HomeMy WebLinkAbout1980-02-04BOARD OF HEALTH MEETING
FEBRUARY 4, 1980
The regular meeting of the Board of Health was held Monday, February 4,
1980 in Room G-15 of the Town Office Building. Members present were: Dr.
William L. Cosgrove, Chairman; Mr. James W. Lambie, Dr. Michael S. Erdos and
Mr. George A. Smith, Director of Public Health.
Mr. Smith reported he had some trouble with the Housing Authority in
SCATTERED regard to a house on North Street under the scattered site housing. The H.L.
SITE HOUSING Hewitt Co. is the builder for the Housing Authority. They had been bringing
NORTH STREET in fill and then brought in ledge. Mr. Smith made them take the ledge out
so the house is temporarily at a standstill.
SMOSKE'S
ANIMAL
PERMIT
Mr. Smith said he had approved the plan and then HUD made some changes.
Since that time, Mr. Smith has approved their plan but the building .is still
at a stand still while they work on two other houses.
One of the Board members asked what kind of drainage do you get from
bedrock? Excellent, but a leaching area is needed, Mr. Smith said.
The house on North Street is a 3 (small) bedroom house without a cellar
so Mr. Smith is concerned about a leaching area.
At 7:30 p.m. Mrs. Joanne Smoske of 39 Robinson Road came into the Board
Meeting with her Attorney, Howard Reynolds.
Mr. Reynolds stated that he felt that it was an ideal place to have horses
and that they have a stable and corral and ten acres of conservation abutting
the Smoske's property. He said there are facilities for storage of grain and
dumpsters for the manure.
Mr. Reynolds stated that cards were sent out to the abuttors and three
did not object and only one abuttor did object.
Also, attending this meeting, although not necessarily to speak, were:
Ruth and Ezra Dunton, of 35 Robinson Road, Marjorie Weerts of 1906 Mass. Ave.
Mr. Ed. Comerford and daughter, Lynn, of 53 Liberty Ave. (owner of the jumper
horse that kept escaping from the corral) and Mrs. Smoske's son.
A letter was submitted by Mr. Reynolds from the Johansen's of 10 Demar
Road stating they no longer objected to the horses at 39 Robinson Road.
Dr. Cosgrove asked about the Freiers - were they in favor of re -instating
the animal permit. The answer was "no".
Dr. Cosgrove said, "I have been familiar with this problem for seven
years. The place has been a mess, fences were down, horses running on other
people's property, etc. I have been hearing complaints about the Smoske's
horses and the problems they were involved with, the numberous complaints we
have received over the past several years from the residents in the area.
I went out there one time with a past health officer and we found if you only
leaned on the fence it would topple over. How would that ever keep a horse
in the corral?"
Like most people the Smoske's didn't take the initiative to keep the
place clean, fences repaired etc. The kids are told to keep the stalls clean
and it never gets done.
When the wind blows the smell goes into the neighbors yards and the
Smoske's didn't seem to woryy about it, these problems have been going on too
long.
The animal control officer said the permit should have been revoked
before this and at a recent meeting he stated again that the permit should be
taken from the Smoske's Dr. Cosgrove said.
Attorney Reynolds again stated that it is an excellent location for
horses and that the boarders have had charge in the past but now Mrs. Smoske
would be the overseer of the operation.
Dr. Cosgrove stated again the permit should have been revoked before
this time. He said the abuttors have been persecuted for seven years.
Mrs. Smoske said she's the one that has been persecuted. Dr. Cosgrove
disagreed.
Dr. Cosgrove said as far as he is concerned that the permit will stay
revoked until he can be shown why it shouldn't be. He told Mrs. Smoske that
he has heard all she has to say - has heard it many times that the Board has
had hearings on this permit through the past few years. He siad he is only
one member of the Board but he votes to keep the permit revoked - not re-
instated.
Mr. Lambie said he's been all through this before. The fences were
raised but the horses still got out. The horses destroyed other people's
property (land). No one had taken any action to improve conditions.
