1972-09-14City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: September 14, 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, Thomas Bussone II, Assistant City
Solicitor and Leo Panunzio, Milk and Food Inspector
Recorder: Joseph W. Walsh, Jr.
BOARD OF HEALTH - MONTHLY MEETING - SEPTEMBER 14, 1972
Meeting called to order at 6:30 p.m. Members present were Dr. Jacob H. Fine, Chairman; Angelo R.
Massa and A. Joseph Callahan, Jr., Members.
Also attending were Joseph W. Walsh, Jr., Director; Thomas Bussone, Assistant City Solicitor; and
Miss Phyllis Dick, Beverly Times Reporter.
The minutes of the August 3, 1972 meeting were accepted as mailed. The monthly bill schedules were
approved and signed and the monthly reports of the various staff members were read.
OLD BUSINESS
Housing Code Enforcement Records (See minutes August 1972)
The Director read the following letter from the Cambridge Savings Bank requesting a list of Housing
Code Violations, if any, of the properties listed in the following correspondence:
"August 9, 1972
Joseph W. Walsh, Jr.
Director of Public Health
City of Beverly
B evefly, Massachusetts 01915
RE: 33 Mill St., 30 Grant St.,
18-20 Simon St., 3 Gage St.,
47-49 Simon St., 25 Bennett St.,
42-44 Simon St.
Dear Mr. Walsh:
Thank you for your recent letter. The bank would like to know if there are any uncorrected health
code violations in any of the above properties. The reason for this request is that we have been
required by the Veteran's Administration to determine the value of these properties. Since they are
income properties, we feel that any health code violations would have a negative effect on their
market value.
If you have any further questions as to the type of information that we are requesting or the reason
we are requesting it, please call me.
Very truly yours,
(signed) Wayne G. Sharpe, Jr.
Assistant Treasurer's
The Board of Health discussed the request of the Bank and on a motion made and seconded
unanimously voted to send a letter to the Cambridge Savings Bank informing them that violations do
exist in the following listed properties:
33 Mill Street
18-20 Simon Street
25 Bennett Street
42-44 Simon Street
30 Grant Street
47-49 Simon St.
3 Gage Street
and that violations notices have been sent to the respective property owners. The Board of Health
suggested that the Bank contact the owners for a copy of our notice which includes a list of specific
violations of Article 2 of the Massachusetts State Sanitary Code.
Centerville Sewer Survey (See minutes April 1972)
The Director, in addition to mailing a copy of Mr. Robert Russo's, Plumbing and Sanitary Inspector,
report of his observations and findings relative to the failure of sub-surface disposal systems in the
Centerville section of the City read the following letter form Mayor Herbert F. Grimes:
August 1, 1972
Board of Health
City of Beverly
c/o Jay Waish, Director
Gentlemen:
I am forwarding for your perusal, evaluation and consideration, a copy of "Centerville Sewer
Survey", made by Mr. Russo, Plumbing Inspector, at my request, and received by me, July 28th. It
is the only copy made available to me and I have read its entire contents, which have not and will not
elicit any comments from me until I hear from your Honorable Board.
Very truly yours,
(Signed) Herbert F. Grimes
Mayor
The Board of Health discussed the contents of the in depth report which supported the judgement
and opinion of the Board of several years ago. The members of the Board felt that the report was an
excellent one and wish to commend Mr. Robert Russo, Plumbing and Sanitary inspector, for an
excellent hob of ferreting out the in-depth date needed to bring to the attention of the Mayor that a
serious problem exists in the Centerville section of the City. The report indicates to the Board of
Health that the Mayor and Board of Aldermen should act post haste to provide a municipal sewerage
system to this section of the City and that the established time table should, if possible, be pushed
ahead.
