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Town of Hingham
Board of Health Meeting Minutes

October 8, 2013
A posted public meeting of the Board of Health (the Board) was held in the East Hearing Room, 210 Central St., Hingham, Massachusetts.
The meeting was called to order by Mr. White at 7:03pm.

Members Present:
Stephan White, Chair
Peter Bickford, Member
Kirk Shilts, D.C., Member

Staff Present:
Bruce Capman, R.S., Executive Health Officer
Susan Rowe, Health Agent

Agenda:
Mr. White reviewed the agenda with the Board.
Thereafter, the meeting's agenda was accepted as amended.

Minutes:
The Board reviewed the minutes of the 9/5/13 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 the September 5, 2013 public meeting as drafted.

Scheduling
The next meeting of the Hingham Board of Health was tentatively scheduled for Tuesday November 5th, 2013 at 7PM.

Executive Health Officer Report:

 Hingham Pizza and Muang Thai restaurants have installed their required grease traps, which has been inspected by the Sewer Department, the Plumbing Inspector and Health Agent Rowe.
 Nona's Ice Cream will pay a fine of $100.00 for non-compliance of the Fats Oils and Grease regulation (FOG), which will be due at the year-end food permit bill.
 Derby Street Shoppes is in full operation. There is concern about adding food establishments to this Waste Water Treatment Plant (WWTP).
 The Board discussed making available a list of approved cleaning agents relative to the Town's FOG regulations.
 Susan Rowe and Bruce Capman will conduct food inspections while Bill Peterson is away.
 The Board gave approval for Susan Rowe to interview and approve the hiring of an intern for the Massachusetts Department of Environmental Protection (DEP) Recycling Grant.

Proposed Recycling/Dumpster Policy:

The Board discussed the following issues:
• The bins take away from the town recycling efforts at the transfer station to promote recycling.
• Dr. Shilts would like to see a restriction on the bins of a year prohibition to see if there is a need outside of the transfer station.
• Mr. Bickford commented that since the transfer station is closed three days per week we need to investigate where else to put these bins. He doesn't feel there should be a year moratorium and if we can legally impose that requirement.
• Violation letters need to be issued to those unpermitted recycling bins. The EHO has the authority to approve collection bins if there is not a variance needed.
• A Hingham resident is concerned that the book collection bins will compete with the Hingham Public Library (HPL). Sales from books collected at the library generate $10-$15k per year which the HPL gets to keep. The collection bins will also be taking revenue from the transfer station general fund.

Direction was given to put the Got Books and Planet Aid variance applications on the next agenda.

Housing Complaint: 35 Smith Road:

The following issued were discussed:
• Mr. Capman went through the history of the complaint: The order was posted to the door on 9/17/13, the tenant moved out on 10/1/13, and then owner was given to maintain the septic system through regular pumping. The owner, Diane Gilleece, was given 30 days to replace the system. Mrs. Gilleece called and said that Grady Consulting has been hired to replace the system, but nothing was given to the Mr. Capman in writing confirming this business.
• Dr. Shilts received a call from Mr. Hay of 37 Smith Road and advised to call the chairman.
• Mr. Hay stated that this issue began with Rosano Davis dropping off 16 ft of perforated pipe and gravel in May of 2013.
• Mrs. Hay of 37 Smith Road is concerned that the septic system was squirting out of the ground and the BOH did not do anything.
• The owner of 39 Smith Road, Mr. Caudill is concerned about the time it is taking to get the owner to fix the system.
• Mr. White advised Mr. Capman to go to Brockton Court tomorrow to get a condemnation order issued.
• Mr. Bickford stated that where this has been going on since May we need to do something.
• Mr. Capman stated that he wanted to get a Board decision before he moved forward with court action.

Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous); To have Mr. Capman go to Brockton Housing Court and schedule a date to take the homeowner to court. To have Mr. Capman issue an order to the owner to have her system pumped and/or inspected every 10 days. To order Mrs. Gilleece to appear in front of the board to take action to condemn the home with 30 days to discuss compliance or initiate more action.

Susan Rowe was asked to take a soil sample once Mrs. Hay calls BOH office.


Septic Variance Discussion: 25 Elmore Road:

The Board continued the hearing due to improper notification of abutters. The discussion will be continued on to the November 2013 agenda.

Septic Variance Discussion: 10 Elmore Road:

The Board reviewed a homeowner request for variances from State Title 5 and from the Hingham Supplemental (septic) Regulations relative to upgrading a failed sewage disposal system.
Spokesperson: Terry McSweeney

• Mr. McSweeney explained that the home is a one bedroom dwelling and designed for 110 gallons of effluent per day. He will also add variance 15.405 1(i) Sieve Analysis was performed. He is proposing to use plastic chambers and the system is out of the 100 foot buffer zone to a wetland.
• Steven Buccillo of 34 Lyndon Road stated his concern that the Board of Health is trying to change the elevation of the area and that there are many mounded systems. He also is concerned that there is a drainage pipe in disrepair on a neighbor's property.
• Mr.White suggested to Mr. McSweeney to extend the rubber membrane and to address the swale. He also advised Susan Rowe to look into construction of the pipe that is in disrepair.

Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To grant four (4) Divergences from State Title-5 regulations, 15.405(1)(a), 15.405(1)(b), 15.405(1)(b) & 15.405 1(i) and two (2) Variance from the Hingham Supplemental Rules and Regulations sections VI.9 & VI.12(a). Additionally, the rubber member needs to be extended along the property line and to survey the swale.

Septic Variance Discussion: 54 Cushing St:

The Board reviewed a homeowner request for divergences/variances from State Title 5 and from the Hingham Supplemental Regulations relative to upgrading a failed sewage disposal system.
Spokesperson: Terry McSweeney

• The pervious permit which was approved in 2009 has expired. The plans include a proposed garage, no flow or variances are required for the garage.

Thereafter, a Motion was made by Mr. Bickford and Seconded by Dr. Shilts and it was VOTED (unanimous);
To grant one (1) Divergence from State Title 5 Regulation; 15.405 1 (a) and four (4) Variances from the Hingham Supplemental Rules and Regulations sections VI.9 & VI.12a, VI.5 and VI.6.

New Construction Septic Variance: 365 East Street:

The Board reviewed a homeowners request for divergences/variances from State Title 5 and from the Hingham Supplemental Regulations relative to a proposed sewage disposal system.
Spokesperson: Paul Mirabito

• The request is for a variance to groundwater due to ledge for a full cellar dwelling. The waterproofing system is a depleted membrane slightly different than the system which has been approved by the Board of Health historically.
• Mr. White also pointed out that the system is over 200 feet from the house which will also require a variance. Mr. Mirabito said he would re-configure to plans to remove the need for this additional variance.

Thereafter, a Motion was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED (unanimous);
To grant a variance from the Hingham Supplemental Rules and Regulations section VI.14; and submit revised plans to the Board of Health by 5:00 on 10/9/13 of the dwelling being within 200 ft of the Septic Disposal System.

Adjournment:

The October 8, 2013 meeting of the Hingham Board of Health adjourned at 10:14pm

Submitted by:

Susan Rowe, Hingham Health Agent