1970-09-14City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: September 14, 1970
Place: Health Department Oillee
Board members present: A. Joseph Callahan, Jr., and Angelo R. Massa
Board members absent: Dr. Jacob H. Fine, chair
Others present: Thomas H. Scanlan, Director of Public Health, Richard Montoni, Code Enforcement
Officer, Leo Panunzio, Milk and Food Inspector, Robert Russo, Plumbing Inspector, and Joseph W.
Walsh, Jr., Sanitarian
Recorder: Joseph W. Walsh, Jr.
BOARD OF HEALTH - MONTHLY MEETING - SEPTEMBER 14, 1970
Meeting called to order at 6:05 p.m. Members present were A. J. Callahan, Jr. and Angelo R. Massa.
Dr. Fine was unable to attend due to the dedication of the new building at Beverly Hospital. Also
attending were Thomas Scanlan, Joseph W. Walsh, Jr. , Robert Russo, Leo Panunzio, Richard
Montoni, and Alfred Semple.
The reading of the minutes of the August 3, 1970 meeting was suspended. The monthly reports of
the various staff members were read.
OLD BUSINESS
Code Enforcement
Mr. Montoni reported to the Board that Kanter Realty Trust has not made any progress, as required
by the Board of Health, in repairing the many structures owned by this realty trust which are in
violation of Article II of the Massachusetts Sanitary Code.
Mr. Montoni stated that several of these structures have been in violation for more than a year, he
also submitted the following incomplete list of buildings that are vacant and in dilapidated condition:
3 Charles Street; 7 Stone Street; 27 ½ Vestry Street, 14 Ropes Street.
He also reported that 23 Simon Street, Beverly, Massachusetts owned by Ronald Davis and Ronald
Summit is in such a poor state of structural decay that it should be placarded by the Board of Health
and court action should be taken if the owner does not repair the many violations of Article II of the
Sanitary Code. The Board approved Mr. Montoni's quest to placard this structure located at 23
Simon Street, Beverly.
Mr. Montoni made the following recommendation to the Board of Health. He will compile a list of
all the outstanding cases and working with the City Solicitor take these cases to Superior Court rather
than the District Court and file a Bill of Equity with the Superior Court. By going to Superior Court
rather than the District Court, the total responsibility for renovating or removing these blighted
properties rests solely with the property owner and not the city.
The Board asked Mr. Montoni to compile a complete list of all the vacant structures in the City and
present this list to the Board members at a special meeting to be held Thursday evening, September
17, 1970 at 6:00 p.m. in the Board of Health office.
Mr. Montoni reported that the plumbing in one apartment located at 5 Blaine Avenue, Beverly,
Massachusetts and owned by Mr. Daily and Mr. Abdo was not vented. Mr. Montoni reported that
the apartment was vacant and he requested the Board's permission to placard this dwelling unit. Mr.
Russo to work with Mr. Montoni and the owner to correct this situation.
The Board ordered Mr. Montoni to placard this dwelling unit until the violations are corrected.
14 Central Street
Mr. Montoni reported that he had met with the City Solicitor regarding the proper steps to be taken
by him in obtaining a criminal complaint in Salem District Court. Mr. Montoni reported that the date
of his court appearance will be September 29, 1970. He will report further progress at the October
Board of Health meeting.
Tine Testing
Mr. Walsh reported that he had contacted the Hingham, Brockton, and Winchester Boards of Health
regarding their T.B. Testing Program of food handlers. He also contacted the Essex County Health
Association who advised him that tine testing of food service personnel is a waste time due to the
high rate of positive tests and that they have to be followed-up by having an x-ray, so the tine testing
program should be eliminated in favor of a chest x-ray. Hingham and Winchester have a private x-ray
unit for their program.
The Board asked if the State Department of Public Health would provide an x-ray unit. Mr. Scanlan
thought that they would, but when they would be available is another question. The Board instructed
Mr. Walsh to contact the State Department of Public Health and the private companies as to the cost,
when they could be available, and if we have to quarantine a minimum number of persons who would
take advantage of this service.
Mr. Walsh to report his findings at the next Board of Health meeting.
Public Hearing
Mr. Russo reported that the Public Hearing regarding irrigation systems, building sewers, and water
services is not until October 6, 1970, therefore, he has nothing to report to the Board at this time.
Nelson Avenue
Mr. Russo appraised the Board of Health of a letter that had been sent to Mr. Stephen Vitale turning
down his request of the use of septic systems for disposal of household wastes in the proposed
sub-division located behind Nelson Avenue, North Beverly.
NEW BUSINESS
40 Stone Street
Mr. Russo reported to the Board that Mr. David Crosby, owner ofen apartment house located at 40
Stone Street, Beverly, Massachusetts, has been ordered to correct the violation of waste water from
his washing machine located in a service room in this apartment house from draining over the adjacent
ground.
