HomeMy WebLinkAbout0067 TIMBER LANE - Health 'T,'mberLanc bitz—mv
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�Q�pFTHE p TOWN OF BARNSTABLE
OFFICE OF
DASD9TeBL i BOARD OF HEALTH
MMS 0
Op i6 MAX0 AY 367 MAIN STREET�"'
HYANNIS, MASS.02601
March 16, 1994
Michael Cannistraro
67 Timber Lane
Marstons Mills, MA 02648
Dear Mr. Cannistraro:
You failed to appear at the Board of Health meeting
scheduled on Tuesday March 15, 1994 at 7: 10 p.m.
However, the Board of Health members did discuss the problem
of the smoke pollution at your neighbor's property which may
be caused by your wood stove. Under Chapter 111, Section
31C of Massachusetts General Laws, the Board of Health does
have the jurisdiction to regulate and control atmospheric
pollution including smoke emissions.
At this time, however, we request your cooperation in
reducing the smoke from your wood stove which may be causing
smoke pollution at your neighbor's property. This may be
accomplished by installing a catalytic converter, extending
the height of your chimney, retrofitting a recycling device,
or by some other means. You should talk to a professional
wood stove service-person or some other specialist to obtain
information as to how the smoke emissions could be reduced.
After obtaining the information from a specialist, please
contact Health Agent, Thomas McKean at 790-6265 to discuss
your findings of any updated information regarding this
matter.
Sincerely yours,
0.0��C_ )_��
oseph C. Snow, -M.D.
cting Chairman
Board of Health
Town of Barnstable
JCS/bcs
MICHAEL
o�Yw�ro�. The Town of Barnstable
Health Department
367 Main Street, Hyannis, MA 02601
riva
011 Y
Office 508-790-6265 'Momas A. McKean
FAX 508-775-3344 Director of Public Health
March 2, 1994
Michael A. Cannistraro
F.
67 Timber Lane
Marstons Mills, MA 02648
Dear Mr: Cannistraro
The Barnstable Health Department is in receipt of a 'report
dated February 28, 1994 from Fire Chief John Farrington of
the C-O-MM Fire Department which states "upon entering the
home of Mr. Wadleigh, I could smell an odor of wood smoke in
the home" .
Chief Farrington also stated via telephone on March 1, 1994
that he observed smoke from your wood stove and there was a
northwesterly wind which blew the smoke from your wood stove
toward the direction of Mr. Wadleigh's home.
You are advised that M.G.L. 111 Section 31C gives the Board
of Health the legal authority to regulate and control
atmospheric pollution including, but not limited to, the
emission of smoke.
I am requesting your cooperation in immediately eliminating
any smoke pollution at your neighbor's property which may be
caused by your wood stove. You may request a hearing before
the Board of Health. The Board of Health meetings are held
every first and third Tuesday evenings at 7:00 p.m. at the
Town Hall. Please contact the Office Assistant, Barbara
Sullivan, if you wish to request a hearing at 790-6265.
Thank you.
Since ely yours,
2�
Thomas A. McKean
Director of Public Health
Town of Barnstable
TM/bcs
cc Chief John Farrington
Robert Wadleigh
Cannistraro
The Town of Barnstable
Health Department
{ '�"19. i 367 Main Street, Hyannis, MA 02601
rya
t6�¢ `
Y
Office 508-790-6265 Thoina 'A McICeari
FAX 568-775-3344 Director of Public Health
March 1, 1994
Robert Wadleigh
64 Timber Lane
Marstons Mills, MA 02648
Dear Mr: Wadleigh: t
I am in receipt of a report dated February 28, 1994 from
Fire Chief John Farrington of the C-O-MM Fire Department
which states "upon entering (the) home of Mr. Wadleigh, I
could smell an odor of wood smoke in the home. "
I will write to your neighbors, Mr. Rynanowski and Mr.
Camnistraro advising them that the Health Department
received complaints of smoke from their wood stoves. As you
know however, at no time, did the C-O-MM Fire Department or
the Health Department ever observe smoke in your home.
Sincerely yours,
Thomas A. McKean
Director of Public Health
Town of Barnstable
TM/bcs
cc: Chief John Farrington
3 _
DEPT.
