1971-07-01City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: July 1, 1971
Place: Health Department Office
Board members present: A. Joseph Callahan, Jr., and Angelo R. Massa
Board members absent: Dr. Jacob H. Fine, chair,
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 - JULY 1. 1971
Meeting called to order at 6:30 p.m. Members present were A. Joseph Callahan, Jr. and Angelo R.
Massa. In the absence of the Chairman, Dr. Jacob H. Fine who is hospitalized, A. Joseph Callahan,
Jr. was elected temporary Chairman.
Also attending were Joseph W. Walsh, Jr., Acting Director; Leo L. Panunzio, Milk and Food
Inspector; Robert Russo, Plumbing Inspector; Richard Montoni and Alfred J. Semple, Code
Enforcement Inspectors.
The minutes of the June 10, 1971 meeting and the two Public Hearings held on June 29, 1971 were
accepted as mailed. The monthly reports of the various staff members were read. The bill schedules
were signed.
OLD BUSINESS
A & P Store, 11 West Street
Mr. Leo L. Panunzio, Milk and Food Inspector, reported that the A&P had corrected the complaints
noted in the May 6, 1971 minutes and the store could continue to operate until its lease expires. The
Board of Health instructed Mr. Panunzio to make frequent inspections during the phasing out period
to ascertain whether or not the store is being maintained in a sanitary condition.
Mobile Canteen Trucks
Mr. Leo L. Panunzio, Milk and Food Inspector, suggested to the Board of Health that they send a
letter to Edgar Mitchell, Acting Commissioner of Public Works and a copy to the Chief of Police,
Edward Aucone, regarding the fifteen (15) minute time limit per day that these Mobile Canteen trucks
are allowed to solicit business at the following beaches: Dame, Lynch, and Obear Park.
The Board instructed Mr. Joseph W. Walsh, Jr., the Acting Director, to send a letter to the Acting
Commissioner of Public Works and the Chief Police, appraising them of this problem and to solicit
their help to eliminate the problem.
294 Elliott Street
Mr. Edward Kiley of 55 Aberdeen Avenue, Peabody appeared before the Board of Health requesting
the Board to grant him a retail food license for the purpose of manufacturing candy in a proposed
shop located at 294 Elliott Street, Beverly. Mr. Leo L. Panunzio, Milk and Food Inspector, told the
Board that in his opinion the proposed shop was unsuitable for food handling and that Mr. Kiley's
request for a license should be denied.
Mr. Kiley than requested a temporary license to use the premises only a few days during the next
month.
Mr. Leo L. Panunzio, Milk and Food Inspector, and Mr. Joseph W. Walsh, Jr., Acting Director,
recommended to the Board they also deny the request of a temporary permit. The Board of Health,
acting on the recommendations of the Acting Director and Milk and Food Inspector, voted
unanimously to deny both requests of Mr. Edward Kiley.
Code Enforcement
Mr. Richard Montoni, Code Enforcement Inspector, reported to the Board of Health that he had
turned over to Mr. Thomas Bussone, Assistant City Solicitor, the list of houses noted in the June 10,
1971 minutes for prosecution. He further reported that Mr. Thomas Bussone, Assistant City
Solicitor, has selected 7 Stone Street, Beverly, owned by Kanter Trust as the first case to be taken
to court using the equity proceedings. Mr. Montoni stated that if we are successful with this use then
the Assistant City Solicitor will take all the other dwellings in violation to court in a package rather
than just one as in the 7 Stone Street case.
Mr. Montoni will submit another progress report at the August meeting. The Board accepted this
report as one of progress.
23 Simon Street
Mr. Joseph W. Walsh, Jr., Acting Director, reported to the Board of Health that Mr. Ronald Davis
and Mr. Ronald Summitt, owner of 23 Simon Street, Beverly had hired Mr. Thomas Remsen, Box
410, Beverly to demolish said structure. He further reported that Mr. Remsen plans to begin
demolition of 23 Simon street on July 6, 1971. Mr. Walsh to submit a final report at the August
meeting.
