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