Loading...
HomeMy WebLinkAbout1981-07-13BOARD OF HEALTH MEETING July 13, 1981 The regular meeting of the Board of Health was held Monday, July 13, 1981 at 7:15 p.m. in Room G-1 (Recreation Office) of the Town Office Building. Members present were: Dr. William L. Cosgrove, Chariman, Mr. James W. Lambie,' Dr. Michael S. Erdos and George A. Smith, Director of Public Health. The minutes of the last meeting were approved as read. Mr. Smith told the Board members that a complaint had been received from a Mr. Tobiason of North Street in regard to the water in the North St. pits. Mr. Tobiason wanted Mr. Smith to test the water to see if it was safe enough for people to be swimming there. Mr. Tobiason lives right in the area. Mr. Smith said that Mr. Tobiason figured if the water did not come up to the proper stan- dards for swimming that a sign could be put up "No Swimming". Mr. Smith said that he had been in the area three times this year because of complaints he had received about rubbish. He said if we tested the water it would condone illegal activity but he does not have the time to be out there testing water anyway at an area that is not ap- proved for swimming. Dr. Cosgrove asked if someone swims in the "pits" and catches a disease over there would the Board be responsible? NORTH STREET "PITS" Mr. Smith said, "No". It is not an approved swimming area and the regulations state that it has to be an approved swimming area, therefore we are not responsible for the conditions of the water. Mr. Smith told the Board that he had received a call complaining about the large trucks going up Grove Street every few minutes and dumping fill onto the property of Robert Rollins of 205 Grove Street. He said one truck was carrying a large boulder that fell off and caused damage to a car (ruined the transmission) and then the cars behind had chain reaction, one running into the next one. The Rollins were filling in their backyard by having fill brought in from sur- rounding towns, He said that it was about a 40 foot drop over the embankment, a rather large area to be filled. The fill being brought in contained mostly stumps when Mr. Smith inspected it. Mr. Smith said on the property also were six unregistered cars that could possibly have landed over the embankment Mr. Smith had the dumping stopped and told Mr. Rollins he would have to have a permit from the Board to continue this project. He suggested making an appoint- ment to come before the Board of Health with a set of plans showing what he intends to do. Approval should also come from Mr. Rollins abuttors. Mr. Smith told the Board that he intends to send Mr. Rollins a letter stating what he would have to do to continue the dumping and filling in there. Mr. Smith had a man from the D.E.Q.E. also come to do a "site assignment". FILLING LAND - 205 GROVE STREET REPORTS - ABOUT RESTAURANTS NEW CHAIRMAN OF THE BOARD A dust complaint has been received from residents of Bedford Street about the Colangelo new building project on Bedford Street. The trucks are bringing in gravel and when they leave, they have mud caught in the tires and it lands on the street. Mr. Smith said that he sent them a letter and they had bucked at first to his suggestions but since then, they are very cooperative and have brought in a sweeper to keep Bedford Street clean. They also are putting down calcium chloride. The peat from the land is being taken to the landfill. Mr. Smith reported that the new Vienna type restaurant that is going in where Brigham's used to be hasn't been doing too much lately. He figures they probably won't really get started until the Fall. The Melting Pot, retail food establishment, has filed with the Board of Appeals to change their business into a restaurant. DAKA (Dining & Kitchen Administration) has taken over a couple of cafeterias at 128 Spring Street that had been occupied by Kennicott Copper. Mr. Smith said the industrial buildings have cafeterias because they want their employees to stay in the buildings at noontime. The K of C is thinking of opening a restaurant from eleven to two p.m. for the employees of the Hartwell Ave. area to have lunch. Dr. Cosgrove asked if Mr. Smith heard anything about Iodice selling submarine sandwiches at noontime. Mr. Smith said "No" he hadn't been made aware of that. He does not have a permit to sell sandwiches Mr. Smith said. He said he will look into this matter. Cumberland Farms has been renovating their store. Mr. Smith said he has been receiving calls from people about the restaurant business - to operate a restaurant where there had been restaurants before. Several people have also called about making sandwiches in