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HomeMy WebLinkAbout1981-06-081 1 1 BOARD OF HEALTH MEETING JUNE 8, 1981 The regular meeting of the Board of Health was held Monday, June 8, 1981 at 7:15 p.m. in Room G-1 of the Town Office Building. Members present were: William L. Cosgrove, D.M.D., Chairman; Mr. James W. Lambie and Health Director, George A. Smith. Mr. Peter DiMatteo, Building Commissioner, and Zoning Officer met with the Board at 7:30 p.m. The Board was interested in the regulations in regard to animal permit holders, namely horses, that rented out stable space to other horse owners. The Board asked Mr. DiMatteo where this is a commercial venture shouldn't they have to go before the Board of Appeals before being given their animal permit to keep horses. Mr. DiMatteo said he found that in order to board horses a special permit should be obtained from the Board of Appeals if it is a commercial venture. He said some people could just be letting their friends use the barn. Mr. Lambie asked if the Board of Health should send the applicants down to the Board of appeals if they are boarding horses. Mr. Smith said when we ask if they are boarding horses they always say, "No". Mr. DiMatteo said they should be required to show ownership of horses to see who does own the horses. Mr. Lambie asked Mr. DiMatteo if the Board should send them down to you. Mr. DiMatteo said to send them to the Board of Appeals. Mr. Smith told Mr. DiMatteo that we wanted his opinion because of the case they were having come before the Board this evening. He said that one of the people that stabled their horse at Smoske's a year or two ago went to the Board of Appeals and that Board said if the Health Board will not give Mrs. Smoske an animal permit that there was no need of filing with the Board of Appeals. Mr. Smith said that most of the larger stables are all gone now. Mr. DiMatteo told the Board members that a form goes around now to each Department from either the Building Dept. of the Board of Appeals asking for an opinion from each department that would have an interest in that particular thing. Mr. DiMatteo stated again that the Board would have to be very careful that the extra horses being stabled on the property isn't just friends horses. He said there should be no breeding, boarding, etc. without a "special permit". '/64 SHERATON - LEXINGTON POOLSIDE FOOD SERVICE Mass. STANDARD MORTALITY RATIO 69-78 SEPTIC SYSTEM FRANK SMITH CLEMATIS WAY It was suggested when an applicant applies for a permit, have them list the horse owners on the application. Mr. Smith said we should take each one separately, It would be foolish to send them all to the Board of Appeals. Each case is different. Mr. Lambie asked if Town Counsel would get in on this. Mr. DiMatteo said, "No", the by-laws state quite plainly what is to be done". Mr. Smith told the Board that he had received a letter from the manager of the Sheraton -Lexington requesting to have a pool -side food service as they have in past years. Mrs. Gabriel had been to the Sheraton and reviewed with the manager what the Board of Health expects them to do. Mr. Smith said he had been to the Sheraton this morning and sees no reason why they couldn't have this. Mr. Smith had the book on Massachusetts Standardized Mortality Rations for the years 1969 through 1978. Mr. Lambie asked who had done the work for Lexington that went into this book? Mr. Smith said he thought the information had been supplied by the Town Clerk. He said there had been criticism around the State by the local Health Depart- ments as of its validity. Mr. Smith told the Board that Frank Smith had been into see him and to ask a couple of questions. Frank Smith is going to build a house on Clematis Way and wants to know if he could put in a smaller septic system than is required. It would only be a temporary system because eventually there will be sewer on the street. Ted Freeman is building houses on Clematis Way and is going to put the sewer in for this street. The Town is going to sewer Allen Street. This will go right up past Clematis Way. Things could change, said Mr. Smith, but at present, the Town plans to put in the sewer in the Fall. Mr. Smith told the Board that he has no objection to the smaller system being put in by Frank Smith as long as he puts in a larger leaching bed. He also told the Board that Allen Street and Pitcairn Place are in trouble. Five out of six septic systems need repair. MERCK,SHARP Mr. Smith reported to the Board that he had received a letter from Merck, & DOHME LETTERSharp and Dohme about the Pneumovax