The Beverly Board of Health realizes the magnitude of the problem and that a large portion of the
Centerville section of the City is affected by the failure of these septic systems; reaffirming the
Board's position of two years ago. (See minutes June 1970)
Therefore, the Beverly Board of Health recognizing that a very serious problem exists, on a motion
made and seconded voted unanimously to send a letter to Mayor Grimes requesting him to do all that
is in his power as Mayor to speed up, if possible, the 1975 target date.
In addition, the Board of Health on a motion made and seconded voted unanimously to request Mr.
Robert Russo, Plumbing and Sanitary Inspector, to check the area and submit a minimum of a bi-
monthly report of conditions in Centerville.
Plastic Plumbing Pipe (see minutes August 1972)
The Director read the following correspondence from Mr. William I. Cowin, Secretary of the
Department of Consumer Affairs:
August 14, 1972
Dear Mr. Walsh:
Thank you for your letter of July 19, 1972. I have enclosed a copy of the information you requested.
It is important to note that this is an interim report, based on an investigation of plastic pipe at one
apartment complex only. The Board of Plumbing Examiners is continuing its investigation of plastic
pipe and will make its final determinations and recommendations in the fall of 1972.
If I can be of any further assistance, please do not hesitate to contact me.
Very truly yours,
(signed) William I. Cowin
Secretary"
"May 30,1972
Dear Mr. Cowin:
With an open mind and every hope of obtaining first hand information that would enable the Board
of State Examiners of Plumbers to issue a favorable report concerning the use d PVC and ABS plastic
pipe for DWV in buildings, 60 feet or six story in height, the Board and their Executive Secretary,
in keeping with your request, visited on Thursday, May 25, 1972, a large apartment house complex
in Rocky Hill, Connecticut, located at 1800 Silas Deane Highway and owned by Gerald S. Berson.
Mr. Donald Lawlor, the Inspector of Buildings, who is also the Plumbing Inspector for the Town of
Rocky Hill, accompanied the Board and Mr. Berson on the inspectional tour.
The buildings employing the use of ABS for DWV were built in 1969. No children were permitted to
live in these apartments and most occupants are beyond middle age.
All water supply and distribution is metal. All underground soil and waste piping is cast iron. All
DWV (drainage, waste, and vents), and storm water conductor pipes are made of ABS, Schedule 40,
piping. The highest building was five stories and these buildings are all of wood flame construction:
The storm water or conductor piping appeared to be in good condition. The four inch ABS piping,
connected to underground Cast Iron soil pipe above the basement floor, rises vertically approximately
7 feet, then runs approximately 10 feet horizontally below the basement ceiling and then turns 90°
and continues up through the building to the roof.
The soil and waste stacks connected to 4 inch cast iron soil pipe just above the basement floor, rise
vertically and with a double 1/8 bend offset, disappear from view within the partitions above. Just
below the double offset, a horizontal branch waste is extended approximately 6 feet to receive waste
discharge from bath or shower. Although this short horizontal waste piping is properly hung every
three feet; there is visible evidence that it is sagging between hangers. All visible soil and waste stacks
were badly bent out of line 1 inch to 2 inches from their original center line from basement floor to
ceiling above, a distance of approximately 8 feet, despite the fact that Mr. Berson advised us that
extension joints were installed, in the ABS stacks, between floors. It should be remembered that
manufacturers of AB S state that it is not necessary to provide for expansion. They recommend the
use of floor and ceiling plates or flanges, permanently attached to the vertical piping to prevent
expansion between floors. It was the opinion of both Mr. Berson and Mr. Lawlor, that the distortion
of the exposed basement piping was caused by settling and shrinkage of the building materials. This
immediately raises the question that if the stacks are restricted from movement between floors by the
employment of ceiling and floor flanges, what is the condition of the piping between floors in
buildings that settle and shrink?
Mr. Lawlor advised the Board that plastic piping has been allowed in Connecticut, above ground only
for DWV use in one and two family dwellings, for approximately six to seven years and for buildings
60 feet in height or less for only the last two years. He also stated that he saw numerous floor
mounted plumbing fixtures lifted off the floor from 1 inch to 2 inches where ABS stacks were in use.
