C h i l m a r k B o a r d o f H e a l t h
M i n u t e s
Wednesday, March 4th 2009
Chilmark Town Hall
5:00 pm
Present: Katie Carroll (Chair), Mike Renahan, Jan Buhrman
Also Present: Chris Alley (Schofield, Barbini & Hoehn), George Sourati (Sourati Engineering Group), Jonathan and Jill Bernstein (27.1-166), Reid Silva (Vineyard Land Surveying and Engineering), Bill Wilcox (Martha’s Vineyard Commission), Joshua and Angela Aronie (Menemsha Café), Lenny Jason (Chair, Dukes County Commission), J.B. Riggs Parker (member, Board of Selectmen) Wendy Weldon
Minutes of January 21st and February 4th, 2009 approved.
Performance Evaluation: Chuck Hodgekinson (Coordinator of Administrative Support) reported on this year’s procedure for performance evaluation of staff. Board Chairpersons will be asked to respond in writing to three questions, including the collaborative development with the staff member of goals and objectives for the coming 12-month period. Administrator/Inspector Marina Lent will be due for a performance evaluation on May 26, 2009, after the completion of six months of work for the Board.
Rabban (8-16) Chris Alley reported on plans to replace the existing system with a Title 5 compliant system, increasing capacity from 5 to 6 bedrooms. Mike Renahan asked why this replacement was being undertaken at this time. He noted that there were no records with the BOH of any difficulties with the current system, and wished to know the reason for the expansion in capacity.
The Board stated that it wanted confirmation on the number of bedrooms, any updated information on recent pumpouts, and the last inspection done. The Board approved the disposal system construction permit as submitted.
Bernstein (27.1-166) George Sourati (Sourati Engineering Group) reported on a proposed upgrade of the septic system of a four bedroom house (one bedroom detached). The year-round residence is on a small (9,111 square foot) lot which also includes an existing well.
While distance to salt marsh and distance to groundwater limits can be attained, the plan will require variances. Title 5 variances are reduction in distance between the soil absorption system to the well from 100’ to 51’, and reduction in the distance from a soil absorption system to the cellar wall from 20’ to 13’. Chilmark BOH regulation variances will be required to reduce the required distances 1) from leaching system to well from 150’ 50 51’; 2) from leaching system to property line from 30’ to 10’ and 25’; 3) from leaching system to cellar wall from 20’ to 13’; 4) from leaching system to neighboring leaching facilities to less than 300’; and 5) from a leaching system to a watercourse (wetland) from 150’ to 106’.
Mike Renahan asked Marina Lent to look up whether the BOH is constrained to a minimum distance of at least 75’ in granting a variance for distance between a leaching system and the drinking water well. He expressed concern about possible health risks in the proximity of the proposed and neighboring leaching systems to the drinking water well, and further noted that the BOH will need a letter from the owners acknowledging that they are aware that their drinking water well does not meet the State and Town required setbacks. Owners Jill and Jonathan Bernstein agreed to write a letter for the Board.
The Board of Health will hold a public hearing at its next meeting on March 18th 2009 to review the Disposal Works Permit application for this property. George Sourati will demonstrate that abutters have been notified within the timeframe specified by Title 5.
Middle Line Road Project (13-43) Ten well permit applications for the Middle Line Road affordable housing project were reviewed by the Board. The Board noted that the locations of the proposed wells were not marked on the sketches accompanying the well permit applications, nor were distances indicated. Mike Renahan will call John Clarke (Island Water Systems) to specify information needed by the Board to approve the well permits.
Weichert (4-13) Reid Silva (Vineyard Land Surveying) reported to the Board on his investigation as to whether it would be possible to re-route the plumbing to exit the house on the other side: complications with the porch area will preclude moving the tank of the proposed upgraded septic system to the other side of the house away from the Coastal Zone. However, the proposal as presented to the BOH at its meeting on February 4th, 2009 fulfills Title 5 requirements, and the Board approved the plan as presented.
