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HomeMy WebLinkAbout1980-03-03"BATTLEVIEW" 'JOHN BRUCCHI BOARD OF HEALTH MEETING MARCH 3, 1980 The regular meeting of the Board of Health was held Monday, March 3, 1980 in Room G-15 of the Town Office Building. Members present were: Dr. William L. Cosgrove, Chairman; Mr. James W. Lambie and Mr. George A. Smith, Director of Public Health. Minutes of the last meeting were approved as read. The Board approved the appointment of Mary Joyce Kekejian of the Health Department staff as a "special agent" to sign burial permits only. The Board discussed briefly the "Battleview" subdivision in the Young Street area owned by Philip Heidke. Mr. Smith said Engineering didn't see anything wrong with the plan and that Mr. Prentiss didn't seem to see any great problems for the Conserva- tion Commission except they want to have more compensatory storage. Houses will be built on "indian mounds" raising them up to keep cellars dry. At 7:30 p.m. Mr. John Brucchi came before the Board. was requested by Mr. Brucchi. This appointment What do you have to say John, asked Dr. Cosgrove. Mr. Brucchi said, "I have locked horns before with members of this Board. Now under Article 808 the town cannot rezone land that I am doing business on. I have put my kids through college, etc. by hard work and long hours". Mr. Lambie asked, "What is Article 808?" Mr. Brucchi answered that it is a law passed in the State. Mr. Brucchi related the same story he has told the Board many times be- fore and said he wants to sell his "farm" and get a good price for it. He wants to sell it as a working farm so he can retire. If he cannot sell it as a working farm, he will have to sue the Town, he has a lawyer waiting and it is like one having to sue a "member of his own family" when you sue the town you were brought up in". He said his animals were not a health nuisance, he runs a clean place and the S.P.C.A. has inspected his place. Mr. Brucchi feels his place is an asset to the town. Mr. Lambie said we have all heard this before John. It isn't the zoning we are dealing with here, it is an animal permit. The Board only deals with animals on the premises. Mr. Brucchi proceededtosay that he doesn't want to dig up any dirt but when he sues he will dig "deep, deep, deep" to prove they are wrong. "This is America" said Mr. Brucchi, and "Doc, I am going to sue you personally". Mr. Lambie said if Doc Cosgrove is wrong, Mr. Brucchi, then so am I. Your permit is under the "Grandfather's Clause". We cannot pass on the permit to the new owner. Doctor Cosgrove said, the whole thing is, John, there is only 2 acres of land and we cannot give the new owner the permit for the same number of animals. We are going under the regulations of today, John, not 30 years ago. What you want is for this Board to transfer your permit to the next owner when our rules and regulations do not allow it. Well, it is not going to happen, said Dr. Cosgrove. Well, said Mr. Brucchi, I have to go to court then. Dr. Cosgrove said: "Go ahead, this Board is not going to break the rules and regulations for one person. It sets a precedent. Our regulations state "permits are not transferable" to the new owner of the property. Mr. Brucchi stated that he want a letter from the Board stating that the Board will not transfer a permit to a new owner of the property. Mr. Lambie said: John, if you are requesting that, you will have to write a letter to the Board of Health. Dr. Cosgrove repeated once more for Mr. Brucchi not to come before the Board and expect them to give him permission to let the new owner have his permit. Mr. Lambie stated again that this is nota zoning problem. Mr. Brucchi said: "Well, I'll just have to go to court. Mr. Lambie said again: "If you want to, John, go ahead". Mr. Brucchi thanked the Board and retired. Mr. Smith told the Board that no one is denying Mr. Brucchi the right to sell his house but we are denying him the right to transfer his animal permit to the new owner of the property. Lincoln Hill Estates will be a two house subdivision. The builder LINCOLN has an easement from the Temple to put town sewer in at the builder's expense. HILL ESTATES The builder