1973-01-04City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: January 4, 1973
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, Leo Panunzio, Milk and Food
Inspector, Robert Russo, Plumbing and Sanitary Inspector, and Alfred J. Semple and Anthony
Ventresca, Code Enfomement Inspectors
Recorder: Joseph W. Walsh, Jr.
BOARD OF HEALTH - MONTHLY MEETING - JANUARY 4, 1973
Meeting called to order at 6:25 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; Robert Russo, Plumbing and Sanitary
Inspector;. Leo L. Panunzio, Milk and Food Inspector; Alfred J. Semple and Anthony Ventresca,
Code Enforcement Inspectors; and David Amory, Beverly Times reporter.
The minutes of the December 7, 1972 meeting and the Special Meeting of Friday, December 22,
1972 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 and Rubbish
Director informed the Board of Health that the publicity campaign regarding the new collection
system has begun. The mass mailing of our information pamphlet by the school department is
scheduled for the week of January 8, 1973. The Director told the Board that the school department
was going to include our pamphlet in their quarterly mailing, of their newsletter "The Horizon."
Mr. Walsh also explained the radio announcements, press releases, and advertisements are being
prepared and will be released at a later date.
138 Livingstone Avenue
The Director reported that the court had ruled in favor of the Board of Health regarding their order
(See minutes of March 1971 ) to the owner of said property.
The Director explained to the Board that the presiding justice had deferred his final ruling until
January 26, 1973, giving him time to research state equity laws relative to the city and property
owner's respective responsibilities regarding connecting 138 Livingstone Avenue to the municipal
sewer.
The Board accepted this report as informational.
Land Survey at Municipal Landfill
The Director sent the following letter from the Finance and Property Committee and attached letter
from Mayor Herbert F. Grimes to the Board of Aldermen dated September 18, 1972.
December 17, 1972
Mr. Joseph Walsh, Jr.
Director of Health
City Hall
Beverly, Mass. 01915
Dear Mr. Walsh:
The Committee on Finance and Property requested an opinion and recommendation from the Board
of Health, relative to the attached letter from His Honor the Mayor to the Board of Aldermen,
relating to the transfer of land from the City of Beverly to the YMCA, with the future intent to be
used as a dumping area.
Very truly yours,
(signed) Walter V. Doyle
Clerk of Committees
September 18, 1972
To the Honorable Board of Aldermen
City of Beverly
Gentlemen:
I hereby recommend the City of Beverly transfer a portion of land shown as Parcel C-2 on attached
plan, containing 11.22 acres, more or less running from Essex Street to the City's solid waste
disposal area, to the YMCA, in exchange for a parcel of land belonging to the YMCA containing
10.09 acres, more or less, shown on attached plan as Parcel D.
This exchange of properties will complete the intended purposes of land taking from Gertrude A.
and Ruth Lynch Burke for dumping purposes, executed in 1971, and will provide additional dumping
area for the City of Beverly, as well as provide a beneficial strip of land to the YMCA for its building
program. Said exchange of properties have previously been approved by intent, by a previous Board
and the current Board of Directors of the YMCA.
Very truly yours,
(signed) Herbert F. Grimes, Mayor
The Board discussed the Finance and Property Committee's request and on a motion made and
seconded voted unanimously "that the land referred to in Mayor Herbert F. Grimes' correspondence
to the Board of Aldermen dated September 18, 1972 was in the opinion of the Board of Health
unsuitable for a sanitary landfill site."
The Board instructed the Director to send a copy of their notice to the Finance and Property
Committee.
Proposed Senior Citizens' Flu Clinic
The Director reported to the Board that he had been in contact with Dr. George Waterman of the
Massachusetts Department of Public Health who explained that the City of Beverly through a
contract the Commonwealth of Massachusetts has with the Wyeth Company could obtain flu vaccine
at one half (V2) the commercial cost. The Director told the Board that he intends to discuss with
Mayor Grimes the possibility of his increasing our clinic budgetary request to include enough funds
to provide a flu clinic for senior citizens in the fall of 1973. The Board accepted this report as
informational.
Old Fort Estates Sub-Division
The Board of Health discussed the following report of percolation testing submitted by Mr. Frank
Hancock of Essex Survey Service of percolation tests taken on lots 2, 3, 5, 6, 7, and 8 on December 28,
1972.
"December 18, 1972
Board of Health
City Hall
191 Cabot Street
Beverly, Mass. 01915
Gentlemen:
At your request this office has performed additional soil examinations and percolation tests on lots
2,3,5,6,7, and 8, as shown on a plan by Essex Survey Service, Inc., entitled Subdivision Plan of Old
Fort Estates in Beverly, dated Oct. 31, 1972. Specific reference is made to sheet 3 of 3 revised
December 5, 1972, December 7, 1972 and December 28, 1972, for location of these percolation tests
and soil examinations.