Lee (33-123) Reid Silva (Vineyard Land Surveying) presented a well proposal with variance request for this property. The well currently serving the property is located on an abutting lot and the owner would like to establish a drinking water well on the property. The proposed well would be located 106’ from the septic system, which does not meet the 150’ distance between the leaching system and the drinking water well required by Chilmark regulations. Reid Silva noted that no abutting septic systems were found within 150’ of the proposed well. The Board noted receipt of a letter from the property owner dated February 24, 2009 which acknowledges and accepts the proposed separation of 106’. The Board awaits a well permit application from John
Clarke.
Huntington (16-16.1) Reid Silva (Vineyard Land Surveying) presented a Disposal System Construction Permit application. The Board approved the plan as presented.
Walsh, (25-11) Board Member Katie Carroll did not participate on this agenda item due to conflict of interest. Marina Lent reported on response from Michael Goldsmith to the Board’s query about prevention of sale of the property prior to definitive resolution of the well issue. Michael Goldsmith writes that they will move for summary judgment seeking an order compelling Walsh to install a well, which will be heard in April.
Reid Silva (Vineyard Land Surveying) reported that he had had informal discussions with Mr. Walsh, and conveyed a letter to the Board of Health from Thomas Walsh and Family. According to the letter, “Emmett Carroll and I … agree that I may put in a new well at my expense adjacent to the well we now share.” The Board noted that this would still require two sets of easements, one with Emmet Carroll, and one with the Town, as the line from the new well would run under Town property. Reid Silva asked whether he may be able to use the existing well line.
The Board asked Reid Silva to follow up with Mr. Walsh to determine whether a solid commitment for a specific completion date could be made.
Danson (24-165) The Board approved a well permit application submitted by Island Water Source, Inc., but will want assurance that the old well will be properly abandoned.
Fenner (11-35) The Board reviewed a letter from Frank Fenner submitting a well permit application and requesting a variance from the required distance of 150’ separation between leaching facility and the proposed well down to 140’, and for the well-to-property-line distance of 12 feet, instead of the 30’ required by BOH regulations. The Board approved the well permit with the following conditions: the existing well needs to be properly abandoned in accordance with Title 5, and the Board will require a letter from Mr. Fenner acknowledging that the distance from his septic system to the proposed well is 140’, which is 10’ less than the 150’ required by Chilmark regulations.
Taylor (33-26) A public hearing was opened at 5:36pm. The Board noted receipt of certified mail slips indicating that notice of the hearing specified by Title 5 had been given to abutters, and Marina Lent confirmed that no letters or other communication had been received regarding this property.
The following variances will be required for the proposed upgrade of the septic system on the Taylor property: Title 5 variance request: reduce leaching area to wetland separation from 50’ to 34’. Chilmark Bylaw variance requests: to reduce 1) leaching area to well separation from 150’ to 100’, 103’ (33-154) and 130’ (33-23); 2) leaching area to saltwater body separation from 200’ to 76’; 3) leaching area to leaching area separation from 300’ to 87’ and 214’; 4) property line separation from 30’ to 25’ and 5) leaching area to wetland separation from 150’ to 34’.
Reid Silva presented a proposal to replace the existing cesspool, located at the edge of a marshland, with a drip dispersal system. He stated that the lawn area in front of the house was the only viable location for a septic system on the property, and, even there, it would require variances. The existing well is 3 ½ feet from the property line.
Katie Carroll noted that the Board felt that it was important to ensure that vehicle access to the leaching field was definitively prevented.
Bill Wilcox (Water Resource Planner, Martha’s Vineyard Commission) noted that the drip dispersal system is currently in use on the Island, for example at the Martha’s Vineyard Savings Bank in West Tisbury. It appears to function well under the right conditions. He emphasized that it needs an operation and maintenance agreement, and that it is a system that needs to be kept running year ‘round.
The Board noted that Gertrude Taylor has been a careful steward of her property and was thus a good candidate for having an alternative/innovative system.
