1971-02-09City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: February 9, 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 - SPECIAL EXECUTIVE SESSION - FEBRUARY 9, 1971
Meeting called to order at 6:35 p.m. Members present were A. J.. Callahan, Jr. and Angelo R. Massa.
Also attending were Joseph W. Walsh, Jr., Acting Director; Richard Montoni and Alfred J. Semple,
Code Enforcement Inspectors, and Thomas Bussone III, Assistant City Solicitor.
The purpose of this Special Meeting was to grant Richard Kanter, Trustee of Kanter Realty Trust,
a hearing as authorized by Article II of the Massachusetts Sanitary Code regarding 28 rear Cabot
Street which is in violation of Article II of the Massachusetts
Mr. Kanter attended the heating and was represented by Mr. David Flaxer, attorney for Kanter Realty
Trust.
Attorney Flaxer explained to the Board of Health that when Kanter Realty Trust received the
violation notice from Richard Montoni, Code Enforcement Inspector, dated January 27, 1971
condemning the Ambrose apartment, which is one of two apartments in 28 rear Cabot Street,
Beverly, and as attorney for the Kanter Realty Trust instituted action immediately to terminate the
tenancy at will. Attorney Flaxer further stated that there was a certain period of time allowed by the
court before the termination notice could be put on the court docket and the earliest trial date without
any continuances being granted would be March 18, 1971.
Attorney Flaxer stated his reason for requesting the hearing was to "request that the action by the
Board of Health be withdrawn until after they have exhausted all due processes and at that time they
would meet with the Board again".
Attorney Flaxer recommended to Richard Kanter, trustee of Kanter Realty Trust, that once the
premises is vacated by the Ambrose family that it remain vacant and boarded until it meets all of the
Board of Health's regulations for Minimum Standards of Fitness for Human Habitation.
EXECUTIVE SESSION
Attorney Flaxer stated the majority of the violations were the tenant's responsibility and the only
violations that were Kanter Realty Trust's responsibility were: no hot water or central heating
After further discussion, the Board of Health took the request under advisement and told Attorney
Flaxer that he would be notified in writing of the Board's decision.
The Board of Health asked Richard Montoni and Joseph W. Walsh, Jr. for their opinion regarding
the conditions at 28 rear Cabot St., Beve~y. They both agreed that the building should remain
placarded but it would be alright to waive the penalty clause of Article II until March 1, 1971. Then,
at that time, Richard Montoni, Code Enforcement Inspector, would issue a new violation notice if
the Ambrose apartment was not already vacated.
The Board of Health further discussed the request of Kanter Realty Trust and agreed that 28 rear
Cabot Street remain placarded. But, it was the unanimous opinion of the Board, that Kanter Realty
Trust be granted no action by the Board regarding the penalty clause of Article II of the
Massachusetts Sanitary Code until March 1, 1971.
The Board of Health also records in the minutes of this hearing that Attorney Flaxer, for Kanter
Realty Trust attended the hearing and made no attempt during the hearing to show fault in the
procedural steps taken by the Board.
The Board instructed Mr. Walsh to inform Richard Kanter, Trustee of Kanter Realty Trust, and his
attorney, David Flaxer, in writing of their decision.
Meeting adjourned at 7:35 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Director of Public Health (Acting)