without violation of the regulations of the Health Department. It was suggested that a permit be given for Lot B as it is within the rules in every way, and have the other lot wait for the sewer. Mr. Lurvey said in his opinion, due to the size of the lots in +question, he felt only one house should be permitted to be built on these two lots. Mr. McQuillan and Mr. Cole agreed. Mr. William Hamilton stated both lots are legal lots, and he intends to build two houses; he is even ready to go to court for approval if necessary. Mr. Cole said that the Board of Health has for the first time come up against a violation because of the small lot involved. In order to get the proper sewage in- stallation in, lot lines or distances in some way would have to be violated. Rules cannot be relaxed for one lot, setting a precedent for all other questionable lots. Building codes and Board of Health rules and regulations are established for the protection of the community. Mr. Hamilton must have the approval of the Health Department, the Building Department, and for any variance in rules, the approval of the Board of Appeals. There was heated discussion of the second lot by the Hamiltons, but the Board said only one permit would be given at this time - for the lot that complied, Lot B. Mr. Hamilton suggested knocking off the steps of the planned dwelling on Lot A, which would give him more room for the sewage installation. By moving the house forward, he would have the required distance and area for the sewage works, and comply with the approved Board of Health re- quirements. In order to move the house forward he must ask the Board of Appeals for approval of the variance. The board of Health agreed that a permit could be given if the Board of Appeals approved the variance.