Town of Hingham
Board of Health Meeting
JULY 17, 2008
A regularly posted meeting of the Hingham Board of Health (Board) was held in the South Central Hearing Room, 210 Central St. Hingham, Massachusetts.
The meeting was called to order by Mr. Bickford at 6:04pm.
MEMBERS PRESENT:
Peter Bickford, Chairman
Kirk Shilts, D.C., Member
Stephen White, Member
STAFF PRESENT:
Bruce Capman, RS, Executive Health Officer
Paul Brogna, Town consultant engineer
AGENDA:
Mr. Capman reviewed the draft agenda with the Board.
Thereafter, the agenda was accepted with additions.
GENERAL DISCUSSIONS:
• TOWN OF HINGHAM REGULATION, PRIVATE WELL PERMITS:
Mr. John Spink of Coneco Geothermal Systems discussed with the Board suggested additions to the Town’s existing regulation on private wells regarding geothermal heat pump wells.
Salient issues included:
Geothermal wells are categorized as either “Open Loop” that circulates aquifer water and “Closed Loop” that re-circulates a non-toxic glycol within contained piping.
The closed loop system involves multiple boors to typical depths of 500 feet.
The Massachusetts DEP has a 1/29/07 policy (BRP/DWM/PeP-P07-1) that speaks to this issue and gives five (5) conditions where a groundwater discharge permit would not be required with these types of wells.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To authorize the Executive Health Officer to grant specific variance(s) to the Town of Hingham Private Well Regulations relative to “Closed Loop” geothermal systems that, at a minimum, meet the five (5) conditions outlined in MA DEP policy # BRP/DWM/PeP-P07-1.
• HINGHAM AQUIFER, FLOOD PLAIN, ACCORD POND, and WATERSHED PROTECTION DISTRICTS
Ms. Katie Lacy, Hingham Town Planner, presented to the Board to discuss the various water protection districts in Hingham.
Documents reviewed:
Hingham Zoning By-Law April 2007 document, pages 23-28 Section III-C “Flood Plain and Watershed Protection District” and Section III-D “Accord Pond Watershed and Hingham Aquifer Protection District”
April 2007 map titled, Zoning Map- Parts A & C, Town of Hingham
Salient issues included:
The relevance of each district, as separate districts, relative to matters of Town zoning
The criteria and physical parameters that the mapped Aquifer protection district boundary were drawn to
The relationship of the DEP Zone II aquifer re-charge zone and Accord Pond (no salt) protection zone boundaries to these protection districts
Thereafter, the Board asked Mr. Capman to research this matter for future discussion.
• HINGHAM NOISE and LIGHT BYLAW
Ms. Katie Lacy, Hingham Town Planner, presented to the Board to discuss a potential Town bylaw on excessive amounts of noise and light pollution.
Salient issues included:
The BoH currently enforces violation of excessive noise per existing State regulation
Thereafter, the Board took no action on this matter.
SOUTH SHORE BOARDS OF HEALTH COLLABORATIVE, TOBACCO CONTROL PROGRAM:
• TOWN OF HINGHAM REGULATION, PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES
Mr. James Wells and Betty Nee of the SSBoHC discussed with the Board suggested changes to our existing regulation that would ban outdoor smoking at Hingham-owned parks and playgrounds.
Salient issues included:
Two versions of proposed changes were presented, one with and one without reference to a proposed no-smoking personal ‘buffer zone’ for patrons at the South Shore Country Club.
Numerous definitions are contained within section 3 of the drafts which do not pertain to items in the actual proposals
The concept of allowing smoking for the golf course proper was preferred to personal buffer zones per individuals
The Board discussed combining the new proposal within the Town’s existing regulation, “Prohibiting Smoking in Workplaces and Public Places”
Thereafter, the Board asked Dr. Shilts to work with Mr. Capman on drafting a single draft regulation that addresses these issues for discussion at the August meeting.
SEPTIC SYSTEM DISCUSSION:
SOUTH SHORE BAPTIST CHURCH, 578 MAIN STREET
Applicant spokesperson: Rod Gaskell
Mr. Gaskell presented to the Board to discuss a proposed new septic system for a planned re-development of the South Shore Baptist Church property.
The Board reviewed the following documents:
Review from Mr. Brogna dated 7/9/08
7/17/08 fact-sheet from Mr. Gaskell
The following issues were discussed:
The Hingham Zoning Board has reportedly approved a special parking permit for this project.
A variance to the Hingham Supplemental Regulations, Section VII(4)(D) would be needed because of a 50’, rather than a 100’ offset to the proposed septic system
A variance to the Hingham Supplemental Regulations, Section VII(3) would be needed because of a greater than 200’ distance between the residence on the north side of the property to the proposed septic system. (a similar variance was reportedly previously approved for the existing system)
A variance to the Hingham Supplemental Regulations, Section VII(8) would be needed due to the type of septic design (treatment plant), although the applicant asks to reserve the right to revisit this issue.
