Town of Hingham
Board of Health Meeting
MAY 20, 2010
A regular meeting of the Hingham Board of Health (the Board) was held in the South Central Hearing Room, 210 Central St. Hingham, Massachusetts.
The meeting was called to order by Dr. Shilts at 6:47PM.
MEMBERS PRESENT
Kirk Shilts, D.C., Chairman
Peter Bickford, Member
STAFF PRESENT
Bruce Capman, R.S., Executive Health Officer
AGENDA
Dr. Shilts reviewed the meeting’s agenda with the Board.
Thereafter, the agenda was accepted with additions.
PRIVATE WATER SUPPLY VARIANCE REQUEST
104 WARD STREET
The Board reviewed a homeowner request for a variance from the Hingham Private Water Supply Regulations relative to the installation of a new private water supply.
Applicant spokesperson: Terry & Brian McSweeney
The Board reviewed the following documents:
- Report from Mr. Capman dated 5/13/10
The Board discussed the following issues:
- The proposed new well will be replacing an existing dug well and better conform to setback requirements.
- Municipal water service is not currently available for this section of Ward St.
- The 250-foot minimal setback to a sewage disposal system can not be achieved on this property.
- The proposal appears to meet maximum feasible compliance.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant a Variance from the Hingham Private Water Supply Regulations section 7:03.
SEPTIC SYSTEM VARIANCE REQUEST
2 KNOLL ROAD
The Board reviewed a homeowner request for a variance from State Title-5 regulations relative to an existing functional system and a setback to an abutting property line.
Applicant spokesperson: Terry & Brian McSweeney
The Board reviewed the following documents:
- Report from Mr. Capman dated 5/19/10
The Board discussed the following issues:
- The proposed request is to remedy an survey error, which occurred January 2006 where a permit was issued in error. The mistake involved referencing preliminary subdivision lot lines instead of the actual lot lines as shown on plans dated 7/28/07.
- Due to frontage requirements, a possible land-swap with the applicant’s neighbor is not feasible.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant a Divergence from State Title-5 regulation 15.405(1)(a).
SEPTIC SYSTEM VARIANCE REQUEST
5 SMITH WAY
The Board reviewed a homeowner request for variances from State Title-5 and Hingham Supplemental septic regulations relative to a failed sewage disposal system.
Applicant spokesperson: Terry & Brian McSweeney
The Board reviewed the following documents:
- Report from Mr. Capman dated 5/10/10
The Board discussed the following issues:
- The proposed system will service a 3-bedroom residence.
- The proposal appears to meet maximum feasible compliance.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant four (4) Divergences from State Title-5 regulation 15.405(1)(a), 15.405(1)(a), 15.405(1)(b), 15.405(1)(b); and four (4) Variances from the Hingham Supplemental septic Rules and Regulations sections VI.5, VI.9, VI.12(a) & IV.9; and conditional on the eleven (11) conditions outlined in Mr. Capman’s 5/10/10 report; and that the test pit conform to expected soil characteristics; and the submission of a revised plan describing all of the required divergences and variances referenced above.
SEPTIC SYSTEM VARIANCE REQUEST
2 POND PARK ROAD
The Board continued the discussion from a prior meeting regarding a request for variances from Hingham Supplemental septic regulations relative to a proposed new commercial construction project.
Applicant spokesperson: Scott Turner
The Board reviewed the following documents:
- Specification sheet for “Redi-Rock” retaining walls
- Four (4) photographs of concrete block retaining walls, all dated 2/19/10
- Two (2) photographs of concrete block retaining walls, undated
- Landscape plan titled “Retaining Wall Elevation With Septic System” dated 3/1/10
The Board discussed the following issues:
- The applicant reports that this project will not be proceeding with an alternative and parallel proposal to hook into the MWRA sewer system.
- Due to the commitment to on-site treatment, the necessary retaining wall will need to be about twice as high compared to what would be needed for a sewer hook-up.
- The proposed retaining wall running for 300 feet along the east-side entrance to the Pond Park complex will be up to 6 foot in height.
- Planning Board member Sneath stated that her board had reviewed the landscape plan for this project, and due their concern that the proposed monolithic retaining wall will visually overwhelm the streetscape, the Planning and Zoning Boards recommended a more robust and mature planting scheme.
- Mr. Bickford expressed his concern that the (health) Board is directly responsible for the adverse impact that this wall will create because the Board was the agency that granted the variances that allowed it. Therefore, it is the Board’s responsibility to attempt to mitigate any unwanted consequence tied to the Board’s actions.
- Mr. Bickford stated that in his opinion, the redi-rock product did not appear to be in keeping with the character of similar development projects located within the town.
- Dr. Shilts noted that the Board has consistently opposed granting septic variances to new construction projects unless there is an isolated obstacle or overriding public interest. Mr. Capman added that the Board is currently on record to grant nine (9) different variances for this project.
- Project engineers for the applicant mentioned that they helped design the rock-faced septic retaining wall at the Derby Street Shopping complex located just down the road.
- The applicant’s principle land-owner, Buzz Constable, said that to construct a concrete rock-faced wall could be problematic for the construction schedule, require additional potential blasting of bedrock and be more costly. Mr. Bickford noted that it was the applicant who cancelled April’s planned meeting on this issue.
- Mr. Constable, asked the Board to consider a poured concrete wall with a rock facing like the Derby St. Shops’ retaining wall as meeting the conditions outlined in the Board’s 2/11/10 approval.
Thereafter, the Board affirmed that a poured concrete wall with rock facing consistent with the Derby Street Shops’ septic retaining wall would be consistent with the Board’s 2/11/10 conditional approval.
SWIMMING POOL VARIANCE REQUEST:
THE MEADOWS CONDOMINIUM TRUST
The Board reviewed a 4/15/10 request from Mr. Bob Boyle, 1 Floret Circle, to have the requirement of an on-duty lifeguard waived for their in-ground pool.
The Board discussed the following issues:
- The Board granted this waiver last year.
- There have been no reported adverse incidents at this pool.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant a variance from the Town of Hingham Pool Regulations excusing the requirement, through the last day of 2010, that a lifeguard must be on duty for the Meadows Condominium swimming pool.
EXECUTIVE HEALTH OFFICER’S REPORT:
- Hingham Health Dept. Personnel, Health Agent Position
Mr. Capman mentioned that the town’s personnel director has posed the Health Agent position in numerous publications with a reply due date of June 1st.
BOARD OFFICER ELECTIONS
The Board discussed the annual election of Board chairman.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To nominate Mr. White as Board Chairman for the 2010/11-term.
Whereas no additional nominations were offered, and if he accepts, Mr. White will serve as Board chairman for the 2010/11-term upon the commencement of the next board meeting.
MINUTES
The Board reviewed the minutes of the 4/15/10 public meeting.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the minutes of April 15, 2010 as amended.
SCHEDULING
The next meeting is scheduled for Thursday, June 17, 2010 at 6:30pm.
ADJOURNMENT
The May 20, 2010 meeting of the Hingham Board of Health adjourned at 8:42pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health