1 ,
FEB 28 '94 16:02 CENT.OST.F IRE DEPT. . 7 :...;�.: :W:.•,
FIRE DEPARTMENTIZLLS
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OFFICE OF THE FW DEP ENT
1875 ROUTE 28
C&,.rrmVILLE,MA• 02632
(508)740-238oVTAx# (308)790-238S
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FEB 28 '94 16:03 CENT.OST.FIRE DEP
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BRIEF NARATIVE REQUIRED ALL CALLS (PAGE Z OVER
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BLOB WADEEIGH
64 TIMBER LANE
MARSTONS MILLS, MA 02648
508-428-4045
March 7, 1994
41,
Thomas McKean ' 199 �.
Director of Public Health r y
Town of Barnstable Health Dept.
367 Main Street
Hyannis, MA. 02601 ° 6 `
Dear Mr. McKean:
Thank you for sending the letters to our neighbors
regarding the smoke from their wood stoves. One of the
letters was sent to the Rymanowski household - they moved
away several years ago, and the house was bought by Bill
Lee.
We appreciate your efforts in helping us achieve
"breathable air".
Thank you,
Rob Wadleigh
03
FIRE DEPT,
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CENTERYILLE-OSTERYILLE" MARSTONS MILLS F1Rf DEPARTMENT
INCIDENT REPORT
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TYPE OF CALL{ ALARM { � nr
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LOCATION{ ( 'TiAMPse�L-kQe WEATHER{ tz } WIND{ .St,J } AT{ l o
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LIST OF "ITEMS THAT NEED FOLLOW UP
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BRIEF NARATIVE REQUIRED ALL CALLS (PA6c 2)OVER
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CFIITEAViLLE-OSTEAVILLE-MAASTONS MILLS FIRE DEPARTMENT
u j y
1 ` ,« .- -.•- .�,: • .. r NARRATIVE REPORT ,{ r � .
i ALARM
DATE ` ^iPAG
rw
'w--RECEIVED "CALL FROM'OCCUPANT.`.OE ABOYE.,AD'DRESS-STATING>THAT. :THE-NEIGHBORS WOADSTQVE
SMOKE IS `ENTERING 'HI S---HOME AND OAUING PROB•L-EMS: " Cz�L-LER"STATED HE' HAD CONUERSATON
--.-WITH
THE.BOARD OF 'HEALTH- CONCERNING..THIS PROBLEM. ;HE, STATED-THAT THE BOH'3tEQIjIRED'=
VERIFICATION QF. THE PROBLEM.AT«THE-;TIME_.IT IS=..HAPPENINGti=::32.1..:DISP.ATCHED. ON`AN
k
INVESTIGATION. UPON DRIVING DOWN THE STREET , NO'.OBVIOUS :SMOKE.•-IN-THE ~AREA;AND
VERY ,LIGHT ODOR---OF -SMOKE ;THE, AIR .E.LASHbI6HT_9A-THES:pE:CTEDHIMNEy RV$ALEIJ
SMOKE AT -THE PRESENT TIME
MR WADLEIGH STA1°ES fiHE SMOKE•. s'.ji-E-A Y-AND--AND`-
CAUSING-HIS.-EYES
-TO :BURN.``` HE ALSO STATE.DvTHAT_-HE`AND-HI'S":WIFE -HAD BEEN UP NUMEROUS
TIMESINTHE NIGHT R
1'RYBLEM. `HE STATES THAT HIS FEAR IS HIS HOUSE
WOULD'BE =0N FIRE AND SHE"WOULD4j GO BACK TO�-.SLE�EP---THINKING"'T iE`PROBLENT-WAS"HTS`NEIGHBOR'HOUSE
r :'
WOOD STOVE `>OWNER QUESTIONED REGARD ING--NEED=:FOR MEDICAL:TREATMENT'FOR AILMENTS AND HEM
DECLINED .,
M:: OWNER ALSO QUESTIONED"'REGARD.ING .SMOKE�DETECTORACT��IATIO�T"�ND HE STATED THAT: ..
THERE WAS ...NONE: OWNER RE UESTED` ME TO--WALK�THROUCH HIS-HOME." UPON ENTERING NO
OBIVIOUS ODOR OF SMOKE WAS PRESENT AND AGAIN HE STATED THAT WAS VERY HEAVY AT THE PRESENT'
TIME. Mgs WAnT FTf N STAm�„' THAT HER' Fv_ [TrR BLTRNJ.N FROM TNF SMOKE n„
STATED THAT;
IT WAS WORSE ON THE SECOND FLOOR. WALK THROUGH OF THE SECOND FLOOR REVEALED NO OBIVIOUS.
