HomeMy WebLinkAbout1975-12-01Qui
sent to Dr. Yudowitz stating that unless some effort be made to connect this
dwelling to public sewer or the Board would order the house vacated.
Mr. Theodore Freeman had been requested to appear before the Board be- HORSES
cause of the unsanitary condition of the barn and area at 83 Cary Avenue. 23 CARY AVE.
Mr. Freeman did not attend this meeting.
Mr. Smith reported that inspections have shown excessive amounts of
manure. Right now Mr. Freeman is operating without a license, he has
applied for a permit renewal but the place was such a mess we have held up
on issuing it.
The Board after a short discussion said that Mr. Freeman should be no-
tified that he will have ten (10) days to remove both the horses and the manure
from the premises either voluntary or by court action.
Mr. Smith reported that Season's Four had brought in the animals they
have during Christmas. They will pick up a temporary permit within the next
few days.
The following permits were signed by the Board:
Animal Permits:
Lisa Fitzgerald, 342 Bedford St. - 3 horses
Food Establishments:
Honeywell Radiation Center, A.R.A. Services
Gloria Foods, 137 Mass Avenue (New Deli)
Raytheon Executive Building, 141 Spring St. (Servomation Corp.)
Friendly's Ice Cream Shop, 66 Bedford St.
Nursing Home:
Dana Home, Massachusetts Avenue
BOARD OF HEALTH MEETING
DECEMBER 1, 1975
The regular meeting of the Board of Health was held December 1, 1975 at
7:00 P.M. in room G-15 of the Town Office Building.
Members present were: Dr.. William L. Cosgrove, Chairman; Mr. James Lambie,
Dr. Charles Ellicott and George A. Smith, Director of Public Health.
The minutes of the November 3, 1975 meeting were accepted with the follow-
ing corrections:
The sentence in the paragraph regarding the Food Handlers Course was
corrected to state that "neoole from the United States Public Health
Service Food and Drug Administration."
The paragraph regarding the ownership of "Brewsters" was corrected to
state that "Brewsters" which is owned by James H. McManus, 244 Needham
Street, Newton, Massachusetts."
The second paragraph regarding Wild Acre Inn be corrected to read:
Lodging House and not a community residence."
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With these corrections the ninutes were accepted.
Jane Tapia came before the Board at 7:00 P.M. to report on the clinics
for the elderly. Mrs. Tapia stated that so far this year 47 new people
were attending the clinic which would average out to about 12 new people
per month. A total of 374 oeonl.e have been seen since the start of the
clinics.
TRI -COMMUNITY The new clinic in East Village will be held once a month for one hour.
NURSE, VIELL The first clinic only about 6 were seen, the second clinic about 12 attend -
ELDERLY CLINICsing. More publicity will help this clinic.
Mrs. Tapia went on to explain to the Board that they were thinking
of doing other tests at the Well Elderly Clinics and they thought they
would like to try a urine test using the Alnu stick which will register
albumin and sugar. This testing will be done on people who come to the
"Health Clinics", these tests will be done maybe once a month. The price
of these sticks are $6.16 per 100.
Dr. Ellicott said he felt that this test was more effective than the
one used at the public clinic last year. Patients who participate can
be notified by a letter similar to the one used last year at the clinic.
Dr. Cosgrove asked if they would test anyone who comes to the clinic.
Dr. Ellicott said they could read these tests immediately, it only
takes about 30 seconds to read it.
Mrs. Tapia said they would need about 400 sticks to start.
The clerk said they had enough money in the budget to purchase these
sticks.
Dr. Ellicott moved that the Board supply the Alnu stick for the pur-
pose of testing urine of the people attending the Well Elderly Health
Clinics.
Mr. Lambie seconder the motion, notion moved and passed by unanimous
vote.
Mrs. Tapia said shewould like to explain that the bill this month
will have extra clinic hours on it for the re -testing of the children
seen at the LeadPoisoning Screening Clinic.
bJr. La;:bie asked about how much tine we were talking about?
Mrs. Tania explained that it took about 10 minutes to do this re-
testing. She estirated that we had done about four to six. children so far.
Air. Smith explained that other towns had been running these clinics
and i'e were receiving the renorts for Lexington people who had been done
in the other. towns.
The Bo rd agreed. that we would take car of the extra time.
The Board thanked t'rs. Tania for corning in. Mrs. Tania retired.
