Health Board Upholds Two Decisions by ISD

By Journal Staff

The Revere Board of Health held its first regular monthly meeting since September last Thursday, January 22, in the City Council Chambers. Chair Dr. Drew Bunker, Kathleen Savage, and Viviana Catano were on hand for the session, along with Director of Public Health Lauren Buck and Health Agent/Director of the Inspectional Services Department (ISD) Michael Wells.

Buck presented the Public Health Communicable Disease monthly report. Buck said that the influenza season is reaching its peak with 452 confirmed cases in Revere over the past four months. Patients ranged in age from two months to 100 years old.

“This number is extremely high,” said Buck, which she said is in keeping with national trends.”This has been the highest rate we’ve seen in six years.” She noted that vaccination rates have declined, especially among children, which have resulted in high hospitalization rates and four deaths of children in Massachusetts.

Buck added that vaccines can reduce hospitalization rates by up to 75% among children and 35% among older adults.

In addition, Buck said there have been 146 confirmed cases of COVID-19 in the city.

Buck also touched on the child immunization schedule that has been changed by the new federal government administration which, she said, represents a shift away from population-prevention and toward individual risk assessment. However, the American Academy of Pediatrics still is recommending the old immunization schedule and the state of Mass. is following the academy’s recommendations.

Bunker reminded residents that it is not too late to obtain a flu shot. “As a primary care doctor, I’m still recommending it,” Bunker said.

Wells presented the ISD report for January. Wells said that ISD issued 84 certificates of fitness for housing units; performed 26 reinspections; conducted eight new interior complaints, with an additional one in progress; and performed two interior complaint reinspections.

In the food department, ISD performed 15 routine food inspections, one reinspection, one complaint inspection, three pre-opening inspections, and two temporary food inspections.

In the exterior sanitation division, ISD agents issued 270 total citations for trash violations;  27 for overflowing dumpsters;  10 for sump pump/snow and ice violations; four for junk heaps, dumps, and automobile graveyards; and two for unsafe structures.

Wells also reminded residents and business owners that they have an obligation to clear the snow from the sidewalks in front of their homes and businesses within 24 hours of a storm.

The board then conducted appeals of vacant property determinations by the owners of the residential property at 42 Bates St. and the commercial property at 321 Revere St.

The city requires that owners of vacant properties must register them with the city and pay a registration fee. The owners of both properties argued that their properties were not vacant and therefore they should not be subject to the fee.

The owner of 42 Bates Ave., Mr. William Buonopane, told the members that he has been diagnosed with Parkinson’s Disease and has been reluctant to live alone, which has prompted him to live with his girlfriend at her house. He acknowledged that four vehicles are parked in the driveway, one of which is unregistered and one of which protrudes into the sidewalk. He said he is hoping to remove a fence which then would allow him to park all of the cars within the property.

He also acknowledged that the building has not been painted in many years, but that he will be meeting with a painter shortly to correct the “rundown nature” of the property. He also acknowledged that hedges had been protruding onto the sidewalk, but they have been cut back.

“The property has been in the family for a number of years, but I am the only one left,” he said. “I am there several times a week to check on the property and spend hours at a time there, though I have not slept overnight in several months. The house is still fully-furnished.”

He also asked that if the board deems it to be vacant, that the fee for being a vacant property be reduced to $500 instead of the $1000 fee for the first year that escalates to $1500 for the second year.

Wells pointed out that, “Mr. Buonopane going there for some number of hours per week does not count as being occupied” and that the fee is set by the ordinance. He also noted that Mr. Buonopane has not been fined for his violations of the ordinance pertaining to having more than one unregistered vehicle on the property.

All three of the board members queried whether Mr. Buonopane could be granted some leniency to give him some time to take care of the problems, especially since he seems to be addressing them.

The members then voted to grant Mr. Buonopane a waiver for one year until next September, when the city will be conducting its annual review of vacant properties.

The board next turned its attention to  the commercial property at 321 Revere St. at the corner of Shurtleff St. The property at one time was the location of the well-known Fleetwood Recording Studios.

“This property is being maintained,” said Wells, “but it does meet the definition of a vacant commercial property. It has sat there for a number of years without a business being operated there.”

Gerard Simon, a Foxborough resident who is the owner of the property and was the former proprietor of Fleetwood Recording Studios, appeared before the board. He said the building has been used as his own private studio for the past 15 years and he still has recording equipment there. In addition, he said he has security cameras on the premises.

Wells then said that the ordinance requires that a lawfully-licensed business (as opposed to being used simply for personal use) must be operated on the premises of a commercial property or it will be deemed “vacant.”

After some back-and-forth among Wells, Mr. Simon, and the commissioners, the board voted unanimously to deny the appeal and to uphold the imposition of the vacant building registration fee.

The board then took up an appeal of an Order to Correct that the ISD issued for the newly-constructed 347-unit, Madera apartment complex at 548 Revere Beach Boulevard.

The problem that resulted in the Order to Correct related to the design of the railings for the 146 units in the complex that have balconies. The railings have horizontal balusters (as opposed to the traditional vertical balusters), a design that is not permitted under state law pursuant to a recent regulation.

Wells said that the ISD housing inspector, Ricky LaCentra, “observed that on the exterior balconies, the railings were installed in a horizontal manner on the exterior balusters. The horizontal railings present a danger because they present a climbing risk for young children because of their ladder-like structure.”

LaCentra then told the board that horizontal balusters are not permitted pursuant to the state building code.

In the meantime, Wells said, occupancy permits will be issued for the units in the complex without balconies. In addition, the ISD has agreed to issue permits for units with balconies as they are brought into compliance.

Tim Alexander with Mill Creek Residential, the developer of the property, appeared with members of his team, asking the board to allow Mill Creek to rent the balcony units, prior to the repair, but with the balcony doors sealed shut so tenants will not have access.

“We’re here to work collaboratively with the city, as we have for the past six years,” said Alexander. “We’re not appealing the city’s decision, but are seeking time to correct the horizontal railing issue.”

An architect for the company said Madera is proposing the installation of a riveted panel that will eliminate the “ladder” problem. However, he said that obtaining the panels for the 146 units that require them will take some time for fabrication and installation. He said until the panels are installed, the doors to the balconies will be sealed shut and tenants will have to agree not to access the balconies. He said the estimated time frame for completion for all 146 units is late May.

Bunker asked LaCentra for his view on the proposal. LaCentra said the proposed solution of installing the panels would appear to be sufficient, but questioned whether the balcony access doors truly could be shut to prevent access prior to the installation of the panels. He also noted that other building owners in the city are being required to correct similar issues with their balconies.

“I understand the investment, but no investment is worth safety,” said Wells. “It is ISD’s recommendation that our safety recommendations be upheld.”

After a brief discussion by the board members, their consensus was to uphold ISD’s decision not to issue certificates of occupancy for units with the ladder-style baluster balconies until the issue is corrected.

However, LaCentra said that if the locks on the balcony doors can be guaranteed not to open, ISD may be willing to issue the certificates of occupancy prior to installation of the panels, and if that is the case, ISD will return to the Health Board for its approval.

The board’s final action of the night voted to issue renewals of a number of Body Art Licenses for 2026. Buck informed the board that inspections had been conducted by her office and the applicants had met the requirements to receive their licenses.

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