Town of Hingham
Board of Health Meeting
SEPTEMBER 23, 2009
A regular posted meeting of the Hingham Board of Health (the Board) was held in the South Hearing Room, 210 Central St. Hingham, Massachusetts.
The meeting was called to order by Dr. Shilts at 7:15pm.
MEMBERS PRESENT
Kirk Shilts, D.C., Chairman
Peter Bickford, Member
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.
ANIMAL FACILITY ‘ROOSTER PERMIT’ APPLICATION
178 GARDNER STREET
The Board took up this issue from the 8/27/09 meeting involving a rooster permit application.
Applicant spokesperson: Donna Harkness (property owner)
The following issues were discussed:
- Neighbors reported that rooster noises were still being heard each morning from Ms. Harkness’s property.
- Ms. Harkness said that her soundproofing measures involved moving plywood and plexiglas panels within the barn. She did not install any soundboard or fiberglass insulation.
- Ms. Harkness said that she did not place the roosters within darkened enclosures during the evening.
- Neighbors expressed a willingness to tolerate the roosters until March 2010 if the noise mitigation efforts over the past month resulted in some improvement, which apparently had not occurred.
- The issue of removing the existing roosters from the property was discussed with Ms. Harkness.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Mr. White and it was VOTED (unanimous);
To deny the rooster permit application for 178 Gardner St. and provide the applicant up to sixty (60) days to remove the two roosters currently on the property.
PRIVATE WELL VARIANCE REQUEST
23 CHAMBERLAIN RUN
Elizabeth & William Fideli filed an application for variances from the Hingham Board of Health Private Water Supply Regulations concerning the proposed installation of three closed-loop geothermal wells and the installation of a fourth well for irrigation purposes.
Applicant spokesperson: John Spink
The following documents were reviewed:
- Report from Mr. Capman dated 9/8/09
- Variance application with attachments date stamped 8/20/09
- MA DEP “Guidelines for Ground Source Heat Pump Wells” dated March 2009
The following issues were discussed:
- The geothermal variance is relative to a setback to a septic system and the irrigation well variance is relative to a setback to other wells.
- The closed-loop geothermal wells contain a food-grade antifreeze
- The irrigation well variance is due to the hardship created from installing the proposed geothermal wells.
Thereafter, a Motion was made by Mr. White and Seconded by Mr. Bickford and it was VOTED (unanimous);
To grant a Variance from section 7.03 of the Hingham Board of Health Private Water Supply Regulations relative to the installation of three geothermal wells, conditional on the eight (8) CONDITIONS listed in Mr. Capman’s letter dated 9/8/2009.
Thereafter, a Motion was made by Mr. White and Seconded by Mr. Bickford and it was VOTED (unanimous);
To grant a Variance from section 7.03 of the Hingham Board of Health Private Water Supply Regulations relative to the installation of an irrigation well, conditional that it not be used for domestic purposes.
SEPTIC SYSTEM VARIANCE REQUEST
11 BELAIR ROAD
Karin & Leonard Monfredo filed an application for a variance from the Hingham Supplemental septic Regulations.
Applicant spokesperson: John Cavanaro
The Board reviewed the following documents:
- Report from Mr. Capman dated 9/22/09
The Board discussed the following issues:
- Cellar floor waterproofing should include the Board’s working standard of requiring the application of the W.R. Grace waterproofing products.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Mr. White and it was VOTED (unanimous);
To grant a Variance from the Hingham Supplemental septic Rules and Regulations § VI.14, conditional that the cellar waterproofing include the W.R. Grace and Tuff-N-Dri waterproofing products, and to be build to specifications outlined in the submitted plan dated 9/10/09.
NEW REGULATION PROPOSAL
USE OF DUMSTERS ON RESIDENTIAL PROPERTIES
Ms. Ellen Kennedy presented to the Board to discuss her proposal to create new regulations concerning the use of construction ‘dumpsters’ in residential areas.
The Board discussed the following issues:
- Any draft dumpster regulation would need to take into account:
- Differences between a commercial site versus a residential A., B., or C. location
- The time frame of a dumpster permit relative to a building permit or business certificate
- The required maintenance and emptying frequency
- A prohibition from adding offsite material to the dumpster
- Setbacks relative to neighboring properties, traffic lines-of-sight, pedestrian, and general safety issues
- A hazardous material prohibition
- A specific dumpster at 334 High St. has been on-site for over six months, without evidence of ongoing construction
- This dumpster is reportedly being used as a communal dumpster
- Ms. Kennedy was explained the option of opening a public nuisance complaint, and the resulting Health Dept. processes, relative to her neighbor’s dumpster
Thereafter, the Board took no action on this matter, but asked Mr. Capman to drive by 334 High St. for a visual assessment.
EXECUTIVE HEALTH OFFICER’S REPORT:
- Hingham Gulf, 19 Whiting St.
Mr. Capman reviewed with the Board a 9/9/09 letter and related correspondence from Mr. Ghazi Saab regarding his request to apply for a new tobacco sales license. Mr. Capman mentioned that this establishment had their tobacco sales license revoked in 2005 for failing to submit a tobacco compliance plan.
Thereafter, the Board would not entertain a new tobacco sales permit application for this establishment without prior submission and approval of a tobacco compliance plan.
- Hingham Health Department Employee Policy
Mr. Capman distributed and reviewed with the Board copies of the 2002 Town of Hingham, “Sexual Harassment Policy”, 1999 Town of Hingham, “Computer Use Policy”, and 2006 Hingham Board of Health interim office policies.
- Hingham Health Department Personnel
Mr. Capman confirmed with the Board that an employee termination hearing is scheduled for Thursday, October 8th.
- Seasonal Flu Clinic
Mr. Capman discussed with the Board the Health Dept.’s annual Seasonal Flu Clinic that took place at the Town Hall on 9/19/09. He reported that 1,100 individuals were successfully inoculated in just about four hours.
- Hingham Health Department Emergency Preparedness Program
Mr. Capman reviewed with the Board a 9/1/09 letter from Town Admin. Paicos highlighting the high score the Health Dept. received on our town’s emergency preparedness capability.
CORRESPONDENCE:
- THE CONCERNED CITIZENS OF HINGHAM
The Board received and reviewed a 9/8/09 correspondence about Massachusetts Senate Bill No. 2028, “The Pandemic Response Bill”.
- HINGHAM BOARD OF SELECTMEN
The Board received and reviewed a package of flow-charts regarding Hingham Land Use Departments, Administrative Line of Authority, and a presentation about the Hamlets of Barnstable, Growth Management Dept.
MINUTES
The Board reviewed the draft minutes of July 16, 2009.
Thereafter, a Motion was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous, with Mr. Bickford abstaining);
To approve the minutes of July 16, 2009 as presented.
The Board reviewed the draft minutes of August 27, 2009.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous, with Mr. White abstaining);
To approve the minutes of August 27, 2009 as presented.
SCHEDULING
The next posted meeting is scheduled for Thursday, October 8th at 2pm.
ADJOURNMENT
The September 23, 2009 meeting of the Hingham Board of Health adjourned at 9:38pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health