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1971-04-01City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: April l, 1971 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: Joseph W. Walsh, Jr., Acting Director of Public Health, Richard Montoni, Code Enforcement Officer, Leo Panunzio, Milk and Food Inspector, and Robert Russo, Plumbing Inspector Recorder: Joseph W. Walsh, Jr. BOARD OF HEALTH - MONTHLY MEETiNG - APRIL 1.1971 Meeting called to order at 6:30 p.m. Members present were Doctor J. H. Fine, Chairman; Angelo R. Massa and A. Joseph Callahan, Jr. Also attending were Joseph W. Walsh, Jr., Director of Public Health (acting); Leo L. Panunzio, Milk and Food Inspector; Robert Russo, Plumbing Inspector; Richard Montoni and Alfred Semple, Code Enforcement Inspectors. The minutes of the March 4, 1971 meeting were accepted as submitted. The monthly reports of the various staff members were read. The bill schedules were signed. OLD BUSINESS Dunkin Donuts Leo L. Panunzio, Milk and Food Inspector, reported that Dunkin Donuts has made progress and is showing improvement with regard to the cleaning and the maintaining of a systematic cleaning schedule of their establishment. Mr. Panunzio explained to the Board that should proceed as they have over the past month and grant another thirty (30) day food service permit to the owner of Dunkin Donuts. The Board of Health on a recommendation of Leo L. Panunzio granted another thirty (30) day food service permit to Dunkin Donuts and requested from the Milk and Food Inspector another progress report to be submitted at the next regular monthly meeting of the Board of Health. Mr. Panunzio also submitted a report of his inspection of Chinaland Restaurant and will submit another report at the next regular meeting of the Board of Health. 138 Livingstone Avenue Mr. Joseph W. Walsh, Jr., Acting Director, read the following two letters from the Director of the Division of Community Operations the Massachusetts Department of Public Health, Doctor Derek Robinson. (dated) March 22, 1971 "In reference to the original request of Mr. Scanlan concerning the operation of a Health Conservatory in Beverly, I have no information which would lead me to conclude that this violates the Massachusetts Public Health laws. The State Sanitary Code would, of course, apply, but otherwise this health or religious institute would not come under any of the laws. I had originally inquired about a possible infringement of the nursing home regulations in the event sick persons were being admitted for care, and presume, as I did not have a reply, that there was no case. I will remind the regulatory agency of my original referral to them and will communicate their answer back to you. (signed) Derek Robinson, M.D. (dated) March 26, 1971 Further to my letter of March 22, the Regulatory Agency did investigate the situation with regards to the Health Conservatory as defined in the letter of Mr. Scanlan to Dr. Dunham on December 15 last. The Regulatory Agency concluded that there was no evidence that Massachusetts Health Laws were being violated. (signed) Derek Robinson, M.D. The Board of Health accepted both letters as a final report. Mr. Walsh submitted a copy of the Board's letter to James A. Dooling III, (see minutes of March 1971) to connect to the municipal sewer system within ninety (90) days. A re-inspection will be made at the end of the ninety (90) day period to see if Mr. Dooling is complying with the Board of Health order. Pre-School Vision Screening Clinic Joseph W. Walsh, Jr., Acting Director, explained the bussing schedule for the participating kindergartens to the Board. He further explained that a representative of the Massachusetts Society for the Prevention of Blindness had come to Beverly on April 1, 1971 and trained all the clinic volunteers. Mr. Walsh reported that we have approximately fifty (50) volunteers and that the next meeting of the Project Advisory Committee will be April 11, 1971. The Board of Health accepted this report as one of progress. Drug Appropriation Mr. Joseph W. Walsh, Jr., Acting Director, told the Board that the Mayor's request for an appropriation of $2,500.00 for Drug Rehabilitation assistance is still being considered by the Finance and Property Committee. The Board of Health wants absolute clarity as to the distribution of these monies by the Board if and when this money is appropriated by the Board of Aldermen. The Board of Health further discussed their responsibility as to the expending of the money for certain services and will this appropriation, if granted, be substantially increased in the ensuing years. The Board of Health tabled any further action until the Board