ODOR-OF SMOKE AT THE PRESENT TIME. "MR WADLEIGH +:REQUESTING THE-FIRE DEPARTMENT MAKE -"•'-`='"
CONTACT WITH THE BOH REGARDING TONIGHT'SPROBLEM. MR WADLEIGH REQUESTED THAT I. ENTER IN
MY REPORT THAT I SMELLED A STRONG ODOR 01WOOn SMOKE I ADVTSFn uTrr
THAT UNLESS I SMELLED THE ODOR AT THE PRESENT TIME.. MR. WADLEIGH THENAT I STATEDULD THATOTHIS
PROBLEM WOULD PROBABLY GO UNCORRECTED. I ASSURED HIM THAT IF A PROBLEM WAS EVIDENT WE WOULD
DOCUMENT WHEN IT HAPPENED. MR. WAD Eli—IGH ADVISED TO CALL AGAIVIF THE PROBLEM WORSENED
AND I WOULD RETURN. MR. AND MRS .WADLEIGH THEN EXPLAINED ABOUT .NUMEROUS PROBLEMS WITH
THE NEIGHBOR IN QUESTION STATING THE POLICE ARE ALWAYS THER ND THE NEIGHBORS BOAT BURNED AND HE USED MR WADLEIGH'S EXTINGUISHER AND RUPL EFUSED TOR PAY
GF
THE RECHARGE, MR WADLEIGH STATED THAT HE WOULD CALL BACK IF PROBLEM AGAIN. OR
C'0'M
FROM:
DATE:
REPORT 6Y
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r DATE I6
. ti
Y CENTERYILLE-OSTERYILLE-MARSTON6 MILLS FIRE DEPARTP1ENT
m. �> >k I NCI DENT REPORT
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TYPE:OF CALL( } { } {
`hors ALARM DATE
LOCATION{ 1Tlr�n(3err_ ua, �Ctx
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ADDRESS{ ��� } ZONE OF CALL { } STILL 1 :2_ 3_
D ISPATCHER( ..�:M '. iyoJ�s_ .,..__ _ } h :ALARM 1=7 3_
TIME REC'D{ ` } ON AIR( ���� } ON LOC { Cc&" } IN SERYICE( g
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--- � =-----=------- --=- - =----- -- - -----
CALLS 11N.410R.INVOLYI46
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BUILDINGS ,TYPE OF OCCUPANCY{ ry } OWNER( _
ADDRESS{-...' _._ _ v� } TELE.-.NO.{._
TENANT{ r }-ADDRESS{ _ } TELE. NO.{
____.__EQUIPMENT--APPLIANCES
EQUIPMENT'DESCRIPTION{ -_ 0
LOCATION OF EQUIPMENT { YEAR{ } MAKE{
MODEL( } SERIAL={ :_
------------------------------------------------------------------------
MOTOR VEHICLES s
YEAR( } MAKE{ } MODEL{ r
COLOR{ } YIN.={
OWNER{ } ADDRESS{
REGISTRATION { } OPERATOR OF YEH.{
------------------------------------------------------------------------
AUTOMATIC ALARMS
ALARM CLASSIFICATION CODE{ } FORM 62 LEFT{
CALLED OR NOTIFIED BY{ } TELE.NO.{
-----------------------------------------------------------------------
BRUSH FIRES
CLASS{ } AREAJSIZE{ }COST{$ } STATE NOTIFIED{
VEHICLE. RESPONSE{
--------------------------- -------------------------------------------
OTHER A6ENCIES NOTIFIED
NAME{ } TELE.NO.{ ... } BY{
{ } TELE.NO.{ } BY{
{ } TELE.NO.{ __._ _ } BY{
------------------------------------------------- - ----------------------
LIST OF ITE 1S THAT NEED FOLLOW UP
BRIEF NARATIVE REQUIRED ALL CALLS (PA6E 2)OVER
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O tTERViLLE-0 R ALLE-MARSTONS MILLS FlRE DEPAATME3VT _
' NARRATIVE REPORT
4 ALARML4
DATE PAGE2
. .. .... t
RECE EIf REPEAT-CALLMMRS. >WADLEYG''H REGARDING EXGESSIVE-,SMOKE FROM"NEIGHBORS
"WOOD-STOVE.=° UPON ARRIVAL••DID.