Vaccine. It stated that it thould not be given to any pregnant woman or anyone under the menopause age. Mr. Lambie asked if this applied to all pneumovax or just this company. Mr. Smith replied that only one company makes the vaccine and that is Merck, Sharp and Dohme. Mr. Lambie asked what the risk is if it is administered to anyone under the menopause age? 1 1 1 �s 3 Mr. Smith said it did not say, and has not heard from the F.D.A. as yet. Mr. Smith reported that he had received an advisory letter from the Mass. ADVISORY Department of Public Health stating that screening the personnel in schools LETTER for tuberculosis is no longer mandatory. School bus drivers, teachers, kitchen #118 personnel, etc. do not have to be tested anymore. M.D.P.H. The Lexington schools are going to keep the screening program up. They feel it has served a good purpose because in 12 years they have found 12 cases of tuberculosis. Mr. Smith told the Board that the Flu Vaccine may not be given to us by the FLU State this year. He will be finding out soon whether or not we will have to VACCINE purchase our own vaccine. 1981 Mr. Smith has written to Watts Regulators for information for back -siphonage for pools. He said some pool owners have put on hose bibbs and some haven't. Mr. Smith told the Board that the Health Department is receiving many calls GYPSY in regard to the gypsy moths. The gypsy moth problem is all over Town and will MOTHS be back again next year. The callers are concerned about the rashes being caused by the gypsy moths. He said there are some cases of Entomphobia (fear of bugs) and people having nightmares of bugs. Mr. Smith told the Board we don't know what people are using when they spray the trees in their own yeards. If we had a control program in Town we would know what is being used to spray the trees. Mr. Smith reported that the "Old Res" will be getting into the swimming season soon. He has been doing water samples from the Res since May. The samples are fine right now but if it gets hot again and is heavily used, Mr. Smith said he may have to close it if the water samples are poor. He reported that Town Meeting has given the money for the "well" and has also voted to keep the Res open longer each day. He said the M.D.C. will not allow the water to be used for the Res this year. Last year it cost the Town $2000. for water for the Res. Mr. Lambie asked what about aeration? Mr. Smith said: It did not work. He said the Recreation Department went to look at a couple of these this week but he said they really don't work well. He said that they suck up sand and do not operate properly. "OLD RES" There had been trouble with the sewer line at the Sheraton -Lexington. There SHERATON was a $4000. of solar panel high water level alarm stolen. LEXINGTON SEWER LINE Mr. Smith reported that the Health budget was approved in the Warrant. It has been reduced from 10,950. to 7300. Mystic Valley Mental Health budget was given $10,000. BUDGET 81-82 6 RABIES CLINIC VIRGINIA FITZGERALD ' 342 BEDF®RD STREET DOGS ARTICLE TWELVE TOWN WARRANT SMOSKE ANIMAL PERMIT The Rabies Account was left at $2600. and the Visiting Nurses was given the same as last year - $6800. Animal Control expense budget remains the same as last year. "Replace was reduced from $37,000. to $30,000. Mr. Smith told the Board the Rabies Clinic dropped in attendance about 200 dogs. The licenses are about 200 licenses behind, also for this year. He told the Board more dogs are being taken to Lowell. People are giving their own dogs up and they cannnot find anyone to take them. He said the M.D.C. or State police come in once in awhile looking for adult dogs. Mr. Smith read the letter to the Board that he is sending to Mrs. Virginia Fitzgerald Lovett in regard to her having six horses on her property without a permit. The Board said to send the letter to Mrs. Lovett. She is very defiant as they told her she could have only four horses on her property and she has six horses stabled there. Mr. Smith talked briefly about dogs and how the animal control officer cannot catch them at all times. The dogs seem to recognize the truck and run the other way onto their property. Mr. Smith told the Board that Town Meeting should be over tonight and if it is the Board should sit down and settle this Brucchi thing once and for all. They will sit down with Norman Cohen, Town Counsel. This is in regard to Article 12 of the Town Warrant. Mr. Smith told the Board before the Smoske appointment that Mrs. Smoske had written to the Massachusetts Department of Public Health and the Animal Rescue League about her animal permit and the Lexington Board of Health. Mr. Smith said he had received calls from both places wanting to know what was going on with the Smoskes. At senven-forty-five Mrs. her was her son, Robert. 