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February 20, 2008
Attendees: Katie Carroll, Michael Renahan, PersonNameJan Buhrman, Michael Lieberman, Sharon Clauss-Zanger, PersonNameWendy Bujak, Jane Wilkie, Ron Mechur, Fran Demers, Phil Demers, Don Reese, Max McCreery, Maryann Thompson, Chris Alley, Reid Silva
The Board approved the minutes of February 6, 2008
MV Community Service, Visiting Nurse Services (MVCS-VNS) – Sharon Clauss-Zanger gave short presentation on the Healthy Living Program and changes in the Vaccine Depot. The goal of this program is to promote a healthy lifestyle that can result in a reduction in the development of chronic illness. They want to change focus to healthy living. MVCS is very interested in bidding on next year’s contract. We are currently working within the current budget. MVCS will provide the Healthy Living Program at no charge to the town. Mike asked how the VNS can have contact with more people in home health visits. placeCitySharon believes that the nursing clinic is the most effective way to accomplish this without increasing the expense of the contract. They are piloting a
new program with sixth grade children, with the focus is on diet and exercise. The Health Fair is 3/15/08 from 9 to 12:15. CDC and Mass Dept. of Public Health will now require local health departments to manage vaccine ordering and maintenance. VNS will no longer do vaccines for children or tetanus shots. The local Health Dept. can hire VNS on a contract basis if desired. This change will be effective June 1, 2008.
Maryann Thompson (24-213) – This hearing was opened at 5:30 PM. Mike stated that he wants to read all letters before making a determination. Each letter must be read into the record. Reid explained that the lot is a meadow on the south side of addressStreetYardarm Lane. There was an observation well put on the site three (3) or four (4) years ago that is still there, and being used to measure high ground water. The proposed house is six (6) bedrooms. The system is a gravel trench system, and will be raised above the ground elevation. The system will be contoured to fit with the house. The soils in the leaching area are good, and high ground water was found at 84 inches. The design requires one variance, septic to septic in the coastal district.
The separations on the leaching areas are 200 feet and 203 feet. The Coastal District was enacted through the MV Commission (MVC) guidelines in 1976. Reid stated that the MVC recommended a 200 foot separation of septic to septic in the coastal district. Most of the towns adopted that, however Chilmark increased it to 300 feet. Reid went on to explain that one of the guidelines in granting a variance is to show that you can provide the same level of treatment as if you didn’t need the variance. The treatment of wastewater is not affected by the abutting systems. The house design was not for six bedrooms, it was designed for four. The engineer designed the septic system for six bedrooms to provide flexibility to the owner. The house is only 11 feet from the reserve area because there will be no basement, only a crawl space. Ron Mechur stated that the MVC has jurisdiction over the separation between septic to septic in
the coastal district. He also pointed out that he was one of the original members of the MVC. Joanne Taylor (record keeper for the MVC) feels there was never a meeting to allow us jurisdiction to grant a variance from 300 feet to 200 feet. Jane Wilkie stated that she has been in communication with Joanne Taylor of the MVC and Joanne sent Jane a copy of what was passed by the Chilmark Board of Health and was voted on at a town meeting in December of 1976. Joanne could not find any document that amended these regulations. Jane pointed out the following items she felt were relevant from the 1976 regulations. 1) no mounding, 2) a minimum separation between leaching and ground water is five (5) feet), 3) Not less than 300 foot separation leaching to leaching, 4) Not less than 200 foot separation well to septic. These issues where taken from 1976 regulations, current regulations are dated 1992.
Michael addressed the Board of Health jurisdiction to grant variances. Is the septic system Title 5 compliant? Does the system design provide the best alternative on this lot? The Board always considers alternative nitrogen reducing systems. The engineer has taken all steps to locate the system as far away from the pond as possible. This system will meet separation requirements if it is mounded. The system next door is mounded, as many in this area are. Michael pointed out that many mounded systems have been installed in the coastal district over the years. Michael assured all present that it is the intent of the Board of Health to make sure the water is safe and clean. He pointed out that the scale, size or construction of the house is not a Board of Health issue. Michael pointed out that many of the complaints are actually zoning issues, not health issues. The Board of Health will not
treat this application any different than others in the past. Mike suggested that further discussion be postponed until the Board has researched the allegations presented so far. Phil Demers stated that one of the abutters to the project is the Abel’s Hill Association and there will be no letter from them.
Reid stated that he has never heard of the MVC raising any objections to a design. This is the first time he has heard of the MVC having a blanket jurisdiction over the Board of Health regulations. He reiterated that the Board of Health is concerned with health issues. Reid claims that they can provide a level of treatment, standard title 5 or advanced treatment. Reid claims that if you can provide a level of treatment that shows that it is not adversely affecting the resources in the area, then it is not a health problem. This hearing will be continued on March 5, 2008 at 5:30.
There will be a hearing for Bryan Hummel on March 5, 2008 at 5:15 PM
There will be a hearing for Joel Pave on March 19, 2008 at 5:15 PM
Menemsha Café – Michael Lieberman presented a business plan for his operation of the café that will now be called “Helman’s”. He plans on having an eco-friendly establishment and intends to use paper goods. He is replacing the old refrigerator, and will use steam cooking. He also plans to change the layout of the work space. He will submit a serve safe certificate to the Board of Health prior to opening. Any change in layout and menu is to reduce menu items and remove some of the appliances. He also plans to lay a new floor.
The following Disposal Works Installer’s Renewals were approved:
Vineyard Engineering, Inc. John Keene Excavation, Inc.
M.V.P. Excavation & Septic
The following invoices were approved:
MVCS Visiting Nurse Service $497.25
Wampanoag Lab 80.00
PersonNameSylvia Yeomans (travel expense) 27.93
TL Holdings (21-44 & 45) – The Board noted that this property just sold and the failed system is being upgraded by George Sourati.
Jody Newman/Marty Rosenthal (8-19) – The Board noted the documentation received from Ms. Newman confirming that the mold problem is being addressed. When this house is inspected again, Sylvia will have the Building Inspector attend also.
Respectfully Submitted,
Sylvia Yeomans
Administrator/Inspector
_________________________ ______________________ ______________________
Katherine L. Carroll, Chairperson Michael A. Renahan Janet L. Buhrman
Chilmark Board of Health Chilmark Board of Health Chilmark Board of Health
These minutes have been transcribed from a tape. The tape is on file and available for perusal
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