1972-12-07City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: December 7, 1972
Place: Health Dept. 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., Director of Public Health, and Leo Panunzio, Milk and Food
Inspector
Recorder: Joseph W. Walsh, Jr.
BOARD OF HEALTH - MONTHLY MEETING - DECEMBER 7. 1972
Meeting called to order at 6:10 p.m. Members present: Dr. J. H. Fine, Chairman; Angelo R. Massa
and A. Joseph Callahan, Jr.
Also attending were Joseph W. Walsh, Jr., Director and Thomas Clark, Editor of the Beverly Times.
The minutes of the November 2, 1972 meeting were accepted as mailed. The monthly bill schedules
were signed and the monthly reports of the various staff members were read.
OLD BUSINESS
Combined Collection of Garbage
The Director told the Board that he had been requested by the Committee on Legal Affairs and
Accounts to meet with them to discuss the new collection program. Mr. Walsh reported that he had
answered satisfactorily the many questions of the committee members.
The Director reported further that the printing of 20,000 information pamphlets was being done by
the Trade School and that a copy of our pamphlet would be included in the next mailing of the school
department's quarterly newsletter to the citizens of the community.
Mr. Walsh told the Board of Health that the Board of Health Regulations relative to the combination
of garbage and rubbish was being checked by the City Solicitor for proper legal terminology.
The Board accepted this report as informational.
138 Livingstone Avenue
The Director reported that the ease was continued until December 15, 1972, and that the case would
be scheduled for trial on that date.
The Director to submit a report of the December 15, 1972 trial at the January meeting.
Land Survey for the Municipal Dump
The Director of Public Health submitted the following report to the Board relative to his on-site
inspection of the land which the YMCA plans to swap with the City of Beverly.
"December 6, 1972
Gentlemen:
On Wednesday, December 6, 1972, I accompanied Mr. Edgar Mitchell, Commissioner of Public
Works, during an on-site inspection tour of the land the YMCA intends to transfer to the City of
Beverly to allow continuity of the common boundaries between our municipal landfill and the land
to be transferred.
The tour consisted of walking the boundaries of the land in question to determine whether or not the
topographic layout of the property is acceptable for a sanitary landfill operation.
My observation revealed that the parcel of land appeared to be very ledgy with evidence that portions
of the land were used at one time as stone quarries. The assumed elevation of a large segment of this
and would tend to eliminate its use for a sanitary landfill operation. The terrain is of such that it would
be difficult to drive heavy trucks or other equipment into this particular area.
It was observed that a natural swale exists on one side of the property, however, this swale collects
all the surface run off that drains from the higher areas and becomes impounded in the low lying area.
Further observation revealed that the drainage from this low area eventually enters a small pond
located at the rear of the YMCA Day Camp. The overflow from this pond flows under Essex Street
and, according to the Commissioner of Public Works, the discharge from this stream eventually flows
into the Atlantic Ocean.
It is my opinion that unless a tremendous amount of money is expended by the City for proper
planning, engineering, and site preparation as defined in the Commonwealth of Massachusetts
Department of Public Health's Regulations for the Disposal of Solid Wastes by Sanitary Landfill, that
this land in its present state is unsuitable for use as a properly operated Sanitary Landfill.
I would suggest to the Board of Health that if the City of Beverly wishes to pursue this acquisition
further, then the Board should hire a registered Sanitary Engineer or Consultant to assist them in
determining whether or not this area is capable of accepting municipal refuse without creating other
health problems.
Very truly yours,
(signed) Joseph W. Walsh, Jr.
Director of Public Health"
The Board of Health tabled action on the Director's report until after an onsite inspection tour of the
land. The Board scheduled the inspection tour for Sunday, December 10, 1972 at 10:00 a.m.
NEW BUSINESS
Letter from Assessors
Mr. Walsh read to the Board the following letter from Mr. James Comiskey, Chairman of the Board
of Assessors:
November 9, 1972
Jacob H. Fine, M.D., Chairman
Board of Health
City of Beverly
Beverly, Massachusetts
Dear Dr. Fine:
In the future our Board would like to be notified by the Plumbing Inspector of any lots of land that
do not pass a perc test and are unbuildable, so that we may value accordingly.
Very truly yours,
(signed) James B. Comiskey
Chairman"
The Board of Health on a motion made and seconded unanimously voted to instruct the Sanitary
Inspector to file the requested information with the Board of Assessors.
Senior Citizens' Request for Flu Clinic
The Director read to the Board the following letter from Mr. Francis J. Doyle, President of the
Beverly Senior Citizen Club:
Beverly, Massachusetts 01915
Mr. Joseph W. Walsh, Jr.