FIND.z_:SMOKE.-FROM--CHIMNEY -Bt!T- IN.MY;=ESTIMATION r
WAS N0 'EXCESSIVE
IN WAS;;NOT .A_P.ROHLEM:..WIT$ THE WADLEIGH s. ome_.
r
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R LEI H HAT I OUT LD°DO
FURT M .CONTINUED:. NOTHING-AND``TO"'CBNTACT'`'THE'•-CHIEF- IF
HER� PROBLE
-----------------------
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REPORT By QQ
%`� DATE l
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CENTERYILLE-OSTERYILLE-MARSTONS'MILLS FIRE.DEPARTMENT
INCIDENT REPORT
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TYPE OF .CALL{ rNV�S`r< SMl�1L 'f;i c� rsr�vv,t ALARM ? { - '} DATE{''� 2-
LOCATION{ 4, `� `�r-,n%tc12 i } WEATHER{ c } WIND{��} AT{1S'
REPORTED BY{ rot, _,wabc,.QG } TELE.`N0
ADDRESS{ - bg -•--t-IMBEIL ZONE OF CALL STl LL- 1_ _-2_ 3_
DISPATCHER{ MAGr�NLS ____.... } - `ALARM l_ 2_ 3_
TIME REC'D{--rs—RAa ON AlR{ ON LOC.{ - --} 1N SERYICE{ _ - }
COMMENTS{ s "vnor .._. 2`eryi
CALLSAN/OR 1NVOLVIN6 BUILDINGS
BUILDINGS - TYPE OF OCCUPANCY{ - _____..._ _ :._ :.} OWNER{ -_ =
ADDRESS{ --_- } TELE.'NO.{
TENANT{ } ADDRESS{ } TELE. NO.{
---------------- ----------------------------------.-------------------------
-EaUIPMENT - APPLIANCES
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LOCATION OF. EQUIPMENT { YEAR{ } MAKE{
MODEL{ } SERIAL={
------------=-----------------------------------------------------------
MOTOR VEHICLES
F
YEAR{ } MAKE{ } MODEL{-
COLOR{ } YIN.={
OWNER{ } ADDRESS{ --�
REGISTRATION { } OPERATOR OF YEH.{
--------------- ----------------------------------------- ;^, i- -----
AUTOMATIC ALARMS
ALARM CLASSIFICATION CODE{ } FORM 62 LEFT{
CALLED OR NOTIFIED BY{ } TELE.NO.{
------------------------------------------------------------------------
BRUSH FIRES
CLASS{ } AREA/SIZE{ }COST{$ } STATE NOT1F1ED{
VEHICLE. RESPONSE{
------------------------------------------------------------------------
OTHER A6ENCIES NOTIFIED
NAME{ } TELE.NO:{ } BY{
{ } TELE.NO.{ } BY{
{ } TELE.NO.{ } BY{
LIST OF ITEMS THAT NEED FOLLOW UP
BRIEF NARATIVE REQUIRED ALL CALLS (PA6c 2)OVER
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111 § 31B PUBLIC HEALTH '. x AND TOWN BOARDS OF HEALTH 111 § 31C
Note 2 }
regulation of board of health prohibiting which this section authorized boards of 1,1 ed the department,may from time to time adopt reasonable rules and
collection and transportation of garbage ex- health to regulate. Id. - is .i.,_
ceps by city or its contractors that is became r¢gulations for the control of atmospheric pollution. Before the board of
tainted with same vice as board's regulation 3. Disposal regulations $ , authorit submits such rules and reg
and could not be enforced. City of Malden Rgulallon of board of health of town of7lCalth or other legal y regulations t0 the
v. MacCormac (1946) 64 N.E.2d 103, 318 Canton providing that no garbage shall be �,y y department for approval,such board or other legal authority shall hold a
�- Mass.729. disposed of within limits of town was inval- 5)" "public hearing thereon,of which notice shall be given by publication for
Co id. chis v. Board of Health of Canton
City boards of health no longer have au- (1955)127 N.E.2d 575.332 Mass.721. -:G " ,orie day in each of two successive weeks in a newspaper published in the
thority to prohibit absolutely by general �•, ` 4,tiown,the first publication to be at least fourteen days prior to the date
regulation, the transportation of garbage 4. Enforcement of regulations h
except by city or its contractors, butga Board of health had authority to institute ) of the hearing,or if no newspaper is published in such town,by posting a
board is not required to grant applications for town suit toenjoin defendants from copy of such notice in a public place therein. Said rules and regulations,
for permit to transport garbage over city keeping swine on certain premises in town �a; `"'.;when approved by the department,and after publication in a newspaper
streets,but only to exercise the power con. and from transporting offensive substances ,;� '�-tJ4' ". newspaper p
faired upon it and determine whether through streets of town without in each - t,published in the town, or, if no news a er is published in such town,
granting or refusal of an application will be instance obtaining permit required by regu- �xt•= after posting a copy in a public place, shall have the force Of law.
