HomeMy WebLinkAboutBOH Minutes 2/23/1977L
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BOARD OF HEALTH
MINUTES
February 23, 1977
Present: Chairman Clemmey, Acting Clerk S. Holske, P. Shaw, F. Jones
1. Minutes of February 16, 1977
Motion: Approve
(Motion by Holske - second by Jones, Holske, Jones, Shaw in favor;
Clemmey abstain) VOTED
3. Correspondence
From Commonwealth of Mass.Department of Environmental Quality Engineering
regarding Mansfield public water supply
From Downtown Development Committee regarding meeting of March 3
Definitive Subdivision plan for Beachwood Estates
Motion: Send to Dunn for review
(Motion by Jones - second by Holske, Jones, Holske, Shaw, Clemmey in
favor) VOTED
Application for permit for earth removal - Gray Realty Trust. Advise Conservation
Commission that this plan is in front of us and that we have sent it to
Dunn for review.
Application for disposal works construction permit
90 Gilbert Street - Turinese and Eagan
Motion: Send to engineer for review
(motion by Jones- second by Holske; Jones, Holske, Shaw, Clemmey .
in favor) VOTED
Plan review from Dunn
44 Fox Street, Scarpellini
Motion: Send back to engineer for corrections
(motion by Holske- second by Jones, Holske, Jones, Shaw, Clemmey
in favor) VOTED
Canoe River Acres
;..,_lots 13, 14, 16, 17, 18, 22, 23, 24, 29, 28, 27
Motion: send back to engineer for corrections
(motion. by Holske, second by Jones, Holske, Jones, Shaw, Ciemmey in
favor) VOTED
. ";The Board held a public Hearing on the application of Elwood Shepard Jr.
f'; " i er at 160 Spring Street. See attached for discussion, There
for- a:,p 99 Y P 9
appeared to be 200 people present with the majority of these oppoged.
Approximately four people spoke in favor of the proposal. After a`five
minute recess the Board met with Town Counsel.
Motion: That paragraph 1 of Section I of Chapter 13 of the Town of Mansfield
Board of Health Rules and Regulations which were adopted July 25,
1956 be reaffirmed as reinstated so that there is no change in the
printed document of 1956
(motion by Jones- second by Shaw, Jones, Shaw, Holske, Clemney in
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February 23, 1977 - 2 -
Letters to Mr. Shepard, Arthur Morrison, Board of Selectmen to this effect.
Letter to Planning Board stating that this question may be more appropriately
handled through a zoning by law amendment which would require Town Meeting
approval'.
4. Subdivision plan for Karl Clemmey on West Street
At this point Clemmey left the room, he appointed Shaw as Chairman.
Motion: Send to Dunn for review
(Motion by Holske- second by Jones, Holske, Jones, Shaw in favor;
Clemmey not present) VOTED
5. Request from Robert Rizzo for extension of on -site sewage tests for 14020
1403, 1404, 1405, 1406 and 1407 Plantingfield Road
Motion: Grant extension of one year for the above lots
(motion by Jones- no second
Motion: The Board feels at this time that we will give a one year extension
of the on -site sewage tests. When they reapply next gear they
will have to come under the new regulations adopted by the
Board of Health. At that time the Board may require that they
do additional on -site sewage testing.
(Motion by Jones- second by Holske; Jones - Holske, Shaw, Clemmey in
favor) VOTED
6. Motion: That we order letterhead with Board members names imprinted
(motion by Holske, second by Shaw; Holske, Shaw, Jones, Clemmey in
favor) VOTED
7. Motion: to adjourn
(Motion by Holske, second by Shaw; Holske, Shaw, Jones, Clemmey in
favor) VOTED 10:25pm
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Clerk
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A
erd of Health
Rebruary 23, 1977
Public Hearing on the Application of Elwood Shepard for 200 pigs
Meeting opened at 8PM
Chairman Clemmey opened the meeting: I don't want any heckling, the person who
is speaking give his name and address. We will hear from Mr. Shepard first. Jus t
to re -cap- the Board of Health meeting on February 2, 1977 gave Mr. Shepard a pig
permit for three pigs. It was voted all in favor to give him a permit to allow
three pigs. Anything over three pigs in Mansfield constitutes a piggery. We hav e
rules and regulations that were adopted, guess everyone here is pretty familiar
with them - -_' i.. 1956 Rules and Regulations adoptedSection 1 Chapter 13 Pigs
and Piggeries.' Then on February 9, the Board of Health granted Mr. Shepard
a permit 6or piggeries. The regulation states ..They granted him a permit
with the regulation that M had to be published in the paper. Changed the
regulation, can't grant it without being advertised. Then on February 16 the
people came down that were opposed now its back to the way.the regulations were
in 1956. We would like to hear from Mr. Shepard and his counsel Bob Mangeratti.
