Town of Hingham
Board of Health Meeting
A regularly posted meeting of the Hingham Board of Health (Board) was held on Thursday, January 15, 2009, in the South Hearing Room, 210 Central St. Hingham, Massachusetts.
The meeting was called to order by Mr. Bickford at 6:12pm.
MEMBERS PRESENT:
Peter Bickford, Chairman
Kirk Shilts, D.C., Member
Stephan White, Member
STAFF PRESENT:
Michael McDonald, Health Agent
AGENDA:
Dr. Shilts reviewed the meeting’s draft agenda.
Thereafter, the agenda was accepted with additions.
SEPTIC SYSTEM VARIANCE REQUEST:
4 STEAMBOAT LANE
Applicant spokesperson: Brian McSweeney
Mr. McSweeney presented to the Board seeking variances to State Title-5 and Hingham Supplementary septic regulations regarding a proposed sewage disposal system for a failed residential system.
The Board reviewed the following documents:
• Amended report from Mr. McDonald dated 1/14/09
• Draft minutes from the Board meeting of 12/18/08
The following issues were discussed:
• Mr. McSweeney is a new engineer for this project. The homeowner reportedly discharged the previous engineer.
• 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 DIVERGENCE to the State Title-5 regulations 310CMR 15.229, a single VARIANCE to the Hingham Supplementary Rules and Regulations VI(5), and require the seven (7) conditions outlined in Mr. McDonald’s 1/14/09 letter.
PROPOSED TOWN BYLAW:
IRRIGATION SYSTEM BYLAW
Dr. Shilts updated the Board on the status of the Water Supply Committee (WSC) sponsored irrigation system bylaw.
The Board reviewed the following documents:
• Memorandum from Richard Innis and Jerry Seelen dated 8/20/08
• Reply to the Memorandum (including attachments) from Dr. Shilts dated 11/12/08
• Undated draft Irrigation System Bylaw with a BoH reference in preamble.
The following issues were discussed:
• The WSC had accepted and approved a final draft Irrigation System Bylaw at their 11/12/08 meeting.
• Dr. Shilts stated that the deadline for submitting articles for the 2009 Town Meeting was in two business days. He added that the WSC chairman was out of the country and had not scheduled a WSC meeting prior to the submission deadline; and therefore the bylaw could not be acted upon this year.
• Dr. Shilts asked, where the BoH was intimately familiar with the proposed bylaw, if the BoH would consider approving and submitting an identical bylaw to reserve a space on the 2009 Warrant.
• The Board discussed the potential permit application process, technical design features of irrigation systems, a potential inspection checklist, and the additional man-hours that would be required in administering this proposed bylaw.
• Dr. Shilts stated that he did not know the Selectman’s position on the bylaw, but emphasized that the submission process would involve opinions from the Selectmen and the Advisory Committee.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the Irrigation System Bylaw as presented.
Furthermore, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To assist the Hingham Water Supply Committee and submit the Irrigation System Bylaw for consideration at 2009 Town Meeting.
TOWN OF HINGHAM REGULATION:
PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES
Dr. Shilts discussed with the Board a proposal to amend the recently approved Prohibiting Smoking regulation to include reference to marijuana smoke.
The Board reviewed the following documents:
• Current Smoking regulations adopted on 11/20/08
• Proposed draft language changes to Sections #2, #3, and #6.
• Draft changes to MGL public intoxication bylaw amended to include marijuana references from the Hingham Police Chief
The following issues were discussed:
• The approved 2008 Marijuana public referendum changed the status of possessing small amounts of marijuana from a criminal offence to a civil infraction. Marijuana possession of any amount remains illegal.
• Dr. Shilts reported that many of the regions Boards of Health are considering a plan spearheaded by the Town of Framingham BoH to have municipalities update their existing local smoking prohibition ordinances to include reference to marijuana smoking as prohibitive smoking. The reasoning being the adverse health similarities inherent from smoking tobacco or marijuana. A concern is that de-criminalization of marijuana could lead to blatant smoking of marijuana in workplaces and public spaces due to the small civil fine.
Thereafter, the Board postponed action on this matter pending a discussion with the South Shore Boards of Health Tobacco Collaborative.
MINUTES:
The minutes from the December 18, 2008 meeting were not reviewed and will be added to the February meeting’s agenda.
TOBACCO SALES VIOLATIONS:
STOP & SHOP #35, 400 Lincoln St.
The Board received (12/18/08) and reviewed a revised Tobacco Compliance Plan from this tobacco sales establishment.
Thereafter, the Board instructed Dr. Shilts to draft a reply regarding this acceptable submission.
AJ’S, EXXON TIGER MART, 179 Lincoln St.
The Board received and reviewed a letter from this tobacco sales establishment’s owner, Mr. Richard DeMelis, dated 1/15/09.
Thereafter, the Board instructed Dr. Shilts to draft a reply regarding Mr. DeMelis’ concerns.
CORRESPONDENCE:
TOWN of HINGHAM PLANNING BOARD
The Board received and reviewed a 1-12-09 correspondence from the Planning Board regarding their proposed Zoning by-law amendments. The Board discussed the proposed article about the residential-related use of a ‘detached’ and ‘attached’ garages and barns. Mr. Bickford stated that in Mr. Capman’s absence, he will follow-up with expressing the Board’s concern over unauthorized additional bedrooms.
Thereafter, the Board instructed Mr. Bickford to ask the Planning Board to include a possible comment on this amendment, that this proposal would not allow for the use of an attached, or detached, structure or garage as an additional bedroom space.
TOWN of HINGHAM BOARD OF SELECTMEN
The Board received and reviewed the schedule of budget hearings before the selectmen. The BoH hearing is slated for Thursday, January 22nd at 7pm.
Thereafter, Mr. Bickford asked that in Mr. Capman’s absence, if each board member would attend the hearing and that each member thoroughly review the proposed BoH budget prior to the hearing.
Furthermore, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To schedule a special board meeting on Thursday, January 22nd at 8am to discuss the budget.
SCHEDULING:
The next regular meeting is scheduled for Thursday, February 26, 2009 at 6pm.
HEALTH DEPARTMENT PERSONELL:
BRUCE CAPMAN
The Board planned to discuss the reputation, character, physical condition or mental health of Mr. Capman. Mr. Capman had been properly notified of this planned discussion; and he was not in attendance.
Mr. McDonald was excused from the meeting
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED;
To enter into EXECUTIVE SESSION at 7:58pm for approximately fifteen (15) minutes, to discuss the reputation, character, physical condition or mental health, rather than the professional competence, of a Hingham Health Dept. employee.
* members in favor: Bickford, White and Shilts
* members opposed: none
open meeting resumed at 8:20pm
ADJOURNMENT:
The January 15, 2009 meeting of the Hingham Board of Health adjourned at 8:21pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health
TOWN of HINGHAM
BOARD OF HEALTH