beneficial or detrimental to public health. lations of board; but suit should have been
City of Malden v. Flynn(1945)61 N.E.2d brought in name of town,and an amend- a ,t.' The department shall advise the board or other legal authority in all
meet could be allowed for that k$l _ matters of atmospheric pollution. The department may,upon request of
107,318 Mass.276. purpose,
The invalidity of regulation of a city even though point was not raised on appeal. " f the board of health or other legal authority of a town adversely affected
Board of Health of Woburn v.Sousa(1959) } , s'�
board of health prohibiting collection and 156 N.E.zd 52. . by atmospheric pollution arising in another town,after a hearing to all
transportation of garbage except by city,r City could not maintain bill in equity to `, e � '; pa J J g
its contractors did not give one whose appli- `"1" a roes interested, assume joint jurisdiction to regulate or control such
cation for a permit to transport garbage enforce regulation of city board of health t t} cause of atmospheric pollution and may exercise all powers of the local
had been denied the right to transport gar. prohibiting collection and transportation of r -bage through
of health or other legal authority under provisions of the General
city streets without a permit garbage except by city or its contractors,in ,
view of remedies available to cit on both rs Laws or any spe
in violation of statute. y
cial laws.
Id. 'r P�' '
criminal and civil sides of the court. City of s; Whoever violates any order,rule or regulation promulgated or adopted
This section,authorizing city boards of Malden v.MacCormac(1946)64 N.E.2d 103 3
j health to make regulations for control of 318 Mass.729. , x under the provisions of this section shall be punished, for the first
„i removal,transportation or disposal of gar- Transportation of garbage through city 1. 11 offence, by a fine of not less than fifty dollars nor more than one
jj. bage,etc.,when read in conjunction with streets without a permit constituted crimi- y"� ,� hundred dollars and for a subsequent offence,by a fine of not less than
i• §31A of this chapter prohibiting transpor naI offense for which a penalty was provid- ''f t
1f tation of garbage through city streets with, ed by this section which made no provision 1^�' `i' two hundred dollars nor more than five hundred dollars. For the
.j out a permit from board of health did not for enforcement in equity,and court had nod authorize a city board of health to make a jurisdiction to enjoin such transportation in purpose of this paragraph each day or part thereof of violation of such
! re ration absolutely an order, rule or regulation whether such violation be continuous or
S gu prohibiting removal absence of showing that it constituted a +3
and transportation of garbage except by nuisance or tended to harm public health. -��E{' intermittent, shall be construed as a separate and succeeding offence.
city or its contractors,since such a regula- City of Malden v. Flynn(1945)61 N.E.2d F'tion would abolish particular subject matter 107,318 Mass.276. Rules and regulations promulgated or adopted under the provisions of
. i '.
this section shall be enforced by said board of health or other legal
§ 31C. Atmospheric pollution; regulation and control; publics- authority either of which may delegate the power to enforce specific
tion; hearings; penalties; enforcement; jurisdiction; in. regulations to other agencies or deparents of the same city or town.
tm
junction The superior court shall have jurisdiction in equity to enforce such rules
A board of health, or other legal authority constituted for such and regulations and may restrain by injunction any violation thereof.
purpose by vote of the town or city council shall have jurisdiction to Added by St.1954,c.672,§ 4. Amended by St.1963,c.483; St.1970,c.841,§§ 1
to 3; St.1975,c.706,§ 170.J
regulate and control atmospheric pollution,including,but not limited to,
the emission of smoke,particulate matter,soot,cinders,ashes,toxic and Historical Note
radioactive substances,fumes,vapors,gases,industrial odors and dusts
as may arise within its bounds and which constitutes a nuisance, a St.1963,c.483,approved June 18, 1963, Section 2 of St 1970,c.841.in the first
danger to the public health, or impair the public comfort and conve- inserted the fourth paragraph. sentence of the fourth paragraph,retained
nience. - St.1970, c. 841, §1, approved Aug. 28, the fine for the first offence and provided a
Said board of health or other legal authority,subject to the approval of 1970,deleted"and shall enforce"following
fine for a subsequent offence.
g Y J AA "adopt"in the first sentence of the second Section 3 of SL1970, c. 841, added the
the department of environmental quality engineering, in this section paragraph. fifth paragraph.
