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Town of Hingham
Board of Health Meeting

NOVEBMER 16, 2011
A public 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. Bickford at 7:08pm.

MEMBERS PRESENT
Peter Bickford, Chairman
Kirk Shilts, D.C., Member
Stephan White, 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 meeting's agenda was accepted with additions.

SEPTIC VARIANCE REQUEST:
265 GARDNER STREET
The Board reviewed a request from landowners Mr. Charles Kourafas and Ms. Marsha Cochran for a variance from the Hingham Supplemental (septic) Regulations relative to new construction.
Applicant spokesperson: John Glossa
The Board reviewed the following documents:
• Report from Mr. Capman dated 11/14/11
• Glossa Engineering plot plans (revised) dated 11/3/11
The Board discussed the following issues:
• The proposal is for new construction on an undeveloped site.
• There are two separate lots being combined to form a single 43,231 s.f. residential property.
• The site has "zero" feet of naturally occurring pervious soils above maximum groundwater.
• The proposal involves constructing an approximate six-foot high mound of soil to safely disperse septic effluent.
• Dr. Shilts mentioned that it has long been the Board's policy to hold all new construction proposals to the regulatory standard. He said the Board has granted a few exceptions in regards to regulations VI.9 and VI.12(a) for new construction projects but on a condition that the ensuing septic system design does not pose an adverse or undesirable influence on the actual property, the surrounding properties and the Town. Dr. Shilts opined that a six-foot high septic mound would constitute an undesirable eyesore.
• Mr. Bickford was unsure if the Board ever granted a soils-related variance for new construction where groundwater is so close to the surface, particularly when a proposed site possesses "zero" ability to keep effluent out of the water table.

Thereafter, a Motion was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant up to a sixty-day extension for this application.

SEPTIC VARIANCE REQUEST:
40 CANTERBURY STREET
The Board reviewed a request from landowner Mark Sacco for a variance from Hingham Supplemental (septic) Regulations relative to new construction.
Applicant spokesperson: Al Loomis
The Board reviewed the following documents:
• Report from Mr. Capman dated 11/14/11.
The Board discussed the following issues:
• The proposal involves a cellar floor/distance to groundwater setback.
• The property is within the Weir River Sewer District and will have municipal sewer service.
• The proposal involves the removal of a significant amount of rock ledge.
• At its tallest, the basement will include a 9-foot cellar wall. Approx. 25% of the basement will comprise only a 4-foot crawl space.
• The basement waterproofing system appears consistent to past approvals.
• The proposal appears to represent maximum feasible compliance.

Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To grant a single variance from the Hingham Supplemental (septic) Rules and Regulations section VI.14; conditional to installing the waterproofing and drainage system identified within Mr. Capman's 11/14/11 report.

HOUSING HEARING:
14 HEMLOCK ROAD
The Board reviewed a tenant request to suspend an order of the Hingham Executive Health Agent that the landlord conducts an asbestos abatement within the tenant's rental unit.
Applicant spokesperson: Louis Bonitto
The Board reviewed the following documents:
• Eight (8) related correspondences that range from 8/3/11 to 11/15/11.
The Board discussed the following issues:
• The asbestos located within the rental unit basement area is reported to be non-extensive and undisturbed.
• The tenant is asking to delay the asbestos removal until he has moved from the unit at the end of his lease in approximately six-months. The landlord is acceptable to the tenant's request.

Thereafter, a Motion was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To suspend Mr. Capman's 9/6/11 asbestos abatement order for the residence at 14 Hemlock Road until June 1, 2012 or sooner upon the current tenant vacating said rental unit.

