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HomeMy WebLinkAbout1969-11-03292 The plans indicating the furniture arrangement for the new office space was approved by the Board. The following permits were signed by the Board: Food Establishment Permits: (Food Service) ARA Services, Inc., Honeywell Radiation Center Child Care Centers: The Iris Howard Nursery Methodist Weekday School Manor Nursery & Kindergarten School Community Nursery School Lexington Nursery & Kindergarten, Inc. Meeting was adjourned at 9:00 P.M. c BOARD OF HEALTH MEETING NOVEMBER 3, 1969 The regular meeting of the Board of Health was held Monday, November 3, 1969 at 7:00 P.M. in the Board of Health Office. Members present were: Dr. William Cosgrove, Chairman; Dr. Charles Colburn, Mr. James Lambie and Robert Heustis. The minutes of the October 6, 1969 were approved with the fpllowing correction. The motion made by Dr. Colburn regarding the licenses of Blue Ribbon Dairy, Ware Dairy and Commonwealth Dairy Stores the word "revoke" be changed to suspend. Motion would then read as follows: I move notice be sent to Blue Ribbon Dairy, Ware Dairy, Commonwealth Dairy Stores (Cumberland Farms) stating that at the regular meeting of the Board of Health the Milk Inspector was instructed to suspend their licenses to become effective November 4, 1969. 1 Mr. Heustis reported that Anthony DeFelice of 22 Mellex Road, appeared in court on October 30th. The case was continued to the ANTHONY 29th of January, 1970. Also, there was no violation to the Hatch DeFELICE Act as the DeFelice property is classified as agriculture property. He was instructed by the court to protect the brook. Mr. Lambie said I went up to look at this and he had done about a 1000 feet of this filling in along the brook. Mr. Heustis said that is right. It was agreed that this matter was up to the court now. SEED Mr. Heustis reported that Mr. Seed owner of the residence at LANDLORD 342 Bedford Street had not corrected the condition of the back-up 342BEDFORDsewage. He went on to explain that the original order was sent STREET 1 by constable on October 10, 1969. Mr. Seed appeared in court on October 29, 1969 and requested a continuance in order to obtain the services of counsel. The case is scheduled for Thursday, November 6, 1969. He went on to say the Board could condemn the dwelling which is what Mr. Seed wants so he can get his tenant out. Or if the Board had the money they could hire a plumber to repair this con- dition and then attach the property for payment. Dr. Colburn said he felt this was a definite health problem and should be taken care of. Dr. Cosgrove suggested Mr. Legro be contacted and see if the Board has the right to hire a plumber to fix this situation. After further discussion it was agreed to see what action the court would take on Thursday, but it was agreed that this problem should not be let go any longer. Mr. Heustis reported that a letter had been received from the lawyer of Mr. Corey, Mr. O'Keefe and Mr. Price regarding the sewage installation on Lot #14 Carriage Drive. Mr. Lambie asked doesn't this conform with the specifica- tions of the original plan. Mr. Heustis said yes it did but Mr. Corey called and questioned the elevation of the leach bed and the swale he said he thought it was higher than the ground in O'Keef's. Mr. Cahill has requested swale subject to the approval He will submit a new plan and a change in the elevation of the of Mr. Lucas, Whitman & Howard. I will send it to Mr. Lucas. Dr. Cosgrove said I wish we knew how much this one system has cost us in engineering fees for 2 residents and one resident of Bedford. As far as I can see if Whitman & Howard agree it will be okay. Dr. Colburn said I think we might be short-sighted if we do not have Whitman & Howard Engineers certify that this system was installed according to the plan as accepted by these abuttors. 