We are going to listen to anyone in favor first.
Shepard: I came to the Board of Health and asked for a permit for 200 hogs. I
sold all my dairy business. Barn 10611ong 381feet wide cement floor. I want to
raise 200 hogs in there, feed them grain, bread, no garbage involved.With garbage
fed hogs you have a lot of waste. What manure there is we will take and spread
on the fields as the law requires.
Mangerattil think the important thing to remember is that a lot of the
stories that have been spreading around have been somewhat misleading. We want
everyone to understand exactly what this is all about. The hogs would be kept
in the barn, a cincer block barn, they would be always kept in the barn, they
would never be outside the barn, they would never be fed garbage. This is a
very important point. I think the impression that most people have about pigs
is they are fed garbage and they wollow in the mud, that it not the case
Mr. Shepard is an experienced farmer he knows the modern way to raise hogs.:
It would be done in a manner that would be no more of a nuisaace than the dairy farm
that was there for many years. He wants an opportunity how to continue to make
a living. At this time hog farming is more profitable than other ways. He has the
i building there. I think his reputation is something you should consider. The
Board of Health should consider also that Mansfield has been a framing community.
The way the regulations could be amended as we proposed the Board of Health at an
time could eid/ revoke the permit if the piggery proved to be a nuisance, the
Board would have absolute discretion to revoke the permit
Clemmey: Is there anyone who would like to ask Mr. Shepard questions regarding
the piggery or would anyone like to speak in favor of it
G. Lawson Clark , Department of Food and Agriculture- We feel it is very important
to KENO that these communities keep agriculture going in the community, we also feel
that it is very important that the Board of Health .....regulations. As Mr. Shepard
has indicated we do not. ,qant to encourage nuisances but I do think its Important
to keep agriculture going in the commonwealth. 1 am here representing Mr. Walter
Lewis, State Department of Health and Mr. Fred Winthrop, Commissioner of Agriculture.
Clemmey: Is there anyone else
Carl Nelson, 68 Spring Street: I am an abutter of Mrs Shepard and previous to
him applying for this he came to me and asked if I would object. I know that
__ ..1— .._.. ..,..i, -C4: � .kelf it hwe rn he raised somewhere..-
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I to)d Elwood that I would not object to raising pigs because I
Board of Health would have control. I recently visited a farm
I was amazed. This was quite clean. Mr. Shepard is planning t,
and this means that he is going to have brood sows. I would not
manner to him having pigs there next to my place providing that
Health A(i watches that f1i it is run according to regulations.
know that the
in Norton and
raise pigs
object in any
the Board of
Town Counsel: The Chairman has asked me to sort of review what has brought us to
where we are and I would be pappy to do that, we have a booklet in this Town it
is called the rules and regulations of the Board of Health it was adopted July 25 .