Plastic piping is not allowed on hot or cold water piping any where in Connecticut.
When asked what his personal opinion was regarding the use of ABS, Mr. Lawlor stated that he did
not like it, that it was noisier than metal piping, and that it definitely cuts down on the fire rating
efficiency of the building.
Since there was nothing more to see at 1800 Silas Deane Highway, Mr. Lawlor took us to a new
project under construction. Unfortunately, all piping in the project was already concealed, with the
exception of a small open area in a basement ceiling. Nothing was gained from this visit except to
note the neatness & installation which was to the credit of the installers. All underground piping and
all water piping is made of metals.
SUMMARY: ....
1. PVC and ABS plastic piping is allowed in the State of Connecticut to be installed in residential
buildings up to 60 feet in height, above ground and only for DWV purposes.
2. The Board viewed nothing that could encourage them to approve PVC and ABS piping for any
use beyond the limitations not provided in the State Plumbing Code. In fact, for the Board to see a
vertical rise of only approximately 8 feet in height, when installed in accordance with manufacturers'
requirements, bowed so badly out line in a building only three years old, they can only feel their
judgement is correct in not recommending a broader use of this type of matetial.
3. The Board feels that when HUD and FHA refer to National Codes such as BOCA, IAMPO, and
UPC, they are speaking of misnomers, since in truth these are not national codes. They are merely
codes promulgated by associations that government agencies have recognized as being acceptable
to them, and these same agencies are now trying to force these codes on every municipality in the
United States by threatening to withhold from us our own tax dollars.
(signed) Edward L. Maurer, Chairman
Roger E. Chouinard, Member
James E. Curry, Jr., Member
George J. Coogan, Member
Irving J. Risi, Executive Secretary
Board of State Examiners of Plumbers
The Board of Health discussed the report and on a motion made and seconded voted to table any
further action at this time.
138 Livingstone Avenue (See minutes August 1972)
The Director reported to the Board that a complaint had been obtained from the District Court in
Salem and that the Board's case against Mr. James A. Dooling III will be heard on September 21,
1972.
The Board tabled any further action until after the court hearing.
Plumbing Inspector's Transfer Request (See minutes August 1972)
The Board of Health tabled action on Mr. Robert Russo's request until they receive a written opinion
from the Law Department.
11 Garden Street (See minutes August 1972)
The Director read the following letter from Mr. Leonard F. Roberts of 12 Rowell Avenue, Beverly,
Massachusetts.
August 19, 1972
Dear Sir:
I would grant you an easement across my property to connect Albert Thomas Family of 11 Garden
Street, Beverly, Mass. to the municipal sewer. Also to allow the City Engineering Dept. to conduct
the survey needed to design the sewer line.
Only if and when the job is completed the city grades and seeds the yard, to restore it back to a green
lawn. If the city officials agree to this then as I said above I will grant the easement of the sewer line
to save the city thousands of dollars of the city budget.
Very truly yours,
(signed) Leonard F. Roberts
The Board of Health discussed the problem and on a motion made and seconded unanimously voted
to send a letter to the Mayor requesting the City to appropriate the funds necessary to correct the
very serious health problem.
NEW BUSINESS
Vitale Sub-Division (See minutes August 1970)
The Board of Health discussed the proposed subdivisors which will be located in the rear of Dodge
Street off Nelson Avenue and Wirliing Drive and on a motion made and seconded voted unanimously
to re-affirm their decision of August 12, 1970 not to approve said sub-division unless the owner
connects each house to the municipal sewer. Therefore, the Beverly Board of Health approved the
plans as submitted to them which indicate that the sub-division will be connected to the municipal
sewer.
Inspection of Animals
The Director read the following letter from the Mayor to the Board:
August 30, 1972
Joseph W. Walsh, Jr., Director
Board of Health
City of Beverly
Dear Mr. Walsh:
This is to notify you that I have received the resignation of James J. Fanning as Animal Inspector of
the City of Beverly, effective August 31, 1972.
