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HomeMy WebLinkAbout1971-04-06(i , .smreo salde that r,_ there would be no pr bl:oms ; .+h the Pump 7t`:tier until n`. {t" ':opine with thr additional ar _ s but he felt the 3hard should have a i tte fr'crn JNr, FcSweeney statfrg when this work would be done. Mr. Kraska asked if the Board would grant him a. letter stating that a temporary Innkeepers License had been granted? Dr. Cosgrove said if Mr. McSweeney says the sewer work will be done by that time when the Motel will go into operation then a letter can be written. I feel that if the contracts have been awarded for this work they must have a completion date on them, if we can get that we can go from there. Dr. Cosgrove instructed Mr. Heustis to contact Mr. McSweeney for the information needed. Mr. Kraska thanked the Board and retired. Dr. Cosgrove and the Board instructed Mr. Heustis to check with Mr. McSweeney on the Pumping Station work. If these dates do coincide with the Motel dates then a letter may be written. Mr. Heustis reported that Mr. Werham had reported that they had to stop the pumps at the Pumping Station because of the high water table. They will be chlorinating etc. as long as the pumps are stopped. The Board agreed that it was important that they be sure the added sewage could be handled at the Pumping Station so that the pumps would not have to be stopped each Spring. Hearing adjourned. Dr. Cosgrove and Dr. Ellicott went over a "Hand-out Sheet" for Town Meeting on Mystic Valley Mental Health and suggested a few changes to be made. This hand-out sheet will be ready for Town Meeting Monday night. Adjournment at 8:30 PJ Dorothy Jones, Clerk BOARD OF HEALTH MEETING APRIL 6, 1971 The regular meeting of the Board of Health was held April 6, 1971 at 7:00 P.M. in the Board of Health Office. Members present were: Dr. William L. Cosgrove, Chairman, Mr. James W. Lambie, Dr. Charles Ellicott, and Robert C. Heustis, Director of Public ,Health. The minutes of the March 2, 1971 meeting were approved as read. The minutes of the public hearing for the granting of a temporary Innkeeper's License to Richard Kraska of the Lexington 1 1 1 '1 Chalet Susse'. Inc., 440 Bedford Street were approved. Mr. Lambie reported that he and Mr. Heustis worked on the CHALET sewage problems at the Chalet Susse', Inc. , in view of the SUSSE' letters received from Mr. McSweeney, Town Engineer, regarding the pumping station off Route 128. Mr. Lambie said he talked to the people at the Division of Water Pollution Control and they said they would be concerned with two things: 1. If it was an extension of a sewer system. It was agreed that this was not an extension of a sewer service. 2. The Board should be concerned if a health hazard was being created. It could certainly be agreed we were not creating a health hazard and the volume of water to be used would not ex- celerate the existing situation enough to make a bad situation any worse. With this information from the State and also check- ing back to the 1968 Town Meeting Articles 73 and 74 which dealt with Federal Funds for work to be done on the sewer mains and pumping station on Bedford Street it was felt that a temporary Innkeeper's License could be issued to Mr. Kraska for the Lex- ington Chalet addition. The Board approved the letter to Mr. Kraska granting him a temporary Inn Keeper's License for the addition of 64 units and a restaurant to the existing Lexington Chalet Susse', Inc. The letter to Mr. Robert Cataldo, Chairman of the Board of Selectmen, regarding the surcharge at the Pumping Station off PUMPING Bedford Street was approved by the Board. STATION It was explained to the Board that contracts have been issued for construction of a relief sewer and alterations to the Brook Street Pumping Station under Federal and State Grants. This work when finished should correct the situation and handle any anticipated increase in sewage flow. The letter to Mr. & Mrs. Vernon Parsons, 65 Allen Street PARSON'S suggesting a compromise be made between them and their neigh- HORSE bors was approved. Mr. Heustis reported that to date the department had not heard from Mr. or Mrs. Parsons regarding this letter. Mr. Hopkins and his son came into the meeting to again discuss the location of the fence for the Parson's horse. Dr. Cosgrove said that the Board would hear Mr. Hopkins and his son regarding the fence at Parsons but as the Hopkins had no appointment for tonight the Board could not give them a great deal of time. Mr. Hopkins: We have come before you people again be- cause of the letter you sent the Parsons after the last Board Meeting when you told them they could put their fence 100 feet from my house. We agreed with your original ruling and the Parsons have not even done what you people have asked in the 2 years they have had the horse. Dr. Cosgrove: That letter was a suggestion, we were in hope that you people up there could come to some agreement be- 396 tween yourselves. Mr. Hopkins: That is impossible, they will not talk to us to even give us a chance to discuss the situation. They only tell us they will do as they want, that you people told them they could. Mr. Hopkins, Jr.: You suggested that the Parsons put the fence 100 feet from our house. I know that the plot plan you people are using is not accurate and so I have this plan drawn to scale. If they put the fence the 100 feet it will not give us the area between us and the horse that we would like. We understood that you people were going back to the original fence line and now we have this new fence line and we would like to know why. Dr. Cosgrove: This is not a new fence line it is only a suggestion. Mr. Parsons says the only flat space suitable for a practice ring for his daughter to train her horse is right by the barn. Mr. Hopkins: When the original hearing was held and the fence line designated when the permit was granted, I withdrew my objections because I felt we would have the pro- tection we wanted. Since that original hearing right up un- til Mr. Parsons put up the fence that is now in the yard that horse was tied to the tree beside our yard. When I saw Mr. Parsons putting up the fence he has now I asked him about it and he said the Board of Health had told him he could put the fence any where he wanted to. I don't think there is any chance of a compromise because the Parsons seem to feel they can do things the way they want to. Mr. Hopkins, Jr.: If you do something that requires Rules and Regulations you must follow the rules. I do skin diving and there are certain rules that must be followed or I would lose my permit. The Parsons feel that they do not have to follow any of the rules. Our neighborhood is being built up and there will be more building as time goes by. Right now there are 2 new houses across the street from us and I am sure the Carroll's Farm will be built on soon. This is no longer a farm area it is residential, and keeping a horse in this area has now become a privlege. I should think the Parsons would be very careful so they would not lose their permit or create a nuisance in the area. Nr. Lambie: Mr. Parsons says the only land suitable for a practice ring is right beside the barn. They claim that the land in the back is not even enough for a ring. We thought if you people could come to a compromise it would clear the air over there so to speak. We are disturbed that the Parsons took 2 years before they came back to us with this objection to our original ruling. Mr. Hopkins: If they had done what you people requested after the hearing everything would have been all right. I do not want to see the little girl go without her horse but I would like protection for my wife so that she may enjoy being out in the yard. Dr. not tell Mr. We would Cosgrove: We brought that up to the Parsons but they did us why it took them so long. Lambie: They seem to want that flat land by the stable. like you people to work this out. Mr. Hopkins: As you know my wife is crippled and we carry her out into the yard in the summer, that is her only enjoyment. With the horse so near it has made it impossible to do even that. We came in to say we feel this new suggestion is too near our yard and I feel they should stay with the rules you set down when the permit was granted after the hearing. You must remember it was not just me that objected then. Mr. Lambie: Another permit time is coming up and we would like to get this thing straightened out before then, if we don't we will have to start from scratch. Mr. Hopkins: You told Mr. Parsons to put the fence back the way it was originally set, we accepted that. Dr. Cosgrove: Mr. Parsons objected to that fence line be- cause he wanted to use the flat land for a ring, that was when we suggested the 100 feet from the house, but it was only a suggestion with the hopes that you people would work this out. After further discussion Mr. Hopkins and his son thanked the Board and retired. Mr. Lambie: I think I would like to look at that land again over there at Parsons'. Dr. Ellicott: I think that would be a good idea, why don't we meet and go over the end of the week. It was agreed that no decision would be made until Mr. Lambie and Dr. Ellicott looked at the Parsons property again. Dr. Cosgrove said he would try to get over some time this week and view the area again. The Board also agreed that an agreement would have to be reached before the Animal Permit for the Parsons was renewed, and that before the permit was renewed the fence would have to be up. The letters from Mystic Valley Mental Health Association were read and discussed by the Board. Dr. Ellicott said that at Town Meeting it was pointed out that the Board of Health did not supervise this Clinic and therefore did not know that much about the operation. He said he felt that in order that we have more understanding of this clinic in the future we should acquaint ourselves with all phases of the operation. He suggested a quarterly statement of services for Lexington to be submitted with the bill. More communication with the Clinic. 