By Journal Staff
The Revere Board of Health voted last Thursday at an emotion-filled meeting to condemn the 13-story Water’s Edge Apartment building at 364 Ocean Ave., leaving the long-troubled building’s 41 remaining tenants in the 91-unit building, many of whom are senior citizens and others with young children, facing the prospect of a serious disruption to their lives, if not homelessness.
On hand for the session were chair Dr. Drew Bunker and fellow members Kathleen Savage and Viviana Catano.
Outside city counsel Paul Tellier of D’Ambrosio LLP presented the city’s unambiguous position that the building must be condemned because of health and safety reasons that pose a risk both to the residents and the surrounding area.
“We’re for one reason,” said Tellier. “Water’s Edge Limited and Evelyn Carabetta (the property’s owner and manager) have utterly failed to satisfy the minimum standards for the health, safety, and well-being of their tenants under the state sanitary code. They have had an egregious history and repeated code violations.
“Over the past 20 months, Water’s Edge has failed to take action,” Tellier charged. “The residents are living in a moldy, rat-infested building with no fire alarm and no fire safety system. They have not paid their contractors or paid the city of Revere for the 24/7 fire protection in the building. They have not paid their taxes and they are delinquent on its mortgage.
“You have no choice tonight,” Tellier continued. “Condemnation is necessary for the protection of the residents and the city at large. This property has a long and sordid history of code violations dating back to 2017, including non-functioning life safety systems. The city issued an order to correct the problems on August 2, 2017, but those issues have not been corrected, particularly relating to the fire safety systems, with only minimal repairs since that time.”
He noted that in November of 2018, there was a water damage issue at which time the Fire Dept. observed that the fire panel no longer was functional in the high-rise building, which was one of the first buildings to be completed in the redevelopment of Revere Beach in the mid-1980s. City officials ordered the owners to hire a Fire Watch, which has meant that a Revere firefighter has been on the premises 24/7 at Water Edge’s expense in order to monitor the building for fire.
Then on December 21, 2022, the city issued a new Order to Correct, citing a number of public health and safety violations, including that the fire alarm panel and fire pump were inoperable and needed a complete replacement. In addition, numerous sprinkler heads were corroded and were not working.
“We understand the terrible situation the tenants are in — we are on their side,” said Tellier. “We had hoped that Water’s Edge would follow through with their promises. However, we cannot delay the inevitable or risk the lives and safety of these tenants. The owner must provide the tenants with comparable, suitable housing. Water’s Edge has no one to blame but itself,” he concluded.
Joshua Loveall, Tellier’s co-counsel, introduced the city’s three witnesses.
Michael Wells, the city’s Inspectional Services Director (ISD), told the board that his department issued a a 34-page Order to Correct Violations on December 21, 2022, which included the following problems: the need to replace the fire panel; the fire pump was not working; sprinkler heads were not working; there were holes in the sheetrock and at other places in the building; there was evidence of mold and a rodent infestation; and the trash chute was blocked.
“We also are dealing with the same issues at the building next door, owned by the same owners, which is vacant. We have been trying in vain to work with them, to get the building back up to code. All of these violations are in effect today. The property is unfit for human habitation,” Wells concluded.
Deputy Fire Chief Paul Cheever reiterated and reinforced the issues brought to light by Wells. “I first informed the owners in 2017 that they needed to replace their fire alarm system,” said Cheever, who said that the December, 2022, Order to Correct also made note of the “compromised conditions of the fire alarm system.”
Cheever stated that there have been four fires in the building (of which two were in an adjacent parking garage where a homeless encampment has been set up) in recent months and the Revere F.D. has responded a total of 85 times to emergencies in the building, of which only 12 were for medical issues. He also noted that given the current condition of the water pump system, it is likely that water would reach no higher than the sixth floor in the event of an emergency.
“These violations are serious and are a threat to the health and safety of the occupants and the residents of the city,” said Cheever.
Louis Cavagnaro, the city’s Building Inspector, also testified to the many code violations and the owners’ failure to remediate them, noting that many of the issues were similar to the twin building at 370 Ocean Ave. He alleged that contractors hired by the owner, who applied for a building permit in February, 2024, did not appear to be qualified for the work to be done and were unaware of all of the serious problems at the building.