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7; ,1 _ ."'.. ')r. ^'?. the 7ild 7ere T=1. 50 'P!„rC.,
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came heft= t n^n7^ato (i. ,h^.1",7Y)17 T7,(cnw dwelling to DP. YiTDO7,7 IT7,
public sewer.
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P'r. James Chase, Town Engineer, attended this hart of the meeting.
Dr. Cosgrove said the first thing he would like to ask was if Dr.
Yudowits had a' -+plied to the selectmen to be tied into nubile sewer.
Dr. Yduowitz said he had not applied to the selectmen but he would like
to explain to the Board that he vas not aware that they had a serious problem
until Mr. Smith had come out on an inspection. They then found that the sen -
tic tank was overflowing and they did have it ntm'ped out at that time. They
also hired an engineer to study the situation and their studies showed that
a water break had occurred about 2 and one-half months before the septic
tank overflowed and they felt that this break could be a. contributing factor
to the faulty septic tank.' The firm of C. E. Maguire, Engineers, has done
a survey for Dr. Yudowitz to deterittine the ways this dwelling can be connected
to public seder, both pronosals are veru costly. Dr. Yudowitz said he had
contacted some of the abuttors to see if,thev were interested in connecting
to public sewer and they were not.
The nearest sewer line is too high and therefore, it would be impossible
to have a gravity flow system installed. The engineering survey showed that
in order to put a gravity feed line into this dwelling the sewer line in the
street would have to be lowered 14 to 16 feet. If the house is connected
to the present system an ejector Dump would have to be installed and the type
of connection is not too satisfactory. If the pumps failed the whole house
would be out of operation. Dr. Yudowitz said he wondered if he could petition
the selectmen to have the town lower the sewer line.
Dr. Ellicott said as far as he could see this whole thing was pretty
marginal.
Dr. Yudowitz said he was inexperienced in a situation like this, he did
have an engineer come out and he received two estimates to connect this
dwelling to public sewer, both costly. One if it could be a gravity feed
system would run to about 16 thousand dollars and the other with the ejector
pumn and a back up system would run to about 25 thousand dollars.
Dr. Ellicott said that as Dr. Yudowitz was running a commercial operation
he was receiving monetary returns and therefore, correcting this problem
should be considered part of the operation. He went on to say he had gone
out there on Saturday and the odor was very bad. This health hazard would
have to be corrected as soon as possible.
Dr. Cosgrove asked if the houses on Highland Avenue were on public sewer
and Mr. Chase said he believed so. Mr. Chase went on to say that for this
house to gravity feed the town sewer line would have to be relaid and he had
never had occasion *.there anyone petitioned the town to alter a sewer line
already in the street.
Dr. Cosgrove said Dr. Yudowitz could and should present his plans to the
selectmen. He then asked how often this system was pumped out?
Dr. Yudowitz said he was pumping about every 3 months but he had left
word with his manager that he should have the system pumped out as often
as necessary to avoid a health hazard.
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Dr. ::71licot.t said when the Board went out on Saturday the system was
overflowing. He went on to ask Dr. Yudo wits: if he would pump this system
once aweek if necessary.
Dr. Yudowitz said he did not know that the system wa overflowing,
if he had not come tonight he would not know anything about it. He again
explained he had left instructions to his manager that he was to check
this problem and if any overflow existed he was to have the system pumped
out.
Dr. Ellicott said this was a very bad situation and one way of spread-
ing communicable diseases.
Mr. Lambie said regardless of what the outcome would be of the
Petition to the selectmen, Dr., Yudowitz must take care of the overflow
and keep it under control.
Dr. Yudowitz asked what he should do now, should he ask the select-
men to have the sewer line lowered or just petition for public sewer.
Mr. Chase said he must submit a petition for sewer to the select-
men. The Board of Health and the Engineering department will then make
recommendations to the Board of Selectmen to connect this house to public
sever.. 7J1 this could. be very costly for lust one dwelling.
Dr. Yudowitz said his engineer estimated that if the town would
lower the sewer line it would cost about: 75 hundred dollars to connect
this house to the street sewer line.
Dr. Yudowitz also assured Mr..Smith that he would keep the system
pumped out, everyday if need he.
Mr. Chase suggested Dr. Yudowitz hire an engineer and get a plan
then come in and discuss this ^•roblem with Mr. McSweeney, Director of
Pubic *Forks and Mr. Chase, Town Engineer.