Director of Public Health
City Hall - Cabot Street
Beverly, Massachusetts 01915
Dear Mr. Walsh:
This letter will confirm our conversation of Friday, October 27, concerning the possibility of
establishing a flu shot clinic in September 1973, for the senior citizens of Beverly. At our meeting
Friday, I mentioned to you that such clinics were operating this year in Danvers and Peabody and
many of our citizens could not understand why they could not have the same thing in Beverly. You
then explained to me that no request for such a clinic had ever been made by the Beverly Senior
Citizens' Club, therefore, no money had ever been budgeted for such a service.
As president of the Beverly Senior Citizens' Club, I am requesting that a sufficient amount be included
in next year's budget to cover the cost of setting up a clinic to innoculate Beverly's senior citizens.
We would hope that it would be possible to provide this this. (flu shot and booster) at no cost to the
senior citizens. I would be willing to organize a group of our members if your felt that we would
assist you with the project.
Thank you for your attention to this matter. We certainly will appreciate your consideration and the
consideration of other city officials when your 1973 community services are being budgeted.
Very truly yours,
(signed) Francis J. Doyle, President
Beverly Senior Citizens Club
MDJ cc: Mayor Herbert F. Grimes
Mr. Peter F. Fortunato"
The Board of Health after discussing the request from the Senior Citizens on a motion made and
seconded voted unanimously to approve the request and instructed the Director to speak to the
Mayor to request the necessary funds. The Director was instructed to seek, if available, state funds
to subsidize the flu program.
The Director was instructed to report his findings at the January 1973 meeting.
Promotion Request
The Director read to the Board of Health a letter from Mrs. Paula Adams requesting to be promoted
from Senior Clerk Typist to Principal Clerk Typist in the Health Office. Mrs. Adams has worked as
a senior clerk typist in the Department for the one year period, as required by Civil Service and
wished to be allowed to take the promotional examination for a position as a Principal Clerk.
The Director told the Board of Health that he was in favor of granting Mrs. Adams request.
The Board of Health on a motion made and seconded voted to grant Mrs. Adams' request and
instructed the Director to draft the necessary service papers to request the examination.
Monthly Warrants
The Director read a letter from Mr. Richard Momoni, Code Enforcement Inspector, requesting as
a private citizen the privilege to examine the monthly warrants of the Board of Health.
The Board of Health told the Director to send Mr. Montoni a letter informing him that as a private
citizen it is his privilege to examine the monthly warrants at the City Auditor's Office.
Shellfish Digging Ban
The Director read to the Board a letter from the Department of Natural Resources Division of Marine
Fishcries defining the areas within Beverly waters that were closed to shellfish digging because of
high coliform bacteria counts.
The Board accepted this report as informative and instructed the Director to post the letter in the
Health Office.
Old Fort Estates Sub-Division
The following is the list of persons attending the Board of Health meeting for the purpose of
discussing the proposed sub-division entitled "Old Fort Estates" located off Paine Avenue, Prides
Crossing, Massachusetts.
Frank C. Hancock
Paul P. Rhuda
Stephen J. Connolly
Alma M. Rotnem
Ruth A. Weybum
Ann M. Risley
John F. Winchester
Ralph A. Rotnem
Lewis C. Wadsworth, Jr., Attorney
Representing:
52 Cedar Street, Wenham
Thissell Street, Prides Crossing
20 Oak Street, Beverly Farms
Paine Avenue
Paine Avenue
Paine Avenue
Paine Avenue
Paine Avenue
15 State Street, Boston
Barbara Hovey, Paine Avenue
Helen Richardson, Paine Avenue
John R. Serafini, Paine Avenue
Bertram Glovsky, Attorney
Representing:
Caleb Loring Jr.
Ralph Clark, Paine Avenue
Jordon Williams
Katherine Merrill
The Director read the following letter from Mr. Daniel Bumagin, Planning Director, to the Board of
Health:
"November 10, 1972
Jay Walsh
Director of Public Health
City Hall
Beverly, Massachusetts 01915
Dear Jay:
I submit, for approval by the Board of Health, a set of definitive plans for a proposed subdivision of
land off Paine Avenue, a private way off Route 127 in Prides Crossing.
Mr. Rhuda has submitted his application for a public hearing on November 9, 1972. The hearing is
scheduled for Tuesday evening, November 28, 1972.
Let me know if you have any questions.
Yours very truly,
(signed) Daniel Bumagin
Planning Director"
Dr. Jacob H. Fine, Chairman of the Beverly Board of Health, opened the meeting by explaining to
the attendees of this segment of the Board meeting the Board's position relative to the proposed
sub-division. The Chairman stated that it was the Board's obligation to determine whether or not
approving the proposed sub-division would create undue health problems.