397 MYSTIC VALLEY CLINIC 398 Mr. Lambie said he would like to get a better under- standing of the work done at the Clinic. He did not feel that this was possible by looking at a lot of figures. Dr. Ellicott said he got very confused with the figures submitted and it did look from those figures that the hours spent with patients were costing Lexington about 43 dollars per hour. It was later explained that the consultation hours were hours spent with families and that did bring the cost down to about 57.00 per hour. Dr. Cosgrove said he had only one point to make and that was that the clinic showed no more than a 50% increase in work and had gone from a staff of six to a staff of thirty-six in a five year period. He went on to say that he did not feel the increase was justified and he was sure that they will be back for a lot more money next year. Dr. Ellicott said that one thing Town Meeting suggested was better communication between the Board of Health and the Clinic. It was suggested that a delegate from the Clinic come into a Board Meeting about once a quarter and explain what was going on at the Clinic. A draft of a form to be used by the Clinic for quarterly reports was shown to the Board. The Board approved this form and instructed the Clerk to write a letter to Mrs. Welch tell- ing her that the Board would like a report of this type each quarter when the bill is submitted for payment. The Board also approved payment of the first quarter bill for the Mystic Valley Mental Health Clinic for services ren- dered. The Clerk pointed out that she could process the bill but payment before a quarterly report was received would de- pend on the Comptroller and Mr. O'Connell. The memo to Dr. Cosgrove regarding the fire at the Hart- well Avenue Dump was discussed. Mr. Heustis explained that an inspector from the Met- ropolitan Air Pollution Control Commission saw a fire at HARTWELL the Hartwell Avenue Dump and although it was explained at AVENUE the time that this was an accident and the Fire Department DUMP was there putting the fire out a complaint was issued against the Town of Lexington and a hearing was held in Mr. Rein- hardt's Office. It was pointed out at this hearing that the fire whether accidental or not was a violation of the Air Pollution Rules and Regulations. As of July 1, 1971 all outside burning will be prohibited and this will limit the use of the Landfill at Hartwell Avenue. It was also pointed out at this hearing that the Landfill Operation was not properly conducted and a great deal more fill was needed. Ohl 1 1 1 Mr. Heustis also suggested in this memo that Town By -Laws be changed so that if a fir. such as the Central Block occurred again the demolition material would be taken to a place other than the Town Landfill Mr. Heustis reported that a complaint had been filed in Concord District Court against Joseph Kelley, 83 Cary Avenue for the dumping on his land. Mr. Heustis said it looked as though he was bringing in sheets of wall board and putting them around his driveway and covering them over in order to fill in the land. Court trial is set for April 26, 1471. Dr. Cosgrove asked if Mr. Kelley had applied for e permit to operate this dumping operation. Mr. Heustis said "No" he had been told to write requesting a permit but to date we had not heard from him. This matter was placed on file pending the outcome of the court trial. Mr. Heustis reported that he was making a casual inspection at the Bamboo Hut and found a puppy in the cellar. He said he called the Dog Officer to go down but he could not do anything BAMBOO because the puppy was not 3 months old. HUT An order was sent to the proprietor stating that animals could not be kept in places where food was served. The puppy was removed. The letter from Whitman & Howard regarding the drainage HOUSING of the proposed site for the additional housing for the elderly FOR was read and placed on file. ELDERLY The letter from Keith W. Harrison, 16 Bennington Road, requesting a variance from the Board to allow him to install a new leaching field for his septic tank on the property of 16 BENNINGTON A. 0. Wilson, Jr., was discussed. ROAD Mr. Wilson. Jr. has agreed to let Mr.:4arrison install this leaching field or connect directly to his septic tank. Mr. Harrison has petitioned for public sewer for the past 2 years but as yet the Town has not done anything about it. The Board discussed this request and agreed that there would be a lot of legal work to be done if this request was granted. Dr. Cosgrove instructed Mr. Heustis to find out how close public sewer was to Mr. Harrison's residence and if the sewer was within 200 feet he should be ordered to connect. If there are reasons why the Town has done nothing about this problem then he should find out what the reasons are. If all these inquiries are negative and the repairs must be made then it was suggested to have Whitman & Howard check the problem and the area. 40() Dr. Cosgrove said he felt every avenue of solution should be checked before we grant a variance allowing someone to go onto his neighbors property with his leaching field no matter how willing the neighbor is. The copies of the letters from Mrs. M. A. McCarthy, Marrett Road regarding the brook in the rear of her home was read and BROOK discussed. MARRETT RD. APPOINTMENT Mr. Heustis said that a survey had been made of this brook last year and it was agreed that this brook was almost flat in this area and therefore did not flow properly. There is no blockage as Mrs. McCarthy mentioned. Mr. Wenham, Public Works Department felt the only way this problem could be corrected was to lower the culvert which serviced the brook. 