293 LOT #14 CARRIAGE DRIVE Mr. Lambie said he thought we should take any steps necessary so that we are sure this system was installed according to the approved plan. Dr. Cosgrove told Mr. Heustis to about having this work certified also be approved by them before permission grades as now shown on the plan. check with Whitman & Howard any change in the swale must is granted to change the Mr. Heustis reported that he had closed the Drummer Boy Restaurant at Battle Green Inn. His inspections showed that all the refrigerators needed cleaning and adequate storage and refrigeration provided for the salad counter. The dishwasher DRUMMER BOY RESTAURANT CLOSED TEMPORARILY 294 was in need of repair and thewaterpressure was inadequate. cr tm Dr. Cosgrove asked if any of these repairs had been made. Mr. Heustis said "yes" they had corrected everything but the water pressure and Kirkland and Shaw were working on that. Mr. Heustis said that since the fire a few weeks ago they had done very little cleaning up. Dr. Cosgrove asked if the permit had been re -instated and if so how long was the restaurant closed. Mr. Heustis said the dining room was closed from Tuesday through Thursday. They were still open as a hotel. Dr. Cosgrove suggested that when action of this type was taken, Mr. Heustis should notify the Board members in case they get calls from the owners they will know what has happened. DRUMMER BOY The Drummer Boy sub -division was discussed by the Board. SUB -DIVISION Mr. Lucas of Whitman & Howard has checked this sub -division and has stipulated grade elevation for the cellars of any dwellings built in this area. Mr. Lucas recommended that approval of this sub -division be subject to the approval by the Department of Public Works of the street, sewer and drainage design. Mr. Heustis said since Mr. Lucas had been out on this sub -division a letter from the Planning Board had been received requesting Mr. Lucas give his opinion on what effect the develop- ment of this area would have on the sections surrounding the proposed sub -division. After further discussion the Board agreed that no definite action would be taken at this time. Mr. Lambie said that he gathered from the Planning Board letter they would like Flood Plan Zoning and that would take a lot more engineering services than we are equipped to do. At eight o'clock the abuttors and neighbors to Vernon Parsons, 65 Allen Street came before the Board to review the application for a permit to keep one horse on his premises. VERNON At the October 6, 1969 meeting the Board considered this PARSONS application but immediately following this meeting a number of HORSE complaints from the neighbors and abuttors were received. It PERMIT was decided to hold this permit until this public review could be held. Dr. Cosgrove called the meeting to order and explained that because of the controversy regarding this application for a per- mit the abuttors and neighbors had been notified of the reniew. He continued to state that the application for a permit requested 2 horses and 1 pony. A correction was made at this time by Mr. Parsons stating permission was requested for just 1 horse. 1 1 1 Dr. Cosgrove then asked if this group had a spokesman for pro or con on this permit. It was noted nobody had been delegated as spokesman, they were just a group of interested neighbors with individual opinions. John Hopkins asked that ground rules be set up and if there were tape recorders in the room they be identified. The Board of Health did have a tape recorder and the tape will be public record. The private recorder in the room was not working. After some discussions the meeting was continued. Mr. Parsons explained he had applied for an application to keep a horse. Dr. Cosgrove questioned the application for 2 horses and 1 pony. Mr. Parsons stated just one horse. He continued to explain that he had the required acre of land, his intent to erect a small barn with a building permit, the proper maintenance of his property in order that he wouldn't create a nuisance in the area. Dr. Cosgrove asked about the horse being kept at 65 Alien Street without a permit prior to September 23, 1969 when applica- tion for a permit was made. Mrs. Parsons said that the horse was kept without a permit because she thought that the permit Mr. Cormack had would cover the horse. She then read letters from neighbors who had no ob- jection to the keeping of a horse at 65 Allen Street. The letters were given to the Board for their records. Mr. Hopkins was then recognized by the chair. Mr. Hopkins said he had come into the Health Department Office and complained about the odor, flies and filth created by this horse. He said he felt that it was not right that he had to have the horse outside his kitchen window