Permit to Keep Horses (See minutes June 10, 1971)
The Acting Director read a request from John T. Whitaker, 211 Dodge Street, Beverly to keep horses
on his property. Mr. Walsh and Mr. Morttoni explained to the Board that they had made an on-site
inspection of the Whitaker property and found everything to be satisfactory.
The Board of Health acting on the recommendation of Mr. Walsh and Mr. Montoni voted
unanimously to grant Mr. John Whitaker, 211 Dodge Beverly a permit to stable horses on his
property. The Board of Health further stipulated that the number of horses to be stabled shall not
exceed four (4) in number and this number shall include any foal whether newborn or not.
Drug Appropriation
Mr. Joseph W. Walsh, Jr., Acting Director, reported to the Board that no progress has been made
to resolve the impasse between the City Auditor and RAP officials regarding the identity of Beverly
residents restriction.
Mr. Walsh further reported that the officials at RAP are planning to submit another proposal to the
Board of Health at the August meeting regarding the possibility of using the appropriation. to pay a
portion of the Director' s salary.
After a brief discussion, the Board of Health tabled any further action until the August meeting.
CAC Proposed Change of Occupancy Permit
Mrs. Barbara Goldberg and Richard Goldberg attended the Board meeting to listen to the Board
discuss the proposed Board of Health regulation,
Mr. A. Joseph Callahan, Jr. clarified the mis-interpretation that this regulation was for just two areas
of the City. He stated that "the purpose of the proposed ordinance (if passed) was to upgrade all sub-
standard housing in the entire city; to help the elderly with only one means of egress; and also to help
those who do not know that they are living in sub-standard housing and finally to help those tenants
who are intimidated by their landlords for complaining to the Board of Health."
Mr. Angelo R. Massa stated that "the Board of Health has to consider all the citizens of Beverly, not
the affluent few who are going to be inconvenienced by the adoption of this regulation."
On a motion duly made and seconded the Board of Health unanimously voted to adopt the change
of occupancy permit to be effective on September 1, 1971.
The Board of Health instructed Mr. Joseph W. Walsh, Jr., Acting Director, to advertise the ordinance
immediately and to incorporate into the minutes of this meeting the adopted regulation in its entirety.
"In accordance with the Massachusetts General Laws, Chapter 111, Section 31, the Board of Health
of the City of Beverly hereby adopts the following Regulation, entitled "Change of Occupancy
Permits."
"Whenever a rented dwelling units, apartment, or tenement other than a hotel, motel, or rooming
house is vacated by the occupant or occupants of, or within ten (10) days before the expiration date
of the anticipated vacancy, it must be certified by the Board of Health or its agents, prior to being
re-occupied by a new occupant as meeting the standards set forth in "The Sanitary Code, Article II,
Minimum Standards of Fitness for Human Habitation" as promulgated and from time to time
mended by the Department of Public Health of the Commonwealth of Massachusetts under the
authority of General Laws, Chapter 111, Section 127A. However, regardless of the number of
occupancy changes during any 12-month period, one such certification shall be sufficient for such
12-month period. After inspection of the vacant premises by the Board of Health or its agents, all
public utilities servicing said vacant premises may be ordered turned off by the Board of Health or
its agents until such dwelling unit, apartment, or tenement is certified as being fit for human
habitation. If within seventy-two (72) hours excluding Saturdays, Sundays, and Holidays, after receipt
of written notification of a vacancy from the owner, managing agent, or person in in possession, the
Board of Health or its agents fail to make an inspection, then the rented dwelling unit, apartment, or
tenement may be re-occupied without such certification. If, after inspection of the premises by the
Board of Health or its agents, the Board of Health determines that owner should be given time to
make repairs necessary to qualify for certification and the health and safety of any occupant is not
thereby endangered, the Board of Health may issue a temporary occupancy permit not to exceed
thirty (30) days. Before any Public Utilities are ordered shut off, the Board of Health shall give three
(3) days notice in writing to the owner, managing agent, or person in control of the vacant premises,
that such action is to be taken. This regulation shall not apply to new construction which is in
compliance with the General Laws of the Commonwealth of Massachusetts and local Ordinances
pertaining thereto; nor shall it apply to new construction which was completed less than (5) years
prior to the date on which the rented dwelling unit, apartment, or tenement becomes vacant. Any
owner of such property used for dwelling purposes falling to comply with the regulation shall pay a
fine of twenty dollars ($20.00) each and every day he allows any person or persons to live, occupy,
or inhabit the said premises without having received an occupancy permit from the Board of Health.