12 Demar Road and Susan & Smoske's property. JoAnn Smoske came before the Board. Also accompanying In attendance also was Elizabeth & Lawrence Freier of Bill Johannsen of 10 Demar Road, abuttors of the Mrs. Smoske told the Board that consider her application for an She said her barn and dumpsters has for nine years. she was here tonight to ask the Board to re - animal permit to keep horses on her property. were clean, she pays taxes on that barn and Dr. Cosgrove told Mrs. Smoske that her track record for keeping horses on her property was not good. Many complaints have been received about the manure on the property, etc. Also, complaints about the horses getting off the property, broken fences, etc. Mrs. Smoske said her place is clean and always has been. 1 1 Mrs. Freier said she would take exception to that. She said the manure smells and it is left days at a time. The pictures her husband has there tonight shows manure on their property. At least seven times the horses have been on the Freir property, Mrs. Freier said. The fences are so poor that the Smoske's braced it up but the brace is on the Freier's property. Mrs. Smoske said that the piles of manure on her property are not a health hazard. Mrs. Freier said she tried communicating with the Smoskes but could get nowhere. She said this has been a problem through the years and the Board of Health has quite a file on the Smoske's. Mrs. Freier told the Board when her children were small several years ago, and she was at home with the children, they were always fearful because the Smoske horses were always getting into their backyard. Mrs. Johnannsen said she had been very ill for six months to a year and when she was at home during that period that the smell from the manure was terrible. Mrs. Johannsen asked the Board if Mrs. Smoske was granted a permit and still did not comply with the regulations, what happens then? Mr. Lambie said we can revoke the permit. IMrs. Johannsen inquired how long that would take. The Board siad that they could revoke the permit immediately. 1 Mrs. Smoske said that she owns a farm so no one can complain about the manure. She says she owns a place on the Cape with farms on both sides of her and both have the odor of manure. Mrs. Smoske then said that Article 808, State Code, allows her to have a permit. Mr. Smith said, "Oh, we know where you are getting your information". She said "She got her information from Mr. Doran". Mr. Lambie inquired if Mrs. Smoske has a commercial stable. Mrs. Smoske said she didn't know what he meant. The Board explained that anyone that boards horses is running a business and would have to go before the Board of Appeals. Mrs. Smoske said she never knew that. The Board explained it was because Mrs. Vohl (former boarder of horse at Smoske's) went to the Board of Appeals last year trying to overthrow the Board of Health's ruling "to revoke the Smoske Animal Permit" that brought that to their attention, the fact that anyone boarding horses needed to have a special permit as it is considered a business. Dr. Cosgrove said he feels that the Smoske's re-application to keep horses on their property is too important an issue to decide and suggested it be taken up at the next meeting when the full board meets. He told Mrs. Smoske that her track record as holder of an animal permit was not very good and through the years there were many complaints about her horses and the maintaining the stable and grounds, but he said he wants to be fair with her so we shall postpone any decision and we will take it up again at the next meeting. He said this problem has been going on for several years now and a decision will be made at the next meeting. Mrs. Smoske said, she also, would prefer a full board to discuss this matter and was willing to wait and take it up at the next Board meeting. Mr. Lambie told Mrs. Smoske that we have quite a file of complaints and cor- respondence of her horses in black & white. Mrs. Smoske said she also has letters. She said she would like to see just what the Board has on file. Mr. Lambie read one letter dated sometime in 1974 in which a person was com- plaining at that time about conditions of the premises because of horses at the Smoske's. It was decided to postpone anymore discussion of this permit until the next Board of Health Meeting when they would have all members of the Board present. Meeting adjourned. 1 1 1