I further notify you that I have appointed Robert S. Burchstead, Dog Officer for the City of Beverly,
to serve as provisional Animal Inspector, pending approval of the Division of Animals Health,
effective September 1, 1972.
Very truly yours,
(signed) Herbert F. Grimes
Mayor
The Board of Health accepted the letter as informational.
Horse Permit
The Director read the following letter from Mr. Luis Masforroll of 759 Hale Street, Beverly Farms,
Massachusetts:
August 25, 1972
City of Beverly
Board of Health Department
191 Cabot Street
Beverly, Mass.
ATTENTION: Mr. Joseph W. Walsh, Jr.
Dear Mr. Walsh:
With reference to our recent telephone conversation concerning permission to board our horse at our
new residence at 759 Hale Street, Beverly Farms, Massachusetts, the following, I hope, will help you
evaluate our petition.
Our horse is a five year old mare, she is presently stabled at the Silver Star Stables in Manchester,
Massachusetts. We have had this horse for three years, and my oldest daughter is very attached to
her.
We buy all her food right at the stable and will continue to do so after we move. She eats from six
to eight quarts of grain a day and consumes hay in proportion to the mount of grazing that she does.
The water consumption is from 10 to 15 gallons a day.
We would like to be able to use some of the manure as a fertilizer as we do now, but if not allowed,
then we will give to a farmer in Essex, Massachusetts.
Our property is three acres and we are going to install a small barn and a 6 volt electric fence, if
required, to keep her enclosed within our property.
Sincerely,
(signed) Luis Masforroll
The Board of Health tabled any action until the petitioner had fulfilled all the Zoning Board of
Appeals requirements.
Mental Health
The Director read the following letter from the Greater Cape Ann Human Services, Inc.
"July 31,1972
Jacob H. Fine, M.D.
Chairman, Board of Health
191 Cabot Street
Beverly, Massachusetts 01915
Dr. Fine:
May letter to you, I provided you with a statistical analysis of the number of Direct and Indirect hours
of mental health services the residents of Beverly had received for the first quarter of 1972 and
through the Cape Ann Children and Family Center.
During the second quarter (i.e. April, May, June) 91 separate appointments were scheduled for
Beverly residents, resulting in 380.25 Direct units of service. In addition we provided 262.75 Indirect
units of service which were offered through a wide array of services to include such tasks as school
and community social-agency consultation, work with area physicians, and training of a variety of
mental health professionals. In total for the second quarter, 643.00 units of service (which is
essentially a measured length of time of approximately 1-hour) was provided to Beverly residents.
This is an increase of 268.26 units over the first quarter and certainly reflects our growing capacity
to meet the mental health needs of your community.
During the last half of this calendar year, we projected that we fill be even more visable in your
community as we provide the out patient psychiatric services to those in need.
Please feel free to call upon me or any other Board or Clinic member if you have any questions.
Sincerely yours,
(signed) Herbert Wostrel
President GCAHS
The Board accepted this report as informational.
Housing Legislation
The Director sent to the Board copies of legislation recently passed by the General Court regarding
certification of certain housing violations which may endanger or materially impair the health, safety,
or well being of a tenant or tenants for the purpose of giving the tenant the right to repair dangerous
substandard hous'mg and deduct the cost from their rent. The Board accepted this report as
informational.
Twenty-Year Case Study of Tuberculosis Cases in Beverly
The Board of Health discussed the detailed report which was compiled by Mrs. Ethel L. Turenne,
Public Health Nurse, and wished to indicate via these minutes that she is to be commended for an
excellent job.
Collection or Garbage and Rubbish
The Board of Health discussed our report of last year (See minutes September and October 1971)
and on a motion made and seconded unanimously to request Mayor Grimes to begin studying our
report so that the program can be implemented before the present garbage collection contracts expire
in March of 1973.
Meeting adjourned at 8:00 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Director of Public Health