124 125
I
t
j
i.
i
.s 4r
111 §31 PUBLIC HEALTH PUBLIC HEALTH
111 §31D
conditions which exist or reasons for exceeding such minimum requirements. Whoever, public works,in writing,an alternative route of travel for such motor vehicles whereby
himself or by his servant or agent,or as the servant or agent of any other person or any the noise or nuisance incident to such travel shall be minimized or abated and said
firm or corporation,violates any reasonable health regulation,made under authority of department shall consider such alterations or changes in the travel routes of such motor
this section,for which no penalty by way of fine or imprisonment,or both,is provided by vehicles as will result in the minimization of such noise or nuisance.
law,shall be punished by a fine of not more than five hundred dollars. Amended by St.1983,c.563; St.1986,c.158,§ 1.
Boards of health shall file with the department of environmental protection,attested
copies of sanitary codes, and all rules, regulations and standards which have been Historical and Statutory Notes
adopted, and any amendments and additions thereto, for the maintenance of a central 1983 Amendment St.1983,C.563,a General requirements for the subsurface
Dec. 12,,1983, added the PProved disposal of sanitary sewage,see 310 ChM
register pursuant to section eight of chapter twenty-one A. sentence of the first paragraph iso in the first 16.01 et seq.
Amended by SL1985,c.70; St.1990,c.177,§169; St.1990,c.438.
i 1986 Legislation
Historical and Statutory Notes min istrative Procedure Act[M.G.L.A.c.30A,§1 SL1986,c.158, 1,a 1 In Notes of Decisions
r 1985 Amendment St.1985, c. 70, approved et seq.],as responsibilities of commissioner were § PProved July 1,1986,in general
May 30,1985,in the first paragraph,in the third confined to the municipality. Arthur D.Uttie, i the paragraph governing transporting without a Town bylaw which allowed only persons under
Permit,substituted"five"for"two". Inc.v.Commissioner of Health and Hospitals of Pe^m' added the sentence relating to motor contract with town to collect rubbish from car.
Cambridge 1985)481 N.E.2d 441,395 Mass.535. vehicles owned by the commonwealth. tain residential buildings constituted ul exer,
1990 Legislation 8 ( cise of power to determine ne what was beneficial
St.1990,c. 177, 169,an emergency ac a ce I Code of Maaaaehusetts Regulations to public health of town. Umberto v.Town of
§ g a L. P' 2. Nature and of of wer i Franklin (1989) 543 N.E.2d 1157, 27
proved Aug.7, 1990,in the second paragraph, A local board of health has authority to make I Environmental code,title 5,
substituted "protection"for"quality engineer App,CL 791 Mesa.
ing". reasonable health regulations,but such regula-
t',l' St.1990,c.438,approved Dec.28,1990,in the tions must be consistent with state law. Town §31C. Atmospheric pollution. regulation and contro►; Publication; hearin
b. first paragraph, rewrote the second sentence, of Wendell v. Attorney General (1985) 476 ties; enforcement; jurisdiction, injunction p �' petial-,
which prior thereto read,"All regulations made. N.E.2d 585,394 Mass.518.