Dr. Ellicott said the alternative of frequent pumping was satisfactory
in temporarily correcting the problem. but he felt something should be put
in. writing regarding a permanent plan to correct this situation.
Mr. Smith said he insisted that Dr. Yudowitz approach the Town on
the connection to public sewer. He also told Dr. Yudowitz that trash
was being dumped on his property near the lot line and as owner Dr.
Yudowitz was responsible to clean it up.
Dr. Yudowitz agreed he would. He also said he would contact Subur-
banite Cesspool Service to pump the septic system as necessary.
The Board thanked Dr. Yudowitz and Mr. Chase for coming in.
Mr. Nylander, Engineer from Miller & Nylander, and Mr. Tom Gorndt
BURROUGHS representative from Burroughs Corporation, came before the Board to
CORPORATION discuss the sewage problem existing at the Burroughs Corporation at 92
Hayden Avenue.
Dr. Cosgrove said the people at Burroughs Corporation have had a
sewage problem and to date they have not come before this Board to tell
them if they have reached a solution. '7e would like to know just what
you people are planning on doing.
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Mr. Tom Gorndt said he was not too familiar withthe situation as Mr.
Chicatelli had been handling the problem however he was not available
tonight to attend this meeting.
Mr. Nylander said he had been working on the plans to connect this
system to the public sewer.
Dr. Ellicott said he understood that Burroughs Corporation was rent-
ing this property and legally the owners of the property were responsible
to make the corrections.
Mr. Gorndt said that under the terms of the lease and after talking
to Mr. Loring of the Detroit Office, Burroughs Corporation accepts the
responsibility of correcting the situation in accordance with the terms
of the lease.
Mr. Nylander said he had been giving this problem considerable atten-
tion since July. The existing line does go under the ramp, this was in-
stalled when the road was built, however, the connection is buried so deep
that it is creating a problem. This is all under the State Highway. We
have taken soil test borings and should have a final schedule in about two
weeks.
Dr. Ellicott asked how often the system was being pumped out.
He was told about once a week.
Dr. Cosgrove asked if Burroughs Corporation was going through with
connecting this building to public sewer?
Mr. Gorndt said "Yes". They will proceed with contracting and go
ahead with the project as soon as the conservation commission and all
other environmental impact requirements are net. We know this will be
very expensive but we have no choice.
The Board inquired if the owners of the building had been contacted
and Mr. Smith said when the problem first came up he had contacted the
Annuity Board of Southern Baptist Convention of Dallas and they had in-
formed him that this problem would have to be solved by the Burroughs Cor-
poration in accordance with the lease.
Mr. Gorndt said most of the legal work was carried on at the home
office.
Dr. Cosgrove said he was nleased that. the Board hadfinally got a
definite answer to the solution of this problem.
Mr. Gorndt said most of the preliminary work had been done by the
home office and they were certainly trying to get it all taken care of.
Dr. Cosgrove asked if the Southern Baptist Convention had offered
to send someone to this meeting.
Mr. Smith said they had called but he felt that as long as Burroughs
Corporation was sending a representative they did not need to attend. He
also asked Mr. Nylander if he had a definite tine that this work would be
done.
Mr. Nylander said his plans should be ready in about two weeks and
then they would have to arrange a meeting with the Conservation Com-
mission at which time they will set an order of conditions under which
576
the work shall be done.
Mr. McSweeney who had dropped into the meeting, said they would
have to file a request with the Conservation Conuuission because of the
brook. This would come under the Hatch Act and they would set up a
meeting within 21 days in accordance with the law.
Mr. Smith asked if a realistic date could be set, say a month -
nonth and a half?
Mr. Nylander said less than that. He would get the present plan
to Mr. Chase and then take the necessary steps for all the hearings.
Dr. Cosgrove thanked Mr. Nylander and Mr. Gorndt for coming.
83 CARY AVENUE Upon order of the Board of Health Mr. Theodore Freeman came before
FREEMAN the Board of Health to discuss the problem of the condition of his
ANIMAL PERMIT stables and the disposal of manure and also the disposal of sewage
on his property at 83 Cary Avenue.
People attending this hearing were: Mr. and Mrs. Robert H.
Kingston, Mr. & Mrs. Daniel Warrington, Sue and Vaughn Petry and
Mr. Jack Frost, lir. Freeman's business partner.
