Loading...
HomeMy WebLinkAbout1964-12-21Board Yes. Press Will you gentlemen keep me informed on this case. The Board assured the Gentlemen from the Minute Man News that they would keep him informed. The reporter from the Minute Man News expta4;ded that he would see that a report of this meeting was made to the Public but he did want the Board to know that the paper for this week had already gone to press and therefore nothing could be done until the next edition next week. The gentleman from the Press retired from the meeting. The Board discussed this case further and all agreed that it was absolutely necessary that Counsel for this case be obtained. One that had time to devote to the study of this situation. The Board agreed that they should contact the Board of Selectmen and Mr. Legro to see if Town Counsel will be able to handle this case or if a private Counsel should be obtained. Mr. McQuillan and Mr West agreed to see the Board of Selectmen and Town Counsel before Town Meeting conveened at 8:00 P.M. Meeting was adjourned. BOARD OF HEALTH MEETING DECEMBER 21, 1964 The regular meeting of the Board of Health was held Monday December 21, 1964 in the Health Department Office. Members present were R.L. McQuillan, Chairman, Dr. William Cosgrove, Mr. James M. West and Director of Public Health, James F. Finneran. The minutes of the Special Meeting of November 23, 1964 were approved with the following correction; page 2, para 8: Mr. West: I for one will never agree to let this man back in business here in Lexington unless he is found to meet the regular requirements of the milk dis- tribution laws. As Dr. Cosgrove was unable to attend the State Health Advisory Council meeting held December 15, 1964 regarding B.L.'Cummings Milk Case, Mr. McQuillan gave a report on the hearing. Mr. McQuillan stated he thought Mr. Legro, Town Counsel, did an excellent job in presenting the case for the Health Department and by his presentation showed he had put a great deal of study into the case. Mr. Legro was able to take many of the witnesses called by Mr. Cummings attorney and use their testimony to our advantage. 53 B.L. CUMMINGS MILK CASE 54 Mr. McQuillan said he was disappointed that the hearing was set-up so much like a court trial rather than a hearing because he would have liked to have made a statement regard- ing the facts in this case both past and present, and also he felt a statement should have been made about the Health Laws and the restraining orders served on Mr. Finneran and the Town of Lexington. Mr. McQuillan and Mr. West stated that they felt that Mr. Cummings did himself a great deal of harm by decrying the standards of milk set by law and also by being very capricious and arbitrary against the Board of Health and Mr. Finneran. Mr. McQuillan and Mr. West both cited incidentsof the hearing to the Doctor and both agreed that Mr. Cummings did go on at great lengths in his testimony and they felt the Health Council should have restrained him, or at least made some effort to stop him because a great deal of his testi- mony was just past history of his firm. Mr. Finneran said he had the feeling that both Mr. Troy, attorney for the Council and Mr. Legro let Mr. Cummings and his attorney present all the evidence they had and also make any statements they wished in order that Mr.•Gahen, Mr. Cumming's attorney would be unable to take a writ of errors against the Council. If either our attorney or the attorney for the Council had stopped any of Mr. Cumming's testimony then Mr. Gahan could have made issue of such action and requested further hearings. Mr. West asked Mr. Finneran about the restraining order. He stated a's he understood the order.Mr. Finneran could continue to take samples of Mr. Cumming's milk but could not stop him from delivering milk. Mr. Finneran said that was correct, but in view of the fact that he could get no decision on his case in Con- cord and that had been postponed until after the State hearing he would only nulify the pending case in Concord by sampling the milk at this time. Dr. Cosgrove asked if the Concord Court disregarded the Attorney General"s ruling that a decision could be made on the case when Mr. Finneran went back on December 16th. Mr. Finneran said that was right, they could get'no decision from the Concord Court until after the State hearing and so until the State Advisory Council informs us of their decisions we have continued the case. As soon as we hear from the State we will have the case pending in Concord Court heard. 1 1 55 The Board again expressed concern regarding the milk being delivered by B.L. Cumming's Milk Co., but agreed that until the State decision was received we would just have to wait. A new letter of approval to the Planning Board on MINUTE MAN "Modification of Plan Approved May 16, 1964 Minute Man HIGHLANDS SEC 4 Highlands, Section 4, dated February 27, 1962," was pre- sented to the Board for their approval. Mr. Finneran ex- plained that Mr. Legro had contacted the Health Department and stated that in a conference between counsel when the Carrig appeal from the decision of the Planning Board was held for trial, Mr. Carrig had requested that the conditions of the Planning Board be revised to eliminate the requirements for the consent by the Board of Health as to the lots enumerated in the letter to the Planning Board on April 11, 1963 and that the following be substituted: "That no building or structure shall be built or placed upon lots 159-165, inclusive, 174-186, inclusive, 197-213, inclusive, 222-227, and 228 without prior consent of the Board of Health unless the level of the finished cellar floor of any such building or structure is at least as high as the elevation of the top of the street drain in that por- tion of the street on which such lots abuts, there is placed under such floor a layer of stone not less than twelve inches in thickness, and there is installed in such cellar a sump pump that is connected to the street drain