1971-05-06City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: May 6, 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 - MAY 6, 1971
Meeting called to order at 6:30 p.m. Members present were Dr. J. H. Fine, Chairman: A. J. Callahan.
Jr.. and Angelo R. Massa.
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 April 1, 1971 meeting were read and accepted. The monthly reports of the various
staff members were read. The bill schedules were approved and signed.
OLD BUSINESS
A&P Store, 11 West Street
Mr. Leo L. Panunzio, Milk and Food Inspector, reported to the Board that a recent inspection of this
store revealed numerous violations of Article 10 of the Massachusetts Sanitary Code.
Mr. Frank Meader, regional supervisor for A&P, attended the meeting to discuss the inspector's
report and what the A&P's plans are to correct the conditions at the Beverly Farms Store.
Mr. Meader told the Board of Health that the store is going to be closed within the next four months,
and he will make the necessary corrections and do what is possible to maintain the store while the
operation is being phased out.
The Board of Health discussed the conditions of the store with Mr. Panunzio, Milk and Food
Inspector, and wants a stringent notice sent to the A&P Company requiring them to correct certain
violations and maintain the store during the period of time necessary before terminating their
operation of the 11 West Street, Beverly store.
Dunkin Donuts
Mr. Leo L. Panunzio, Milk and Food Inspector, reported to the Board that Dunkin Donuts is
progressing very well and suggests that the Board of Health grant Dunkin Donuts another 30-day
Food Service Permit.
The Board of Health on the recommendation of the Milk and Food Inspector granted another 30-day
Food Service Permit to Dunkin Donuts and requested from Mr. Panunzio another progress report
to be submitted at the next regular Board meeting.
Chinaland
The Milk and Food Inspector reported that the owners of Chinaland Restaurant have made
tremendous strides during this past month in correcting the conditions observed by him during a
recent inspection.
Mr. Panunzio further reported that everything is satisfactory and that the Board take no further action
at this time. The Board accepted Mr. Panunzio's report as a final report.
Septic System - Lots 10 & 11 Arbella Road
Mr. Joseph W. Walsh, Jr. sent to the Board members a copy of a letter from Mr. Kenneth Knowlton,
Superintendent of the Salem Beverly Water Supply Board, approving the granting of a variance to
install a sub-surface sewerage disposal system on Lots 10 & 11 Arbella Road, Beverly to Mr. Vita
Gracalone, 10 Lookout Street, Gloucester.
The reason for the variance is that when the sub-division was first approved regulation required all
parts of the leaching bed to be fifty feet from high water. Subsequent changes in the Massachusetts
Sanitary Code' s Article XI now require a distance of one hundred feet thus necessitating the above
variance requirements.
Mr. Russo, Sanitary Inspector, submitted the foilowing report:
"In regard to lots 10 & 11 Arbella Road, Mr. Gracalone has agreed to do all the necessary cleaning
for a sewage disposal system.
I have turned over to them a copy of the test data and design data of the two lots which clearly shows
what they are required to do.
I agree with the opinion of the Beverly-Salem Water Board that the Beverly Board of Health will be
justified in granting a variance for lots 10 & 11 Arbella Road, and I am in favor of the granting."
(signed)
Robert Russo
Plumbing Inspector
Inspector of sewerage disposal systems
After discussing this variance request a motion was duly made and seconded, and unanimously voted
that the Beverly Board of Health would grant a variance on the recommendations of Mr. Robert
Russo, Sanitary Inspector, and Mr. Kenneth Knowlton, Superintendent of the Salem-Beverly Water
Supply Board, to Mr. Vito Gracalone of 10 Lookout Street, Gloucester to install a sub-surface
sewage disposal system on Lots 10 & 11 Arbella Road, Beverly.
Camp Paradise
The request of the Hawthorne Girl Scout Council to re-build pit privies at their Camp Paradise which
is located on Foster Street, Beverly was discussed by the Board. A motion was made, seconded, and
unanimously voted to grant the request of the Hawthome Girl Scout Council to re-build pit privies
at the Camp.
Bass River Tennis Club
A letter was submitted by Mr. Robert Russo, Plumbing Inspector, to the Board as follows:
"I would like the Board of Health to know, that because of difficulties in reaching agreements on
cutting across Tozier Road and also connecting with the Bomac sewer main, Connolly Brothers has
decided against tying into the Beverly sewer system. Today, I have approved the emeration system
for the Tennis court and Leaching Field for Kool King Warehouse."
(signed) Robert Russo
A motion was made, seconded and unanimously voted to accept Mr. Russo's report.