their homes to sell to the general public. Dr. Cosgrove said he would like to make a motion that the Board vote tonight to elect a new chairman of the Board Dr. Erdos seconded the motion. Dr. Cosgrove said that he was of the Board of Health. The members voted unanimously of the Board of Health. submitting James Lambie's name to be chairman for James W. Lambie to be the new chairman Mr. Smith told the Board that he had received a letter from Mrs. JoAnn Smoske of 39 Robinson :woad requesting the tapes, letters, etc. from past Board meetings that she attended in regard to her animal permit. Mrs. Smith told the Board that we have the tapes only to do the minutes from and do not keep them per- manently. He and told Mrs. Smoske she could apply in writing to come in and 1 1 1 review her file and read the "permanent records" of the Board Meetings. Mr. Smith said he had not heard from Mrs. Smoske since she received the letter. Dr. Cosgrove said Mrs. Smoske's animal problem has been going on continually from 1973. He told Mr. Smith the Board had this problem even before Mr. Smith came to the Board as the Health Department Director. Mr. Smith said he had reviewed the whole file throoughly. He said there was one objection to this permit last year and there were three this year and one conditionally. At 7:45 p.m. Mrs. JoAnn Smoske can before the Board accompanied by her son. Also at this hearing was Mr. & Mrs. Lawrence J. Freier of 12 Demar Road and Mr. & Mrs. William Johansen of 10 Demar Road, abutters of the Smoske's. Mr. Lambie said we went around that time Dr. Cosgrove felt in sit before a decision is made. Board to decide this matter. SMOSKE ANIMAL PERMIT APP'T here last meeting about this permit and at all fairness to everyone that a full board should Mrs. Smoske also felt she would prefer a full Mr. Lambie said that at the present time, the permit has not been in existence for over a year. He said Mrs. Smoske is requesting a permit to keep two horses on her property at 39 Robinson Road. Before we give a permit, Mrs.-Smoske would have to go before the Board of Appeals for a special permit because boarding a horse is a business. Mrs. Smoske said she never knew she had to go before the Board of Appeals to rent stable space, but she said she would file with them if she had to. Dr. Erdos stressed to Mrs. Smoske that it is basically up to the Board of Health to give the permit to keep the animals. The Board of Appeals gives a special permit to operate the business of boarding horses on her property. The business of the Board of Appeals only came up in the last year and a half. It was brought to the Board's attention that if people with permits to keep animals rent stable space to a horse owner that this is considered a business. Mrs. Smoske said she didn't really make any money when she rented this space, that she charged just enough to cover expenses. Mr. Lambie asked if Mrs. Smoske.has anything else to say. Mrs. Smoske said that she would like to have a permit to keep two horses and that she felt the girls kept the place clean. Dr. Erdos said to Mr. Smith to read the basic reasons the permit was revoked a year and a half ago. Mr. Smith said we had complaints over a period of time about the horses being out of the corral and onto people's property.- The manure storage has been a constant problem. At this point, Mr. Lambie asked the Board if any member was in favor of giving an animal permit to Mrs. Smoske. No one answered. Mr. Lambie then asked if anyone was against giving an animal permit to Mrs. Smoske. All voted unanimously not to give Mrs. Smoske an animal permit to keep two horses on her property. The Board discussed the manure situation (past situation) at Smoske's. When the dumpster was full, it was not removed or emptied and members of the Board had witnessed it. The girls that boarded horses enjoyed having them, but.they did not.like physically taking care of them. Mrs. Smoske said in 1973, we had a large horse that broke through the fence and she had to have them repaired. She said that the problems that she had in the past two or three years was because the girl's horse was a jumper and kept jumping the fence. Mrs. Smoske said she had to restrain the horse in a small area and therefore the manure piled up. -. Dr. Erdos and Mr. Lambie discussed the regulations briefly and asked if one abutter objected to this permit would they be obligated to revoke this permit with the past history of this permit. Dr. Erdos asked Mr. Freier what in his mind or other abutters minds would be "just" in giving this permit? Mrs. Freier said when a temporary, when it is changed to the regular conditions then