1956. There have been some amendments to it, however cone of them are relevant
to the issue this evening. Chapter 13 of the rules and regulations Indicate that
I will read section 1, this becomes relavent "Chapter 13pigs and piggeries permit
to keep pigs no person firm or corporation shall keep a piggery in the town of
Mansfield. So even if you have less than 4 you still have to dddi get a permit
from the Board of Health. As you might expect local boards of health do not
operate totally free they are regulated by the stategeneral, laws general law
chapter 111 section 31 says Boards of Health may make reasonable health regulation
ail regulations made by boards of health under this chapter shall ke published once
in a newspaper published in the town, said publication shall be notice to all
persons. This is unlike zoning by laws, general by laws where the town has to
vote them. This is one of the unique situations where it becomes law without
a vote of the town meeting.However, it is necessary that the regulation be
published in a newspaper published in the town, that is important to remember as
we get into the particulars. The Chairman has made available to me the minutes
of the Board of Healthin their most recent meetings. They are important only
because we focus tonight on what happened prior to this. On the 9th Mr. Shepard
came in with his counsel, there was a discussion but more importantly the vote of
the Board of Health with the Chairman absent, was that we delete paragraph 1, tha t
is the paragraph I read to you, of Chapter 13 of the Town of Mansfield rules and
regulations of the Board which were adopted July 25, 1956. So the Board voted
to delete it. In my opinion, I indicate Jed /J/ to you, until that is published
in the newspaper it is not effective, that is the action of this Board until it
is published in the newspaper has not happened. February 16 another meeting of
the Board of Health is held, several people show up on the 16th to voice their
objections, those minutes indicate that very good objects, both sides are well
represented. At the very end of it then a second vote is taken by the three
members then present and that is that we delete paragraph i of section I of U00
Chapter 13 of town of Mansfield rules and regulations of the Board of Health
which were adopted July 25, 1956. In effect the same vote was taken twice,
both of which to delete the first paragraph. This sort of opens the door to
more than four pigs in the town. Now to my knowledge neither one of these
votes has been published in a newspaper, so accordingly, IA would indicate
that that is not effective action yet, unles and until those votes have been
published. In my opinion this Board of Health is free to rescind the action
that they have taken twice or to order the publication of the action that has
been taken twice, then assuming that has happened another pooiison of the general
laws fits in, which says that now that you got rid of the regulation of the
Board of Health general laws chapter III section 143 provides that if you are
going to have anything that could be odious to a newighborhood, you have to come
into this Board of Health to get a permit. The supreme judicial coutt has
determined a pigger;: one of those items, So to put this in time frame,
in my opinion what has to happen is this Board of Health has to publish the
deletion of paragraph 1, then Shepard has to come in to say he wants a piggery
with more than four, he is now under 143 and that requires advertising so
think what's happened is the Board of Health advertising of this meeting jumped
the gun in the sense of their assuming that the recision of paragraph i^Chapter 13
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heaeii'hg is now saying assuming its published, we are now going to set up, whether
its ok or not, under section 143 for Mr. Shepard to have a piggery of x number of
pig's. In my opinion I would advise the Board of Health that they cannot take a
action on that tonight until paragraph I has effectively been modified by publication.
That is their votes have to be published, then Mr. Shepard or anyone else who
wants to come in and have a piggery may, then they still have to come for a
public hearing under iWO chapter 111 section 143. 1 am indicating to you that
the publication of the recision of paragraph has not been made therefore paragraph
one is still in effect, therefore any bearing under Chapter 111 section 143 is
premature. This hearing is premature because this Board of Health has yet to
publish It. I understand, and the Chairman cancorrect me, that the chairman has
been absent, but whether this board still feels the same way as the three who
made the votes on the 16th feels is up to them. They are all shorn to represent
the town in the best interest of the town. I certainly am not going to advise
them how to vote on that kind of an issue. They are here they can rescind the
action of the vote on the 9th and 16ht.. They can affirm the action of the 9th
and the 16th and direct that it be published in a paper with circulation within
the town. They then can after publication entertain a motion to modify the the
paragraph as it exists.But that is really a matter that is down the road. I
apologize In the sense that this hearing is premature. On the other hand there
is still a question whether this Board o8 Health will continue forward so the
purpose is to set this thing in context so everyone knows where we are at.
No one is prejudiced by this, its just a question of following the sequence.
Until the advertising has been made the recision of paragraph one is not
effective. After the advertisement is made, assuming its made then Mr. Shepard's
partifition will be appropriate before thb Board then the input will be appropriate.
Mr. Chairman I hope I haven't confused the issue I have tried to be as clear as I
could
Clemmey: We are going to listen to the opposition now and again state name and
address. We are looking for the input of the taxpayers of the townspeople of the
people directly involved.
John Gross, 140 Tremont Street: I believe the Board of Health voted last week
3 to one against the motion. The motion was voted down last week.
Clemmey: That is correct
Gross: I came as an opposed person, I think it would behoove the Board of Health
before you waste the towns money on legal advertising make sure you are advertising
a proper hearing. This hearing by this ad is not even legal. You can't have a
hearing to allow something that is not allowed.
Clemmey: It did do one thing it brought the people out brings the input to the
board
Ed Morrison, Willow Street: Chapter ill Section 31 says the health board may
make reasonable health regulations. it is a proven fact that piggeries devalue
property.
