Health board grants one-year waiver to homeowner, deny appeals over vacant property rules and balcony violations

By Barbara Taormina

The Revere Board of Health heard appeals from residents for violations from the city’s Inspectional Services for failing to register their properties as vacant property.

Registering a vacant residential or commercial property comes with an initial $500 fee which increases substantially with each billing cycle.

Director of Municipal Inspections Michael Wells told the board that vacant properties are public safety risks vulnerable to break ins and other crimes. Wells said his department tracks down vacant buildings by reviewing water bills. Low usage suggests vacancy.

The first appeal of a failure to register violation came from Bates Street resident William Buonopane.

Wells told the board that in addition to the registration issue, the Bates Street house needs paint and had a “blighted” appearance. The hedges also need to be cut back and there are several vehicles parked on the property, one of which protrudes onto the sidewalk.

“I have been diagnosed with Parkinson Disease,” Buonopane told the board. “I do not like to stay alone at night,” he said adding he stays with a friend. He admitted the house needed to be painted and said he has spoken with a contractor and they are figuring out a price. Buonopane said he wasn’t aware the hedges were a problem but added they will be cut back.

Buonopane said he is at his house several times a week to check on everything. “It’s more than just checking the mail,” he said.

He asked the board to reverse the finding that his home, which has been in his family for generations, is a vacant property. “I intend to make more use of the property if my condition allows it,” he said.

Wells stressed the property still fell under the city’s definition of a vacant property and was thus subject to certain rules including registration.

But the board felt that Buonopane should have time to make improvements and possibly decide if he wants to rent the house. Board member Viviana Catano proposed giving Buonopane at least six months to a year waiver to get his property in order. Wells said he wouldn’t want that time to exceed a year.

The board voted to grant Buonopane a one-year waiver from a vacant property designation and requirements.

Also appealing a vacant property registration issue was Gerard Simon, owner of the former Fleetwood Recording Studio at 321 Revere St.

Wells explained the site meets the definition of a vacant property because it is a commercial building in a commercial zone and no business is taking place there.

The recording studio closed several years ago and Simon resides in Foxborough, but Simon stated that he now uses the recording studio as his private studio. Simon added the building is very secure and outfitted with video cameras. He said he also takes care of the sidewalk.

But Wells said business must be conducted in commercial buildings based on city ordinances.

Simon had difficulty understanding how commercial designation trumped his understanding of private property. Wells said he could apply to site plan review with plans for renovating the property for residential use adding a kitchen and bathrooms. Or he could start a business.

“I guess I’m forced to do that,” said Simon who asked for time to establish a business. But the board did not anticipate a new business at the property in the near future, and they voted to reject the appeal and have Simon register the property and pay the fee.

“It’s unfair that a person can’t own private property in Massachusetts,” said Simon. “It’s against my civil rights.”

“I agree, it doesn’t seem right,” said Board of Health Chairman Dr. Drew Bunker. “But we have laws we have to uphold.”

The third appeal involved an order to correct issued to 548 Revere Beach Boulevard which has 146 balconies with railing fitted with horizontal balusters which are a violation of the state’s sanitary code.

The developer is not appealing this order and has agreed to reinstall railings with vertical balusters and to strengthen the rails. However, there are 146 units with balconies that need to be replaced, and developers are asking for certificates of occupancy while the work is ongoing. They say doors to balconies will be locked with a special device and using unrepaired balconies would be a violation of a lease.

But Wells insisted that developers had requested a hearing for an appeal for the balusters and the board voted to block the appeal and to only issue occupancy permits to units that have had balcony railing retrofits.