in accor- dance with the By -Laws of the Town of Lexington." As this request would carry out the conditions stipulated in the Whitman & Howard Engineer's report the Board approved the letter to the Planning Board, citing this change of conditions of approval of the Modification Plan of the Minute Man High- lands, Section 4. Mr. West asked who would check the 12 inch stone bases and the other requiremen,;s listed in our approval. Mr. Finneran explained that it would be up to the Building Inspector to check these things as he would issue the building permits and the permits should have these requirements noted. Dr. Cosgrove asked about the sewage facilities for this subdivision. Mr. Finneran explained that this subdivision would be all public sewered so there would be no problem there. Mr. McQuillan said he thought this change made our app- roval more specific than before. Mr. Finneran agreed but said evidently Mr. Carrig feels he will be able to sell the land more easlily. 56 LOT 52 FIELD R0. GJ Mr. McQuillan said if this must be checked by the tr Building Inspector for any violations, will the Building Inspector be notified of the requirements. Mr. Finneran said the Planning Board will send the Building Inspector a statement of approval and of the changes in the approval in this subdivision so he will have them on record in his office. The letter to Davies & Wolf, architects, 44 Brattle Street, Cambridge, was approved by the Board. Mr. Finneran explained that the owner had requested our opinion of the lot for a sewage disposal system. A Miller & Nylander report stated that two (2) test pits showed no sign of ledge or ground water, but by the time Mr. Finneran saw the Lot both pits had been filled so therefore the Lot was approved subject to the condition that the site plotted for the sewage disposal system meet the minimum requirements of the Health Department. The copy of the letter to Mrs. Donald Miller from CHILD CARE Donald Irwin, Building Inspector, regardinf the floor plan CENTER inspection at 215 Wood Street for a Child Care Center was read by the Board and placed on file. Mr. Finneran explained that the zoning variance for such an operation had not been granted as yet and therefore there was nothing we could do regarding this matter at this time. LOTS 30 & 31 The letter to Whitier & Greener Trust regarding Lots "THE GROVE" 30 and 31 in the subdivision entitled "The Grove" was app- roved by the Board. These lots were restricted in the ori- ginal subdivision approval because of drainage, since that time the street grades have been determined and the lots may be built upon providing enough fill is used in the low areas so that the lots will drain wither toward the street or toward some natural drainage IMMUNIZATION PROCEDURES CERTIFICATES OF ACTION BLUE RIBBON DAIRY The notice to all doctors regarding the recommended immunization procedures for Polio was approved by the Board. The letter also notified the doctors of a Spring Polio Clinic to be held by the Health Department. The copies of the Certificates of Action from the Planning Board on the "Tillinghast Estates"and the "Jack- son Estates" were placed on file by the Board. Mr. Finneran reported that Mr. Howard of Howard Lab- oratory, Amherst, Mass., had been in to see him regarding our notice to Blue Ribbon Dairy on the high milk counts. Reference was made to the Health Officer"s Report for this month which showed the counts from this Dairy now well in keeping with the milk standards. 1 1 1 1 1 57 The Board recommended to Mr. Finneran that a letter be BATES sent to Bates Farm calling their attention to the High counts FARM on the milk analysis report for December. Mr. Finneran said he was very surprised with this report because Bates Farm has always tested well within the milk standards. An animal permit submitted by Joseph P. Kelley, 83 Cary ANIMAL PERMI Avenue, for permission to keep 3 horses and 1 goat was dis- cussed by the Board. Mr. Finneran reported that there was sufficient area for a corral and barn (37 acres) and no objection from the abuttors, however, he did recommend approval be granted pro- vided e fence be placed a distance of 100 feet from the lot lines of 87-89 and 91 Cary Avenue in the pasture area. Per- mission was so granted. The animal permit submitted by Charles Collatos, 46 Webster Avenue, for permission to keep 1 pony was discussed by the Board. Mr. Finneran reported that at this time the neighbors did not object but did feel a nuisance could be created in the warmer weather of files and odor. The area where the pony will be housed is small and abutts the lot line of three different house lots, and this is a fairly well built-up neighborhood. The Board discussed this application and voted to deny permission to keep a pony in this area because of the close proximity of the paddock and corral to other dwellings. Mr. Finneran explained to the Board that the New State SWIMMING POOL Sanitary Code required that as of January 1, 1965 we issue a PERMIT FEES permit for the operation of all public and semi-public swimming pools and a permit fee must be set by the Board. The Board voted and duly passed a motion that a fee of two dollars and fifty cents ( $2.50) be set for the swimming pool operation permit fee. The new Sanitary Code also requires that a permit to op- FOOD ESTA- erate a Food Establishment must be obtained from this department. BLISH- Mr. Finneran explained that this permit would be in addition MENT PERMIT to the Common Victulars license now being issued by the Select- FEE men. This permit would cover all Food Establishments, Cateriers and etc. The Board voted and duly passed that a fee of one dollar ($1.00) be charged for this permit. The renewal approval for operation of the Maryvale Rest Home, 6 Eliot Road, was signed by the Board. Mr. Finneran reported that an inspection was made at the home and all fac- ilities were up to standard. The following renewal permits were signed by the Board: REST HOME