Town of Hingham
Board of Health Meeting
NOVEMBER 20, 2008
A regularly posted meeting of the Hingham Board of Health (the Board) was held on Thursday, November 20, 2008, in the North 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
AGENDA:
Mr. Capman reviewed the meeting’s draft agenda with the Board.
Thereafter, the agenda was accepted with additions.
TOWN OF HINGHAM REGULATION:
“PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES”
Betty Nee of the South Shore Boards of Health Tobacco Collaborative presented to the Board to discuss proposed changes to the existing regulation.
The Board reviewed the following documents:
Document from the MA Dept. of Public Health titled, “Massachusetts Smoke-Free Workplace Law and Questions About Nursing Homes”.
Email from Betty Nee dated 11/18/08
The following issues were discussed:
Ms. Nee recommended that the nursing home and long-term care facilities exception be removed in favor of a case-by-case variance process.
Ms. Nee supported the word change to “accepted” rather than “approved” within Section 6. (E) and (F).
Ms. Nee stated that her agency’s legal counsel was in support of the proposed change to Hingham’s smoking regulation (contingent upon the above changes)
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To ADOPT the “Prohibiting Smoking in Workplaces and Public Places” regulation as amended.
Furthermore, these regulations will become effective after town counsel review and proper public notice.
PRIVATE WELL VARIANCE DISCUSSION:
16 CAUSEWAY ROAD
Applicant spokesperson: Chris Rifkin
Ms. Rifkin and David Crispin presented to the Board to continue the discussion on the planned installation of an “open-loop” geothermal well, and the variances that may be required.
The following documents were reviewed:
Letter from Sean Fennessy of SUN Engineering dated 11/20/08
Documents from the previous Board meeting
The following issues were discussed:
Closed loop geothermal wells are typically installed as shallow wells, often using multiple borings or installed horizontally within a shallow trough.
Open loop geothermal wells are deep wells and have a greater heat exchange efficiency
The proposed geothermal well will be approximately 1,500 feet deep
An open geothermal may have an overflow due to temperature gradients that needs to be bleed off. The minimal depth at which this overflow no longer occurs is reported to be approximately 750’.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant two (2) VARIANCES to the Hingham Board of Health Private Water Supply Regulations, 7:03 (setback to a property line) and 7:03 (setback to a sewer main), and that the use of this geothermal well is conditional on an inspection and authorization by the Hingham Executive Health Officer that this well does not demonstrate an overflow.
SEPTIC SYSTEM VARIANCE REQUEST:
31 SHERWOOD ROAD
Applicant spokesperson: Brian McSweeney
Mr McSweeney presented to the Board seeking divergences to State Title-5 regarding a proposed sewage disposal system for a failed residential system.
The Board reviewed the following document:
• Report from Mr. Capman with a corrected date of 10/6/08
The following issues were discussed:
• The plan appears amendable to reducing the number of required divergences.
• The plan does not appear to invoke maximum feasible compliance.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To postpone action on this matter for up to sixty (60) days.
SEPTIC SYSTEM VARIANCE REQUEST:
1 RIVERVIEW ROAD
Applicant spokesperson: Brian McSweeney
Mr McSweeney presented to the Board seeking a variance and a divergence to State Title-5, and variances to the Hingham Supplemental Rules and Regulations regarding a proposed sewage disposal system for a failed residential system.
The Board reviewed the following document:
• Amended report from Mr. Capman dated 11/13/08
The following issues were discussed:
• The plan appears to meet 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 DIVERGENCE to State Title-5 regulations 310CMR 15:405(1)(b), and two (2) VARIANCES to the Hingham Supplemental Rules and Regulations Sections VI.9, & VI.12(a), and require the eleven (11) conditions outlined in Mr. Capman’s 11/13/08 letter.
SEPTIC SYSTEM VARIANCE REQUEST:
8-10 HIGH STREET
Applicant spokesperson: Brian McSweeney
Mr. McSweeney presented to the Board seeking divergences to State Title-5 and variances to the Hingham Supplemental Rules and Regulations regarding a proposed sewage disposal system for a failed residential system.
The Board reviewed the following document:
• Report from Mr. Capman dated 11/18/08
The following issues were discussed:
• This application involves a two-family dwelling
• There is neighborhood concern over the height of the proposed system as well as the esthetics of the proposed retaining wall
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To postpone action on this matter for up to sixty (60) days.
SEPTIC SYSTEM DISCUSSION:
620 MAIN STREET
Homeowner: Chet Hayman
Mr. Hayman presented to the Board to discuss an improperly installed septic system on his property.
The Board reviewed the following document:
• Letter from Michael Scanlon dated 11/20/08
The following issues were discussed:
• The septic system installed in September 2008 was improperly installed and is now too close to a property line
• The garage, as constructed, is in apparent violation of zoning setbacks
• Mr. Hayman does not wish to re-install the septic system, and is questioning his options
• The installer and hired counsel appear to be complicit in the mistake
• Mr. Hayman stated that he intends to accept an offer from a neighbor who is willing to sell him a section of land to meet the required property line setbacks.
Thereafter, the Board took no action on this matter.
SEPTIC SYSTEM DISCUSSION:
4 STEAMBOAT LANE
Applicant spokesperson: Philip Spath
Mr. Spath presented to the Board to discuss the siting of a septic system on this property and possible variances that may be needed.
The Board reviewed the following documents:
• Un-referenced architectural plan
The following issues were discussed:
• The standard flood plain elevation is 11’ and much of this property and dwelling is within the A-3 flood zone.
• The current map does not delineate a “V” zone for this property. A V-zone is the standard storm wash over zone that extends to elevation 13’
• The flood zone map for Hingham harbor is anticipated to be revised within a year, and likely include the establishment of a V-zone for this property. (The new map is expected on or before 12/9/09)
• A V-zone precludes the installation of a concrete structure within this area, (up to the 13’ elevation)
• A proposed system that would include a concrete septic tank below the 13’ elevation and utilize innovative technology for greater treatment was briefly discussed. This proposal would likely necessitate a request for variances to the Hingham supplemental septic regulations, sections VI-9 & VI-12.
• Hingham harbor is partially within an Area of Critical Environmental Concern (ACEC)
• The Hingham Conservation Commission also has this discussion before them.
• The Board discussed that granting any variance in this particular case, based on the Board’s understanding of the current flood zone map, would likely be revisited and potentially rescinded if any approved septic system were not fully installed at this property before the time that the flood plain map is revised and where the revisions would preclude the Board from granting said variance(s).
Thereafter, the Board took no action on this matter.
MINUTES:
The minutes from the October 22, 2008 meeting were reviewed.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To approve the minutes of October 22, 2008 as amended.
EXECUTIVE HEALTH OFFICER’S REPORT:
• Proposed Irrigation System Bylaw:
Mr. Capman and Dr. Shilts discussed with the Board a written reply to the Hingham Advisory Committee dated 11/12/08, which was accepted by the Hingham Water Supply Committee, concerning a list of questions that the Advisory Committee had about the proposed bylaw.
Thereafter, a MOTION was made by Mr. White and Seconded by Mr. Bickford and it was VOTED (unanimous);
To accept the 11/12/08 report to the Hingham Advisory Committee concerning the proposed Irrigation System bylaw.
SCHEDULING:
The next regular meeting is scheduled for Thursday, December 18, 2008 at 6pm.
ADJOURNMENT:
The November 20, 2008 meeting of the Hingham Board of Health adjourned at 8:25pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health