The Board approved the proposal with the following stipulations: landscaping or other features would have to be established to preclude the possibility of vehicle traffic on the drip dispersal system; and the system needs an Operation and Maintenance Agreement, a copy of which should be filed with the Board. The Board also requires a letter from Ms. Taylor, acknowledging that the separation of the leaching field to the drinking water well is 100 feet, below the required 150’ distance.
Starr/Strane (11-50) as-built received 2/17/2009
Zane (8-31) as-built received 3/3/2009
Menemsha Café: Josh & Angela Aronie introduced their plans to operate the Menemsha Café (formerly known as Helman’s, Menemsha Deli) this coming season. The Board reviewed a business plan and tentative menu, reminded the Aronies that construction cannot commence without prior approval from the Board, and encouraged them to keep in close contact with the Board as their preparations develop.
Food Establishment Permit applications received: Menemsha Café, All Island Fish Market, Menemsha Market, Larsen’s Fish Market. Marina Lent will do pre-operation inspections of these establishments.
Food Establishment Inspections done: Chilmark Chocolates, Ethel’s Kitchen
Tobacco Permit application received from Menemsha Market was approved by the Board.
Disposal Works Installer’s Permit application from Brickstone Construction was approved by the Board.
Wastewater Management Study Bill Wilcox (Martha’s Vineyard Commission) introduced the Martha’s Vineyard Wastewater Management Study. The study will examine options for improved wastewater management on Martha’s Vineyard. It is to be expected that, some time in the future, the State will move towards mandating reduction in nitrogen loading into environmentally sensitive areas. This study will provide some of the preliminary research needed to respond to such requirements.
The work done so far includes cost estimates for cluster systems and satellite treatment. The next phase of the project will involve evaluation of a number of Prototype areas to create a blueprint for assessing feasibility of any needed de-nitrification systems in various Island watersheds. The Board discussed various areas in Chilmark which may be suitable for this phase of the study.
Mike Renahan noted that the Town had spent time and resources on shellfish propagation and that it would be very good to boost these efforts with remediation of water quality problems.
Mosquito Surveillance in 2009 Lenny Jason (Chair, Dukes County Commission) discussed the Board’s decision at its meeting of February 4th to not fund the County’s mosquito surveillance program in FY2010. Mike Renahan stated that the Board had felt that the money would be better spent elsewhere. Jan Buhrman felt that the spraying for mosquitos which would follow a West Nile positive finding would probably pose more of a threat to health and the environment than West Nile itself.
The Board decided that using resources to promote public education and precautions at the individual household level would be far more valuable in addressing the issue. Jan Buhrman will draft a memo outlining the Board’s views on this matter.
Martha’s Vineyard Refuse Disposal and Resource Recovery District (MVRD): Chilmark Representative Frank Fenner’s appointment expires March 17, 2009. The Board renewed the appointment for another two-year term.
Re: change in seasonal hours at Chilmark LDO: The Board considered a proposal from MVRD Director Don Hatch to change hours of the Chilmark LDO. The Board decided to maintain the hours specified in the current contract.
Chilmark Community Center drinking water update: the well’s above-ground components have been restored, the well has been thoroughly chlorinated and flushed, and all tests so far have been negative for total coliform.
Potassium Iodide distribution 43 Chilmark citizens received 1 dose each at the Chilmark Community Center, Feb 18th , 2009
Training: Marina Lent will attend a DPH Lead Inspector training class in Boston, April 1st and April 8th, and a US-FDA course on Temporary Food Events, April 28-29, in Sturbridge, MA.
DEP notification of an underground storage tank spill at Roglieri (25-116) was reviewed by the Board. Marina Lent will contact DEP for a report of the incident, which had not been brought to our attention by the owner of the property.
Invoices: The following invoices were approved for payment:
· VNA home visits $276.25;
· Research Products/Blankenship, Liners for incinolet toilets $ 107.45;
· Massachusetts Water Works Association membership $75.00;
· MAHB Private Well Protection Handbook $20.00,
· MAHB Legal Guide for Boards of Health $40.00.
_______________________ _______________________ _______________________
Katherine L. Carroll, Chair 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 recording. The recording is on file and available for perusal.
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