all summer._ He went on to say that his wife, crippled by arthritis, was unable to go into the yard because of the horse being so near his property. Mr. Hopkins son John read a prepared statement regarding the violations and unsanitary conditions surrounding the main- tenance of a horse at 65 Alien Street. (A copy of this state- ment is on file ii le Board of Health records.) Mr. Hopkins other son continued with a statement regarding violations of the Board of Health Regulations concerning the transportation of household offal etc. Also the cleanliness of premises. Mr. & Mrs. Grabski objected to the odor and flies caused by this horse. Mrs. Ayer said she had trapped a gallon of flies in a three week period. 2()` „, a 296 C.� Cr Mr. & Mrs. Garside expressed their objection to the odor and flies. Mr. Belt said we have good neighbors and we have nuisances and the good neighbors we know, the nuisances are being shown tonight. Mr. Parsons is a good neighbor. Mrs. Manning expressed no objection to the horse. Mr. & Mrs. McElman had no objection to the granting of this permit. Mr. Garside stated that he was located on the other side of Mr. Hopkins and he did get more odor and flies this year than usual. He did say that people with children were apprehen- sive when the horse got loose. He would not object to the horse if the area was kept clean and the animal was properly fenced. Mr. Parsons said he would keep the area clean and he was going to put up a fence. After further pro and cons on this subject Dr. Cosgrove allowed the Hopkins to show LF slide pictures of the conditions under which the horse was being kept. A tape recorder was used for this review and the tape will be placed on file in the Health Department records. The Board adjourned to executive session. Dr. Cosgrove said he understood Mr. Parsons to say he was going to fence in the area where the horse would be. Dr. Cos- grove said he would like more information about this. Mr. Heustis was instructed to write a letter requesting the information. Further action on this matter was then tabled for the time being. Mr. Cataldo and his attorney Mr. Daley came before the Board to discuss the proposed land fill program the Town of Arlington is interested in conducting on about 41 acres of wet CATALDO land belonging to Mr. Cataldo. DUMP FOR ARLINGTON The Board asked if the November 15, 1969 deadline was still a factor. Mr. Cataldo: "No, the Town of Arlington will continue to use the Saugus dump for most of their rubbish but would use this land for the trucks that were still picking up rubbish late in the day. Mr. Daley: We have checked with the Department of Natural Resources and this property would be exempt from the Hatch Act. Also, Mr. Tarbell, State Sanitary Engineer, from the Tewksbury Office was going to make an inspection for the water resources. He will then submit his recommendation. Mr. Daley: Our thought on this inspection was in case it was necessary to have that brook piped or anything like that. 1 1 297 Dr. Cosgrove: I think if you had definite plans for that brook it would help us. I really feel the brook should be piped. Mr. Cataldo: That would certainly help us, we have land on the other side we cannot get to. Mr. Lambie: Isn't there a sewer line going down along the brook? Mr. Cataldo: Yes, the M.D.C. line is there, but it is far enough away so we should not interfere with it. Mr. Daley: We plan to keep about 20 feet from the sewer line and the channel of the brook, in fact, some of the peat will be cleaned out of the brook. The Town of Arlington now indicate that they will continue to dump in Saugus the majority of the time. They will use this area for late trash collections or if the weather is bad. Mr. Lambie: How high are you going to come with this fill, extending down towards brook, should not be above the existing reservoir. Dr. Colburn: We would like these things in writing, Just what you plan to do, a letter from the Arlington Public Works outlining their plans, a letter from the Arlington Board of Health and possible a letter from the State. How much fill will be used? Mr. Cataldo: They say about 25% fill is used over the dump. Dr. Cosgrove: How long after this land is filled can you use it for planting. Mr. Cataldo: As soon as the ph is tested and what will be required in fertilizer we will