Dr. Cosgrove said to Mr. Freeman you have been requested to
come before this Board because you have been notified that your
Animal Permit to keep horses.at 83 Cary Avenue was not renewed by
vote of this Board at our last meeting, November. 3, 1975. A letter
was sent to you requesting you attend our meeting last month which
you chose to ignore. '9e have been out to the stables and this Board
feels that the conditions are deplorable, and we feel. that you as
owner of that property are very irresponsible and. therefore not worthy
to have a *permit to keen horses.
Mr. Freeman said he was not an i.rresronsible person, he did not
know about the re^uest to appear last month at the meeting, his wife
got the letter and neglected to tell him. He did not feel he was
irresponsible because he had turns0 the onerati.on of the barn over
to a person if they did not do what they were sunnosed to do he was
sorry. He had recently turned the operation of the barn over to Sue
netrY :aha had done a. very good job inside the barn but has found that
it was too much of a job to keep up. Just recently he went on to say,
he had Dap. 7arrington running the stable.
Dr. Cosgrove said 'e had been over there two or three times and
each. tine the barn. was not clean.
Mrs. Daniel tarrington said that sn etime the stable is rot com-
pletely clean until late afternoon when the young LLpeople who have
horses there come fror school.
Mr. Freeman said that Sue Petry had found taking care of the
stable too retch of a burden so he had been able to get Dan Warrington
to take over. He went on to explain that this would be Mr. Warrington's
job. *!r.. 'Farrington had already had two dunpsters brought in to take
care of the manure, this would be a permanent arrangement. Mr. Freeman
said he had about 300 lbs. of hay and some shavings delivered. He
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assured the Board that the :manure that had been duped in the yard .could
be removed. He said. he had taken a. considerable amount of manure out.
Ho claimed he had snent more than two hundred and fifty dollars trying
to get this barn bac:' up to the level it was.
Mr. and tars. t::arrington have taken over the barn on the basis of
getting an extended hermit.
Dr. Cosgrove said, Mr. Freeman you are the owner of this property
and therefore you are responsible for the condition of the property. The
permit is issued to you. After you purchased this property you operated
these stables for better than six :months without a permit. I say you are
very irresponsible.
Mr. Freeman said Mrs. Kelley stayed on the property for about seven
months after he had purchased the property.
Dr. Cosgrove said no matter, Mr. Freeman as owner should have come
into the Board and got a new permit, these permits are not transferable.
He went on to say he had been out to the place three times in the past
few months and the whole place was deplorable.
Mr. Freeman said when he turned the place over to people to run it
he thought they were competent people. He had not been able to check
this place out as often as he should because he had many other problems.
Dr. Cosgrove said he felt that at the present time the Board could
not grant Mr. Freeman a permit to keen horses because he felt he was a
very irresponsible person.
Mr. Freeman said he resented being called irresponsible because he
was a reputable builder in the Town of Lexington and had a reputation
to uphold.
Mr. ''Farrington asked if the Board had checked the barn the last time
they were out on the property or had they just been looking at the
grounds.
Dr. Cosgrove said the permit to keep horses for Mr. Freeman expired
in October therefore he was keeping horses without a permit which was
illegal.
Mr. Freeman said the Board had not told him to get the horses off
the nroperty until a week ago and he felt there were extenuating cir-
cumstances which. the Board should consider. Right now WO have gone to
the dumnster system to control the manure and the barn is cleaned daily.
Dr. 71licott asked if the barn was clean now.
Mr. Smith said it was better than it had been. Mr. Smith asked Mr.
Freeman just how long he expected to keep horses on then premises. The
property was in the development stage. Mr. Smith asked when Mr. Free-
man planned to start building on this land.
Mr. Freern-n said by the latest next spring.
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Mr. Smith said at which time ynu e:;nect to get rid of all these
horses.
Mr. Freeman said "Yes".
Dr. Ellicott said that now the barn met our standards that was
okay but he was very distressed about the land.
Mr. Lambie said there was a large manure pile in the rear of the
barn.
Dr. Ellicott said he saw manure near the brook and there seemed
to be a pipe running through the land and draining into the brook.
The brook was also damned up.
Mr. Freeman said he had been ordered to stop doing anything
to the land over there until he got his permits. The Building
Inspector said he could not do any excavation until he had per-
mission from the Conservation Committee.