Grady; The supreme judicial court says that it is perfectly lawful for a town to
ban p�gggeries anywhere in their town. its constitutional its lawful, we can do
it if the Board of Health wants to do it. NO
Morrison a proven fact that it devalues property. Chapter III Section 143
noisome trades, there has to be a public hearing .
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Grady: The present state of these regulations are no piggeries. It has not been
published so that these laws are still in effect. So it would only happen when
these �ere changed that we get into the other provision of the law, 111, 143,
where then we have individual situations, but only if these are changed. Everyone
thinks these are like other by laws. In my opinion if 2/3 of this town felt
they did not want a piggery period they should do it by a zoning law, then has to
go to Town meeting for a 2/3 vote. This Board of health may with (but a public
hearing amend their regulations then it takes a public hearing to place something
that might be noisome or odious in a particuhar area.
Bette Roche, 68 Hall Street,: Are you going to have a meeting about amending
the law tonight.
Clemmey: No
Roche: All you are going to discuss tonight are Mr. Shepard's case
Clemmey" We are looking for general input.
Morrison: What is the distanee from the street to the barn?
Shepard:
Morrison:
Shepard:
it is all
it is goi
dorrison:
Shepard:
50'
Distance from barn to back line
I don't know off -sand. There is not going to be any slop or waste
going to be hauled away, it will be taken out and disposed of. 10
ig to be on my other property.
What type of grain '
dry grain there will be all dry feed.
Morrison: What are you going to do for flies vermine and rodent.
Morrison: Broad going to be enclosed
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Shepard comes in wrappers will be disposed of. going to raise breeder pigs for
slaughter.
Morrison: Talked to......... in Boston, Is this going to be your sole livlihood.
Shepard: I don't why I have to tell you what I am going to do for aliving. I don't
ask you how you make a profit on your golf course.
Morrison: You are the animal inppector. With a piggery would you feel a conflict.
Shepard: No more than when I had the dairy farm. If there is a complaint I
report them to Division of Livestock control.
Gail Turks, east street: As I understand it the Board of Health is going to
be the watchdog. How often are you going to insp�- -'. `X yiggery.
Clemmey: We have the Building Inspector for this Board he represents us and reports
to the Board. We would send Mr. Cook first then if urgent one of themembers would
go dorm.
Shepard: Mr. Clark can give you a little more information on inspettions.
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Arthur Morrison: Willow Street: The biggest abutter to Mr. Shepard. I didn't
makethese laws, if they were good 21 years ago and were needed they are more
needed today. There is more in those piggery laws than Chapter 13 section i
those laws only apply to three pigs - 150 feet from the road. How far does
it have to be for 200. There is only 272' between spring street and my line.
i:f his barn is 106' long and he is 150' from the street.......... our fairways
go right along in back of this piggery, that is 500 feet .. ..... a lot Moser
than Carl Nelson. I think these regulations should stay as they are, if they
are good for the town 20 years ago they are good for the town today. Its not
a reasonable change. I don't think some members of the board 044 knoew what the
word reasonable meant. It means moderate not excessive, it doesn't mean you can
wipe out the whole 13th chapter. to live in a well regulated town we ho,.-: to i }ale:
well regulated rules and laws. if we are going to disregard the town charter
with gravel laws and health laws, we might as well throw all the laws out the
window and be a wide open town. Every town that has pigs would give anything
to get them out of their town, they cannot do it. Get in touch with Wrentham.
Who is going to count the pigs?
Clemmey: I would like to bring something to the attention of the people here
this board of health meets every wednesday night, this is general input we
are getting here. We rewrote the septic regulations which took about 8 months
of the year. No one is ever offended or effected until the regulations effects
you people. We like to have input. We took a poll the last two months, two
people ishowed up for 60 days.
Ed Morrison: I have another petition here that brings the total to 331
signautes OW of people who are opposed. I found out these are no state laws
governing piggeriea except the cooking of garbage/ It has been A proven
fact in the towns where there are piggeries it has created about 8 probpems,
one is devaluation of property, air pollution, water pollution, land pollution
attract flies and vermine, attracts rats and other rodents also spread disease,
also constitutes a nuisance, list of town of reference. The Mansfield Town
report 1948, 1949, 136 pigs in town, 1950, 29, 1956, 12 pigs; 72, 65, 75, 26pigs.