be able to plant on it. Dr. Cosgrove: Anything else? Mr. Lambie: How long does the Town of Arlington figure they will be using this area. We certainly do not want a prolonged nuisance. Mr. Cataldo: At this particular place they figure about one year. If Saugus is closed it could be in less time. Dr. Cosgrove: We are at present planning a special meeting in a couple of weeks if you could get all the letters and your written plan into us we could take some action. Mr. Daley & Mr. Cataldo said they would get everything to the Board as soon as possible. They thanked the Board and retired. The application for a permit to keep one horse by Robert Mann, 5 Pelham Road was discussed by the Board. 29S Mr. Heustis explained that Mr. Mann did not have the required acre of land but the area was desirable for a horse. MANN He said he suggested to Mr. Mann that possible the Grey Nuns HORSE would give him permission to use some of their open land to PERMIT complete the area. Mr. Manns letter states he did discuss this with the Superior of Maryvale but they referred him to the Provincial House. Secondly, the disposition of the Grey Nuns property is uncertain at this time. In view of these factors Mr. Mann felt that it would be more desirable if the Board would grant a waiver of the requirement of one acre of land. Dr. Cosgrove said he would like to see this area and the letters from the people abutting the property but he wondered if anyone checked with the people across the street. Mr. Heustis said "No". Dr. Cosgrove said these people should be checked and also he wanted to know how far the Grey Nuns property went. This permit will be held until all the additional infor- mation is received. The Board discussed the proposed fee schedule for permits and licenses issued by the Board of Health. The letter from the appropriation committee stating that they thought the increase in the engineer's fees should be looked into. Dr. Cosgrove said originally the Board of Select - FEE men recommended Whitman & Howard and he thought possible a SCHEDULE letter to them at this time asking for suggestions might be in order. New fees were set by the Board as follows: LICENSE or PERMIT PRESENT N'B}s NEW FEE Food Establishment (Grocery Store) $ none Retail Food Establishment (Restaurant) 1.00 Operate Semi -Public Swimming Pool 2.50 Construct Semi -Public Swimming Pool none Installer's Permit 2.00 Septic Tank Repair 5.00 Sewage Disposal 2.00 per Co. Rubbish Disposal 2.00 per Co. Garbage Disposal 2.00 per Co. Massage License 5.00 Vapor Baths none Funeral Directors none Mobile Canteens 1.00 Caterers none 1 $25.00 25.00 15.00 25.00 15.00 5.00 5.00 per truck 5.00 per truck 5.00 per truck 5.00 5.00 5.00 5.00 per tr 25.00 1 1 u' ((jj LICENSE or PERMIT PRESENT FEE NEW P2hE off' 9 Animal Permits Hens none $ 5.00 Pigeons none 5.00 Rabbitts none 5.00 Horses none 5.00 per horse not to ex- ceed $50.00 Mr Heustis was instructed to check engineering fees for new septic tank construction and sub -division application approval. Dr. Cosgrove suggested that a special meeting be held for the milk dealers on November 17, 1969. Each dealer will be notified to come at a special time. The Board agreed and Dr. Colburn suggested the first dairy be scheduled at 7:10 , then each one a half-hour apart. Dr. Cosgrove suggested that because of the late hour the meeting adjourn and resume tomorrow, Tuesday, November 4, 1969, at 7:00 P.M. TUESDAY, NOVEMBER 4, 1969 Meeting resumed - all members present. Dr. Cosgrove suggested that the review of the Parson's animal application permit be discussed. Dr. Colburn: I went out there with Mr. Heustis this morn- ing to get an idea of the area. I would suggest we warn Mr. Parsons that this place be fenced and make this warning very strong. The man has the required acreage and we should be able to give him the permit. Mr. Lambie: I stopped on my way home last night. I feel we have to consider the neighbors on the whole. PARSONS Dr. Colburn: I certainly feel that there should be a HORSE restriction on where the horse is kept. McElman's horse is a PERMIT good deal of the cause. Dr. Cosgrove: Only reason McElman got his horse was be- cause he has use of Parsons land. Mr. Lambie: I think this permit should be granted but with restrictions. I checked this place out and if this horse was kept away from Hopkin's yard and the area kept clean it could work out all right. If I were Mr. Hopkin's I would not like to see a horse right outside my window. Dr. Colburn: We can't solve this problem until McElman's horse is kept under control. 