HomeMy WebLinkAbout1970-03-021
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BOARD OF HEALTH MEETING
MARCH 2, 1970
The regular meeting of the Board of Health was held Mon-
day, March 2, 1970, in the Board of Health Office at 7:00 P.M.
Members present were: Dr. William,Cosgrove, Chairman, Dr.
Charles Colburn, Mr. James W. Lambie and Robert C. Heustis,
Director of Public Health.
The proposed stable regulations which will be added to STABLE
Board of Health, Rules and Regulations, Chapter VII, "Keeping REGULATIONS
of Animals" was discussed by the Board. Changes were made in
article "h" relative to the drainage in the barns and stables,
and a regulation was proposed and accepted that all stallions
must be pasteured inside a 6 foot high chain link security fence.
These changes were recorded by the clerk
Motion was made and duly passed that the Board of Health
approve and adopt the Stable Regulations, such regulations to
be added to Chapter VII, "Keeping of Animals". Sections 5, 6,
7, 8, and 9.
Addition to Rules & Regulations of the Board of Health, Chapter
VII:
Section 5. HORSE STABLING REGULATIONS
a. Terms Defined. The word person shall include an individual
partnership, corporation, firm, association or group, including a
city, town, county or other governmental units.
Stable. The building used to keep one or more horses and
store the food supplies and equipment normally associated with the
keeping of horses.
b. No person shall keep within the limits of this town, in any
building or on any premises of which he may be the owner, lessee,
tenant or occupant, any horses without a permit from the Board of
Health. All permits expire annually one (1) year from date of issue.
c. No person shall keep a horse on land containing less than
two (2) acres with lot dimensions acceptable to the Board of Health.
All persons shall be limited to a maximum of three (3) horses in
areas up to four (4) acres, additional horses may be kept on more
than four (L) acres by application to the Board of Health if lot
dimensions are acceptable to the Board of Health.
d. No person shall erect, occupy, or use for a stable to keep
one or more horses in any building in the Town of Lexington unless
such use is approved by the Board of Health. Each stable shall
contain a minimum of one -hundred (100) square feet for the first
animal, and at least sixty (60) additional square feet for each
additional animal and provide adequate space to store feed and
equipment.
e. Any person who proposed to remodel a building or a portion
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thereof which is being used as a stable, or who proposed to
renovate any existing stable, or who proposes to construct
a new building which is to be used in whole or in part as a
stable shall, prior to such remodeling, renovating or con-
struction, submit plans in duplicate to the Board of Health
for approval. Such construction must begin within (90)
ninety days of the issuance of a permit or the permit will
be null and void.
Section 6. SANITARY REQUIREMENTS
a. Each stable shall be furnished with an adequate and
safe water supply, both for feeding and cleaning purposes.
b. Urine and wash water shall be discharged only in a
dry well. Such dry well shall be located and constructed in
a manner acceptable to the Board of Health.
c. Bedding shall consist of straw, hay, or like substances
but shall not contain in whole or in part any wool waste.
d. All manure must be removed from the stalls and corrals
at least once each day.
e. Manure shall be stored in closed containers, in a pit
below ground or in a manner acceptable to the Board of Health.
If manure is stored in a pit below ground, it shall be covered
with a plastic mesh trap or equivalent, or a minimum of two (2)
inches of dry material, such as loose dirt, to keep down fly bree
ing populations.
f. Location of manure pits must be approved by the Board
of Health.
g. In fly breeding seasons, manure storage shall be period-
ically treated with chemicals for fly control. Any chemical
approved by the Department of Public Health shall be acceptable.
h. Floors shall consist of any material acceptable to the
Board of Health, providing it is constructed in such a manner
as to drain into a catch basin, or so that each stall shall
have a separate catch basin connected to a central dry well or
such other method of drainage acceptable to the Board of Health.
i. For ventilation purposed, each stable shall have an
effective screened window area of at least 10% of the total
floor area.
j. Each stable shall be located on land with good drainage
and not susceptible to flooding.
k. Each stable shall be at least 50 feet from any swamp,
stream, or pond and at least a minimum of one -hundred (100)
feet from any occupied abutting dwelling or well and at least
twenty-five (25) feet from any street or public highway.
Section 7. All exercise areas for stallions outside of
the barn must be enclosed by a six (6) foot high chain link
security fence.
