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HomeMy WebLinkAbout0067 TIMBER LANE - Health 'T,'mberLanc bitz—mv CI1(Q rS-r�rl- 0 �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 ..���,.,. . • 14 I.Ma a�1/��YI��ma—C)STER V LE-M STO S F DIS y_ CT OFFICE OF THE FW DEP ENT 1875 ROUTE 28 C&,.rrmVILLE,MA• 02632 (508)740-238oVTAx# (308)790-238S FAX COMMUNICATION MESSAGE DATE: l OpqrL /) dF TO: ATN: 44e o FROM: ARE S��TD iPIG,.:: PAGES, INCLUDING THIS COVER T CALL (508)794.2380 IE XOU DO NOT UCEIVE THE TOTAL NUl AL OF PLE+AS� mcummqTs dential information belonging W the Norior:This fax mission may contain co use of the individual or entity Confidentiality vile�ed and which is intended only for sender vwhi,%is legally pri o dLtaution or dissemination of this inforn%tic or the t d thi Of named above.Any copyn►g,�osare, ration is strictly probibite L If you have received an action based on the content of this coumf how }return the anginal won tO y notify us inunediatelY by te.eg be by us.Thant`you— by �e�or,glesse �I as by=e or deiive y a our address above,the cost of which shall I� FEB 28 '94 16:03 CENT.OST.FIRE DEP o GENT>+RY1Ll.l:-05TEAYtL.LE-MAR5TON5 MjtLS F1R'E.DVARiTIENT . _ INC1D1zNT REPORT JDATIC� r Y":Z 2!9 LL A z- THLARM {- WI D(IL3 } AT{1.5= TYPE OF +. J� } W F�► ER{ } , r LOCATION{—_ tz�a, u:Q�+ l rs } TELE. NO {_.. REPORTED BYE CALL }'STILL- 1—"Z- 3— ZONE-. } ZONE OF CA {: , - M OrG' AaLS .__.-.} IN SERAY C>={ Z_3 } atsPATCN { { ON AIR ..�--} ON LOC TIME RECD{7 :.�- CaMMENT51 . ____- __:.-------------. ---------- -------------------------------------- :.... CALLS.1ti/OR Il1VOLVIN6 BUILDINGS _- :: .... .:. .. =' " � .. .. - • .... _..... } OWNER{ SUiLDINGS TYPE OF OC.CiJPANCY{ } TELE. N0.{ ADORE... } ADDRESS; }TELE. NO.(-- -- -- TENANT{ -_--- ----�-___ __�_--------- -------=------ ..-..-�------------_----------- ECLlIPI"aT - APPLIANCES 0 EQUIP LOCATION Of EQUIPMENT{ YFAR{.._ ...—} MAKE{ MODEL{ -------------------------------- ------------ MOTOR L-{ ----- ------------------------ VEHICLES -YEAR{ } MAKE{ } MODEL(--J. COLOR{ } YIN. { } ADDRESS{ OWNER{ } OPERATOR OF YEH.( R€61STRATION { ----------------------------�---------=_----- - --- ----------- ------. - AUTOMATIC ALARMS ALARM CLASSIFICATION CODE{.. } FORM 62 LEFT{} TELE.N0.{ ------- CALLED OR NOTIFIED BY{ --__-____----.----------- - ----------------- --------------� FIRES AREAJ5iZE{ }COST{5 STATE NOTIFIED{-- YE {E Rt:5PON5E{ - -- ---�__ _ --�__---------�-----•�__--_------------ _-- _----..-------- _ OTHF.R A6ENCIES NOTIFIED NAME( } TELE.NO.{ } BY{ , } TELE.NO.{ _ -------- - - ___- __--------LIST Of ITEMS THAT NEED FOLLOW UP BRIEF NARATIVE REQUIRED ALL CALLS (PAGE Z OVER C-C-mr. FORt1 19-1 8av 4 N ONLY �J6 cA-i\) 0 ) 07 Dov� O`A �7 e 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, r ....... " : — ......: :::....