all the years I did not mention had less than 10 pigs. Since 1956 there
has never been a piggery. If a piggery is allowed in town we will have to
allow other piggeries, we cannot fiscriminate either, there is a law against
that. There is no law saying, even in our local rggulations, that a person
cannot feed garbage to pigs., you need a permit yes. Another lieeased carrier
could bring it into the town. If he is going to use brewers grain and distillers
grain there is going to be a smell. There might be a change that he is going to
have to come back for more pigs, for a hardshmp reason. Thedrainage problem, he
has a brook which goes within about 30 feet of his barn. Any place you have
animals you cannot collect all the urine. As far as the manuee, the is no
way he can plow it in the winter. The barn and the street location I don't belive
there is 150' there. You have a public golf course right behing there, 01# with
all the flies and vermine, there is good possibility of desease spreading.
Gretchen Manchester, 92 Willow Street: Could Mr. Shepard tell me how far the
smell will travel.
\'. Shepard: There will not be any smell at all., This Board6of health is appointed
by the Board of Selectmen, the reason you; don't havo;a good public following is
we expect ghe Board to act in the beS;t± interest. of 66 town.
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Tomkins, 131 Dean Street: On the barn you are going to have windo.=%, thor„ are
not going to be any screens,
Whepard: We spray for the flies with state controlled spaay., this pretty well
takes care of them.
Tomkins: A lot of warn days I could smell the manure
Pelligrini, i Morse Court I have been living here 27 years and have always smelt
manure
Ed Morrison: Chapter 111, section 143 they classify piggeries as a noisome trade.
Why don't they classify dairy, poultry, shepp as a noisome 90 trade
Mangeratti: if modern techniques were around 0JJ when this law was passed I don't
think this would be included as a noisome trade
Mrs. Charles Morrison :My father -in -law has had the gold course and I feel it is
a good thing for the town. Mr. Shepard feels that this is part of his livlihood
but what about the golf course.
Mangeratti: I think that Mr. Grady has done a very accurate job in describing the
procedure, at this point it is our request that the board consider changingthe
regulation such that the board in its discretion such that if the board wanted to
@ME they could grant the permit. And then the next step would be for us to come
back and request the permit and at that time the board could set any conditions
it feels would be appropriate.tothe piggery. The other thing I would like to
mention to the board is that the zoning by -law as it applies to Shepard ,
classifies that land as agriculture, it has been agriculture for a long time and
he has had a farm there for a long time. Ithink that should be taken into accoount
as well.
Arthur Morrison: At one time thw whole spring street was zoned residential
I think Mr. Shepard had his rezoned agriculture. We have some of our land
zoned residence within 300 feet of the barn
Gross: 1 would like to ask you to check with the town of wrentham, norton, not
only the town officials but the residents of the areas, the abutters to Mederios.
See how they feel about having a piggery in their back yard, see if there is
any odor. I read where Mr. Shepard is now boarding pigs. There was quite a
"tado" about the piggery in Norton. You can check the Attleboro Sun, but I would
rather have you check with the abutters. Take some time before you even have any
hearings, but this time do your homework please,
7Nk/ The board has done its homework
Gross: Aiter the fact sir.
Clemmey: Not after the fact-, The first time the permit was on then I talked to
the counsel. The counsel cameoin front of the board. We have talked to the
Bristol County Agriculture School, Division of Animal Health in Boston, Walter
Lewis, Dr. Victor Labranch, head of agriculture department, The girls here have
gone on their own time gone to;wrentham, talked to people in.wrentham, they have
been to Seekonk, they have also been to one other town. We did do our homework
If there are no \t:her questions the board i.s going to take .it under advisement.
If there is one son that is the spokesman we W111,s•end our answer to. if there
are no further q %tions I call t`iL meeting closed:`
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Gross: A point of order, what are you taking under advisement?
Clertmey: The input Ghat was given here tonight.
Gross: Towards what goal?
Clemmey: changing the regulations. The regulations have to be published in the
paper before they beoome official, one week they have to published. So now the
Board is going to render a decision, if we render a decision in Mr. Shepard's
favor it will then be posted in the paper we will have a hearing. If it
doesn't we will notify you. If there is one person who would like to be
spokesman, who will notify the rest of the people. It seems that it leaks out.
i would like to have you people know as our decision just as early... so you
don't hear it over the radio or from the neighbors or something.
Arthur Morr -lson: Notify me
Clemmey: I would like to call the meeting closed now and thank a.11 the people
who came. We will take a five minute recess. 9:15
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