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Section 8. Permits
a. A Permit shall cost five dollars ($5.00) per horse up
to ten (10) horses, maximum fee $50.00 (fifty dollars), and shall
be renewed annually.
b. Applications for a permit to keep horses shall be sub-
mitted on a form supplied by the Board of Health. Such applica-
tions shall be accompanied by a plan showing the property to be
used, the names and addresses of all abuttors, the proposed lo-
cation of the stable, the location of any streams, drains, or
known sources of water supply within one -hundred (100) feet of
the stable. The application shall also be accompanied with a
proposal or plan to indicate how the property shall be maintained
so that it will be kept clean and free from filth and stagnant
water and the method to be used to control flies and rodents.
Such plan shall also show the construction details of all dry
wells and drainage systems as required by Section 6b.
c. A Permit may be revoked or temporarily suspended by the
Board of Health upon violation by the holder of any of the pro-
visions of these regulations.
d. A permit to stable or keep horses on property in the
Town of Lexington is not transferable.
e. All permits issued for the keeping of horses prior to
the adoption of these regulations shall be valid and subject to
the regulations in effect prior to the adoption of these additions
and will be renewed provided they are still maintained by the
present registered owner. Any additions or changes of existing
permits issued prior to the adoption of these regulations will
be subject to these regulations as adopted by the Board of Health
on March 2, 1970.
Section 9. Fines. Any person who violates any provision
of these regulations shall upon conviction be fined not less than
twenty-five ($25.00) nor more than one -hundred dollars ($100.00).
The clerk was instructed to send a copy of these regulations
to Mr. Donald Legro, Town Counsel, and after he approved them the
regulations were to be published in the local paper in accordance
with the General Laws of Massachusetts. A copy must also be filed
with the Town Clerk.
The copy of the letter received by Mr. Brucchi of a meeting
to be held by a few interested horsemen who are objecting to the
new regulations adopted by the Board was read and placed on file.
The application for a permit to keep 19 horses by Joseph JOSEPH
Kelley, 83 Cary Avenue, was again discussed by the Board. KELLEY
PERMIT
Dr. Colburn: The brook whcih runs through Mr. Kelley's FOR 19
property drains into Hobbs Basin which is the water supply for HORSES
the City of Cambridge. I feel we should let the City of Cam-
bridge know that Mr. Kelley has filed application for 19 horses.
The drainage from this operation could cause some problems
with Hobb's Basin.
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Dr. Cosgrove: I checked Mr. Kelley's property on Wednesday.
and I will say the place was fairly clean. Inside the barn was
good. They still had the pile of manure by the side of the road.
While I was there I talked with Mrs. Kelley and she said that this
whole operation would be conducted in the barn. I understood Mr.
Kelley to say that there would be no more than 6 horses out in
the pasture at any one time.
The Board agreed Mr. Kelley did say no more than 6 horses
out at any one time.
Mr. Heustis: We should have more information before any
action is taken on this permit. I would like a contour map of
the property, the exact location of the brook, an outline of his
fly and rodent control, disposal of manure and the exact location
of the barn and facilities. I also think a statement should be
made of the exercising of the horses in the streets.
Mr. Kelley did say Mr. Mazerall was going to take the manure,
but the inititive should be Mr. Kelley's to provide this inform-
ation in writing.
Dr. Cosgrove: That may well be that Mr. Mazerall will take
the manure, but we say manure must be kept in tight containers,
or as the new regulations say a pit. Mr. Kelley should be pre-
pared to control this manure and not depend on someone to pick
it up.
The Board discussed the remarks of the abuttors and most
of the objections expressed concern for the safety of the
children in the area from loose horses and the traffic problems
created by the large trucks delivering the hay and the increase
in the number of cars if a riding school is operated.
Mr. Heustis was instructed to write to Mr. Kelley and re-
quest all the information needed for action on this application.
DUNKIN The letter from the State Health Department, Bureau of Air
DONUTS Management, rejecting the proposed exhaust system for Dunkin
Donuts was read by the Board. Mr. Murphy of Dunkin Donuts, Corp.
had been in earlier in the evening and was given a copy of this
letter. It was agreed that until the engineers for Dunkin Donuts
proposed an exhaust system acceptable to the State Health Depart-
ment no action could be taken by the Board. Mr. Heustis was in-
structed to notify Dunkin Donuts of this action.
The letter from John C. Collins, Director of Division of
Environmental Health regarding the granting of a variance to the
requirements for bathhouses and toilet facilities at semi-public
pools was read and placed on file.
The request for a variance of the number of toilets and
PEACOCK wash basin facilities for Peacock Farm Pool Association was
FARM POOL granted by the Board. Although the number of toilets was
modified it was stipulated that an open air shower was to be
provided, a supply of hot water for the wash basins and shower,
all drainage for sanitary facilities should be connected to
town sewer. These facilities were to be inspected by the Board
of Health before being put into use.
