HomeMy WebLinkAbout1968-05-28192
SPECIAL MEETING BOARD•OF HEALTH
1"lay 28, 1968
A Special meeting of the Board of health was held Tuesday,
May 28, 1968 at 7:00 P. M. in the Health Department Office.
Members present were R. L. McQuillan, Chairman, Dr. Charles Col-
burn, and Robert C. Heustis, Director of Public Health.
Mfr. McQuillan explained that he and Mr. Heustis had met with
the Recreation Committee and Mr. Cortel, a bioligist, to discuss
the proposed plans for developing the "Old Lexington Reservior"
for recreation. The purpose of this meeting was to get a definite
statement from the Board of Health regarding the acceptance of
the "Res" for public swimming.
Dr. Colburn said he had read the report written by Mr. Cor -
tel, the State Sanitary Code for public swimming pools, the Am-
erican Public Health Code for public bathing areas and the code
applicable to this situation would be the American Public Health
Code. In reading Mr. Cortel's report he would say that if this
plan was carried out as stated, the "Old Res" would meet all
the requirements as stated in the American Public Health Code.
Mr. Cortel: I feel that on my assessments and recommenda-
tions and according to the American Public Health Code this area
will more than meet the minimum standards for a public bathing
area.
1r. McQuillan: As far as this Board is concerned, we have
only to approve the area, the costs and development would then
be up to the Recreation Committee and the Board of Selectmen.
We can approve this based on Mr. Cortel's report and recommenda-
tions.
Mr. Heustis: We have to be sure that this area will meet
the ninimum standards, at the present time it will not meet any
of the standards. Mr. Conley, the State Engineer from the North-
east District Office, went over the area today and made a verbal
statement that he wasn't impressed with the area and will recommend
to his department that a written report be submitted to Lexington
stating that the area was not favorable for a public swimming.
Mr. Conley checked the water shed, the in -flow and out -flow and
he was very doubtful if an acceptable coliform count could be main-
tained with the rate of flow. The coliform counts must be main-
tained at below 2400 per militier.
Dr. Colburn: According to Mr. Cortel's report the equipment
he recommends be installed would circulate and airiate the water
and also this equipment can be used to chlorinate the water if
necessary.
Mr. Cortel: There is now some doubt that chlorination is
effective where the organic matter is in quantity. This question
is being discussed now by the biologists and public health repre-
sentatives. The recirculation and aeriating is what we based this
report on. We do get accelerated counts in the warmer weather and
under drought conditions.
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Mr. McQuillan: This equipment does include the chlorination
equipment, is that right? Where the State has indicated that they
would not approve this area it does present a problem.
Mr. Cortel: The State does not approve these ponds unless
there is a torrent of fresh water coming into them at all times.
My report is based on two things: 1. The counts we have obtained
from the water samples taken and 2. The success I have had and
seen in similar situations elsewhere.
Dr. Colburn: I agree there is a great potential at the "Old"
Res", however I have walked around the area many times and have
never seen any out -flow even after a season of very heavy rain.
Mr. Heustis: The State Engineer recommended that the gate be
dropped and we could see what the re -charge rate would be. That
could be done when the beach is made.
Mr. Cortel: From Julu on there are very few bathing areas
of this type that can show much of a flow going out all the time.
Dr. Colburn: Waldon pond is much larger than this area and
is spring fed the same as this is and they have been closed for
three years now. We wouldn't want to make an approval if this
area had to be closed after a short time of normal use.
Mr. McQuillan: We should have a statement from the State
Health Department before we make a positive statement.
Mr. Heustis: The State does not give a blanket approval
unless the re -charge rate is at least 500 gallons per day.
Dr. Colburn: I noticed ..our report of the water samples
taken in your study. I am surprised you did not take more samples.
Mr. Cortel We did take more samples what is in the report
is a representative number of the samples taken. We do what we
call "grab -samples" and then if we find anything significant we
go out and take replicate samples. I did not record the "grab -
samples" in this report.
Dr. Colburn:
1966 water samples
120 and stream "B"
Is, this acceptable
300 people in this
In your report, table II, I notice in July,
listed with coliform count in stream "A" of
110 and the reservior 95 without any swimming.
for mazimim use of the type you describe for
area.
Mr. Cortel: I listed the coliform in July because of the
warm weather and it would be at its highest. The 1967 report puts
the coliform at 25 which I attribute to a dilution factor because
of the wet summer.
Dr. Colburn: In 1966 we would have had trouble with this
area. In terms of citizens we favor this spot for recreation
development but as public health officials we must be sure that
this project is workable and safe. We would not like to approve
this and then in the hot months, after the Town had spent x num-
ber of dollars, have to close the area down because of pollution
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or contamination. The coliform count of 95 could go up to 3000
with 300 bathers.
Mr. Cortel: We took the samples to test the natural factor
of the reservoir, at a count of 95 it is not pollutted.
Mr. Heustis: The Department of Natural Resources considers
a count of 24 hundred all right.
Mr. McQuillan: This is a small pond for 300 bathers.
Dr. Colburn: If we go along and approve this subject to
your recommendations will you guarantee that this pond will meet
the standards of the American Public Health Code.
Mr. Cortel: This was a small projevt started by a few neigh-
bors, I never would have got involved if I knew to what propor-
tions it wouldgo to, but I also would not have got involved if
I didn't think my recommendations would work.
Mr. Bond, Chairman of the Recreation Committee, came in and
Mr. McQuillan brought him up to date on what had been discussed.
Mr. Cortel: Originally the Conservation Committee had
requested I do a survey bf the "Old Res" to determine if it could
be developed for a bathing facility for the town. My survey is
based on a maximum of 300 bathers at any one time, not hoards of
people. The use would have to be controlled.