Mr. Comerford spoke up and said he fixed any land that his horse had
destroyed.
Mrs. Smoske said: One person has complained for seven years and finally
got the horses removed from her property.
She said she had a bill from Miller Disposal that shoed she had the
manure taken from the dumpsters.
She said at one time there had been a pile of frozen manure on the land
and Mrs. Freier went out of her way to find it.
Dr. Cosgrove said again he would not give the Smoske's a permit.
Mr. Lambie said the Freier's have to be considered and this is not a
hardship case so he votes against re -instating the horse permit to the Smoske's.
Dr. Erdos said that at a previous meeting the Board had voted to revoke
the Smoske's animal permit. The Board agreed at that time the permit would
not be re -instated until "all" abuttors had no objections and at this time
there is still one abuttor that objects.
The Board voted unanimously not to re -instate the Smoske's horse permit.
Dr. Cosgrove stated that because of so many problems, so many times, that
he would not discuss the Smoske's animal permit for at least a year.
Attorney Reynolds and Mrs. Smoske thanked the Board and retired.
180
ANIMAL
REGULATIONS
DISCUSSION
COMMUNICABLE
DISEASE RE-
PORTING TO
STATE
The Board discussed the Smoske's a little further after the Smoske's
retired.
Dr. Erdos asked if just one person objects to a horse being kept in
their area, does the Board have the right to deny a permit.
Mr. Smith said in the Smoske's case, they do. It is their past history
of hearings, receiving complaints about the premises, loose horses, etc. that
the Board has the right to deny them the permit.
Mr. Smith said in past years the Board has given to the Smoske's several
times 3 month conditional permits but the conditions have never improved to
a great extent.
Usually when someone applies to keep horses, one objection alone would
not be the basis of the Board's decision, if all other regulations are being
abided by, but because of the number of complaints with the Smoske's it
did have to be considered.
Dr. Cosgrove and Mr. Smith feel if there is any friction between the
Smoske's and the Frier's perhaps it is doe to the problems the Smoske's
have created during the past seven years.
Dr. Erdos brought up the regulation that anyone boarding horses should
be going to the Board of Appeals before they are given an animal permit as
boarding horses is a business.
The Board thought this should be the case next year when animal permits
applications go out.
Mr. Lambie said the application should say "any statement that is not
true will be reason for revocation of permit".
Dr. Erdos suggested on the permit application names and addresses of
persons boarding horses should appear.
Lisa Fitzgerald of 342 Bedford Street and Karen Bresnihan came into the
Board Meeting to discuss increasing the animal permit at 342 Bedford Street
from three to four horses. The Board voted unanimously to allow one more
horse on the premises.
Mrs. Virginia Fitzgerald, owner of the property at 342 Bedford Street
had on the application for the animals, Mrs. Virginia Fitzgerald Lovett, as
she had been recently married. The Board stated that the permit had to be
made out to Mrs. Virginia Fitzgerald as the assessors records showed that
is the way their records are. When Mrs. Fitzgerald changes her ownership
records to read: Mrs. Virginia Fitzgerald Lovett then the permit will be
changed to read that way, also.
Dr. Erdos said he was looking over the reportable communicable disease
list of diseases that are reportable to the Health Department and to the
State. He said the list is antiquated.
Dr. Erdos is going to send a letter to Dr. Fiumara of the State Health
Department with some suggestions that he feels will be helpful.
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81
Sexually transmitted diseases are reportable directly to the State
Health Department. General communicable diseases are to be reported to the
local boards of health.
Dr. Erdos asked how many diseases are reported to the Health Department
and was told "not too many".
He questioned what ever happened to the postcard reporting system.
Mr. Smith explained that postcards were sent to the doctor's offices
along with a letter stating it is a law that communicable diseases are to
be reported to the Health Department.