of Aldermen made a final decision regarding the Mayor's request. Horse Permit Request Mr. Joseph W. Walsh, Jr., Acting Director, read the request of Mr. Ralph Leonard to keep three or four horses on his property located at Old Rubbley Road, Beverly, Massachusetts. Mr. Walsh read a petition submitted by Mr. Leonard and signed by several Hathaway Avenue residents who were in favor of Mr. Leonard's request. He also read a letter from Mr. William A. Caywood, Jr. of 50 Hathaway Avenue opposing the issuance of the permit. After a brief discussion by the Board of Health it was decided that an on-site inspection of the land should be made by the Board of Health before making, a final decision as to whether the permit should be granted or not granted. The Board further stipulated that if the permit is granted that the permit should specify a specific number of horses and that this number shall include new-born horses. The Board instructed Mr. Walsh to check with Mr. John Whitaker, Building Inspector, regarding his ordinances and zoning requirements to make certain that Mr. Leonard is meeting all of his requirements. The Board tabled this request until they make their on-site inspection tentatively scheduled for Saturday, April 3, 1971. Code Enforcement Reports Mr. Richard Montoni, Code Enforcement Inspector, reported to the Board of Health that the court case regarding 23 Simon Street (see March minutes) had been continued for two weeks and he will submit his detailed report at the next Board of Health meeting. Mr. Montoni discussed the numerous vacant houses within the city and will submit a report regarding these structures at the May Board of Health meeting. Mr. Alfred Semple, Code Enforcement Inspector, submitted the following letter requesting a variance of a violation of Article 2 of the Massachusetts Sanitary Code for 18-20 Simon Street, Beverly, Massachusetts. March 29, 1971 REGARDiNG: Request for variance 18-20 Simon Street I inspected this structure on March 29, 1971. I found this house to be in excellent condition with the owner, Mr. Gerard Rathe, trying his best to keep it in a clean and sanitary condition. In Mrs. O'Connor's apartment, I found there is a lack of enough outlets in the bedrooms. Mrs. O'Connor has lived in this apartment for the past thirty-five years and she is seventy-three years of age. I feel that at this time it would be a definite hardship to both the owner and the tenant to place the correct number of outlets in Mrs. O'Connor's apartment. Mr. Rathe, the owner, has eight children and it would mean a raise in rent for Mrs. O'Connor if this correction is made. I feel that a variance to allow the number of outlets in this apartment to remain the same until such time as the occupant vacates the apartment would be beneficial to both the tenant and the owner. (signed) Alfred J. Semple After a brief discussion of Mr. Semple's letter, the Board on a motion made and duly seconded unanimously voted to grant the variance to be in effect as long as Mrs. O'Cormor occupies said apartment. The variance shall terminate when the apartment becomes vacant, and at that time, Mr. Gerard Rathe, the owner, shall be required to make the necessary corrections to conform with Article II of the Massachusetts Sanitary Code before renting the above-mentioned apartment. NEW BUSINESS Permit to Discharge Septic Tank Wastes Mr. Richard Poor, 14 Puritan Road, Wenham requested a permit from the Board of Health to discharge the contents of cesspools or septic tanks into a sewer designated for this purpose. The location of this sewer in Beverly is Sewer Street. After a brief discussion, the Board on a motion duly made and seconded unanimously voted to grant the permit. The permit shall expire December 31 of each calendar year and shall stipulate that he shall use this sewer to discharge septic wastes from the tanks of Beverly residents only.. Assessor's Letter March 4, 1971 It has come to our attention that in certain circumstances your department condemns certain real estate, this condemnation has a bearing on the value of such real estate. Would please inform this Board when any buildings are condemned and the date of such action by your Board. Thank you. James B. Comiskey John V. Rein, Jr. Foster R. Grant Mr. Walsh showed the Board a new decal to be distributed to all restaurants and markets in Beverly with the caption "No Animals Allowed." James A. Murphy The Board discussed a letter from Attorney James A. Murphy requesting to appear at the next Board of Health meeting and instructed Mr. Walsh to seek the advice of the City Solicitor. Meeting adjoumed at 7:40 p.m. Respectfully submitted, Joseph W. Walsh, Jr. Acting Director of Public Health