Town of Hingham
Board of Health Meeting
SEPTEMBER 24, 2008
A regularly posted meeting of the Hingham Board of Health (Board) was held on Wednesday, September 24, 2008, in the South Central Hearing Room, 210 Central St. Hingham, Massachusetts.
The meeting was called to order by Mr. Bickford at 7:35pm.
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.
PROPOSED IRRIGATION SYSTEM BYLAW:
Dr. Shilts updated the Board on the current status of the Water Supply Committee sponsored Irrigation System Bylaw proposal.
Thereafter, the Board thanked Dr. Shilts for the update.
SEPTIC SYSTEM VARIANCE REQUEST:
65 EAST STREET
Applicant spokesperson: Philip Spath
The applicant presented to the Board seeking variances to State Title-5 and to the Hingham Supplemental Regulations regarding a proposed sewage disposal system for a failed residential system.
The Board reviewed the following document:
• Report from Mr. Capman dated 9/22/08
The following issues were discussed:
• The property has an abundance of granite ledge throughout
• This plan includes the use of technology, including a wastewater treatment plant
• 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 a VARIANCE to the State Title-5 regulations 310CMR 15.212(a), three (3) DIVERGENCES to State Title-5 regulations 310CMR 15:405(1)(b), 15.405(1)(a) & 15.405(1)(i), and two (2) VARIANCES to the Hingham Supplemental Rules and Regulations Sections VI.9, & VI.12(a), and require the thirteen (13) conditions outlined in Mr. Capman’s 9/22/08 letter.
TOWN OF HINGHAM REGULATION:
TOWN OF HINGHAM REGULATION, PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES
Mr. Capman reviewed with the Board draft proposed changes to our existing regulation that addresses smoking in the workplace and in public places.
Salient issues included:
The provision of prohibiting smoking on Town-owned beaches, even if only during certain months of the year, does not appear to meet the premise of the proposal, which is to link the promise of youth athletic activities vs. the adverse effects of smoking.
The Board discussed the differentiation between the South Shore Country Club’s golf course, which caters primarily to adults and the country club’s pool, tennis, and athletic programs, which cater to children.
The Board discussed treating state-permitted smoking bars as an independent issue where it does not meet the stated premise of linking youth athletics against smoking. The Board asked Dr. Shilts to obtain more information about state-permitted smoking bars for future discussion.
Thereafter, the Board took no action on this matter.
SEPTIC SYSTEM DISCUSSION:
SOUTH SHORE BAPTIST CHURCH, 578 MAIN STREET
Applicant spokespersons: Rod Gaskell & John Shea
Mr. Gaskell and Shea presented to the Board to discuss a proposed new septic system for a planned re-development of the South Shore Baptist Church property (SSBC).
The Board reviewed the following documents:
Review from Mr. Brogna dated 9/17/08
Letter from Mr. Tim Ells of the SSBC dated 9/18/08 regarding neighborhood notifications
Letter from Mr. Gerry Bennett of the SSBC dated 9/24/08 documenting a commitment by the church not to expand the current ‘limited use’ of the kitchen facilities within the new sanctuary.
The following issues were discussed:
The Conservation Commission would be the likely holder of the open space deed restriction. The Con. Com. should become engaged in this matter.
Mr. Brogna discussed the potential problems of low-flow conditions. Mr. Shea mentioned that the SSBC would be attaining a warrantee from the wastewater plant manufacture that could address these low flow concerns. Dr. Shilts suggested that the warrantee could have a section on performance that (1) Recognizes the issue of low flow and fluctuating conditions, (2) Lists the corrective actions to abate the potential problems that could arise from these conditions, and (3) Procuring of a 1-2-year maintenance schedule contract for the treatment plant.
Mr. White mentioned how this project’s process of thoughtful discussion has served all interested parties very well, considering where this project ended up from how it was initially proposed.
Dr. Shilts mentioned extreme uniqueness of this project because of the public water supply Zone I protection area located within the footprint of this project. He thought that the trade-off of allowing new technology for a new construction project, considering technology’s potential for human error & system failure, was offset by the definitive Zone I protections that this project will bring.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant nine (9) VARIANCES to the Hingham Supplemental Rules and Regulations Sections VI.3, VI.8, VI.9, VI.12, VI.18, VI.19, VII.4(D), VII.4(E) & VII.7(C), conditional on the Hingham Conservation Commission’s acceptance of the proposed open space covenant, fulfillment of all requirements associated with the operation and proper maintenance of a wastewater treatment plant, and terms of the 9/24/08 kitchen use letter from Mr. Gerry Bennett, on behalf of the South Shore Baptist Church.
MINUTES:
The minutes from the August 21, 2008 meeting were reviewed.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To approve the minutes of August 21, 2008 as amended.
HINGHAM COMPREHENSIVE WASTEWATER MANAGEMENT PLAN (CWMP)
Dr. Shilts updated the Board on the Sewer Commission’s CWMP, which Dr. Shilts serves as the Board of Health member on the Wastewater Master Planning Committee.
The Board reviewed the following document:
Report from Dr. Shilts to Jonathan Asher, member of the Hingham Advisory Committee dated 9/22/08
The following issues were discussed:
The issues raised in this report should be brought to the Acting Town Administrator and/or Selectmen.
The issues of CWMP funding is not germane to the Board’s concern
The issue of a Comprehensive Water Resources Plan should be discussed among all appropriate town departments.
Thereafter, the Board gave direction to Dr. Shilts.
EXECUTIVE HEALTH OFFICER’S REPORT:
• Hingham Health Dept. Public Outreach Program:
The Board discussed a draft “Hingham Animal Regulations are in Effect” public service advertisement for submission to the Hingham Journal newspaper in October.
The following issues were discussed:
• The Hingham Health Dept. has the authority to draft and sign-off on all future public service advertisements, and will keep the Board regularly informed.
• The next public service adv. will likely focus on flu vaccination season
Thereafter, the Board thanked Mr. Capman and Ms. Crowley for their commitment to this ongoing project.
• Erickson Retirement Communities, (Linden Ponds) Emergency Wastewater Operations Plan
Mr. Capman reviewed with the Board Linden Ponds’ “Emergency Operation and Contingency Plans, Section 19”, updated 8/15/08 and the “Linden Ponds Wastewater Operations, SEP-01” updated 8/15/08.
The following issues were discussed:
• The emergency wastewater contingency plans appear to allay many, but not all, of the concerns that the Board and public have expressed over this project’s wastewater system.
• The Board discussed the matter of overseeing a mock drill, previously agreed to by Erickson management, to test the actual performance of the emergency contingency plans’ procedures. Mr. Capman will contact Linden Ponds to help set-up a full-scale drill in the near future.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the Emergency Operation and Contingency Plan, Section 19 & Linden Ponds Wastewater Operations Plan (SEP-01) dated 8/15/08 as submitted.
Furthermore, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To issue an occupancy permit for Linden Ponds’ Phase I & Phase II facilities.
SCHEDULING:
The next regular meeting is scheduled for Wednesday, October 22, 2008 at 7pm.
ADJOURNMENT:
The September 24, 2008 meeting of the Hingham Board of Health adjourned at 9:12pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health