become horrible. Mrs. Freier said we try to live comfortably beside our neighbors. At one time we signed for a temporary permit and it didn't work out. Mrs. Smoske asked: "When did I ever have a temporary permit?" Mr. Lambie said we gave you a temporary one within the past two years. Mrs. Smoske said that at that time, Mr. Comerford had said he would remove his horse from her property because it was always jumping out of the corral. Mr. Smith said: "But he never did remove the horse." Dr. Cosgrove said that we cannot base this permit on one incident anyway, our file is full of complaints since 1973 about the manure, conditions, etc. How many times do we have to go through this? Mrs. Smoske said she didn't receive any letter about conditions. Dr. Erdos said that he has read the file and there are copies of letters there that had informed her of the conditions. The Board stated that they are not singling out Mrs. Smoske but each permit owner is looked at individually. Some other barns in town are clean enough to eat off the floor. The Smoske property has never been taken care of properly. Dr. Cosgrove said "The policy has been, if the abutters object then a permit is not given. Now we have three abutters objecting. Should we change our policy? Mr. Lambie said that he goes along with Dr. Cosgrove. We have had many problems with the Smoskes and when there are abuttors objecting, a permit should not be given. Mrs. Smoske said she has a barn and should be given a permit. She said "808" requires that she has a permit. 1 1 1 No, said Mr. Lambie, "808" is only for zoning. The Board of Health has a right to revoke a permit if the conditions on the property are not kept up as the regulations specify. The three Board members told Mrs. smoske her application for a permit is denied to keep two horses on her property. Mrs. Smoske stated as she left the meeting that she is going to the Board of Appeals. Mr. Smith told the Board that after revoking Mrs. Smoske's permit a year and a half ago, he had spoken with her attorney and told him what Mrs. Smoske would have to do to have her permit re -instated. He told her attorney at the time that Mrs. Smoske should go to her neighbors and ask them to give her a chance and state to them what she planned to do. Mrs. Freier said she tried to approach the Smoske's about what they could do but there just was no reaching them. Mrs. Johannsen said there were times that Mrs. Smoske had some violations and they didn't call because the Smoske's were neighbors but she said the situation became unbearable. Mrs. Johannsen said she doesn't think Mrs. Smoske feels she has a problem there and she cannot be reached at all. Mr. Smith told the Board that each Spring a letter is sent to all animal owners stating what should be done after the Winter to clean up. Some read it and abide by it and others just throw it away and do nothing. Mr. & Mrs. Freier and Mr. & Mrs. Johannsen thanked the Board for listening to them and retired. At 8:30 p.m. Mrs. Joan Melcher, Coordinator of the Council on Aging came before the Board. Mr. Joseph Rooney, President of the C.O.A. accompanied Mrs. Melcher to the Board meeting. Mrs. Melcher told the Board that the Council on Aging would like to have one of the "elderly blood pressure clinics" at the C.O.A. headquarters once a month. She told the Board that they would prefer a Thursday, but not the last Thursday of the month. On Thursdays, they have a congregate meal and around 50 or 55 people attend. This would be a good time to check blood pressures. Dr. Cosgrove told Mrs. Bea Phair of the Town Manager's Office when he had a meeting with her that he saw no need to add a clinic as he felt we had given plenty of opportunity to the residents to get their pressure checked with all the clinics that were now available. Dr. Cosgrove said it was his suggestion to take one of the clinics away from the villages if the Council on Aging felt it would be better there. Mr. Rooney, through the Council on Aging, had requested to have an appointment with the Board at their regular meeting. A letter was sent to Mr. Rooney, in care of the Council on Aging, stating a time the Board would meet with him. Mr. Rooney did not appear at the meeting and later stated that he had never received the letter. Dr. Cosgrove said that he had been asked if he would go along with the Council on Aging having a blood pressure clinic. Dr. Cosgrove said he had no objection if everyone else felt it was advantageous to all concerned, including the senior citizens. After the Board Meeting went by (April 13, 1981) that Mr. Rooney did not show up at, the Council on Aging contacted the Town Manager stating