GENERAL DISCUSSION:
HINGHAM SUPPLEMENTAL RULES AND REGULATIONS FOR SEPTIC SYSTEMS AND TREATMENT PLANTS
The Board discussed the issue of non-conforming lots and the potential practice of selling off a portion of an existing Form A lot, either conforming or non-conforming, to an adjacent lot which then places the original lot into non-conformance or further non-conformance relative to the Hingham Supplemental (septic) Regulations.
The Board reviewed the following documents:
• DEP regulations 310CMR 15.010
The Board discussed the following issues:
• Mr. Bickford expressed a concern that an attempt to employ this improper practice could potentially proliferate causing public confusion and possible legal challenges on this issue. He reminded the Board how it was recently exposed to this very issue relative to a recent preliminary subdivision application.
• Mr. Capman thought the current Hingham Supplemental (septic) Regulations may not adequately express a clear prohibition against this practice. He reviewed with the Board the (above referenced) DEP regulation that specifically addresses this improper practice.
• Mr. Capman added how there were other items that could be better clarified within the Hingham Supplemental (septic) regulations, and how periodic revisiting and updating of all of the Board's regulations is something that the public would expect.

Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To establish the following Board Policy on dividing lots into non-compliance relative to the Hingham Supplemental (septic) Regulations pending the policy's inclusion and subsequent adoption within the Hingham Supplemental (septic) Regulations:
"Prior to dividing a facility, as defined under State Title 5, all existing systems shall be inspected in accordance with 310 CMR 15.301(8). The division of a facility shall not be approved unless the Board has determined that the division will not put existing systems in noncompliance with the Title 5 and the Hingham Supplemental (septic) Regulations and the applicant has demonstrated to the satisfaction of the Board that the division of property will not prevent the upgrade of existing systems in accordance with Title 5 and the Hingham Supplemental (septic) Regulations. Failed systems shall be upgraded in accordance with 310 CMR 15.305 and the Hingham Supplemental (septic) Regulations. Existing systems shall be altered as required by the Board for each new facility divided out of the original facility."

EXECUTIVE HEALTH OFFICER'S REPORT:
 Hingham Health Department FY 2013 Proposed Budget
Mr. Capman reviewed with the Board his proposed budgets for Fiscal Year 2013. Three budget scenarios were reviewed, (1) Level Service, (2) 2% Reduction and (3) Request for New Funding. He stated that the need for food inspection services have markedly increased due to a steady increase in the number food establishment permits. Nevertheless, he believed that some employee hour reductions might be inevitable.
Thereafter, the Board gave direction to Mr. Capman.

 Proposed Waste Stream Recycling & Dumpster Regulations
Health Agent Rowe reviewed with the Board proposed (11/15/11) draft regulations titled: "Recycling and Dumpster Requirements for Residents and Businesses within the Town of Hingham". The Board discussed the importance of reviewing the proposed regulations with each Town department that is identified within the proposed draft, the Hingham Long Range Rubbish and Recycling Committee and also the concerned resident who previously appeared before the Board requesting the imposition of new regulations for dumpsters.
Thereafter, the Board gave direction to Ms. Rowe.

 Septic Systems Best Practices
Mr. Capman reviewed with the Board the MassDEP "Caring for your Septic System: A Reference Guide for Homeowners". The document included sections on proper system function, maintenance, pumping frequency, helpful tips & do's and don'ts.
Thereafter, the Board gave direction to establish a link to this document from the Hingham BoH website.

 Aquarion Water Co. Fluoridation
Mr. Capman provided the Board with a copy of his letter to Aquarion Water Co. dated 11/16/11, regarding the federal government's new fluoridation standard, with copy sent to the Hull and Cohasset Boards of Health.

MINUTES
The Board reviewed the minutes of the 10/19/11 public meeting.
Thereafter, a Motion was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the minutes of October 19, 2011 as amended.

SCHEDULING
The next meeting of the Hingham Board of Health was scheduled for Wednesday, December 14, 2011 at 7pm.

ADJOURNMENT
The November 16, 2011 meeting of the Hingham Board of Health adjourned at 9:20pm.

Respectfully submitted,

Kirk Shilts, D.C.
Hingham Board of Health