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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)