The URL can be used to link to this page

Home My WebLink About1958-12-19352 BOARD OF HEALTH MEETING December 19, 1958 The December meeting of the Board of Health was held on Friday, December 19, 1958, at 3 P.M. with Chairman McQuillan, Dr. Cosgrove, Mr. Cole, and Mr. Lurvey present. Miss Margaret Morrison, Director Nurse for the Lexington Visit- ing Nurses Association, met with Mr. McQuillan at 2.45 P.M. to ex- plain the coverage for the Health Department by the L. V. N.A., and the need for added funds this year to do this work. Mr. Trask, the President of the L. V. N.A., had met with Mr. McQuillan previously, and asked that the appropriation be increased from 221100. to 2200. The Board voted to place this new amount in the budget for 1959. The following applications for licenses for 1959 were approved and signed: Rendering Material Disposal Bay State Tallow Company, Lowell Rendering Company Garbage Disposal Harold H. Shaw, James F. Morse & Co., Capello Brothers, John Reardon & Sons Rubbish Disposal Fred Miller & Sons, Paone's Disposal, Forsythe & Mabey, John J. Gardini, Mahoney Brothers Sewage Disposal Wilkins Disposal Service, Electric Sewer Cleaning Company, New England Sanitation Company, Suburbanite Cesspool Service, A. A. Cesspool Company Child Care Centers Unitarian Cooperative Nursery School, Miss Lothrop's Kindergarten, Community Nursery School, Beaver Brooke Academy, Hancock Church Weekday Kindergarten, Iris Howard's Nursery & Kindergarten, Winter Street Nursery, Four Year Fun. Oleomargarine Registration McArdle & Mottle, IGA Supermarket Milk License IGA Supermarket The $oard members discussed the need of more room for the Health Department when meetings and conferences are held. It was sug gested that the Selectmen be asked if the Board could be given ex- tended quarters. Perhaps the Inspectors Room next door could be used when necessary. Mr. Lurvey spoke of the necessity of a letter to Legal Sea Food Store, 323 Woburn Street, asking the owners to clean up the outside premises. The backyard was cleaned up. cc aC 1 1 1 -2- 33 The budget for 1959 was checked again, and final approval given bz the Board. The budget is due December 21, 1958. Mr. Lurvey reported the overflowing cesspool at 183 Bedford Street has been corrected by the owner, Mr. Herbert Bourne, as ordered. An application by Mr. John W. Lane, Jr., to direct the Albert Douglass Funeral Home, 1844 Massachusetts Avenue, untiljEhe estate is settled was approved, and the permit signed by the Board members. The Division of Funeral Directing and Embalming has also approved. The Whitman & Howard Engineering bill for the period to November 29, 1958, was approved - $197.90. Preliminary plans from Tekton Associates for Colonial Acres Subdivision were discussed, and approved subject to approval from Whitman & Howard, Engineers. Mr. Lurvey reported that an inspection of Carroll's Piggeey, 31 Allen Street, revealed the farm to be in tough shape, and he wishes to send a letter stating the violations of the rules and regulations. . No further action is to be taken until another inspection is made by the health officer. Mr. John Sellars, 430 Concord Avenue, met with the Board at 3.30 P.M. to discuss his filling procedure at the dairy. Mr. Lurvey feels the danger of contamination by hand filling with a pitcher is great. He has checked with other Milk Inspectors, and with the Chief of the Food and Drug Division of the State, and such an operation is not allowed. Mr. Sellars made the statement that he thought the Board of Health and Mr. Lurvey were making too much of this. Chairman McQuillan informed Mr. Sellars that no matter how large or small the amount of business, the Rules and Regulations of Lexington and the State must be complied with. Mr. McQuillan read Article 10 of the rules on milk, and said this applies to everyone in the commercial milk business, no exceptions. Mr. Cole asked why Mr. Sellars continued to bother bottling such a small amount of milk. Mr. Lurvey reminded the Board and Mr. Sellars that no Pasteurization License is presently held by Mr. Sellars, and actually he has no right to be bottling. Mr. Sellars askv dwthat an application be sent to him so he might keep a license in 'Throe.' The Board agreed to take this license under consideration but stated that it would only be granted if Mr. Sellars complies with all rules and regulations. Mr. McQuillan dismissed Mr. Sellars from the meeting saying that the Board would like to talk this matter over, and word will be sent to him when a decision is made. Mr. Harold Stevens, Town Counsel, and Mr. Samuel Snow, Planning Board, met with the Board at 4.05 P.M. to discuss the new subdivision laws. #1: Preliminary Plans must now be submitted to the Board of Health as well as to the Planning Board with full particulars, name of subdivision, record owner, names of abuttoirs, etc. These plans may be filed along with or before Definitive Plans. Written notice must be given to the Clerk of the Town. The Board m ust approve or disapprove of these plans. If disapproved, reasons must be stated 354 -3 #2; Definitive Plans must be filed. The Board of Health has 45 days in which to approve or disapprove. The developer must file plans in both the Planning Board Office and in the Board of Health Office. The Board of Health asks developers to hire Whitman & Howard, Engineers, to check lots. Reasons for disapproval must be in the Engineer's Report as well as in the Board of Health letter to the Planning Board. If possible, recommendations for adjustment should be included for lots that are disapproved by the Board of Health. Official filing for the developer is when plans have been filed in both places (definitive plans and preliminary plans in both plaices). Mr. McQuillan asked Mr. Stevens if a group of people could request that an article be put in the Town Warrant to have piggeries banned in Lexington. Mr. Stevens stated that it could only be done thru a change in zoning. Piggeries estab- lished before the zoning of the town are considered non -conforming, - and could not be banned except by the Board of Health declaring them a nuisance, and refusing to issue the next license. The group of pepple could, of course, take this into court, file a law suit. If, in spite of enforcing the laws of the Board of Health, the Board considers the piggeries are causing a nuisance, then the Board could justify a regulation banning future piggeries. Mr. Stevens explained that after January 6, 1959, all meetings of Town Boards must be held as open meetings. Notice must be given to the Town Clerk at least 24 hours before a meeting is to be held so that it may be posted by the Clerk. If there are any matters which are deemed private because of the danger to reputation or contamination to the town, a meeting of the executive board may be held before the open meeting to dis- cuss the matter. Probably in the case of the Board of Health many cases will be considered private. Any action, however, must be taken in the open meeting. Accurate minutes of meetings should be kept, duplicates made available, and everything should be dated. These minutes should be made available in a reasonable length of time. Notices of meetings should be sent to the Town Clerk in duplicate so that the Clerk may post one and file one. Mr. Stevens and Mr. Snow retir§d from the meeting at 5.05 P.M. 'A permit to maintain a private dump at Walnut Farms Trust, Mr. William Potter's Piggery, 32 Walnut Street, is to be sent to Mr. Potter. This is to include Article 6 & 7 of the Rules and Regulations, and it is to be the understanding by Mr. Potter that a license will be granted only under the condition that the rules are adhered to. (Articles 6 and 7). Mr. Lurvey asked if an application to keep horses made by Mrs. John Baskin, 45 Adams Street, might be held up until he makes his investigation of the place on East Street where Mrs. Baskin plans to stable the animals. He would like to take Board members with him when he makes the visit. 1 Referring back to Mr. Sellars again, the Board wishes to advise him that he must conform to the milk regulations con- tained in Article 10, and that no bottling should take place until he has a permit. The Board agreed they would be willing to grant him a permit for bottling if he conforms. No permit 1