More information on the Amphidrome system would be helpful
The proposed plan for the kitchen should include a written commitment that the kitchen would remain functionally similar (not significantly expanded) through any potential future remodel
Granting a variance allowing advanced technology for this new construction septic system (non-upgrade) is contrary to Board precedent due to the vulnerability inherent with technology-based systems
The proposal includes a plan to re-zone approximately five (5) acres, as permanent open space, which includes property located within a Zone I aquifer protection zone
Thereafter, the Board took no action on this matter.
PROPOSED SUBDIVISION SEPTIC PLAN:
CRANBERRY LANE, Lot# 9, Lot# 10, & Lot# 11
Applicant spokespersons: Joseph Harnois
The applicant presented to the Board seeking variances to the Hingham Supplemental Regulations regarding a septic design for a proposed three-lot subdivision.
The Board reviewed the following documents:
• Report from Mr. Brogna (regarding Lot #9) dated 7/9/08
• Report from Mr. Brogna (regarding Lot #10) dated 7/9/08
• Report from Mr. Brogna (regarding Lot #11) dated 7/9/08
• Letter from Mr. Harnois dated 7/14/08
• Two site photographs
The following issues were discussed:
• The requested variance relates to a (2005) percolation test that is regulatory outdated
• The lack of driveway and roof drains on the current plan
• Concern about surface drainage onto Cranberry Lane during the winter months
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the application for LOT 9, Cranberry Lane and grant a single VARIANCE to the Hingham Supplemental Rules and Regulations Sections IV(9).
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the application for LOT 10, Cranberry Lane and grant a single VARIANCE to the Hingham Supplemental Rules and Regulations Sections IV(9).
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the application for LOT 11, Cranberry Lane and grant a single VARIANCE to the Hingham Supplemental Rules and Regulations Sections IV(9).
SEPTIC SYSTEM VARIANCE REQUEST:
598 MAIN STREET
Applicant spokesperson: Philip Spath
The applicant presented to the Board seeking numerous divergences to State Title-5 and variances to Hingham Supplemental Regulations regarding a proposed sewage disposal system for a failed system.
The Board reviewed the following document:
• Report from Mr. Capman dated 7/14/08
The following issues were discussed:
• The proposal is for a three bedroom residence
• The proposal appears to be at maximum feasible compliance
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant three (3) DIVERGENCE to the State Title-5 regulations, 310CMR 15.405(1)(a), 15.405(1)(b), 15.405(1)(k), and three (3) VARIANCES to the Hingham Supplemental Rules and Regulations Sections VI.9, VI.12(a), VI.7(c), and require the twelve (12) conditions outlined in Mr. Capman’s 7/14/08 letter.
SEPTIC SYSTEM VARIANCE REQUEST:
2 SEAL COVE ROAD
Applicant spokesperson: Jeff Conture
The applicant presented to the Board seeking variances to the Hingham Supplemental Regulations regarding a sewage disposal system for a proposed new residence.
The Board reviewed the following documents:
• Letter from Mr. Conture dated 7/9/08
The following issues were discussed:
• The applicant has accepted placing of a deed restriction on this property relative to the driveway remaining of pervious material.
• The applicant has acknowledged, and will comply with the DEP’s square-foot/ room count formula.
• The applicant will submit a roof drains plan acceptable to the Board.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To grant two (2) VARIANCES to the Hingham Supplemental Rules and Regulations Sections VI.9, VI.12(a), and require a deed restriction that the driveway will remain of pervious material, and that the residence will have no more than four (4) bedrooms, and that the maximum footprint of the residence be no larger than 4,075 square feet and the garage footprint no larger than 1,200 square feet.
SEPTIC SYSTEM DISCUSSION
ERICKSON RETIREMENT COMMUNITIES, LINDEN PONDS
Spokesperson: none
Mr. Capman mentioned that he did not receive the final version of the septic emergency procedures plan from Linden Ponds as mentioned at the 6/19/08 meeting.
Thereafter, the Board gave instructions to Mr. Capman regarding this matter.
MINUTES:
The minutes from the June 19, 2008 meeting were reviewed.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED;
To approve the minutes of June 19, 2008 as presented.
* Mr. White abstained from voting
EXECUTIVE HEALTH OFFICER’S REPORT:
• Hingham Board of Health, CODE OF CONDUCT POLICY
Mr. Capman discussed a draft Code of Conduct policy with the Board.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To adopt a Code of Conduct policy.
SCHEDULING:
The next regular meeting is scheduled for Thursday, August 21, 2008 at 6pm.
ADJOURNMENT:
The July 17, 2008 meeting of the Hingham Board of Health adjourned at 9:17pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health