The tests were conducted by Essex Survey Service Inc., represented Frank C. Hancock, R.P.E.,
Erland S. Townsend, Jr., R.P.E., James H. MacDowell, B.S.C.E., and Paul J. Pronco, in the presence
of Robert Russo, Health Agent for the City of Beverly, and Angelo Massa, of the Board of Health
of the City of Beverly.
The results were as follows:
Lot Number
Percolation Rate
2 1 "/10 minutes
3 1 "/45 seconds
5 1 "/20 seconds
6 1 "/15 minutes
7 1 "/15 minutes
8 1 "/15 minutes
The test holes were pre-soaked for a minimum of one (1) hour prior to testing. The rates shown were
an average for a three (3) inch drop.
If you have any questions regarding this matter, please contact us at any time.
Very truly yours,
Essex Survey Service, Inc.
(signed) Frank C. Hancock"
The Board discussed with the Sanitary Inspector the various options of the Board of Health to inspect
the sub-division and their option to request more specific information relative to soil conditions,
percolation tests, etc.
When Board asked if the Sanitary Inspector had been physically present to witness the percolation
tests done on December 28, 1972, he answered the Board's question negatively.
The Director introduced the following letter from Mr. Bertram Glovsky, for the residents of Paine
Avenue:
"January 4, 1973
Board of Health
City Hall
Beverly, Massachusetts 01915
I represent John Serafini and other residents who reside in the Paine Avenue section of Beverly. I
previously appeared before your Board at the time of your hearing of the application of Paul Rhuda
for approval of the sub-division plan of Old Fort Estates. I understand that the results of percolation
tests taken in late December 1972, are now before you for consideration. Before any action is taken
with respect to the results of the tests submitted to you since the hearing, request is hereby made that
you defer any further action in connection with the approval of the subject sub-division for a least
one week to give me an opportunity to have the test data analyzed.
Very truly yours,
GLOVSKY & GLOVSKY
(signed) Bertram Glovsky"
The Board accepted this letter as informational and decided not to take any action on his request at
this time.
The Board of Health discussed the opinion rendered by the Law Department to the Planning Board
and on a motion made and seconded voted unanimously to defer any further action regarding the Old
Fort Estates Sub-division pending receipt of a written opinion from the City Solicitor regarding what
they based their decision to the Planning Board on approving the sub-division.
NEW BUSINESS
Mental Health
The Director told the Board that he had received a letter from the Greater Cape Ann Human
Services, Inc. of Gloucester, Massachusetts requesting their 1973-74 appropriation from the City be
increased from $10,000.00 to $12,183.00 for 12 months or for an 18 month appropriation of
$18,761.00.
The Board discussed the request and decided that the $10,000.00 for 12 months or $15,000.00 for
18 months as voted by them at their annual budget meeting.
Vestry Street Resident's Petition
Mr. Leo L. Panunzio acting as a private citizen submitted a petition from forty (40) residents of the
Vestry Street neighborhood requesting the Board of Health take the appropriate action necessary to
demolish 27 1/2 and 29 Vestry Street owned by Kanter Realty Trust. The group pointed out to the
Board that this is the second petition submitted by them to the Board in the past four years.
The Board of Health discussed the petition, reviewed the departmental file, on a motion made and
seconded voted unanimously to order Kanter Realty Trust, owner of 27 ½ and 29 Vestry Street,
Beverly, Massachusetts to demolish said structures within forty-five (45) days. The Board further
voted that failure of Kanter Realty Trust to comply with their order will result in the Board of Health
as authorized by Article 2 of the Massachusetts Sanitary Code, Regulation 37.4, demolishing said
structure and attaching a lien the property.
Daily Reports
The Board of Health discussed a letter sent to them by the Milk and Food Inspector requiring each
staff member to maintain daily reports and file these reports with their monthly report to the Board
of Health.
The Board of Health explained the reason for this request to the Milk and Food Inspector and
re-affirmed their decision to require the use of daily reports and expect conformance by all staff
members.
Workable Program
The Board of Health discussed the workable program and the present status of housing code
enforcement in Beverly, wonder if the apparent lack of federally funded housing programs still
requires the City to maintain an active workable program.
The Board instructed the Director to research the need, if any, for a workable program and report his
findings to them at the next Board meeting.
Chairman
Dr. Fine was unanimously elected Chairman for 1973.
Meeting adjoumed at 8:20 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Director of Public Health