After the city presented its case, the lawyer representing the owner, David Frye, raised a number of procedural issues which, he asserted, mandate a dismissal of the city’s condemnation proceedings. He noted that the city’s condemnation proceeding is untimely because it was not brought within 45 days of the Order to Correct that was issued in December, 2022. Frye also said that none of the various reports and orders from city officials were signed under oath (and none of the witnesses at the hearing were sworn in) and suggested that the city’s attorney, rather than an official from the Fire Dept., prepared the Fire Dept.’s report.
He also said that all of the financial issues raised by the city’s counsel are irrelevant and that there is a receivership case in the Housing Court with a court date in September. Most significantly, Frye charged that “the failure by Water’s Edge to pay the city for the admittedly outstanding invoices for the Fire Watch is the true motivating factor in the city’s moving forward to condemn at this time.”
Frye also noted that corrective work has been done to address the problems raised in the December, 2022, report. He said that the fire alarm system is functioning and that the city did not allow a permit to be issued to repair the fire pump. He also said that the mold issue has been addressed and there presently is no mold on the property.
“We do not want an immediate condemnation order to be issued because it will leave these tenants without a place to live,” Frye said. “My client has a right to due process, as do the tenants and the lienholders. The city wants to rush forward on its December 21, 2022, order, but it has not produced any evidence of a follow-up report” that would inform the board of the present condition of the property.
Frye presented a witness from a fire protection company who told the board, “The fire detection system is in working order and transmits to the Revere Fire Dept.,” and noted that similar systems in buildings throughout the city that are 40 years old have similar problems with their aging systems.
Another witness for the owner told the board that he has been involved with the building since 2017 and that “134 certificates of fitness for occupancy were issued by the city’s ISD” in that time period, which suggests that the problems cited in the Order to Correct do not make the building uninhabitable.
The board also heard from a number of tenants, many of whom have been there for many years. Atty. Andrew Berger, representing the tenants, said, “They are very concerned. They want a working fire alarm system, but they are concerned that a condemnation order will cause undue hardship.”
The tenants then spoke, making oftentimes emotional pleas for the board to take into account their plight. One tenant, who has been there since 2016 and who places her young child in a nearby daycare center each day before she goes to work, told the board, “This will jeopardize my entire life. We need a reasonable time to move somewhere else. This is going to harm all of us.”
Another tenant, who said she is expecting a child shortly, said she “feels sick that this is happening.”
A third tenant, who previously lived at 370 Ocean Ave. and was removed from that building, cited a lack of communication from the city regarding the sudden move to condemn the building.
Another tenant, a senior citizen, gave an impassioned speech to the board and asked them not to condemn the building.
“The building has problems, but it should not be condemned,” she said, noting that many of the problems have been fixed. “This will leave hundreds of people homeless. Make this right for us. We’ve done nothing wrong. If everyone is so concerned about us, why did you wait almost two years to take action on this report? I’ve never seen a rat in my apartment. What is being said is all lies. This is our home. I don’t want more time! We want our home! Do things right by us! This has only come about only because the city has not been paid for the fire detail. Shame on all of you for putting us out in the street!”
Another resident asked the board members “to give some serious thought to this moment we’re experiencing right now. The housing crisis is of an epic proportion. Rents in the city of Revere are out of control and what we have right now is the only place we can afford. If you are going to move to condemn the building, take into account the many challenges we’ll be facing and do so in a thoughtful way so we do it on our own terms. Don’t make us join the many homeless people in this area. People who live in this building are working people. To move anywhere right now is $15,000 with all of the fees. Do not put working people out on the streets.”
The owner of a hair salon on the ground floor, who has operated his business there for 28 years, said he had received no notice of the condemnation. “If you do go the way of condemnation, maybe you work something out, one last try for them, and give us ample time. If not, I will be put out of business.”
Another resident who has lived there for seven years with his wife, who has cancer, and who himself is a disabled vet who was a Marine for two tours in Vietnam, said, “I can only hope that you will give us some time. My poor wife cries every day. You’re going to put a disabled vet on the street? Will you at least tell us tonight how much time we’ll have before we have to move out?”