Dr. Erdos said the doctors not always have the time and some physicians COMMUNICABLE
are probably not aware these diseases are reportable. He said there should DISEASE RE
be some simple method of reporting diseases. PORTING TO
STATE
The State wants to have all communicable diseases reported. In
the case of MMR it is the States way of finding out how effective the vaccines
are.
Mr. Smith read a letter received from C.M.A.R.C. stating that their C.M.A.R.C.
financial difficulties are over.
Dr. Cosgrove asked if C.M.A.R.C. will get another $5000.00 this year.
Mr. Smith said it has to go before Town Meeting. It is not an automatic
thing being renewed every year. It has to be voted upon yearly.
Mr. Smith said he gets tired of all groups getting under the"umbrella"
of Mental Health.
He said the adolscent homes at Sunnyknoll Terrace and Hancock Street
are under the M.V.M.H.A. He made inspections at both places the past week
and he does not see where these girls are being taught discipline. The
girls rooms were a mess.
At the one on Sunnyknoll Terrace there were cigarette butts all over the
living room floor. He was told one of the girls threw a tantrum this morning.
He stated when he inspects them no one seems to be in much of a hurry
to correct any violations he has advised them to.
Mr. Smith said he shouldn't be doing these inspections, anyway.
Dr. Cosgrove asked why does he do them when they do come under the
jurisdiction of the State?
Mr. Smith said the State probably wouldn't get anyone to come out to
do it.
The Office of Children calls him to inspect these homes before they
issue the license renewal.
Mr. Smith reported that he had filed a complaint in Concord District
Court against Dr. Kim of Essex Street for not attempting to have his deptic
DR. KIM
8 ESSEX ST.
system pumped or repaired after he had been notified by letter it was creating
a nuisance.
WINNING FARM Mr. Smith reported he had received more calls about six of the horses
HORSES of Winning Farm running loose on the streets and people's property in Lexington.
Mr. Smith said he called the Health Agent in Woburn but he wasn't too
interested. He said it is the problem of the Woburn Health Department and not
ours to see that those horses are kept corraled or in the barn.
Mr. Smith reported to the Board that he has received the new changes
for the rabies vaccine. In this Town we always had the ruling that a license
was to be obtained for the dogs before the Health Department would give the
free rabies vaccine innoculation. The State Legislature pass a law that all
cities and towns must have the rabies vaccine innoculation before the dog
owners can purchase a license.
This new process will create problems for us as there are special forms
to be filled out at the clinic before the dog can receive the vaccine.
Dr. Cosgrove asked who has to fill the forms out?
Mr. Smith said that we do.
Dr. Cosgrove asked why can't the people, that bring their dogs in, fill
out the forms?
Mr. Smith said it has to be done by us. The forms are much more in-
volved than we usually use. We will need extra help to get the forms
filled out.
Mr. Lambie asked, was this a State form? Mr. Smith said yes, but it is
going to be the national form. He told the Board the tags will be a different
color and shape each year.
The following permits were signed by the Board:
Rubbish Disposal
Joseph Motzkin & Sons Sorrentino Trucking Co.
99 Granville Ave., Malden 15 Crescent Hill Ave., Lexington
Ace Disposal Co.
22 No. Maple St., Woburn
SEWAGE DISPOSAL
Rite -Clean Cesspool Service
23 Mohawk Drive, Burlington
Installers Permits
Bruce J. McKee
19 Buttaro Place, Woburn
Northeast Disposal
22 Maple St., Woburn
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Food Service Establishments
Carey's Catch
46 Mass. Ave., Lexington
Baskins Robbins (transer of ownership
to Mark Levine)
1729 Mass Ave., Lexington
Animal Permits
N.E. Vending
121 Hartwell
Canteen Corp
9 Maguire Rd
Virginia Fitzgerald FOUR HORSES
342 Bedford St.
Diran Keshian
455 Lowell St.
Lexington, Mass.
for Varian Vacuum
Ave., Lexington
for Itek Bld. #2
., Lexington