by boards of health under this chapter shall be [See main volume
published once in a newspaper published in the 11. Chemical warfare agents. for text subject
t the
town,and such publication shall be notice to all City commissioner of health and hospitals of environmental of health or other legal authority,subject i)the approval of the department;
sentences. and inserted the third and fourth could issue regulation prohibiting testing,stor, P Protection,in this section called the department,may from time r time
i age,transportation and d sponsor w thin sty of ado board pt reasonable rules and regulations for the control of atmospheric pollution. Before
J Cross References chemical warfare agents without holding prior ae t forea th or other legal authority submits such rules and regulations to Before
''v to thiEmployment
oy 'non see c of utsside§coonsultants pursuant hearing
ggtior making evidence-findings
of fact
aittlba Inc. n thereon, of which notice sshall be uch board oven by
legal authority shall hold a public hearing'
successive weeks in a newspaper published in the town on for one day in each t twos
g Commissioner of Health and Hospitals of Cem- fourteen days the first
kSNotes of bridge(1985) 481 N.E.2d 441, 395 Mass. 535. ys prior to the date of the hearing,or if no newspaperp �is published ication to be n leasta
suchu
Chemical warfare agentacollona - relations Posting
approved b Of s the ch notice ina public'-place therein.p said rules an&i
Y partmenC and after publication in a:news
published in the town,or,if no newspaper is published in such town,after papers
Aid 1. In general
m a public place,shall have the force of law. P°sting a copy
:! City commissioner of health and hospitals was (See main vol
not subject to procedural requirements of Ad• volume jor test of thirty to fifth par¢grinphs) •
Amended by SL1990,C.177,§170.
t. §31A. Permit for removal or transportation of garbage; application;exemptions A` Historical and Statutory Notes
i No person shall remove or transport garbage, offal or other offensive substances '* 19"Legislation w it limited
to effective date of parking freeze,-
F P Po B B r which limited number of commercial off-street
y through the streetsof any city or town without first obtaining a permit from the board of t'gt1890,g.177,§170,an emergenry a� parkingaspaces fg defined
v. fiity of Boaren�1g8,1m,, j health of such cityor town; provided,however,that no rules or regulations shall restrict Proved Aug.7,1990,n the second paragraph
i' the hours of the day when garbage,offal or other offensive-substances may be collected ..the,iMt sentence,substituted"protection"for N.E.2d 1258,389 Mass 79
n areas zoned for business,commercial or industrial use. An application for such permit 9uelity engineering'.
q.., PP Pe City air pollution control commission was au-
. shall be n such form and contain such information,,on oath,as such board shall require :dip.. thorized to impose by re
All such permits shall expire at the end of the calendar year n which the are issued,but of motion lint on number
Pe xP Y Y Notes of Decisions permitted off-sheet commercial parking areas.
t i may be renewed annually on application as herein provided. No permit shall be transfer- ,1: In general '"designated Portions of city pursuant to this
! red except with the a roval.of the said board. section which was directed toward land use coo-
" Notwithstanding the foregoing provisions, any person may, without such a permit:° u paFh�culartldon during terms ofbra rights
aolrc�etof I"oh es not limited w stationary )
bot its ri h pollution,since restriction on number aj
transport garbage,offal or other offensive:substances through the streets of a city or ;ptd.than parki gaol oh thrm�tion of its lease of off-street parking spaces is reasonable means t,
j town in which said substances were not collected; provided,that he registers with the, r00414 right to number of rator did not have abso- of regulating and controlling atmospheric Ilu-
board of health of such city or town; and, provided further, that he-transports said' ayiy', parking spaces operated tion. Id. Po
substances in accordance with such reasonable rules and regulations as may be estab:• S.tP81D, priv
lished by such board of health. Motor vehicles owned by the commonwealth or any of it&: 'k Y cessPooi and septic tanks, disposal Poeal of contents; investi
political subdivisions and motor vehicles engaged under contract with the commonwealth: gallon of
in the transportation of garbage or refuse shall be exempt from the provisions of this i ,towns and sewerage districts may,subject to the approval of the department of
section; provided, however, that a city or 3own may recommend to the department ofl t l �amental protection,provide facilities
33 privy,for the receipt and disposal of cesspool
ypF TH E T��y
TOWN OF BARNSTABLE
Z BABH9TSBL I
Mom.. Board of Health
i639
ON k`
FROM THE OFFICE OF
TO: Joseph Snow, M.D.
FROM: Thomas McKean '�
RE: Michael Cannistraro/67 Timber Lane, MM
DATE: March 28, 1994
Mr. Cannistraro called the Health Department today
and said he was in contact with John Webb, (Iron House)
who is working out a solution to the problem of smoke
in the neighborhood while using his wood stove.