that they did not hear from the Board of Health about these clinics and apparently felt that the Board was not interested. Dr. Cosgrove stated that the Council on Aging took his idea and when the Town Manager was contacted, they had given him the impression that the clinic was their idea. He said that was not a very nice thing for Mrs. Melcher to do. Mr. Rooney spoke and said they want to move one of the clinics at least, to the Council on Aging because they feel they are infringing upon the privacy of the residents at the villages when the blood pressure clinics are there. Dr. Cosgrove asked what was wrong with Greeley and Vynebrook before the Council on Aging came into existance? Mr. Rooney said the halls at the villages are the residents living room for the elderly. They do not belong to the Town. Mr. Lambie asked if residents outside of the villages resent having to go into the villages? Unfortunately people resent going there, Mr. Rooney said. Mr. Lambie asked: "Is there a problem there?" Mr. Rooney said that the senior citizens opposed the setting up of the Council on Aging. There is a big difference between the council and the senior citizen group. Mr. Rooney cannot understand their attitude. Mr. Rooney said the elderly have paid their way in Town and should have their privacy at the villages. Dr. Cosgrove said the clinic that is run at the bank, sponsored by the Rotary, does not have any steps to go up or down but the church where the Council on Aging is does have steps to contend with. Dr. Cosgrove resents anyone that says that the Board hasn't done a good job in supplying clinics for the elderly. He said that he took the oath to do a good job for the residents of this Town. Dr. Cosgrove said again it was his suggestion to go along with the clinic at the Council on Aging, not Mrs. Melcher's as she claims. Mr. Lambie said I think we are all interested in doing the best for the elderly of this Town. Mr. Rooney said, "Years ago when this came up, the Housing Authority could have turned down these clinics." "The Town has never paid one cent to main- tain these villages." 1 1 1 Dr. Cosgrove said that the clinics were put in the villages to make it easier and convenient for the senior citizens. Dr. Cosgrove told how questionaires were sent to Greeley and Vynebrook Villages asking the residents there to sign whether or not they would give up a clinic to have it go to the C.O.A. Only a few would sign up and make their preferences known. Dr. Erdos said that we must consider in making our decision if these clinics are utilized. Sho uses the clinics? Are the same people going to every clinic? Mr. Rooney asked Dr. Erdos what his status was there tonight. Dr. Erdos identified himself and told Mr. Rooney that he was a member of the Board of Health. He said that the people come back to these clinics for the socializing with other people. He told Mr. Rooney that we try to publicize these clinics but still the same people come back time after time. Mr. Rooney told the Board that the Housing Authority had tried to have drop-in centers in the villages but people felt ill at ease that went there. Dr. Erdos asked if these people are the same nucleus - that go to the villages every week? Mrs. Melcher said, "no". "Vynebrook Village does not come to the Council on Aging, most people that come, live in their own homes". Dr. Erdos said if we are to cut out a clinic, it probably should be at Vynebrook because Greeley has more people living there than Vynebrook does. Mr. Lambie said we should have some input from the V.N.A. about this. Mrs. Melcher said the visiting nurses are very anxious to do our clinic at the C.O.A. She said we can also get a volunteer nurse to help out. She said she can get volunteers and use one visiting nurse. If the clinic is run at the C.O.A. it is hoped that the people from the villages will be using them as well as the outside residents. Mr. Rooney said that his authority for housing has been criticized for using the village halls for housing business and he says that the people resent them taking over the hall. He said that is part of their living quarters. Mrs. Melcher said that Greeley and Vynebrook are fine for the people that live there but she is trying to reach out and get other residents to come to the clinic at the C.O.A. if they are allowed to have one. Dr. Cosgrove asked what age group she is trying to reach. Mrs. Melcher said the group 60+ there are 17% of residents of that age group. Dr. Cosgrove said there are about 5000 persons over 60 years of age in this Town. Mr. Rooney said that this is a problem because they have not been able to reach out to all the