1970-12-07City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: December 7, 1970
Place: Health Department Office
Board members present: Dr. Jacob H. Fine, chair, A. Joseph Callahan, Jr., and Angelo R. Massa
Board members absent:
Others present: Thomas H. Scanlan, Director of Public Health, Thomas Bussone II, Assistant City
Solicitor, 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,
BOARD OF HEALTH - MONTHLY MEETING - DECEMBER 7. 1970
Meeting called to order at 6:00 p.m. Members present were Doctor Jacob H. Fine, Chairman, A. J.
Callahan, Jr., and Angelo Massa. Also attending were Joseph W. Walsh, Jr., Sanitarian, Leo
Panunzio, Milk and Food Inspector, Robert Russo, Plumbing Inspector, Richard Montoni and Alfred
Semple, Code Enforcement Inspectors; and Thomas Bussone, II, Assistant City Solicitor.
The minutes of the November 2, 1970 meeting were accepted as mailed and the monthly reports of
the various staff members were read and approved. The Bill Schedules were approved and signed.
OLD BUSINESS
Rubella Clinic
Mr. Joseph W. Walsh, Jr. , reported that the Rubella Clinic held at the Vittori-Rocci Post on
Saturday, November 21, 1970 was a success. Approximately 1,230 children out of the 1,700 who had
registered for the clinic received the vaccine. Mr. Walsh reported that the Board of Health staff was
assisted by volunteers from the Lions' Club, Chamber of Commerce, Red Cross, School Nurses, and
several volunteer nurses. He further reported that each of the volunteers had been sent a thank you
note from the Board of Health.
The Board members suggested that the department send a notice to the parents of the children who
had registered for the clinic but failed to attend. The notice should tell the parents that the Rubella
(German Measles) Immunization is available now from their private physicians or if they choose, they
can wait until next year, to see if the Board of Health will conduct another Rubella Clinic.
138 Livingstone Avenue
Mr. Joseph W. Walsh, Jr., reported to the Board that the retreat house owned by Professor James
A. Dooling, III, is incorporated as a semi-quasi religious organization, named "The Society of St.
Luke, St. Benedict, and St. Dorothy", and has a charter issued by the Commonwealth of
Massachusetts dated December 1, 1966.
At the present time, he has three veterans from the Veterans Administration Hospital in Jamaica Plain,
in addition to five guests from various parts of the country. The staff consists of one male cook, who
resides at the home; one female secretary, and another female who doubles as maid and housekeeper.
Mr. Walsh showed the Board of Health the department's file on the retreat dating back to1965. Mr.
Walsh also showed the Board a letter from the V.A. which stated that the retreat house met their
requirements.
Mr. Robert Russo reported that he had refused Mr. James A. Dooling III a permit to add a full bath
downstairs because his cesspool overflows into the Danvers River. Mr. Russo reported to the Board
that he has met with Mr. Dooling and reviewed his proposed plan for connecting his sewerage system
into the municipal sewerage system.
Mr. Walsh reported that Doctor Frederick Dunham of the Massachusetts Department of Public
Health had met with Mr. Thomas H. Scanlan, Director of Public Health, and discussed the retreat
house with regard to any violations of the General Laws. Mr. Scanlan gave Dr. Dunham the office
file for his use.
Dr. Jacob Fine stated that he was concerned with any violations of Public Health significance, and
requested that Mr. Walsh check with Dr. Dunham to find out what their final decision was and on
what basis they made the decision. He also requested Mr. Russo to pursue the sewerage problem and
for both staff members to submit progress reports at the January Board of Health meeting.
Legal Assistance for Code Enforcement
Thomas Bussone II, Assistant City Solicitor, met with the Board of Health to discuss how his
department could provide legal assistance regarding the prosecution of property owners who are in
violation of Massachusetts Sanitary Code. Mr. Bussone stated "that the Board of Health should
enforce the laws and the legal department should provide the legal assistance". Also, that to save
time, the Code Enforcement Inspectors should go to court and get the initial complaint, saving the
law department's time.
Mr. Bussone explained in detail the Kanter Realty Trust case (14 Central Street) vs. the City of
Beverly Health Department and the $500.00 that was rendered by Judge Doyle. He asked just what
was achieved by this decision. The Realty Trust has appealed the case, and therefore, has not started
repairing the structure.
He suggested that the Board exhaust all administrative approaches before obtaining the court
complaints and in addition the Board should set a timetable for repairing structures that are in
violation of the Sanitary Code.
Mr. Bussone reported that all the above administrative avenues were followed by Mr. Montoni while
preparing his case against Kanter Realty Trust, owner of 14 Central Street, Beverly.
Mr. Bussone suggested that the Board prepare two cases at a time, one large property owner and one
single property owner to show all parties concerned that they all will be treated equally. Mr. Bussone
stated that the Beverly Board of Health and the Legal Department are putting, their heads together
to solve the housing problems in Beverly.
Mr. Bussone suggested that the Board of Health vote formally to request assistance from the Law
Department to prepare a case study and assist in prosecuting certain pending cases.
On a motion duly made and seconded, the Board voted unanimously to ask the Law Department for
assistance in prosecuting certain cases pending before the Board of Health from beginning to end for
the purpose of better communication between the departments.
Exam for Director
Mr. Walsh read a letter from Civil Service advising the Board that a departmental promotional
examination has been ordered for the position of Director of Public Health, Beverly Board of Health.
NEW BUSINESS
Local Slaughtering Inspection
Mr. Walsh read a letter to the Board from the Massachusetts Department of Public Health, stating
that Chapter 891 of the Acts of 1970 amend the law pertaining to slaughtering and meat and poultry
inspection. This law is effective December 1, 1970. When the local Board of Health no longer
appoints an inspector of slaughtering, the role is assumed by the State Department of Public Health.
Definition of Egress
Mr. Alfred Semple, Code Enforcement Inspector, requested from Mr. Bussone a ruling in regard to
the means of egress from an apartment. He stated that the City ordinance accepts certain egresses, but
under the State Sanitary Code, they are illegal.
Mr. Bussone stated that the State Sanitary Code overrules the local ordinances. The local ordinances
can be stricter than the Sanitary Code, but they cannot be more lenient than the Sanitary Code
Standards.
Meeting adjourned at 7:20 p.m.
Respectfully submitted,
FOR: Thomas H. Scanlan
Director of Public Health
BY: Joseph W. Walsh, Jr.
Sanitarian