However, the board members themselves appeared uncertain as to what the process will be going forward and did not provide any clear answers to assure the tenants that they will have a new home or in what time frame.
When Bunker asked the city’s counsel “to clarify the condemnation process,” he was told that it would be “at the discretion of the Board of Health and the city” to determine when the tenants must vacate the building.
“The city is not going to turn its back on the tenants and there is a process to go through if there is a vote to condemn,” said Lauren Buck, the city’s Director of Public Health.
“It’s up to us to work with the city,” said Bunker. “This is very hard in so many ways. It doesn’t feel right making a decision of this magnitude, but there are so many regulations and laws that we have to follow.”
“I really feel for the tenants,” said Catano. “You are the victims of the neglect of this property owner. You have been paying rent and not receiving a safe place to live. You cannot be assured that the sprinkler system will work or that the fire pump will work. It seems that the landlord has been dragging their feet for seven years and I do not hear from their attorney that what has been done is enough to make you feel safe in your homes.”
“I also have concerns with the violations and I worry about the health concerns, molds and health conditions,” said Savage. “I’m assuming that a plan will be made.”
“This has not happened suddenly,” said Bunker. “No one should have to feel what you are feeling right now. But we have our duty to protect here at the Board of Health. This decision was never going to be easy. I think we should go ahead with the condemnation. I know what a fire can do to a person’s health. I feel that based on all of the facts, a condemnation is the only way to make a change happen. I’m aware that we are affecting people’s lives, but we absolutely will not be putting people out on the street. We will work to make sure this is done gracefully and with dignity and in a way that protects them.”
“I agree,” said Catano. “I don’t see another way other than condemning the building. I’m very sorry to all of the tenants. There is a homeless encampment in one of your garages. You need a safe place to live. I hope we can work with the tenants to give them ample time to find housing.”
“It sounds like the residents are not in a safe situation and I agree with the option,” added Savage.
The members then voted unanimously to condemn the building.
Prior to the condemnation hearing, Buck presented the monthly communicable disease report. Buck said that there were 106 confirmed COVID cases in the city in August. “This was slightly higher than expected,” said Buck. “This is just another reminder that we are coming up on flu and COVID season and everyone should plan on getting their flu and COVID shots.”
Buck also noted that there was a suspected case of West Nile virus in the city and that the state has placed Revere in the “moderate risk” category for West Nile, which is transmitted to humans by mosquitoes.
Wells presented his monthly report, noting that his department performed 167 certificates of fitness, 20 reinspections, 13 interior complaints, three interior complaint inspections, and four interior reinspections.
In the food division, there were 48 routine inspections, 10 reinspections, three complaint inspections, and one pre-opening inspection.
The exterior sanitation division issued 123 violations for accumulation of litter, trash, and debris, three for carts out at improper times, 49 for overflowing dumpsters, 483 for improper placement of garbage, trash, and improper bulky items, 46 for improper storage of garbage and trash, two for junk heaps, one for multiple unregistered vehicles, and 68 for unclean and unsanitary land, principally for overgrowth.
Mayor Patrick Keefe released the following statement regarding the condemnation:
The Board of Health took necessary action in condemning 364 Ocean Avenue, and I am grateful for the careful consideration they have given to this matter. After two years of attempts to work with this property owner to make the necessary improvements and ensure the safety of this building, it has become very clear that they have no intention to do so. Enough is enough.
The City of Revere will not allow negligent property owners to put the health and safety of Revere residents at risk. Waters Edge Limited Partnership has created an unimaginably difficult situation for their tenants, and displayed a total disregard for their wellbeing and dignity. In the absence of any cooperation from these property owners, the City will continue to work directly with residents to support them in finding safe housing.
The residents of 364 Ocean Avenue have asked for a thoughtful approach to this condemnation, and we will do just that, allowing for the proper time to support careful relocation. We will not turn our backs on these residents. Our team and advocates have been on the ground for the past month, working to provide the necessary assistance and resources to those affected.
The City of Revere will continue to staff the building with 24-hour fire personnel, regardless of the owner’s unwillingness to cooperate with and pay for this City resource, as obligated under the law.