11 Garden Street
"This is to inform the Board of an overflowing cesspool at 11 Garden Street, Beverly. The effluent
from the cesspool is bleeding onto the sidewalk and running along the curb.
This condition has occurred on and off over the past few years due to the very ledgy area and no
room for expansion on this lot. The owners, a man and his wife who are 83 and 84 years of age, also
have a daughter living with them who is on disability.
At present, I am at a small loss on how to handle this problem."
(signed) Robert Russo
The Board of Health requested Mr. Robert Russo, Sanitary Sewage Inspector, to try and find a
solution to this problem. The Board discussed the possibility of granting a hardship variance because
of the age of Mr. & Mrs. Albert W. Thomas, owners of 11 Garden Street, Beverly which would be
in effect as long as they occupy the house.
Mr. Robert Russo to submit a progress report at the next Board meeting.
NEW BUSINESS
Citizens' Advisory Committee
The Board of Health acknowledged receipt of a letter from Mrs. Marcia Desmond, President of the
Citizens' Advisory Committee, requesting to meet with the Board to discuss their proposed "Change
of Occupancy Permit" ordinance and other recommendations regarding housing code enforcement
in Beverly.
Recommendations:
1. The Citizens' Advisory Committee strongly and urgently recommends that the Board of Health
request the Mayor and Board of Aldermen adopt following ordinance:
Change of Occupancy Permits:
Whenever a dwelling unit, apartment, or tenement is vacated by the occupant or occupants it is to
be certified by the Health Department prior to being re-occupied by a new tenant or occupant so that
it meets the standards set forth in the "Sanitary Code Article II, Minimum Standards of Fitness for
Human Habitation", adopted by the Massachusetts Department of Public Health. Apartments shall
be certified as a unit. Each dwelling shall be required to be certified only once in any given
twelve-month period. No public utilities shall be turned on until such unit or units have been certified
as being fit for human habitation. If inspection is not made within 48-hours, then public utilities may
be turned on temporarily upon written request of the owner filed with the Board of Health.
2. The implementation of this ordinance is the responsibility of city officials. We suggest for
consideration two methods for implementation:
A. Organize present staff, i.e. Sanitarian, two Code Enforcement Inspectors to fulfill requirements
of the new ordinance; or
B. Re-organize the Board of Health to include a separate Code Enforcement Department responsible
to Director of Board of Health. This department to include one Senior Code Enforcement Officer
with two inspectors.
Mrs. Marcia Desmond, President of the C.A.C explained the duties, by-laws and functions of the
Citizens' Advisory Committee to the Board. She further explained that one of the chief projects of
the committee was redrafting the application for re-certification of our Workable Program for
Community Improvement and the sub-committee on housing draft of the proposed ordinance.
Mrs. Desmond, at this point, introduced Mrs. Esther Ferrante, a member of the C .AC. who explained
in detail the proposed recommendations and change of occupancy ordinance. She also explained how
the housing committee visited several cities in the area to observe the study and the operation of their
code enforcement program. Mrs. Ferrante told the Board that the proposed ordinance is in effect in
Quincy, Malden, Newton, Lowell and in the process of being adopted in Springfield and Holyoke,
Massachusetts.
The following is a list of names of people in attendance who were recorded as in favor of the
proposed ordinance:
Sumner A. Lederman 162 Dodge Street Yes
Grace Lockard 38 Abbott St. Yes
Sandra Lockard 38 Abbott Street Yes
Joe Koimbec 27 Porter St. Yes
Jan Teresko 156 Cabot St. Yes
Anthony Pearson Dunham Road Yes
Jean Grindrod 7 Robinson Rd. Yes
Bill Grindrod 7 Robinson Rd. Yes
Suzanna M. Henseler 16 Wellesley Rd. Yes
Elizabeth F. Clark 12 Washington St. Yes
Richard Montoni 17 Webber Avenue Yes
Alfi-ed J. Semple 16 Beckford St. Yes
James E. Baker 1 Berrywood Lane Yes
Leo L. Panunzio 27 Woodland Avenue Yes
Myrtle Dlugokinski Yes
Betty Morse Yes
In addition, the Board of Health acknowledges receipt of letters in favor of the proposed ordinance
from the following local civic and social groups:
Social Concerns Committee of the First Baptist Church
(signed)Elizabeth Clark, Chairman
(Mrs. F. Weston Clark)
for
Mrs. Walter Johnson
Mr. Richard Fitzgerald
Mrs. Lindsay G. Tuff
INTERCHURCH NEWS
Beverly Interchurch Coordinating Council
(signed) Rev. Homer McCue, Chairman
Interchurch Coordinating Council
Beverly Farms Improvement Society
(signed) Constance S. Kauders, President
Beverly Farms Improvement Society
The Board of Health discussed the Citizens' Advisory committee's proposed ordinance and on a
motion made and seconded unanimously voted that the Beverly Board of Health approve, in principle,
the development of a regulation directed to affect and improve the housing conditions in the City of
Beverly by the use of the change of occupancy permit, and the Acting Director has been instructed
to:
1. Investigate those cities that have such rules and regulations; and,
2. Contact the utilities to discuss their role in assisting the Board of Health when such a regulation
is developed.
