Town of Hingham
Board of Health Meeting
OCTOBER 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 Mr. White at 7:13pm.
MEMBERS PRESENT
Stephan White, Chairman
Peter Bickford, Member
Kirk Shilts, D.C., Member
STAFF PRESENT
Bruce Capman, R.S., Executive Health Officer
AGENDA
Mr. Capman reviewed the meeting’s posted agenda with the Board.
Thereafter, the agenda was accepted with additions.
SEPTIC SYSTEM VARIANCE REQUEST
29 SMITH ROAD
The Board reviewed a homeowner request for a variance from State Title-5 and Hingham Supplemental (septic) regulations relative to a failed sewage disposal system.
Applicant spokesperson: Brian McSweeney
The Board reviewed the following documents:
- Report from Mr. Capman dated 10/12/10.
The Board discussed the following issues:
- The property includes an existing 4-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 three (3) Divergences from State Title-5 regulation 15.405(1)(a), 15.405(1)(b) & 15.405(1)(c); and two (2) Variances from the Hingham Supplemental (septic) Rules and Regulations sections VI.9 & VI.12(a); and conditional on the twelve (12) conditions outlined in Mr. Capman’s 10/12/10 report.
SEPTIC SYSTEM VARIANCE REQUEST
2 LITTLE PINE TRAIL
The Board reviewed a homeowner request for variances from the Hingham Supplemental (septic) regulations relative to a proposed sewage disposal system expansion (new construction).
Applicant spokesperson: Brian McSweeney
The Board reviewed the following documents:
- Report from Mr. Capman dated 10/5/10.
The Board discussed the following issues:
- The property includes an existing 2-bedroom residence.
- The proposal seeks to increase the number of bedrooms from two to three, which is a change in use and requires a new construction permit.
- The current sewage disposal system is not classified as having failed.
- State Title-5 requires the minimal installation of septic components, but not a leaching field, which corresponds to a three-bedroom system.
- The issue centers on the plan’s reserve soil absorption area that is proposed for the backyard but the new system that will be replacing the old system would be in the front yard.
- The soils and elevations within the backyard differ significantly from the front yard.
- The proposal appears to create its own regulatory hardship.
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To continue discussion on this new construction application for up to 60-days, conditional on the appearance and subsequent discussion with the property’s homeowner.
SEPTIC SYSTEM VARIANCE REQUEST
0 SIDE HILL ROAD
The Board reviewed a homeowner request for variances from the Hingham Supplemental (septic) regulations relative to a proposed new construction sewage disposal system.
Applicant spokesperson: Gary James
The Board reviewed the following documents:
- Report from Mr. Capman dated 10/12/10.
The Board discussed the following issues:
- The plan (labeled “revised 10/14/10”) includes the construction of a 4-bedroom residence.
- It is reported that this lot meets the proper Form-A sq. ft. lot requirements.
- The Board had previously issued a Disposal System Construction Permit for this location on 4/18/06, which has since expired.
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To grant three (3) Variances from the Hingham Supplemental (septic) Rules and Regulations sections VI.9, VI.12(a) & IV.9; and conditional on the eleven (11) conditions outlined in Mr. Capman’s 10/20/10 report.
SEPTIC SYSTEM VARIANCE REQUEST
4 FOUNDRY FALLS (rear)
The Board reviewed a homeowner request for variances from the Hingham Supplemental (septic) regulations relative to a proposed sewage disposal system expansion (new construction).
Applicant spokespersons: Gary James & David Iaria (homeowner).
The Board reviewed the following documents:
- Report from Mr. Capman dated 10/20/10.
The Board discussed the following issues:
- The property includes an existing 4-bedroom residence on an approx. 3.5 acre secluded lot.
- The proposal seeks to increase the number of bedrooms from four to six, which requires a new construction permit.
- The plans (dated 9/25/10) propose to modify a previously installed 4-bedroom septic system and dedicated reserve area into a combined 6-bedroom system, and construct a new 6-bedroom reserve area.
- The Board had previously allowed these same two variances in 2002 for construction of the current system.
- The soils within the proposed reserve area and the current primary system & reserve area are identical.
- The request seeks the difference from 4.5 feet of existing natural soils to the required 5 feet.
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To grant two (2) Variances from the Hingham Supplemental (septic) Rules and Regulations sections VI.9 & VI.12(a), and allow the use of the existing Reserve Area toward a 5-bedroom (550gpd) system, and conditional on the installation of a new 5-bedroom Reserve Area, and receipt of revised plans that match the Board’s decision.
GENERAL POLICY DISCUSSION:
OUTBUILDINGS
The Board continued a discussion about “outbuildings”, and how to keep these office, work and recreational spaces from becoming a location for domicile inhabitation.
The following issues were discussed:
- An accessory building that is used for business, office or professional proposes may contain a toilet and/or sink but should not include a shower facility.
- An accessory building that is used for leisure proposes may contain a toilet and/or sink but should not include a shower facility.
- An accessory building that is used as a pool house relative to a functioning pool may contain a toilet, and/or sink, and/or shower but should not include a heating or cooling system.
- An accessory building should not contain dedicated furniture such as a bed or sleeping sofa.
EXECUTIVE HEALTH OFFICER’S REPORT:
- Massachusetts Dept. of Public Health, Bureau of Environmental Health
Mr. Capman reviewed with the Board a 10/14/10 correspondence regarding “Allergen Awareness Training for Certified Food Managers”, and the new state regulations concerning this issue that went into effect on Oct. 1st.
- Hingham Board of Health Environmental Consultant, Green Environmental
Mr. Capman reviewed with the Board numerous reports written by Ms. Jennifer Turcotte of Green Environmental, including in particular an 8/19/10 report, which contains written comments that focus on her personal beliefs rather than her professional findings.
Thereafter, the Board instructed Mr. Capman to discuss this matter with Ms. Turcotte and Green Environmental, and that Mr. Capman should consider terminating the consulting contract with Green Environmental should there be another questionable errant comment or billing issue.
- Heavy Metal Mercury Toxicity & Proper Disposal
Mr. Capman reviewed with the Board the town’s transfer station disposal processes for mercury-containing products. He added that the Health Dept. website would soon include an updated link to the state’s public health site about mercury toxicity and proper methods of mercury disposal.
- 987 Main Street (Sprague Court) Definitive Subdivision
Mr. Capman reviewed with the Board a 10/18/10 letter from Mr. Michael Grehan withdrawing the above-referenced subdivision application. In addition, Mr. Capman stated that the plans the Board reviewed during the September meeting from James Engineering were not the same plans that had been submitted to the Planning Board and to the Health Dept. Mr. Capman recommended that the Board should only review Definitive Subdivision plans that have been properly stamped and provided by the Planning Board.
Thereafter, the Board instructed Mr. Capman to work out a logistical sequential system with the Planning Board regarding subdivision plan applications.
MINUTES
The Board reviewed the minutes of the 7/22/10 public meeting.
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To approve the minutes of July 22, 2010 as drafted.
The Board reviewed the minutes of the 8/26/10 public meeting.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Mr. White and it was VOTED (unanimous, with Dr. Shilts abstaining);
To approve the minutes of August 26, 2010 as drafted.
The Board reviewed the minutes of the 9/22/10 public meeting.
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 September 22, 2010 as amended.
SCHEDULING
The next meeting is scheduled for Wednesday, November 17, 2010 at 7pm.
ADJOURNMENT
The May 20, 2010 meeting of the Hingham Board of Health adjourned at 9:32pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health