1973-05-17City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: May 17, 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, Thomas Bussone II, Assistant City
Solicitor, Leo Panunzio, Milk and Food Inspector, and Robert Russo, Plumbing Inspector
Recorder: Joseph W. Walsh, Jr.
BOARD OF HEALTH - MONTHLY MEETING - MAY 17. 1973
Meeting called to order at 6:30 p.m. Members present were Dr. J. H. Fine, Chairman; Angelo R.
Massa and A. Joseph Callahan, Jr.
Also attending were Joseph W. Walsh, Jr., Director; Thomas Bussone II, Assistant City Solicitor; Leo
L. Panunzio, Milk and Food Inspector; and Robert Russo, Plumbing Inspector.
The minutes of the April 12, 1973 meeting were accepted as mailed. The momhly bill schedules were
signed prior to the meeting and the momhly reports of the various staff members were read.
OLD BUSINESS
Sanitarian's Exam
The Director told the Board that the civil service test date for the Sanitarian's position had been set
for June 16, 1973 and the test announcement included the pre-requisite of being registered as a
Sanitarian to being eligible to take the examination.
The Board accepted this report as informational.
Clinics
The Director reported to the Board that the Lazy-Eye ( Amblyopia) Clinic, Rubella ( German Measles )
and Mumps Clinic, and the Diphtheria Tetanus Clinic, were all a success. He also stated that from all
indications the heating clinic is going to be a great success also.
Mr. Walsh told the Board that the credit for the success of these clinics should go to the many
volunteers and co-sponsors of the clinics in addition to the health department staff. A statistical report
of all four clinics will be available in June.
The Board accepted this report as informational.
Combined Collection of Garbage and Rubbish
The Director reported to the Board that the combination of garbage and rubbish program is
progressing smoothly and the transition from separate collections to a joint collection is a success.
Mr. Walsh stated that during the past month not a single citizen or public works department
complaint was recorded by the Board of Health Office.
The board accepted this report as one of progress.
Housing
The Director told the Board that he and the Assistant City Sohcitor are working together to try via
the use of certain general laws to remove two structures owned by Mr. James Cullivan and numbered
9 and 11 Central Court, Beverly, Massachusetts.
The Director read to the Board correspondence produced from the Fire Chief stating that "these two
buildings be demolished in the best interest of public safety".
The Board instructed the Director to continue to seek the proper legal avenues available for the
demolition of the two structures and submit a report at the June meeting.
NEW BUSINESS
Application to Stable a Horse
The Director read the following letter from Mr. Emile Belanger of 37 Millbrook Road, Beverly,
Massachusetts requesting permission to stable one horse on his property.
"5/10/73
To the Director of the Board of Health,
I am requesting for a permit to board one horse on my land at 37 Millbrook Road.
Land and boarding area are shown on diagram enclosed with this letter.
Feed hay and shavings to be stored on premises are as listed below.
3 bales of hay
3 bales of shavings
200 lbs. of feed
water supply - tap water
I am also requesting at this time for a dump permit to discard all waste material, once or twice a
week, conditions demanding.
Thank you.
(signed) Emile Belanger"
The Director reported that letters were sent to the four direct abutters and three indirect abutters
apprising them of Mr. Belanger's request and soliciting their opinion regarding the issuance of said
permit.
Mr. Walsh read to the Board six letters of opposition from the the following individuals: Eugene
Comeau, 35 Millbrook Road; Edmund Michalski, 29 Millbrook Road; Hyman Rubenstein, 15 Scenna
Road; Warren Chouinard, 28 Millbrook Road, Cosmo Sisto, Jr., 30 Millbrook Road, James Powers,
32 Millbrook Road; no reply was received from Mr. Lawrence W. Gallant, 17 Scenna Road; and an
adverse report from Mr. Ernest Curelli, Sanitarian for the Health Department.
The Board of Health on a motion made and seconded unanimously voted not to issue a permit to
stable a horse at 37 Millbrook Road to Mr. Emile Belanger.
Dental Clinic
The Director told the Board that a local dentist, Dr. Maurice Cutler, had donated to our Dental Clinic
his used office equipment consisting of an x-ray unit, dental chair, a combination cabinet and sink,
two compressors and dental drill. Mr. Walsh explained that during the summer vacation period the
new equipment will be installed. Mr. Walsh also told the Board that he had sent an appropriate letter
of thanks to Dr. Cutler.
The Board accepted this report as informational.
High Rise Apartment Application
Mr. John T. Whitaker, Building Inspector, met with the Board to discuss an application for
construction of high rise apartment buildings for elderly persons of low or moderate income to be
located at 47-49 Bow Street and 215-235 Rantoul Street. He has also received a second application
for construction of high rise apartment building for the elderly and the handicapped to be located at
17 Stone Street.
The Board of Health discussed with the building inspector and Assistant City Solicitor just what their
responsibilities and what areas of control the Board of Health has in the granting of a variance to
allow construction of both buildings.
The Board of Health determined that their responsibility was to insure that an adequate sewerage
disposal system and adequate water supply was readily available for both buildings.
The Board of Health instructed the Director to send the appropriate letter to the Zoning Board of
Appeals apprising them of their opinion and for him to represent the Board at both Zoning Board
meetings.
407-411 Cabot St.
