70 NORTH STREET BOH TRASH VIOLATION DECISION LETTER r�� a
3 rz CITY OF SALEM, MASSACHUSETTS
' BOARD OF HEALTH
98 WASHINGTON STREET,3""FLOOR PublicHedth
SALE'M,MA
A7 0 970 Prevent.Promote.Protect.
TEL. (9718V)11741-1800
KIMBERLEY DRISCOLL health@salem.com salem.com
DAB ID GRL;ENBr1UM,RS
MAYOR HEALTH AGENT
June 1,2021
Via email at jdf@pingitorelaw.com
John D. Fitzpatrick,Esq.
Pingitore&Fitzpatrick,LLC
929 Massachusetts Avenue, Suite 200
Cambridge,MA 02139
Re: Board of Health Decision/Trash Violation-- 70 North Street
Dear Attorney Fitzpatrick:
On Tuesday,May 11,2021,the Board of Health conducted a public hearing remotely over Zoom,relative
to an appeal of a trash violation letter sent to Burnham Associates,Inc.,dated March 31,2021, asserting a
violation of 105 CMR 410.602. At this meeting,Burnham Associates,Inc.had the opportunity to be
heard by the Board and argued that the trash letter should be withdrawn due to the inapplicability of the
state sanitary code to commercial property. Citing the timing of the letter,the company also asserted,that
the trash letter had been issued in retaliation for its public position with respect to the designated port
authority status of Salem Harbor.
The Health Agent informed the Board that the letter issued after the Health Department received a
complaint through the City's"See Click Fix"automated complaint system and that the Department had
no knowledge with respect to the designated port authority issue or the company's position regarding it.
The Health Agent also indicated that the company had cleaned up the property such that there was no
longer any violation outstanding.
After discussion,the Board voted to dismiss the appeal without reaching the merits of the arguments
raised concerning the applicability of the state sanitary code to commercial property and the allegations
that the action was taken in retaliation for the property owner's public position with respect to the
designated port authority status of Salem Harbor.
On behalf of a Board,
4
David Greenb um
Health Agent
cc: Dr. Jeremy Schiller, Chair
Victoria Caldwell,Asst. City Solicitor