NEW BUSINESS
Blueberry Hill Nursing Home
The Board of Health approved the renewal of the license application of the Blueberry Hill Nursing
Home.
The Lions Club
The Board of Health received the following letter from the Beverly Lions:
"It is with great pleasure to report the recent ~Lazy-Eye Clinic' was a great success. This could not
have been so successful without the excellent cooperation of the Beverly Board of Health.
Your Acting Director of Public Health, Mr. Joseph W. Walsh, Jr., and all your Health Department
nurses were just "too much." This only proves - when organizations want to work together as a
team we can do so much for the betterment of our great City.
The Beverly Lions Club extends a big "THANK YOU" to your department.
Sincerely,
(signed) Nicholas E. Tilas
President, Beverly Lions Club"
The Board of Health accepted the letter and put it on file.
Meeting adjourned at 7:30 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Acting Director of Public Health
ADDENDUM TO JULY 1. 1971 BOARD OF HEALTH MEETING
Dr. Jacob H. Fine, Chairman, requests that the following addendum be incorporated into the minutes
of the July 1, 1971 Board of Health meeting:
"...if he had been presem he would have voted in favor of the adoption by the Board of Health of the
proposed Change of Occupancy Permit Regulation..."
Respectfully submitted,
Joseph W. Walsh, Jr.
Acting Director of Public Health
Legal notice
LEGAL NOTICE
CITY OF BEVERLY
Chapter VI. Housing
Section 1. Change of Occupancy Permits
Whenever a rented dwelling unit, apartment,
or tenement. other than a hotel, motel, or rooming
house is vacated by the occupant or occupants thereof,
or within ten (10) days before the expiration date of the
anticipated vacancy, it must be certified by the Board
of Health or its agents, prior to being re-occupied by a
new occupant as meeting the standards set forth in
"The Sanitary Cede, Article II,. Minimum Standards
of Fitness for Human Habitation" as promulgated and
from time to time amended by the Department of
Public Health of the Commonwealth of Massachusetts
under the authority of General Laws, Chapter III,
Section 127A. However. regardless of the number of
occupancy changes during any 12 - month period. one
such certification shall be sufficient for such 12 -
month period. After inspection of the vacant premises
by the Board of Health or its agents, all public utilities
servicing said vacant premises may be ordered turned
off by the Board of Health or its agents until such
dwelling unit, apartment, or tenement is certified as
being fit for human habitation.
If within seventy two (72) hours, excluding
Saturdays, Sundays, and. Holidays, after receipt of
written notification of a vacancy from the owner.
managing agent, or persun in possession, the Board of
Health or its agents fall to make an inspection, than
the rented dwelling unit, apartment, or tenement may,
be re-occupied without such certification. If. after
inspection of the premises by the Board of Health or its
agents, the Board of Health datermines that the owner
should be given time to make repairs necessary to
qualify for certification and the health and safety of
any occupant is not thereby endangered, the Board of
Health may issue a temporary occupancy permit not to
exceed thirty (30),days. Before any Public Utilities are
ordered shut off. the Board of Health shall give three
(3) days notice in writing to the owner; managing
agent, or person in control of the vacant premises, that
such action is to be taken. This Regulation shall not'
apply to new construction which is in compliance with
the General Laws of the Commonwealth of
Massachusetts and local Ordinances pertaining
thereto; nor shall it apply to new construction which
was completed less than five (5) years prior to the date
on which the rented dwelling unit, apartment, or
tenement becomes vacant. Any Owner of such
property used for dwelling purposes falling to comply
with tiffs regulation shall pay a fine of twenty dollars
($20.00) each and every day he allows any person or
persons to live, occupy, or inhabit the said premises
without having received an occupancy permit from the
Board of Health
This regulation to become effective on
September 1, 1971
Approved by the Board of Health, July 1,
1971.
(7-8)