Town of Hingham
Board of Health Meeting
JULY 16, 2009
A regularly posted meeting of the Hingham Board of Health (the Board) was held on Thursday, July 16, 2009, in the South Hearing Room, 210 Central St. Hingham, Massachusetts.
The meeting was called to order by Dr. Shilts at 6:11pm.
MEMBERS PRESENT:
Kirk Shilts, D.C., Chairman
Stephan White, Member
STAFF PRESENT:
Bruce Capman, R.S., Executive Health Officer
AGENDA:
Mr. Capman reviewed the meeting’s agenda with the Board.
Thereafter, the agenda was accepted with additions.
PUBLIC NUISANCE COMPLAINT:
178 GARDNER STREET
Mr. Capman asked to postpone discussion on this nuisance complaint until the Board’s next meeting per request of the offender, Donna Harkness, and also receipt of a report from the Hingham barn inspector.
The Board reviewed the following documents:
• Complaint Call dated 7/14/09
• Letter from Mr. Capman dated 6/30/09
Thereafter, this matter was postponed to the next (August) meeting.
Furthermore, the Board asked Mr. Capman to follow-up with the complaints regarding this one-time postponement.
SEPTIC SYSTEM VARIANCE REQUEST:
108 EAST STREET
Applicant spokesperson: Terry McSweeney
Mr. McSweeney presented to the Board seeking variances to the State Title 5 and Hingham Supplemental septic Regulations relative to a proposed septic system upgrade of a failed system.
The Board reviewed the following document:
• Report from Mr. Capman dated 7/6/09
The following issues were discussed:
• The residence is an existing 3-bedroom dwelling
• The proposal 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 two (2) Divergences to State Title 5 regulations CMR 310 15.405(1)(a) & 15.405(1)(i), and one (1) Variance to the Hingham supplemental septic regulations § VI.7, and REQUIRE the eight (8) conditions listed on page two of Mr. Capman’s aforementioned 7/6/09 report.
SEPTIC SYSTEM VARIANCE REQUEST:
11 STEAMBOAT LANE
Applicant spokesperson: Greg Morse
Mr. Morse presented to the Board seeking variances to the State Title 5 and Hingham Supplemental septic Regulations relative to a proposed septic system upgrade of a failed system.
The Board reviewed the following documents:
• Report from Mr. Capman dated 7/14/09
• Letter from Mr. Morse dated 6/2/09 (revised 7/6/09)
• Letter from Katherine & William Reardon dated 7/9/09
The following issues were discussed:
• The proposal is for a new 6-bedroom dwelling that will replace a current 8-bedroom dwelling
• The neighbor’s concerns center on the health of mature tree, grading and sight issues. Tree roots typically inhabit B-layer soil. Only A-layer topsoil changes being proposed around the base of the particular tree.
• The developer does not wish to perform any grading on the neighbor’s property. The plan involves the placement of a 1.5-foot retaining wall, which does not seem to be a significant adverse visual element.
• The proposal will decrease the volume of effluent at this site by 25% and 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 one (1) Variance to State Title 5 regulations CMR 310 15.240(1), and one (1) Divergence to State Title 5 regulations CMR 310 15.405(1)(a), and three (3) Variances to the Hingham supplemental septic regulations §§ VI.9, VI.12(a), & VI.5, and REQUIRE eleven (11) conditions, numbers 1 through 11, listed on page two of Mr. Capman’s aforementioned 7/14/09 report.
EXECUTIVE HEALTH OFFICER’S REPORT:
• Hingham Health Department recognition
Mr. Capman reviewed with the Board a 6/22/09 letter from Town Administrator Keven Paicos regarding the successful tabletop exercise on pandemic flu that was conducted this past June 11th. Mr. Capman additionally recognized the superlative efforts that Ms. Ford and Nurse Crowley provided in developing and hosting this exercise.
• South Shore Boards of Health Tobacco Control Program
Mr. Capman reported that the Commonwealth has unfortunately de-funded this program.
• Hingham Animal Regulations
Mr. Capman discussed the topic of Hingham businesses that employ guard dogs as a deterrent to public trespassing. He added that the Hingham animal control officer would like to have these businesses under the supervision of our animal regulations and permit requirement. The Board reviewed animal regulations section 3-12 (B) which supports this action.
Thereafter, the Board asked Dr. Shilts to work with Ms. Badger to develop public safety guidelines relative to the use of animal ‘Guard Dogs’ in Hingham.
• Public Nuisance Report 149 South Street, 06/13/09
Mr. Capman reviewed with the Board an incident that recently occurred at this retail establishment where a patron was bit by a dog that the business’s owner had left unattended within the store. Mr. White stated that any animal that has the ability to bite or injure the public, within locations open to the public, must be restrained, caged, muzzled or leased.
Thereafter, the Board asked Dr. Shilts to work with Ms. Badger to develop a public safety policy regarding unrestrained animals in public establishments in Hingham.
• Influenza H1N1 “Swine Flu”
Mr. Capman reviewed with the Board current information on the H1N1 influenza virus. He stated that this virus is currently a worldwide pandemic infection. He added that clinical trials are ongoing for a vaccine, and it appears that two doses of vaccine may be required. The target population for inoculation is between 5-24 years of age, which is very different from the seasonal flu vaccine. He added that the elderly appear to have a degree of natural immunity from prior exposures to swine-related influenza strains.
• Hingham Emergency Preparedness Plan, Hingham Dispensing Site
Mr. Capman reviewed with the Board a potential plan to use the Hingham High School, as a modified dispensing site, to provide the H1N1 vaccine. He added that the town hall would continue to serve as the site for the yearly flu clinics.
• 598 Main Street
Mr. Capman stated that he has initiated court action for enforcement of the Board’s order regarding replacing a failed septic system.
• Hingham Beach Closures
Mr. Capman reported that ‘Town Beach’ and ‘North Beach’ were closed last week and that ‘Bel Air Beach’ was closed the week previous due to elevated levels of coliform bacteria. He added that elevated bacteria counts typically occur as the result of environmental runoff that occur as the result of prolonged rain events, which recently occurred.
MINUTES:
The minutes from the May 28, 2009 meeting were reviewed by the Board.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the minutes of May 28, 2009 as drafted.
SCHEDULING:
The next regular meeting is scheduled for Thursday, August 27, 2009 at 6:00pm.
ADJOURNMENT:
The July 16, 2009 meeting of the Hingham Board of Health adjourned at 7:29pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health