Also, the Acting Director to study the information and make it available to the Board of Health not
later than the next regular Board of Health meeting.
Project RAP
Miss Jan Teresko, Director; Mr. Joseph Kocubes, Staff Member, and Mr. Sumner Lederman, Board
of Directors, from Project RAP met with the Board of Health to discuss disbursement procedures
regarding the recent appropriation of $2,500.00 to the Board of Health for "Drug Rehabilitation
Assistance" by the Board of Aldermen.
Representatives of Project RAP and the Board of Health discussed in detail the City Auditor's
guidelines for payment of these bills and discussed alternate methods of recording Beverly residents
who attended the encounter group sessions which are conducted twice a week by Project RAP in
addition to the parent's encounter group which meets one night a week.
The Board of Heaith discussed in detail the appropriation and instructed the Acting Director to meet
with the representatives of Project RAP to gather all the necessary information regarding the
operation of similar drug programs in the area and determine how they overcame the name and
address requirement of our City Auditor. The Acting Director shall report his findings to the Board
of Health not later than the next Board meeting.
Rice's Beach Report (See minutes of Nov. 1970)
Joseph W. Walsh, Jr., Acting Director, reported to the Board of Health that he had taken water
samples from three different locations and the following is his report:
"Water samples taken at these different locations along a stream that feeds Rice's Beach:
April 30, 1971
#T279 Stream from pipe that flows from the Hide-A-Way Florist Shop (More Than) 11,000 MPN
#87-963 Sample taken from pipe that flows from Hide-A-Way Florist Shop 11,000 MPN
#R613 Stream as it flows into Rice's Beach 11,000 MPN
MAY 3, 1971
#251C Stream above pipe that flows from the Hide-A-Way Florist Shop 460,000 MPN
#940C Sample taken below pipe that flows from the Hide-A-Way Florist Shop 75,000 MPN
#4 1A Stream as it flows into Rice's Beach 15,000 MPN
MAY 4, 1971
#95D Stream above pipe that flows from the Hide-A-Way Florist Shop 30,000/100 ML
#E483 Sample taken below pipe that flows from Hide-A-Way Florist Shop 10,000/10 ML
#No (30M) Sample as it flows into Rice's Beach 10,000/100 ML
The results revealed that the stream which feeds Rice's Beach is grossly polluted.
Mr. Robert Russo, Plumbing Inspector, submitted the following report regarding the proposed lift
station to be located at Bay View and Neptune Street, Beverly:
The proposed lift station for the area of Neptune and Bay View Road has not materialized and
will not be installed this year.
I held up the granting of three (3) building permits for weeks on Lots 2, 3, and 4 Bay View Avenue
hoping to work out an agreement between the builder and the City for a sewer system for that area
with no success.
This past week, I signed the permits allowing them to go ahead with their buildings and approved
sewage disposal systems for Lots 2, 3, and 4.
Mayor Grimes asked and received X-number of square feet of land on the corner lot reserved for a
future lift station.
I am of the opinion that the Board of Health could petition the Board of Aldermen to appropriate
funds in their 1972 budget for a sewer system in this area. The Mayor has stated that the City has no
funds for this project this year, but possibly he could get the funds in 1972, quote "If I'm still here"
unquote.
(Signed) Robert Russo
The Board of Health discussed the pollution problem and the lack of municipal sewage in the area
and instructed the Acting Director to notify the owners of properties whose sewage is flowing into
this stream to abate the nuisance forthwith. Mr. Walsh has further instructed to meet with the owners
of the properties in question and explain the seriousness of the situation with the help of the sanitary
inspector assist them in finding a solution to this problem. The Acting Director to submit a progress
report at the next Board of Health meeting.
Lazy-Eye
Report of the Lazy-Eye Clinic held over to the June meeting,
Variance Request
Variance request of Mr. Henry Zassman owner of 7 and 13 Bennett Street, Beverly held over to June
meeting.
Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Acting Director of Public Health