elderly. VIRGINIA FITZGERALD LOVETT ANIMAL PERMIT Dr. Cosgrove asked what was wrong with Greeley and Vynebrook before the Council on Aging came into existence? Mr. Lambie asked how many from Vynebrook and Greeley would go to the clinic at the C.O.A.. Mrs. Melcher answered that she did not know how many would use it. She said sometimes the C.O.A. programs start slow and really develop. Dr. Cosgrove said that Bill Sen had told him the people that live outside of the villages wouldn't go into the villages to the blood pressure clinics. He said that people outside the villages look down on the people that live there in the villages. Taking out a clinic from the village and moving it to the Council on Aging will be discussed further before a decision is made. Mr. Rooney told the Board that he was sorry that he didn't show up for the meet- ing on April 13, 1981. Mrs. Melcher and Mr. Rooney thanked the Board and retired. At 9:00 p.m. Mrs. Virginia Fitzgerald Lovett and her daughter, Lisa, came before the Board. Mr. Lambie told Mrs. Fitzgerald that he drove onto her property one day to check the manure storage problem and he found there were six horses on the property and she did not have a permit for six horses. Mrs. Fitzgerald said that Lisa saves horses from being killed. Lisa said she is the owner of nine horses altogether. Dr. Erdos said if they are going to take in any extra horses for a few days that Lisa should call the Board of Health and notify them how many horses are there. Mrs. Fitzgerald wants the permit put in Lisa's name because she owns the horses. The Board requires that the permit be in the property owner's name. Dr. Erdos said it is his understanding the permit is issued to the property owner. If Mrs. Fitzgerald wanted in her name she should write to the Town counsel and request a ruling. After the last meeting, Mrs. Fitzgerald was suppose to call the Health Department. Mr. Smith told the Board to come in and discuss the problem of manure storage and disposal but she never called. He said they have a trailer up there now that seems to be working out all right. Mr. Smith said he checked out the trailer and it should be on wheels and have a little heavier cover on it. The manure should be moved out every week at the most. Mr. Lambie asked if Mr. Smith has any recommendations for this permit? 1 1 1 17 Mr. Smith said that he would recommend a temporary permit for ninety (90) days at first Lisa Fitzgerald then asked if she could keep six horses on the property. "Oh, No:", said Dr. Cosgrove. "You show that you can keep four horses properly before you ask the Board to keep six horses." The Board agreed that four horses was all they would allow at this time and they also agreed that the animal permit would be a temporary one for ninety(90) days. At the end of ninety days, the Board will consider a regular permit as long as the regulations and conditions set by the Board of Health are abided by. Mrs. Fitzgerald Lovett thanked the Board and she and her daughter retired. Mr. Smith told the Board that many food establishments were changing their DISHWASHING dishwashing machines to a chemical disinfectant instead of a hot water dis- MACHINES infectant type machine. He said the sanitary code allows this although he doesn't care for them as well. Most nursing homes are putting this type in. They will be required to keep records of the temperatures, cleanliness, etc. and the only proper way would be for Mr. Smith to design and distribute a record form for the places that these machines are in operation. Mr. Smith said that Howard Johnson's Friendly's, Bel Canto, Lexington Hall Nursing Home and several other places have this new chemical type machine. Mr. Smith said they don't need a permit to put one of these in, but they must conform to the specifications of the Board of Health. Mr. Smith mentioned to the Board the accident that occurred at the Town pool. A nine year old girl slipped on the steps of the high diving board and landed on the cement. She was taken to Lahey Clinic and later transferred to the Children's Hospital. Mr. Smith went to the center pool and checked the steps of the ladder. He said everything was as it should be. They maintain strict regulations at the pool. Water samples taken from the Town pools continue to be good. "Res" counts are coming up. Money has been appropriated to drill a well at the "Res" to help the water supply over there. Mr. Smith mentioned briefly an oil spill at the Lexington Gardens. It had occurred a few months ago and at that time the drain had been cleaned and then the oil spilled into conservation land. The pipe wasn't cleaned so the oil came back. "Jet -Line" came in and cleaned everything out good. Mr. Smith told the Board that he had gone to a Hazardous Waste Conference in Springfield on June 24, 1981. ACCIDENT AT TOWN POOL Mr. Smith reported that we had been notified by the State that we will be allotted 490 doses of flu vaccine free for this coming fall. That is only 75% of our needs. Mr. Smith told the Board we really need about 130 extra doses that we will have to pay for. He would like the Board's permission to order it. The Board told Mr. Smith to go ahead and order the vaccine he needed. Mr. Smith told the Board that we received notification that the pnetmococcal vaccine that had been produced last year should be turned back to the company that manufactured it. The past vaccine is not to be given to any pregnant women or any one under the menopause age. Mr. Smith said this had been brought to his attention at first by the Lederle saleman trying to get him to purchase his vaccine. He contacted the State and they had just received notice to send to health departments to have any vaccine left from last year turned back to the manufacture for an updated vaccine. The Board said to call Merck, Sharp & Dohme and have them pick up the vaccine we have stored and have them exchange it for the updated vaccine to give at our clinic. Mr. Lambie asked how many people get immunized at pneumococcal vaccine clinic. Mr. Smith said last year we did about 35 people, only. Dr. Erdos said that Medicare will now pay for the immunization vaccines. They are now trying to decide how medicare will pay for the vaccine received through a public clinic. At the doctors office they are charged $5.00 for the vaccine and $5.00 for administering it. Dr. Erdos wanted to know if we could take Medicare numbers and then submit a bill to Medicare for the people that are under it. Mr. Smith said that Dr. Fiumara of the State Health said we could, but it will create an awful lot of extra paper work. Mr. Smith said we try to get a good size clinic going. He advertises in the newspaper, church bulletins, markets, etc. trying to make everyone over 60 years old aware of our clinics. IMMUNE Mr. Smith brought up the subject to the Board of distribution of the immune SERUM serum. The State Health Dept. is not able to get much of this because the Federal Government is holding it back. The vaccine is primarily given to people that are "hepatitis contacts" but many doctors give it to people that are traveling out of this country. We were only alloted five vials instead of the fifty that we usually get. We would like to give this to physicians that are only giving it to the hepatitis contacts. If it is for someone traveling, we would like to suggest that the physician purchase it at a pharmacy. Another question we would like to discuss; Because this vaccine is so scarce we would like to distribute it when the patient is a Lexington resident. In Arlington when a physician administers this vaccine they always make the patient pick the vaccine up at the Lexington Health Office before their office visit. We would like to do that also as the vaccine is recorded against this Department. We have to send to Jamaica Plain for all our vaccines that is distributed and administered by physicians. This is charged to our Department when the records are sent to the State each month by this Department. The Board agreed to let this Department to handle the immune serum this way. Tetanus Toxoid is also a very limited vaccine at this time. 1 1 The visiting nurses contract is basically the same as last year except the fee per hour for their services has gone up one dollar making it $14.00 an hour for their services. The Board requested Xerox copies to be made and sent to each one of them so that they may read the contract before signing it. Dr. Erdos said that they pay R.N.'s $10.00 per hour and the visiting nurses gets $14.00 an hours. Cscar Cormier preliminary plans for a subdivision were looked at by the Board. Mr. Smith said that the plans did not show too much. `3 E 9 VISITING NURSES CONTRACT There are several stables in Town that we are having a problem with the manure storage and disposal. The property Diran Keshian 455 Lowell Street and The Board wants letters sent out to has to be done or they will have to owners are: Dudley West of 33 Oak Street, George Kazazian of 113 Concord Avenue. specifically tell these horse owners what be invited into the next Board Meeting to discuss the revocation of their permits. Mr. Smith told the Board that he would like to update the regulations of an abandoned cesspool. After the regulations are amended and approved by the Board of Health they will have to be