GGI griam Gt�
i
p��THEra`
The Town of Barnstable
Health Department
"M"An 367 Main Street, Hyannis, MA 02601
Office 508-790-6265 Thomas A. McKean
FAX 508-775-3344 Director of Public Health
February 12, 1992
TO: Warren Rutherford
Town Manger
FROM: Thomas McKea
Director of Public Health
RE: Smoke From Wood Stove At Timber Lane
I am forwarding to you, for your information, a report I
received this morning from Centerville-Osterville-Marstons
Mills Fire Chief John Farrington regarding a smoke complaint
at 64-67 Timber Lane received by his Department last night
through the Sheriff's Office. According to his report, "no
smoke was visible and only a light odor could be detected" .
On January 23, 1992, you sent Joseph DaLuz and me a
memorandum concerning the wood stove complaint received by
Councillor Panitz from Ms. Woods and Mr. Wadeleigh, and you
directed Joseph Daluz and me to let you know of our findings
in this regard.
On January 30, 1992 I sent you a memorandum which stated
Health Inspector Jerome Dunning went to the Timber Lane site
three ( 3) times and did not observe smoke flowing into the
complainants dwellings.
Please let me know if the Health Department can be of any
further service in this regard.
Centerville-Osterville-Marstons Mills Fire Department
Incident Report
� ' N
Alarm # [ FA 6r0?/ l
. a /
.a•� Type of Call [ Smoke '`AJ(it�1 t 491r)rG►-.J J Date
'Location [_6 t'( . J M 6C j Time Reed [ ]
m � [ ,
a,tj
• . [ � � J .On Atr (_ 2s7 3
a ed" 06n ,4
..ReptittBq: tole. ]]``'Address• •'
• ��:... . �.;:• . . , . ].j,In Service [•71 ']
.station'Response Still 1 2 s" eather ��2'
e,N.... . . . 1.:a```_ , '-"_' , _�.•- . ..... ..;,.•- _..W [ J
Alas 2 3 ----� Wind at [..�
Dispatcher [�.. or � �� Zone',of Gall
Coipmente [ .. �.... .
0 0 [ )
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..'. ,� Euildings *-.,Type of Occupancy [ J
H owner j Address•[ ] .. Nit[ ._J
• "4, Tenant Address •[ [ .)
"M
• WIN zzb=amza!!l=mum=!!lMKtbzz=aApptm=!lpmKXCm=blaawavNwaaapPCmta=lmCzzm=l�CRtYt*zaam�Cat==zp=lP
• Equipment, Description [ ]
a•+ N
qLocation of Equipment [ ]
Year ( ] Make [ ]
1 6a Model [ Serial No. (- ]
=am=a"*ftmw=zm alm==aa a!R*===a a C*==ammx==cz=z=aak======l am*====last#*===ca==a=====a7.•Z.'Y:Y.UaU*.UT_
N Year f ] Make-
Model [, ]
0 u Color [ ] Via. (
Owner [ Address ( ]
P .
a!=aamxx=z=aaamz==a!a 0WUm=mm V a zzaatRipza=a==afRf{it!{za===a!*a==z=aaPOA.Osz=aaa=alp�lcaalPbaz*bcAflaaa=
Clash [ ] Area/Size [ ] cost [• J
Vehicle Response ( J State:, Notified04
( J
�r====a=oaaaaeemalRtm=e=lalNlffiCa=aapa aaalaalatytiGaa=!!aa*mez=maaasMP�aaa=!!a=aa*pm=aaaapmmp=CCCIF+ri 7p
. :.Alarm Cleo Af e'ation/Cede ( ' ] Form 62`•Left [. ]
-Called*or Notified By ( _� ! --rele.
• PRA7MIk�Y====IWt{IpaoalsaaP�Ip!=aaaaPyaaaaalal4p==a=PPMlm=m=alit11117Camaaammy�=JY�II==aaPOp==*aa=l=c===
Brief narative required all calls (Page 2) over
C-0-M Form 19
Page 2
; � Alarm #
tr
Date // ]
E off' c�lr ov c!0 a/ e,r
l
[ `4.c am G �•V
,.. , ,[ �' -'- ,�.%.• aT -fir.. ; . .;• �,:.:� `. I
;
40
Report By � / .acc�� ] Date' [ , - i ]
List Items
/ that, need follow-4'
[ ��+Cy cam h',��tl�� �' .� / 4'�r9 / ~ ,•' / " �� '...-.. .. ,.]
. Other agencies teotif led
Name Tole. No. [ I BY [ `�
Chief :[ ] Date t_o ;�� !l�•I ' . I