�:vuM. ... ... .� .. ..-. ..�....r.�..... CN8 MILLS FIRE DEPARTMENT'. ��� � .. . .. .•ems. � �_ .... r . .• NAA TIVE�'R w , .p 77 �': '�/►� /�IS rJIM.0 �r�as Il`•.NG �a'f/r � "r y1►7l�'. ..•. - _ i r, a . . . . . .;., • ,._... '.., '"� its` Xg� /•w.lw'...Tut✓9+t�- ......,�✓�•J/r •:�: .:•� ... if ow Lv (/P SGGNdc r` �riyiM' AYe P •sv ?'ocY ad,u// eeui� /h�SS / � G/�rr•,� .....C7o�7.edG 'D��J�ir.T - t r RE?ORT BY DATE A - ynh,jn ��• Centerville-Osterville-Marstons Mills Fire Department Incident Report -1 �• a, Type of,Call -, -' .. _• jAlarm TT.. ) - _ ] Date $4� Location _ [- j Time-Rec!d 2sZ) a 'On Air [ �, 2S" j c,,o Reported'By [ � •.��% Address [ b vStation 'Response Still 1 ✓ ], ' [ ] dy 2 Wea _ Alarm 1:: ther, •� N �:_---." ... 3 Wind Dispatcher [ ORW y� 4. . .to _ )' Zone*-of Call Coipments .,• • txQQQxxxxxxxxxxxxQLxxxxxxxxxxxxxxxxxQxxxxxxxxxxxxxxxxxxxxxxxxxQxxxxLxxxxxxxxxxxxxxxxssxxxxx 4 __: Buildings -"Type of Occupancy ( ; q to N ] H M a Owner [ H b ] Address.[ .� ° •0 M Tenant [ V'q ] Address ( �Tele. Nof C:xxxxxxxxxxxxxxxx=xxxxxxxxxx xxxxxxxxxxxxx x==xxxx==xxxx xxxQxxxx xxxxLxxQx xxxxx=xx xx xxxxxx=xx i Equipment, Description [ ' a, U Location of Equipment aR• Year [ Y ) Model Make [ �� w tea• ( ) Serial No. [ ) N Year [ w O r+ Color [ ] Make [ ] Model [ 'U' ] Vin. [ Owner ) [ Address [ ' .. xx-x--xxx---SSSx-SSx---S�-S--xxx=-xx_.xS-Sxxx Sxxxxx xi�S-Sx_.-���x- Class [ ] Area/Size [ Vehicle Response [ ] Cost [ ] ] State• Notified [ J xxxxxxx--xx-xxxxGSx-x SSxxxS-Sxxx-xxxxx'LSSSSQQSx--xxxx-Sx'LS==Qx=�SxSSxxxxxxxxCxxQLSS-SSS-S- V Alarm Classification/Code [ eo . . .... .... ] Form 62• Left { Called•or Notified By [ •• _ .'_. :_ CQxxxxxsQSxxxxxxxxxSQSxxSCxQCxx'Z'.xxsxssxsssxxssxxxsxxssxaxsxxxxxxxxasxssssxsxmsxxssSsxxsxxs Brief narative required all calls (Page 2) over C-O-MM Form 19 Page 2 Alarm # [ �/ Date t ay.3-C _ +fir, /g- el u - cSf�O v f� • � ors also J � --- [ r - t - ] Report .By. sk/ ori/c� ) Date" t_.Z-// 'C List item-s/ that /need follow-up . Other agencies notified • Name [ d C �� Tele. No. By [ ] Chief [ ] Date z Page 2 { v _ Alarm # / Date [ �Orj c�i irTC Li.e Cy' iLi -c f0*- _v" Ae_oe t4.04 - . . : ca 1*7 --// p ti . ] ,r-}• ] � �•• cry " ] l'� el 4c Report BY 7 ,¢cc/ - ) Date List items that need follow-up [ .4 n c�of Li•��t l"� - -2 ��! lone, �1��, I K fe f} ] . Other agencies notified Name Tele. No. [ B ----------------- Chief [ ) Date [ J lx ] CENTERYILLE-OSTERYILLE" MARSTONS MILLS F1Rf DEPARTMENT INCIDENT REPORT izu }.ate TYPE OF CALL{ ALARM { � nr _%a t -} DATE{" LOCATION{ ( 'TiAMPse�L-kQe WEATHER{ tz } WIND{ .St,J } AT{ l o i REPORTED BY{ - } TELE `N0 14 - ADDRESS{ ZONE OF CALL { 3_Z_} STILL 1 2_ 3_ DISPATCHER{ .. .,_-Mr�kGt Div 5 _ . } _._ :.ALARM .1 2_ 3_ TIME REC'D{25,51 ON AIR ON LOC { Q2 r } IN SERVICE{ 1i iy3T�c - N�If>lJ . COMMENTS{ CALLS INIOR INVOLVING BUILDIN6S BUILDINGS ---TYPE OF OCCUPANCY F(TrnFNTTA'T - } OWNER{ Ro�-wAnLElcx -.T ADDRESS{'64 TIMBER LANE MARSTONS MILLSI'10.