A discussion of the cost to the town and the facilities needed
for the development of this area followed.
Mr. Heustis: Maybe you could interest one of the civic groups
in this project. They could carry on a pilot program for a few
years and then the town could take over from there if it was success-
ful.
uccess-
ful.
After further discussion of the various committees and Boards
involved in a project of this type, Dr. Colburn said as he under-
stood the law in a project of this nature, the Board of Health
could make a statement that they approved the area if the recommen-
dations as stated in Mr. Cortel's report was followed and if
these recommendations and equipment to be used would develop this
pond in such a way that it would meet the minimum standards for
public bathing places as stated in the American Public Health Code,.
Mr. ItcQuillan: I am perfectly willing to make such a state-
ment at Town Meeting, but I also feel we should include in this
statement the fact that we have had a State Engineer out to go over
this area and at this time the State does not approve the area.
The Board agreed that a statement would be prepared for Town
Meeting approving the development of the "Old Res" for bathing
purposes for not more than 300 people if the area was developed
in accordance with Mr. Cortel's recommendations and if these
recommendations and equipment will make this area meet the mini-
mum standards of the American Public Health Code. It is also to
be mentioned, in this statement, that the area was checked by a
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State Engineer from the District Public Health Office, and was
found to be unfavorable. It is hoped that a written statement
from the State Health Department will be received before Town
Meeting.
A short discussion of the use of sanitary facilities and
the cost to the town followed. Mr. Bond discussed a pilot pro-
gram in order to keep the cost to the town at a mimimum for the
first few years.
Mr. Cortell and Ar. Bond thanked the Board and retired.
Mr. Joseph Macauda, propietor of Pepe's Restaurant, and his
lawyer, Mr. Paul McCaffrey, came before the Board for a hearing
on the revocation of the Food Establishment Permit for Pepe's
Restaurant.
Mr. Heustis explained that a complaint had been received on
Friday morning, May 24, 1968, that the sandwich rolls left on
the sidewalk outside Pepe's restaurant were all over the ground
and dogs were aroundthe rolls and bags which the rolls were in.
He went on to explain that Mr. Macauda did not open his establish-
ment until around eleven in the morning and the rolls were left
early by the baker. He went on to explain that he had noticed
this before and had spoken to Mr. Macauda about making some ar-
rangements to see that the rolls were not left on the sidewalk.
On Friday when he went down to check the complaint he had to sit
in the car and wait for Mr. Macauda, while sitting there he no-
ticed the dogs around the bags of rolls and at least one dog was
seen urinating against the bags. He did confiscate the rolls and
then issued an order to close until a hearing could be held by
the Board.
Mr. Macauda: When Mr. Heustis spoke to me about the rolls
the first time I made arrangements with the owner of the Barber
Shop to have the baker leave them there. Now I understand the
baker had an argument with the Barber and that is why the rolls
were left on the sidewalk again.
Mr. McQuillan: Mr. McCaffrey do you want to talk this thing
out or do you have some definite action you are going t -o take in
mind?
l rt ;McsCaffreyll ItthInk ie could talk this over.
Mr. McQuillan: It was funny how this happened, I saw the
rolls on the sidewalk as I drove by on my way to Boston early
that morning, when I came out I stopped to speak to Mr. Macauda
about it and Mr. Heustis was there serving the notice regarding
the closing of the store. In the handling of food, we, as the
Board of Health, cannot have bread or any food stuff left on the
sidewalk or floor and then served to people.
Mr. Heustis: Mr. Macauda explained that the bags were coated
and etc. to protect the contents from incidents such as this, but
regardless the food is still contaminated.
Dr. Colburn: Could Mr. "lacauda have a clean barrell with
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a tight cover for the baker to leave the bread in, would this
aolve the problem?
Mr. McCaffrey: We only want to rectify this thing and get
back into business.
Mr. Heustis: The dogs would knock over any barrel as they
do with rubbish barrels and the problem would still exist. I feel
a different arrangement will have to be made for the -delivery
of these things.
Mr. Macauda: I
to me the first time
noon and he said No,
at the Barber Shop.
did ask the baker, when Mr. Heustis spoke
, if he could deliver the rolls in the after -
that is when I arranged for him to leave them
I did not know they had an argument.
Since this thing happened Friday I have called different
bakers and have found one in Newton, Mazolla's, who will deliver
the rolls in the afternoon when I am open. This should solve the
problem.
Mr. McCaffrey asked Mr. Macauda if there was a couple of
other things he wanted to mention at this time. He said we might
as well get everything straightened out now.
Mr. Macauda: The thermometer for the refrigerator, I got
that, and Mr. Heustis also spoke about the screen door, I called
the landlord about that but they couldn't find it so I bought one
myself so that should be taken care of right away. I still do not
have one for the back door yet but will keep that door closed un-
til I have a screen door for it.
Mr. Heustis: I told you about posting your licenses, too.
Nr. McCaffrey: He is going to get some frames and hang them
up so they will be able to be. seen.
The Board told Mr. Macauda if the arrangements he had made for
the delivery of bread were carried out properly then that should
take care of the problem, but he must be careful to see that the
rolls and etc. were not left on the sidewalk any more. The other
corrections Mr. Heustis spoke of should be done as soon as possible
and on this babis the license for a Food Establishment would be
re -instated.
Mr. Macauda and Mr. McCaffrey assured the Board things would
be closely watched from now on. They thanked the Board and retired.
As there was no further business to discuss and the regular
meeting is scheduled for June 14th the meeting was adjourned at
9:00 D. M.
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