Dr. Ellicott said he would think he could maintain the land
for the horses.
Mr. Freeman said he had started to clear the land but had a
stop work order from the Conservation Committee.
Dr. Ellicott said there was certainly a drainage problem and
with the land the way it is he could not put horses out in it. He
went on to say he would be much more in favor of opening the land
to drain and then get it dry to see if they could abate some of
the health hazards over there.
Mr. Smith said they had.numped out the septic tank hoping this
would eliminate some of the water problem but it did not. The odor
was still there.
Dr. Ellicott said he felt that was another issue. Mr. Freeman
must get the manure cleaned up and correct the problem of standing
water.
Dr. Cosgrove said Mr. Freeman had not cooperated with the
Board of Health on any of the points mentioned and he wondered how
long we must wait before anything is done.
Mr. Lambie wondered what measures Mr. Freeman had taken to
correct the problems which the Board had brought to his attention.
Mr. Smith said in September 1974, there was some problems with
the place, on September 13, 1974, a letter was sent stating that a
permit for the horses would be granted for sixty days providing the
manure and barn was cleaned. up. At that time Mr. Freeman did spread
the manure some but a great deal was nut near the brook, after that
no more was done.
Mr. Freeman said he felt that more than 90% of the manure was
cleaned un and 100 pore was used by the neople in the area for their
gardens. He went en to say that he had Sue retry running the barn
for hip but she found it too ''uch for her. Durina the second week
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in memberIlan 7araingtor ' 7o.k ever t -e barn. 7r77•7 it ^, roy vastly i>', .rover ,
probably t7",, j..,..:.7 '!r. Kelley ey userl tn teen it. The d,-a.in ni ao into
the brook is cloy-ged now but there. _.,s re '^r.•.,:'s. ,.thy it cannot be craned.
._ ig r t no - _ ....�
As of right the Conservation Cc'7m1 ^, J_Cy'. has a. stop won Cl}-Cln-,_- an .^E.
Dr. "'llicott said that there are _' number rf t''ings that ^ust he done.
The manure alone the brook must be removed. If that drainage we saw is from
the senti_c s"ste" that must he corrected.
Dr. Cosgrove said he felt that there was ne condition that could net
be overcome if 'Ir, 'reeman set his ^'.l.rc to it.
I.Tr. Smith said we could give 1.n d:'i/s to correct the sit'1at±on.
Dir. Kingston slid his s daughter goes there every day because har horse
is there. She had com.olained about conditions early this year but during
the past month and a half conditions have improved.
Mrs. Kingston said it seemed r. shame that row that conditions were
improving that they would have to stop..
Mr. Smith. said more horses would create more _problems. He went on
to say he was very disappointed with ?"r. Freeman. He thought he world be
more responsive. Mr. Smith went on to say that Mr. Freeman. has more prob-
lems than just the horses. There's the problem of drainage and the odor.
Yr. Freeman said that the improvements that Dan fs'arrington had made
were most impressive, the manure problem has been solved. He agreed that
he had no excuses for ghat had ha'nened but there had been unmanageable
circumstances. He went on to say he would open the brook and see what can
be done with the standing water. hopefully the problem will be resolved to
the satisfaction of the Board.
After further discussion about the keeping of horses on Mr. Freeman's
property the Board said they would take the problems under advisement.
Mr. Freeman thanked the Board and retired.
Mr. Smith explained to the Board what he had requested regarding the
septic system on Mr. Freeman's property. He said at this time they were
waiting .for a backhoe to dig up some of the property and see what was
causing the odor right now it looked like the wall board that was used as
fill a few years back by Mr. Kelley, was decomposing and causing the odor.
He was going to have Mr. Freeman dig up as much as he could to see what the
story was.
The letter from Dr. Klein of the Early Childhood Lean Poisoning Program
stating that there was no legal requirements for inspection by the Board of
Health for Lead paint hazards before the transfer of ownership under the LEAD
law, was read by the Board. POISONING
Dir. Smith said according to the regulations we were responsible for
the health and safety of the young children in regard to lead paint
poisoning but as long as Dr. Klein has stated we were not, Mr. Cohen.,
Town Counseler, said to go by Dr. Klein's letter_. He also feels that
there is no law that makes the Board of Health responsible for making
inspections.
The Board agreed to go along with the procedures as set by Mr. Smith.