YMCA Pool
Mr. Walsh reported to the Board that the Beverly YMCA has requested they be excused from
providing a ring buoy safety device at their indoor pool. Mr. Walsh reported that they had complied
with all of the other requirements of Article VI of the Massachusetts Sanitary Code. The Board to
check a YMCA's study regarding the use of ring buoys before making a final decision, the Board of
Health will not act on this request until the next monthly meeting.
Vitale Pit
Mr. Walsh read a letter to the Board of Health from the Gary, Nelson, Dodge Street Association
regarding the use of the Vitale Pit in rear of the above mentioned streets as a dumping post.
The Board instructed Mr. Walsh to investigate this complaint and report his findings at the next
Board of Health meeting.
53 - 63 Sonning Road
Mr. Walsh read a letter which was sent to Mayor Grimes and a copy to Board of Health from the
residents of 53 - 63 Sonning Road regarding pollution of a stream located in the rear of the
above-mentioned properties.
Mr. Russo reported that the car wash in the Beverly Plaza is draining its waste water into this stream.
He also reported that he confirmed this by dye testing the discharge from this car wash. Mr. Russo
stated that he and the City Engineer are working on this problem and it will be corrected very shortly.
The Board voted to order the car wash to correct this situation to the Board's satisfaction within 10
days or they will have to cease operation. Mr. Walsh instructed by the Board to inform the owners
of the car wash in writing and hand deliver the notice.
Mr. Mushroom
At the request of Mr. Panunzio, Milk and Food Inspector, Mr. William Metzner, owner of Mr.
Mushroom located at 294 Elliott Street appeared before the board to explain how he could comply
with Article 10 of the Massachusetts Sanitary Code.
Mr. Metzner explained that he intended to install a new exhaust fan and put in a sandwich and salad
bar. He also stated that if the toilet facilities in the cellar were unsatisfactory he would be able to use
facilities located in an adjoining apartment. Mr. Russo stated that it was against the law to use
apartment facilities and that the facilities located in the cellar did not have a sink for the employees
to wash their hands
After considerable discussion, the Board of Health gave Mr. Metzner d/b/a Mr. Mushroom of 294
Elliott Street, ten (10) days to see if he can comply with these regulations. He was told to meet with
the Building Inspector regarding two exits which this establishment lacks.
Cows
Mr. & Mrs. William Iler of 17 Lakeshore Avenue, Beverly, and their attorney, Mr. Henry Glovsky,
appeared before the Board of Health to request a permit to keep up to 10 beef cows in the rear of his
property located at 17 Lakeshore Avenue, Beverly.
Mr. Walsh informed the Board that the abutters and neighbors who live directly across the street from
the Iler property had been informed in writing of the Iler's request and were requested to inform the
Board in writing of their feelings before September 11, 1970.
The Board read a petition from some of the residents of the area who wished to be recorded as
against the issuance of this permit. Also, two other letters in opposition to issuance of this permit
were read.
The Board then read three (3) letters from residents of the area who wished to be to be recorded as
in favor of the issuance of this permit.
Mr. Walsh provided property maps with the location of the people who were either for or against the
issuance of this petition indicated on these maps and their location to the Iler property.
Mr. Iler explained that these beef cows were pets for his children not a commercial venture. He also
stated that the cattle will only be stabled in Beverly for six or seven months a year and the rest of the
time they are stabled in Milton, Massachusetts. Mr. Iler considers this a hobby for himself in addition
to these cows being pets for his children.
Mr. Glovsky stated that "both legal abutters were in favor of granting of this permit".
The Board instructed Mr. Walsh to personally visit the people who live on Lakeshore Avenue who
signed the petition against the permit find out why they are against the keeping of cows by the Iler
family.
After considerable discussion the Board decided to inspect the Iler property Thursday afternoon,
September 17, 1970 at 5:00 p.m. and evaluate Mr. Walsh's report before making a final decision
regarding issuance of this permit.
Drinking Fountains
Mr. Walsh reported that Romeo Beaulieu, Commissioner of Public Works, acknowledged receipt of
our letter regarding the open bubbler heads at our local beaches and playgrounds. Mr. Beaulieu had
these bubbler heads removed and will replace them with fountain heads of proper design next season.
Dane Street and Rice's Beach
Mr. Walsh reported that he has contacted the State Department of Public Health for assistance from
one of the district engineers for the purpose of doing a Sanitary Survey of the two streams that flow
into Dane and Rice's beaches.
During the past month due to high bacteria counts both of these beaches were placarded with a
warning of "possible pollution - bathe at own risk" by this department,
Further tests revealed high bacteria counts in both streams while the tests at both beaches in question
revealed the bacteria count had dropped well below the standards set by the State Department of
Public Health.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
FOR: Thomas H. Scanlan
Director of Public Health
BY: Joseph W. Walsh, Jr.
Sanitarian