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SPECIAL MEETING, BOARD OF HEALTH
APRIL 26, 1965
A special meeting of the Board of Health was held on Monday
April 26, 1965 at 7:30 P.M. 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 purpose of the meeting was to consider appropriate action
by the Board of Health in the B.L. Cummings Case following a
meeting with the Board of Selectmen on April 20, 1965.
It was unanimously agreed by the members that the decision
of the Board of Selectmen denying a request for special 1egt1
counsel should be obtained for the records and a letter requesting
a written decision was approved by the Board. It was further
voted by the Board that the Attorney General's Office should be
contacted to discuss the Board of Health Perogatives and limita-
tions in relation to the restraining order placed on the milk
inspector and the Town by the Middlesex Superior Court. The
Chairman, Mr. McQuillan was appointed to meet with the Attorney
General as soon as possible. It was further voted that a
request might be made to the District Attorney's Office of
Middlesex County for assistance in prosecuting the criminal
complaint which is pending in the Concord District Court and
has been continued since November 1964.
The meeting was adjourned at 8:45 P.M.
BOARD OF HEALTH MEETING
MAY 17, 1965
The regular meeting of the Board of Health was held Monday
May 17, 1965 at 7:00 P.M. in the Board of Health Office. Mem-
bers present were R.L. McQuillan, Chairman, Dr. William Cosgrove,
and Director of Public Health, James F. Finneran.
Minutes of the April 12, 1965 Meeting and the Minutes of
the Special Meeting April 26, 1965 were approved as read.
The letter from Mr. Legro regarding the legality of samp- B.L. CUMMING!
ling milk from the B.L. Cummings Company was discussed by the
Board. Mr. Legro stated: "that the taking of samples of milk by
the Milk Inspector at the plant of B.L. Cummings Inc. would
not be a violation of the restraining order pending against the
Town and its officials...". The Board pointed out that it is
the policy of the Milk Inspector to collect milk samples not
68
GREEN VALLEY
SEC. 7
INSECTICIDE
CHILD CARE
CENTERS
COLONIAL
ACRES
from the plants of the dealers but directly from the trucks de-
liverina milk in !_exinn*on in order to have a better check on
the milk and the crAdiition's under which it is kept on the
trucks.
A motion was made and seconded that a letter be written
to Mr. Legro, Town Counsel, requesting his opinion on the
restrictions of the court order_on the Milk Inspector and
Town Officials, pertaining to the collecting of milk samples
directly from the B.L. Cummings delivery trucks.
The letter from Mr. Edward T. Martin, Deputy Attorney Gen-
eral, stating that the case of the B.L. Cummings vs Commissioner
of Public Health had been placed on the list of cases for trial
for the week beginning Monday May 24, 1965 was read by the Board.
Mr. Finneran was instructed to check on this case when it was
heard in court.
The subdivision plan entitled "Green Valley, Section 7"
was approved by the Board. This subdivision was checked by
Mr. Lucas of Whitman & Howard, Inc. and will be public sewered.
Mr. Finneran explained that Mr. Mazzeral of the Park De-
partment came to him and explained that this year they were
using a new method for the treatment of the Dutch Elm Dis-
ease, a highly concentrated insecticide of organic phosphorous
which is injected directly into the center of the tree trunk.
Upon checking the insecticide and the treatment recommended in
the event of accidental exposure and contimination Mr. Finneran
sent a letter to all the doctors in Lexington notifying them of
the use of the insecticide and also the recommended treatment.
The Board commended Mr. Finneran on his action in this matter.
Mr. Finneran reported that Miss Joyal of the District
Health Office met with him to discuss the Child Care Centers
in Lexington. This was a routine check on us as licensing
agent, everything was found to be all right.
Lot 39, Colonial Acres was approved for building by the
Board. Mr. Finneran explained that when the subdivision plan
for Colonial Acres was submitted the lot grades and street
grades were not shown and therefore restrictions were placed
on the lots by the Board of Health, now when a lot is built
upon and sold approval must be obtained from the Board for
recording in Land Court.
24 NORMANDY Mr. Finneran explained that the owner of 24 Normandy Road
ROAD had been in to see him about a proposed addition to his house
which will bring the foundation to within 10 feet of an existing
cesspool. This does not conform to the Board of Health Regula-
tions but the owner has already applied for public sewer connec-
tion and the connection can be made as soon as the Woodhaven
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Trunk Line is completed. A memo, to this effect, was sent to
Mr. Irwin, Building Inspector, in order for the owner to obtain
a building permit.
Mr. McQuillan reported that Mr. George Sheldon, of the SEWERS
Board of Selectmen, called him and requested information on the
Burnham Road area. Mr. Finneran explained that he wrote to Mr.
Cheldon and explained that the engineering report from Whitman
& Howard, Inc. approved the subdivision and that the report also
cited the excellent leaching quality of the soil. He also
reported to Mr. Sheldon that the septic tanks and leaching areas
were considerably larger than those recommended in the engineering
report.
Mr. Gray, Executive Secretary of the Board of Selectmen, also
requested a comparison of the State requirements and the Health
Department requirements for Sanitary Disposal Systems. This
comparison was sent to the Board of Selectmen and showed that
our local regulations required a much larger leaching area and
also a much larger septic tank.
Mr. McQuillan called to the attention of the Board the
editorial regarding Sanitary Sewage Disposal Systems in the
Minute Man Publication of May 13, 1965. This editorial cited
the many complaints from residents in unsewered areas and the
problems arising from the many subdivisions in unsewered areas.
Mr. McQuillan explained to the Board that after reading
this editorial he had drafted a statement in chronological order
of the action taken by the Board of Health from 1953 through
1956 taken from the permanent records of the Board of Health.
He would further advise that the Board of Health, Board of
Selectmen and the Planning Board meet and give further consid-
eration to building in unsewered areas. A draft of this state-
ment was read by the Board and a motion was made and seconded
that the statement be submitted for publication in the Minute
Man Editon of May 20, 1965.
The Board asked Mr. Finneran if he had heard from the
two Daries and three eating establishments regarding the
warning of the high counts received in the analysis report.
Mr. Finneran said only one food establishment had stated they
were upset.
The Health Officer's report was checked and Mr. Finneran
was instructed to notify H.P. Hood and Cumberland Farms of the
high plate count obtained in the milk analysis report. Also
Miss Wright, Coodinator of the School Lunch Program, of the
high plate count obtained in the swab analysis report from
Harrington School and the Senior High School.
The approval for renewal of license for the Fairlawn
Nursing Home was signed by the Board.
MILK COUNTS
LICENSES &
PERMITS