The Milk and Food Inspector read the following letter sent to Mr. Bernard Goldberg, owner of the
shopping plaza:
"Mayl 1, 1973
Samuel Goldberg & Son
75 Elliott Street
Beverly, MA
Att: Mr. Bernard Goldberg
Dear Sir:
On the many inspections that I have made at your shopping plaza located at 407-411 Cabot Street,
Beverly, Massachusetts, I have observed more often than not, a deplorable condition in the parking
lot, e.g. refuse and litter.
Conversations with licensees, Dunkin Donuts, Beverly Fruitland, and Kentucky Chicken informed
me that responsibility and obligation to maintaining the outside premises is limited to the marquee
only, not the parking lot.
I am recommending to the Board of Health the taking of necessary steps to rectify this situation under
Article II, Section 15.5 of the State Sanitary Code.
Very truly yours,
BOARD OF HEALTH
(signed)Leo L. Panunzio
Milk and Food Inspector
P/d
co: Board of Health,,
The Board discussed the conditions of the parking lot and number of citizen complaints regarding the
refuse and litter strewn in the parking lot with the Milk and Food Inspector. The Board instructed Mr.
Panunzio to send immediately a very strenuous compliance order to Mr. Goldberg. The Board further
instructed the Milk and Food Inspector that should Mr. Goldberg fall to comply then the Director
should request him to appear before the Board of Health to show just cause why a complaint should
not be filed in the District Court against him.
Landmark School
The Milk and Food Inspector read the following letter to the Board of Health:
"Apri118,1973
Board of Health
City Hall
Beverly, Massachusetts
Gentlemen:
I would like to call to your attention, a situation at the Landmark School, Hale Street, Beverly, which
I believe needs correcting.
When this school first applied for a food service permit, we were talking about sixty (60) children plus
personnel, to be serviced by the kitchen facilities. This number is now up to approximately two
hundred (200).
Because of poor kitchen layout and the constant expanding and growth population of the school, we
have a continuous condition of unauthorized personnel in the kitchen, clutter, improper disposal of
refuse and what appears to be a lack of knowledge of the Sanitary Code. I cannot hold the chef
responsible for this situation.
I believe we should call in the administrators of this school and ask for a definite plan for remodelling
to accomodate, in a proper manner, a large number of people and try to ascertain the future growth
of this establishment.
Very truly yours,
(signed) Leo L. Panunzio
Milk and Food Inspector"
The Board of Health discussed with the Milk and Food Inspector the problems of overcrowding and
poor kitchen layout and requested him to make an evaluation of the facilities and submit his
recommendations to the Board prior to the next meeting.
The Board of Health on a motion made and seconded unanimously voted to request Dr. & Mrs.
Drake, owners of Landmark School, to appear at the June Board meeting to discuss their plans for
expanding their kitchen facilities to accomodate the increased enrollment at their school.
Monthly Reports
The Board of Health sent the following letter to Mr. Robert Russo, Plumbing Inspector, for the
department.
"May 4, 1973
Mr. Robert Russo
Plumbing Inspector
City Hall
Beverly, Massachusetts 01915
Dear Mr. Russo:
This is to inform you that the Beverly Board of Health has noted that you have been in violation of
Rule #2 of the Departmental and Regulations to wit:
2. Reports to the Board
All written reports or other written notices which are to be submitted by any individual employee to
the Board of Health shall be presented to the Director the day before the scheduled meeting.
All staff members shall be required to submit to the Director the day before a scheduled Board
meeting a detailed in-depth written report of their activities. This report shall include detailed daily
reports which can be summarized on the monthly report.
These reports should include, but not be limited to: place of inspection, date, time, disposition, etc.
All employees shall be held responsible for the factual content of their weekly and monthly reports,
as submitted to the Board of Health.
This violation has occurred from the time period beginning January 1, 1973 to March 31, 1973.
Therefore, we request your presence at the May 17, 1973 Board of Health meeting so that we may
hear your reasons and explanations for not complying with Regulation #2 of the Departmental Rules
and Regulations.
Very truly yours,
(signed) Jacob H. Fine, Chairman
A. Joseph Callahan, Jr., Member
Angelo R. Massa, Member"
Mr. Russo explained to the Board that he felt that it was not necessary for him to make out daily
reports of his activities as requested by the Board of Health.
He submitted to substantiate his belief numerous plumbing forms, cards, and receipts and inspection
tags to indicate that in his opinion he was being buffed with paperwork and refused to add any more
forms to his load.
One of the Board members rebutted Mr. Russo's statement by discussing each form with him, and it
was revealed during this question period that persons other than the plumbing inspector made out the
forms, and in fact the only form made out by him was the green inspection tag.
Mr. Robert Russo, Plumbing Inspector, told the Beverly Board of Health he refused to comply with
the Board's request of filling out daily reports. When questioned further regarding his failure to
comply with Regulation 2 of the Health Department Employee Rules and Regulations, Mr. Russo
stated adamantly that he refused to fill out any more forms and would not fill out daily reports.
The Board dismissed Mr. Russo, and on a motion made and seconded, unanimously voted to send
Mr. Robert Russo, Plumbing Inspector, an official reprimand with a copy to be sent to Civil Service
for his refusal to comply with Regulation 2 of the departmental Rules and Regulations.
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Director of Public Health