published in the local newspaper. Mr. Smith told the Board that everything went well at the carnival this year. There were ten food concessions during the carnival days. Mr. Smith discussed with the Board the septic system to be put in with a "variance" that had been approved at the last Board Meeting. This will be a temporary system because sewer will be going into Allen Street and Clematis Rd. in the near future. If in the near future, there is a change of plans for sewer on the street Mr. Smith will have to go to the larger septic system. Mr. Smith read the following letter to the Board of Health that he sent to Mr. Francis W. K. Smith, owner of the property at 4 Clematis Road. Copies were sent to: Miss McDonough, Town Clerk, Mike Hanlon, Town Engineer; Peter DiMatteo, Building Commissioner. The following permits were signed by the Board of Health: Market Registrations White Hen Pantry Alexander's Convenient Store 373 Mass. Ave. 335 Woburn Street Melting Pot Hancock Market 20 Waltham St. 6 No. Hancock St. Mt. Royal Butchers 240 Bedford St. OSCAR CORMIER SUBDIVISION HORSE MANURE PROBLEMS ABANDONED CESSPOOLS CARNIVAL `:O Food Establishments Village Food Stores 189 Bedford St. Alexander's Pizza Shop 180 Bedford Street Animal Permits Ralph J. Frissore 6 horses 92 Blossomcrest Rd. Paul B. Lloyd 202 Cedar St. Mobile Food Service 6 horses 1 Steer 25 Chickens Brian Doherty d/b/a Phil's Fine Foods 5 Guild Road Burlington, Mass. Methyl Alcohol License Rowe Chevrolet, Inc. 33 Bedford St. Swimming Pools Town of Lexington Public Pools - 4 pools Centre Playground LeBellecour Restaurant 10 Muzzey Street Cain's Seafoods 321A Woburn St. Tony Ferro 18 Chadbourne Rd. Philip Tropeano 11 Larchmont Lane John Pasquale 35 Woodpark Circle 3 ducks 12 chickens 1 1 July 6, 1981 Mr. Francis W. K. Smith 49 North Hancock Street Lexington, Massachusetts 02173 RE: REQUEST FOR VARIANCE TO REDUCE THE LEACHING AREA FOR A SUBSURFACE SEWAGE DISPOSAL SYSTEM - LOT A & C CLEMATIS ROAD - PLAN DATED AUGUST 1980 BY MILLER AND NYLANDER Dear Mr. Smith: At its regular meeting on June 8, 1981 the Lexington Board of Health reviewed your request to reduce the size (leaching area) for the above referenced subsurface(septic) system plan which was previously approved by the Board of Health in September of 1980. As the Board of Health understands this request, it is made based on the fact that municipal sanitary sewerage which was anticipated has not yet been constructed as of this date and your request is necessary to facilitate occupancy. After reviewing your situation in consultation with the Town Engineering Department it was voted to approve your request for a variance with the following conditions: 1. Application for a permit to construct a subsurface (septic) sewage disposal system be made prior to any construction on this system. (Application enclosed) 2. A copy of the new plan showing changes be submitted for approval. (A new plan has already been submitted by your contractor) 3. That the area for construction be the same as originally approved and that the system be constructed in such a way that should it be necessary to construct the system as originally designed and approved the new design will not impede construction. 4. That this house be connected to municipal sewerage as soon as practicable after municipal sewerage becomes available. 5. That the system as originally designed and approved be completed should a premature failure of the revised plan (system) occur. 6. That the system be constructed as originally designed and approved if it becomes apparent that municipal sewerage will not be made available to service your house. (The status of municipal sewerage is to be reviewed with you at 12 month increments until such time as your house is connected to municipal sewerage or the system is constructed as originally designed and approved. 7. That if your property should be sold that the status of municipal sewerage and/or construction of the originally designed system be re-evaluated. 8. That this variance is not transferable without approval of the Board of Health. .82 9. That this system be constructed a minimum of 100 feet down stream from the well that is proposed to provide water for your house. 10. That a copy of this variance be filed with the Town Clerk as re- quired by Title 5 of the Environmental Code. Should you have any questions, please do not hesitate to contact this Depart- ment. Yours truly, George A. Smith Director of Public Health GAS:ms cc: Miss Mary McDonough, Town Clerk Town Clerk's Office Mr. Michael J. Hanlon, Town Engineer Mr. Peter DiMatteo Building Commissioner Enc: Septic System Permit Application 1 1