1 Dr. Ellicott was appointed to represent the Board of L.V.N.A. Health on the Board of the Lexington Visiting Nurse Assoc. The following appointments were made by the Board for the year ending March 31, 1972: Dorothy Jones, Agent, Clerk Mary Smith, Special Agent Dr. William McLaughlin, Special Agent, Metropolitan State Hospital Paul F. O'Leary Special Agent, Met. State Hospital The following Permits were signed by the Board: Permit to keep one horse, Mr. & Mrs. E. L. Easton Food Establishment Permits: Stanley Hill. Post - 19th of April only James McManus - Ice Cream Store Middlesex Tennis & Swim Club Rubbish Disposal Permits: Middlesex Disposal Co. Jay's Salvage Co. Public & Semi-public Swimming Pools J.W. Hayden Recreation Center Lexington Chalet, Inc. Middlesex Tennis & Swim Club Lexington -Sheraton Motor Inn Town of Lexington Center Pool Sun Valley Association Meeting was adjourned at 10:00 P.M. DJJl tNr \D .TL. C!ED iHEALTH RY CS ry iJ) E•t:b A_i' i'tie BoLu''t Heath of Linc: Town of Lexington acting under thc3 uthorit"'y it t°f a Ge or'91 of Mai sto:. <i�et$. and. all nmendl7ant':_', and Additone thereto and every rA;her law or power thereto enab .n end acting thereunder and in aorordence therewith hive to the interest of and 'or the pre,ervat.iion of the public ier 7 uh duly Wade and adopted tSe following additions and amendments to the BOO pt' ,:,f Fei ?:z Rules and Reg41 .ntlons, C -Apter VI T. 5, HcTe 6.4abling, Permit • for the keeping oi' one or more horee 3 ellen be :;lib eY t to 1;ha following conditions, wit,b, which? t: holder t ereof must in all reenacts comply: a<, Terr,:i Defined The word person :.hall tnGlnde nn in-- divid gal 7Artnerehip. L'orpor-,f: on, firm, aseociatt;iori or <yh':7'.si , in- cluding ;a City, %own, cor;nt•< or u.ht: governmen',-.1. "unit, b,,. Stablfa, The building or o he?` enc'lo>>r. rej ua d to e o one or more ho+'yt;" and L"..t or+' food ;j!t:;pJ es. .?.Ertl. e{?E "rie It norr.k.ra,' cr.iated with ;e kaopin c-. Horse., The word horse ehali 1nt'.lthde ponie olto anc1 any other colid hoofed e:nicat. . No permit nal.l be isuued to Tteal. a 1..or: e on any lot of land ttontalning than two iri1.a gg tO,e a.s;; a*,]tons of the lot tre acce w^bl l to 1U.1 z o d of e_,c�a'_..'"'1 No such permit shell be ! '.red for ':".mre r.`,..ree , �1 �' nciroe be kerir., on tin/ lot &' land that contain ., not mo,`e .0 13i i our ( Aed, ti.(.c331 LK.'ok au Vi s.: 4Lr be pa3:"Y1:f.tied to be kepi., on .0 :on `n r4cE§ then four .. _; ;je.' provided _q:r e 1.o1 ara board of ad provided in 4;.,i? Cp...:'i;tou of the. board of :health the grant tnp. of g .fr 1$1'K7i _., io." 1 no d' £; sely Yi ti!L , the pub's 9°.il "th, vaf'e y and wela'e. e , f3 No pE:1'3:O::i .>nall er .-. , occupy• or for Eil r:t,able f(i one of u7r're borates eny build..;;v in the Town of Lexington culees stfl =r, approved by he bc. rd of ,ealth, Each atabi conte:1:f e min r, m of one -hundred 11 °;a.,:x'es feet for tha i; animal, and at leaat +1xty (6.(' additional oure feet far aeon adal tonal n.itual and 'ahal'i provide Adealurtep.a e ;,o tor feed and eg:Jiiaien'c, f, Any peraon who propos to remodel a building or a portion thereof which is being usad ac able, or to renovate any exirsting ;itable, or to co)lat.vu c a new ' lit 1. t`rg v?<i,i h ie to be lined in whole or in part as E :rtab1e stall, pz..or° to tj..i�:h remodeling, rencv®t1Y or con lacticsn, 'nuibmit pIanz. : n ci,;Aplloa to to the boat*d of heelt:bb Pott ap'prov<.J , ,=u4n. con t -raga. `.osa shell be eomc:ena3ed within ninety' 09O day after he litauenee of a permit and ehall be continued ii rye on blrs :: tev.l'o c.mr'or the permit a hall he null end void: ,at 0. p0 tior a .;1red to t^ot t.nin the harm) lr c-, ingagoue, property„ The )•7 "ho ."d i,,f health, 1 t from filth and stagnant water end the method to be used to control flies and rodents-, Such plan sha1l also show the construction details of all dry walls and drainage seAteme es required by para- graph 6, The application shall also show the location and dimensio; of fencing, b, A permit may be revoked or temporarily suspended by the board of health upon violation by the holder of any of the provisions of these regulations, c. A permit to stable or keep horses on property in the Town of Lexington. is not transferable, d, All permits issued for the keeping of horse: and other animals prior to the adoption of these regulations shall be valid and may be renewed subject to the regulations in effect prior to the adoption of these new regulations providing the person,, con- dition! and agreements contained in the original applications have not ohsnged 4nd that no conditions exists than would be in ju si ou s to the public health or restrict the normal use and enjoyment of continguous ?ro- erty Adopted by the Hoard of Health on: March 2, 1971 Published in the Lexington Minute Yen on: April 15, 1971 Pi1eu with the ".`owes Clerk of Lexington on: April 9, 1971 S T GNED :./.v�-f,r Clerk, Board of " eal'`h Town of Lexington