It was further stated that all testimony before the Board should be confined to the installation of
sub-surface disposal systems, and the soil's capability of sustaining the said system. All other should
be discussed with the other appropriate city agencies or boards whose jurisdiction such problems
would be under.
Mr. Robert Russo, Inspector of Sewerage Disposal Systems for the Board of Health submitted the
following report to the Board.
December 7, 1972
Board of Health
Beverly, Massachusetts
RE: Rhuda Subdivision
Prides Crossing, MA
Gentlemen:
Under the sub-division control law, (Chapter 41, G. L. Section S10) and also City of Beverly
ordinance (Section 7 of Chapter 18), the Planning Board is asking the Board of Health the following:
"Whether or not all the land shown on the sub-division of Old Fort Estates, can be used as building
sites, without injury to the Public Health."
In my opinion, all the lots of this sub-division could handle the individual sewage disposal systems
without becoming a health nuisance.
I suggest the Board of Health add the following endorsement to the sub-division plan:
"The approval of this sub-division shall be on condition that no building permits shall be issued for
any buildings or structures until approved by the Sewage Disposal Systems inspector, each lot being
approved separately. It shall be the duty of the owner of each lot to meet the standards of the State
Sanitary Code and to obtain the approval of the Board of Health of the City of Beverly.
Very truly yours,
(signed) Robert Russo
Inspector of Sewage Disposal Systems
City of Beverly"
Mr. Frank Hancock, Regional Professional Engineer and owner of Essex Survey Service, Inc. of 47
Federal Street, Salem, Mass. spoke to the Board regarding the suitability of the soil to sustain sub
surface disposal systems and how, in his opinion, "The approval of this subdivision will not create a
nuisance in the area." Mr. Hancock went on to explain that three of the lots in the proposed sub-
division should require additional site preparation e.g. removal of existing soil and replacing with
material capable of percolation. He also explained to the Board that Lot A was not included in the
sub-division and had already been approved by Robert Russo, Sanitary Inspector.
When asked by a Board member for specific data pertaining to percolation tests performed on the
proposed sub-division , Mr. Hancock stated that the material was a fine silty soil with an
approximate percolation rate of 10 minutes per inch drop."
Mr. Robert Russo, Sanitary Inspector, told the Board that "percolation tests mean nothing to me" and
that he used Article XI of the State Code as minimum standards and he used his discretion regarding
percolation rates etc.
Mr. Bertram Glovsky, attorney for several Paine Avenue residents spoke to the Board citing problems
in the area with existing septic systems. The sanitary inspector knew of each of the problems that the
attorney referred to and stated "that in each case the problem corrected".
Mr. Glovsky introduced as evidence a copy of a 1968 soil survey of the City of Beverly done by the
U.S. Department of Agriculture Soil Conservation Service in co-operation with the Essex
Conservation District. Mr. Glovsky introduced various soil maps and definitions to the Board
indicating that the soil according to the survey was unsuitable for the installation of sub-surface
disposal systems.
Mr. Frank Howard of Essex Survey spoke to disagree with the soil survey stating that the survey
relied heavily on aerial photography and some site work.
Mr. Glovsky told the Board that the existing dwellings on the property were used as summer
residence and were not used year round.
Mr. Paul Rhuda, land developer, disagreed with Mr. Glovsky and cited several instances were, in his
opinion, the dwellings were habitated year round.
Mr. Glovsky explained to the Board that his clients wanted to be shown to their satisfaction that the
sewerage disposal systems would be installed according to State and local regulations.
He pointed out that the proposed systems were designed for 800 sq. ft. beds and included garbage
disposals and washing machines and asked if the bed size was sufficient for waste generated by
garbage disposal.
Mr. Louis L. Wadsworth, Jr., attorney, requested permission to have Whitman and Howard, an
independent engineering company, retest at his clients' expense the area in the presence of Mr. Frank
Hancock. He stated that his clients were not questioning Mr. Hanenck's reports, but they want more
specific data and access to the sub-division plan.
Alter discussing the request, the engineer and developer agreed to Mr. Wadsworth's request.
The Chairman at this point interrupted testimony and briefly presented a thumbnail report of
testimony presented to the Board of Health, and asked all interested parties to speak on the subject.
With no further discussion requested, the Beverly Board of Health took the proposed sub-division
under advisement and thanked all those attending the meeting for information provided to the Board.
The Board of Health on a motion made and seconded voted unanimously to request a 30 day
extension of time for the purpose of retaining at the city's expense a qualified consultant to submit
to the Board of Health an independent report of the suitability of the soil to sustain sub-surface
disposal systems.
Meeting adjourned at 9:30 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Director of Public Health