had been turned down when he requested to put in septic systems because of erosion of soil. Mr. Smith discussed the new pest control advisory committee. He read PEST CONTROL the names of the residents appointed - John Andrews, Ann Bond, Raymond Gabler, ADVISORY Barbara Greene, Paul Riffin and Dr. M.K. White. Paul Mazerall of the Park COMMITTEE Department and George Smith, Health Director were appointed ex -officio. Mr. Smith said the 6 appointed members of this advisory board have their minds made up from the start so it will most likely be a waste of time. This board was appointed for a six month period. -Mr. Lambie said it will take the burden off the Board of Health. Mr. Smith said if the occasion arises the Board of Health has the right to step in and take action. I don't think this committee has anything conclusive to show that mosquito control is a dangerous thing to do. Mr. Smith said he has worked with East Middlesex Mosquito Control on ditching and draining and they don't have to file under the Hatch Act. He said he had gone out with Cliffe Prentiss before anything was done in past times. He continued that the use of pesticides is spelled out in the law and there are only certain ones allowed to be used. The East Middlesex Mosquito Control uses a larvacide that is killing mosquito larvae. All pesticides have to be listed by the E.P.A. before it can go on the market. Some are resticted for use - to be used only by licensed people such as the East Middlesex Mosquito Control. Dr. Cosgrove said that people that are opposed to it will not listen as they feel it hasn't been proven safe. Mr. Smith said Mr. Andrews has a "hate approach" to the East Middlesex Mosquito Project. Mr. Smith told the Board that -legislation had been passed that requires restaurants serving more than 25 people to have someone on duty trained in CHOKER the Heimlich or Airway Maneuver techniques. SAVER LEGISLATION He said that the choking on food in restaurants is called the "cafe coronaries" because people mistake the choking for a heart attack. He told the Board he is going to have a program for restaurant owners sometime in the near future. Dr. Cosgrove asked what about the gadget that has been marketed for helping a choking victim? Mr. Smith said that the gadget had never been approved or accepted by the State Health Department. Mr. Smith told the Board that the Blue Cross/Blue Shield and the Mass. Health Officers will put on a demonstration of "Sequence of Airway Maneuvers". Conservation has turned down plans for the Lexington Executive Park because of the wetlands. LEXINGTON EXECUTIVE Mr. Smith told of a vaccine that veterinarians have been using for dogs PARK and cats for their rabies vaccine innoculation that has given several cats a case of rabies. This vaccine has since been recklled by any company that RABIES had developed it. VACCINE RAYTHEON NEW BUILDING The vaccine that we have purdhased says "do not vaccinate cats". Dr. Cosgrove said he had received a call from a doctor who resides in town. He said his cat had been attacked by two dogs. He was upset because when he called the animal control officer he was told that this Department did not handle cats. The doctor felt that it should not be called Animal Control. Mr. Smith told the Board that the last Town Manager came up with that name. Mr. Said he would speak to the Town Manager about this. Plans for a new research facility were brought to the meeting by Mr. Smith for review by the Board. No action was taken by the Board on these plans. 1 1 The following permits were signed by the Board: FOOD ESTABLISHMENTS Arno's Delicatessen 321 Woburn St. Sheraton -Lexington Motor Inn 727 Marrett Road Dunkin Donuts 373 Waltham Street SWIMMING POOLS Lexington Racquet and Swim Club 475 Bedford Street ANIMAL PERMITS Antonio R. Leyenaar 2 Paul Revere Rd.: Barbara H. Findley 76 Middle Street. RUBBISH DISPOSAL (24 Guinea hens & chickens) (10 hens) SCA Howard Disposal Service 66 Norfolk Ave., Roxbury, Mass. Lexington House of Pizza 399 Lowell St. Cigarette Service Co. at Burroughs 92 Hayden Ave. Bel Canto Restaurant (formerly 1715 Mass. Ave. Minute Man) WADING POOLS Lexington Racquet and Swim Club 475 Bedford St.