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The letter to Mr. Strong of the Massachusetts Restaurant
Association, regarding the raising of the permit fees was ap- FEES
proved by the Board.
Mr. Heustis explained that a cockroach infestation was n
noted at the time of a routine inspection of Bamboo Hut and the BAMBOO
establishment was ordered closed until the exterminating com- HUT
pany sent a report that there was no evidence of cockroaches.
Bamboo Hut was closed for approximately 2 weeks. it is now open
again.
The Board discussed this establishment and instructed Mr.
Heustis to notify Mr. Yee that if this establishment was found
in violation again it would be closed and his permits would be
revoked permanently.
The letter from the State Health Department, Division of OLD
Environmental Health, regarding the use of temporary sanitary RES
facilities at the Old Res was read by the Board.
Dr. Cosgrove: This letter would indicate that the Rec-
reation Committee went directly to the State Health Department
with a request to use temporary sanitary facilities at the "Res".
Mr. Heustis: That is right, but I understand they do not
want to spend the money for a permanent building in case this
does not work out.
The Board agreed that they have had no requests from the
recreation committee to act on. They instructed Mr. Heustis to
write to the recreation committee and tell them that until a
request for these temporary facilities is received the Board
cannot act.
The Whitman & Howard report on the definitive subdivision
plan entitled "Idlewilde Farm" was read by the Board. IDLEWILDE
FARM
Mr. Lucas had requested more information from the de-
veloper. The Board agreed that until more information was
received they could not act.
Mr. Heustis said he would send a copy of the report to
the developer and one to the Planning Board
Mr. Heustis explained that a request for a germ count had 15 ALBER-
been made by John Rostanzo, 15 Albermarle Ave.,, after a sewage MARLE AVE.
back-up in his home. He said he had called several times at
the house but no one eas home. He has written to Mr. Rostanzo
stating he will make an inspection of the basement of his home
if he would make an appointment.
The copy of a letter sent to the Planning Board from the VINE BROOK
Vine Brook Protective Association was read by the Board. This PROTECTIVE
letter was a report of the water and drainage condition in the ASSOCIATION
Vine Brook area and was prepared after a hearing by the Planning
Board on proposed rezoning of the area. This letter was placed
on file.
The letter from Annette C. Nickerson requesting information AIR &
on air and water pollution was read by the Board. At the presentWATER
time the only control of air pollution is through the permits POLLUTION
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issued by the Fire Department.
The following appointments for a term ending March 31,
1971 was approved by the Board. These appointments will be
APPOINTMENTS sent to the Town Manager for approval
Robert C. Heustis Director of Public Hea1t'Q
Robert C. Heustis Inspector of Slaughtering
Dorothy Jones Clerk -Agent
Mary Smith Special Agent
Howard A. Smith, D.V M Animal Inspector
Dr. William McLaughlin
Metropolitan State Hospital Special Agent
Paul F. O'Leary
Metropolitan State Hospital Special Agent
HANCOCK The approval for Hancock Nursing Home was held up at
NURSING the request of Dr. Cosgrove until further inspection was
HOME made. Dr. Cosgrove said he had two or three complaints
regarding this Nursing Home.
The following permits were signed by the Board:
R.E. Andrews
Val & Sons
Amicon Corp.
Sewage Permit
Rubbish Permit
Permit to Purchase Syringes
Mr. Gharibian, 17 Cary Avenue, attended this meeting as
a private citizen. He did inquire as to what action had been
taken by the Board on the Kelley application.
Mr. Lambie said he was very concerned about the drug
DRUG problem and he felt this was a public health matter. He
ABUSE said he felt that as a member of this Board he felt there DRUG
PROBLEM should be some action by the Board. Some definite plan or ABUSE
a committee appointed to study this problem and report PROBLEM
directly to the Board of Health.
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The Board agreed that they were very concerned but that
there was a drug abuse committee which was formed in 1968 at
the suggestion of the school department.
Mr. Heustis explained that when the Drug Abuse Committee
was first formed he met with them at regular intervals, but
since they formed an executive committee he did not know what
action had been taken. He could ask Reverend Lund to com in
and talk to the Board. The original plan of this committee
was to be an information source for anybody in town that
wanted information on drug abuse.
Dr. Colburn said we have people talk to us at the hos-
pital all the time and truthfully it seems that no one knows
the right approach to this problem.
Mr. Lambie said he wondered where this was such a problem
if there wasn't someone or some place where we could find out
if there wasn't something that could be done on the local level.
Dr. Colburn said that the more this problem goes on the
more that some feel that the present focus is all wrong. We
know marijuana distorts the mind and they can get high on it,
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