Town of Hingham
Board of Health Meeting
DECEMBER 8, 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 6:12pm.
MEMBERS PRESENT
Stephan White, Chairman
Peter Bickford, Member
Kirk Shilts, D.C., Member
STAFF PRESENT
Bruce Capman, R.S., Executive Health Officer
Susan Rowe, Health Agent
AGENDA
Mr. Capman reviewed the posted agenda with the Board.
Thereafter, the agenda was accepted with additions.
CELLAR FLOOR VARIANCE REQUEST
134 ROCKLAND STREET
The Board reviewed a homeowner request for a variance from Hingham Supplemental (septic) regulations relative to a cellar floor/ groundwater drainage issue.
Applicant spokesperson: Brendan Sullivan
The Board reviewed the following documents:
- Report from Mr. Capman dated 12/2/10.
The Board discussed the following issues:
- Various under-floor waterproofing and drainage systems were discussed.
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 Supplemental (septic) Rules and Regulations sections VI.14 conditional to the submitted 10/20/10 plan.
SWIMMING POOL LIFEGUARD WAIVER REQUEST
152 SHIPYARD DRIVE, AVALON COMMUNITIES
The Board reviewed a request from Mr. Harold Alvarez, Maintenance Supervisor, to have the state-recommended requirement of an on-duty lifeguard waived for the Avalon pool facility.
The Board reviewed the following documents:
- Letter from Mr. Alvarez dated 10/22/10
- Report from Mr. Capman dated 12/6/10
The Board discussed the following issues:
- This is a new pool and community development in Hingham.
- Where no representative accompanied this application, questions about staff oversight, staffing hours and safety equipment knowledge were unanswered.
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To postpone action on this request pending the applicant’s participation at the meeting.
PRIVATE WELL VARIANCE REQUEST
20 BAKER HILL DRIVE
The Board reviewed a homeowner request for a variance from the Hingham Private Water Supply Regulations.
Applicant spokesperson: David Gooley
The following documents were reviewed:
- Report from Mr. Capman dated 12/6/10
- Documentation from nine (9) prior private well variance requests/BoH actions from May 1999 through May 2010.
The following issues were discussed:
- The applicant’s proposal is to install a non-potable irrigation well that encroaches upon a required setback from a property line.
- The applicant’s proposal could potentially create a regulatory hardship on his neighbor’s ability to install a potable well for domestic use.
- The applicant has the ability to seek relief from the Conservation Commission regarding their setback-related purviews.
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To deny the request for a Private Water Supply variance.
PRIVATE WELL VARIANCE REQUEST
19 BACK RIVER ROAD, BACK RIVER CONDOMINIUMS
The Board reviewed a residential condominium request for a variance from the Hingham Private Water Supply Regulations.
Applicant spokesperson: Michael Jones
The following documents were reviewed:
- Report from Mr. Capman dated 12/6/10
- Plans dated 8/3/05, (received on 11/22/10)
- Documentation from ten (10) prior private well variance requests/BoH actions from May 1999 through Dec. 2010.
The following issues were discussed:
- The applicant’s proposal is for a non-potable irrigation well that encroaches upon a required setback from a property line.
- The applicant’s proposal could potentially create a regulatory hardship on the applicant’s abutter (Beal Cove Village), or themselves, to install a potable well for domestic use.
- A reported resident of Beal Cove Village stated that the two condominium associations had previously discussed this matter, including the possibility of offering an easement or property to Back River Condominium for this proposal. The Board suggested that the two neighboring condominium associations attempt to achieve a suitable agreement.
Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous);
To deny the request for a Private Water Supply variance.
DEFINITIVE SUBDIVISION APPLICATION
987 MAIN STREET, SPRAGUE COURT
The Board informed the applicant that based on additional information it would like to renew discussion on this application, which until December 10th is still before the BoH.
Applicant spokesperson: Gary James
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To renew discussion on the Board’s 11/17/10 vote to approve, with an accompanying “notice” to the Hingham Planning Board, the ‘Sprague Court’ definitive subdivision at 987 Main St.
The Board reviewed the following documents:
- Draft minutes from the 11/17/10 meeting.
- Correspondence from Mr. Capman to Mr. James dated 12/7/10.
- Attorney work product from Hingham Town Counsel Atty. James Toomey dated 12/7/10.
The Board discussed the following issues:
- The “notice” accompanying the Board’s vote on 11/17/10 made it appear that approval of this definitive subdivision was conditional to certain limitations and ill-described actions relating to the ‘front lot’, which the Board considered non-conforming to existing regulations. The Board recognizes that every applicant and the community at large is entitled to a clear understanding of pertinent regulations regarding any permit application or variance request that the Board is duly charged to act upon.
- Town counsel provides examples of case law that states: (1) the BoH may not contradict existing regulation when providing recommendations that supplement the regulations; and (2) a landowner can not create a second buildable lot by selling off a non-conforming lot containing the original house.
- Town counsel is of the opinion that: “As the applicant is creating the violation by dividing the lots, he is creating his own hardship. Therefore, this hardship would not entitle the applicant to a variance to remedy the deficiency. As such, the (BoH) has sufficient grounds to disapprove the Definitive Subdivision Plan.”
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To rescind the Board’s 11/17/10 vote to approve the ‘Sprague Court’ 987 Main St. definitive subdivision.
Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To deny the ‘Sprague Court’ 987 Main St. definitive subdivision application and forward this denial to the Planning Board.
EXECUTIVE HEALTH OFFICER’S REPORT:
- Hingham Health Dept. Budget
Mr. Capman briefly recapped the department’s FY2012 budget with the Board, adding that he will be presenting this budget, including a 2.5% reduction in expenditures, to the Selectmen on Dec. 14th.
- Public Media Article
Mr. Capman reviewed with the Board a 12/6/10 newspaper article from the Boston Globe describing how a Hingham developer is suing the Town for an alleged misconduct by a number of town officials and employees. Notably included in this suit is the former town Health Agent.
MINUTES
The Board reviewed the minutes of the 11/17/10 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 November 17, 2010 as drafted.
SCHEDULING
The next meeting is scheduled for Wednesday, January 26, 2011 at 7pm.
ADJOURNMENT
The December 8, 2010 meeting of the Hingham Board of Health adjourned at 8:28pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health