300 Dr. Cosgrove: I still don't like the idea that he PARSONS tethered this horse there all summer without a permit. He said HORSE Cormacks had the permit but he must have had some idea he needed PERMIT a permit if the horse was in his yard. I feel that he sensed this trouble was coming and then came in for the permit. Mr. Heustis: We could find out when Cormack sold him the horse. Dr. Colburn, It is obvious if this permit is granted these neighbors will be scrutinizing the whole procedure and any minor thing will be a basis for a complaint. Dr. Cosgrove: Actually this could have been avoided. In the past the Health Officer would canvass all the abuttors personally and then if there were objections we would weigh these objections and act accordingly. Dr. Colburn: I have been thinking these horse problems are taking over one third of our time at our Board Meetings. We have nothing in our regulations as a basis for refusing this permit. After further discussion it was agreed that Mr. Heustis should write Mr. Parsons for a detail plan of the area he plans to fence and the material he plans to use. The application for approval of the Maryvale Rest Home was MARYVALE signed by the Board. This approval application is sent by the REST HOME State to the local health department and when our approval is received the State Health Department issues the licenses for the rest home. The sub -division plans for Idlewild Farms was discussed by the Board. There was not enough information filed with IDLEWILD this sub -division, therefore, until further information is FARMS received and Whitman & Howard makes a report no action will SUB -DIVISION be taken. The Budget for 1970 presented to the Board. The Personal Services Account was approved with the following requests: a re-classification for Clerk -Agent Dorothy Jones from an S-7 to an S-12. Mary Smith was re- commended to the next step increase S -3-B to S -3-C. The following expense Budget was approved: Office Supplies Dup. & Photo Supplies Books & Periodicals Automotive Supplies Gasoline & Oil Tires, Tubes & Chains Chemicals Medical Supplies Supplies & Materials Other Printing & Stationery Postage $ 300.00 50.00 25.00 75.00 250.00 100.00 75.00 100.00 50.00 250.00 25.00 1 1 1 Expense Budget cont'd Communications (Doctor's Emergency Serv.) Advertising Professional Services Travel Inside Commonwealth Contractural - Not Listed Dues & Membership Hospital Services Health - Engineering Account $ 360.00 400.00 5645.00 365.00 480.00 75.00 1500.00 700.00 The Animal Inspector Personal Services Account was approved for a re-classification from a My -4 to My -6. Dr. Smith has re- quested this increase because of the added responsibilities of the position. The Rabies Clinic expenses were approved as follows: Printing $ 200.00 Professional Services 250.00 Medical Supplies 500.00 Advertising 90.00 Supplies Not Listed 30.00 Transportation - Heads to Lab. 150.00 The quotation on laboratory equipment from Howe & French for $1324.55 was discussed. The Board felt that this was high and suggested the Health Officer check other suppliers. Mrs. Jones reported that Mr. Gray said the Board of Health should put in an Article on Fluoridation. 301 FLUORIDATI01 The Board said according to the law this should be done by the Water Department. Mr. Heustis said he talked with Mr. Burke and Mr. Burke said it would cost $1000.00 for a preliminary survey, $4000.00 for a complete survey. Then another sum will have to be requested for the equipment. Dr. Cosgrove said if we have to put in seperate articles this could delay the program a whole year. I would like to check with Dr. Dunning at the Harvard Dental School before we go any further. The use of the tape recorder at the hearing on Parsons animal permit was discussed and the Board thought it was a good idea to have one for use at hearings. It was decided to see how the budget stood at the end of the year. The following permits were signed by the Board: Food Establishment Permits Bellino's Donut Shop Arno Delicatessen Inc. (Formerly Countryside Deli) Coytets Canteen Trucks (2) Bamboo Hut