{508-428-4045 ' TENANT{ N/ r- } ADDRESS{ ::: .: : __. -} :TELE.-NO.{ ., _. .. EQUIPMENT - APPLIANCES _ EQUIPMENT DESCRIPTION{ N/A _ - LOCATION OF EQUIPMENT { YEAR{ } MAKE{ MODEL{ } SERIAL={ MOTOR VEHICLES YEAR{ N/A } MAKE{ } MODEL{ COLOR{ } YIN.={ OWNER{ } ADDRESS{ REGISTRATION { } OPERATOR OF YEHJ --------------- -------7------------------------------------------------- AUTOMATIC ALARMS ALARM CLASSIFICATION CODE{ N/A } FORM 62 LEFT{ CALLED OR NOTIFIED BY{ } TELE.NO.{ BRUSH FIRES CLA55{ N/A } AREA/SIZE{ }COST{$ } STATE NOTIFIED{ VEHICLE. RESPONSE{ -------------------------------------- --- ----------------------------- OTHER A6ENCIES NOTIFIED NAME{ N/A } TELE.NO.{ x{.,... .. , -------------------------------------------------- LIST OF "ITEMS THAT NEED FOLLOW UP N/A BRIEF NARATIVE REQUIRED ALL CALLS (PA6c 2)OVER v a..,:,.. ,.. f.�e•5 AC' . 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 r p r DATE I6 . ti Y CENTERYILLE-OSTERYILLE-MARSTON6 MILLS FIRE DEPARTP1ENT m. �> >k I NCI DENT REPORT 47. of ' .a,f...y�,l.. .: . _.. ;:' 3 s � mom+ `4{{�r - ,4 �i. :y,,.•-. TYPE:OF CALL( } { } { `hors ALARM DATE LOCATION{ 1Tlr�n(3err_ ua, �Ctx '}WEATHER[ } W�,ND{ } { ;} TELENREPORTED BY{ Rom u�a� 7�ti O { 28 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 . c:OM M ENT6{ _ --- � =-----=------- --=- - =----- -- - ----- CALLS 11N.410R.INVOLYI46 i 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 '•tn_+�-"">,v rsr rr-a" ` t've'0"F �c t+ �+a.aw ,n-. z-t. '�n ,�„tsr1 J ,.o...g -----�-�---- 'ate"Wz _. 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 . - R LEI H HAT I OUT LD°DO FURT M .CONTINUED:. NOTHING-AND``TO"'CBNTACT'`'THE'•-CHIEF- IF HER� PROBLE ----------------------- ------------------- REPORT By QQ %`� DATE l x y CENTERYILLE-OSTERYILLE-MARSTONS'MILLS FIRE.DEPARTMENT INCIDENT REPORT � . w ; r r r ,1 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 EQUIPMENT DESCRIPTION{ 0 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 C r+--imiM rORll 19-A �. -aSTEAVI GC vi -MAAST ONS MILLS FIRE DEPq - ATMENT . ALAAM # =' 0 3 a NARRATIVE REPORT . K: _ - DATE{ y AGE 2co ol d/ems., 00 Wei ._ s cpp S1`ovt 6 r�. .07 Door .. �7�11ri s r/♦hip - = _ - ....w ....iqN oar✓ w`� - /F. v air.{. a'Pi vTO�s J �✓�P µe TigG 7` 1 i u/f/ N i .9* Bo�Git� enc t nJ �s' �S el oo T REPORT a DATE t!� r 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 [ ) .. . ta===!lt1i0m1�ifsbtas�RPP�itC�zytm�PAs7ilt�dnPAtlNpfl�tsoc P�RXCttCPiIRaKCIcaa Pik ta�Papptiba�ollRKXX�oIPto�a ..'. ,� 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