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, May 6th 2009
Chilmark Town Hall
5:00 pm
Present: Katie Carroll (Chair), Mike Renahan, Jan Buhrman
Also Present: George Sourati (Sourati Engineering), Reid Silva (Vineyard Land Surveying), John Abrams (South Mountain Company), Marina Lent (BOH Secretary), Lev Wlodyka (13-7), Jen Wlodyka (13-7)
Minutes of April 15th, 2009 approved.
Fodor (18-49.1) George Sourati (Sourati Engineering Group) presented two separate disposal system construction permits for the property. There are no existing dwellings on the property, but it does have a five-bedroom septic system in place with a 1,000 gallon tank and a leaching pit, constructed in 1995 by J.T. Vogel Excavating and Landscape. The system has never been used.
The first permit application is for installation of a new 1,500 gallon septic tank to replace the existing 1,000 gallon tank, which is inconveniently located. The new tank will be connected to the existing septic leaching pit and will serve a proposed two-bedroom barn with a kitchen. George Sourati noted that a certificate of compliance had been issued by the Board of Health for this system, which was also inspected in October 2006 by Doug Cooper. He noted that, when he checked three weeks ago, the pit was dry.
Mike Renahan argued that, although the system would be compliant if serving a pre-existing dwelling, this system will require new construction and should be served by a Title 5 compliant system. Katie Carroll and Jan Buhrman felt that the system was compliant under old Title 5 and noted that the system had been designed for five bedrooms and would only serve two.
The permit was approved by a vote of two to one, Mike Renahan voting against.
The second disposal system construction permit application presented by George Sourati was for a proposed six-bedroom, Title 5 compliant system on the same property, to serve a dwelling that will be built some years in the future. George Sourati stated that the owner’s long-term plan for the property is to build the two-bedroom barn described above, use it as a primary, temporary dwelling for a few years, and then to convert the barn into a detached bedroom (taking out the kitchen) and build a six-bedroom house.
Board members pointed out that the 1,000 ft2 barn is larger than the 800 ft2 maximum required by zoning regulations for a guesthouse. The Board felt that it was best to hold off on approval of the second construction permit until it is clear that a building permit for the proposed dwelling can be obtained. However, the Board agreed to write a letter to Geoge Sourati noting that the plan is an approvable plan for the single, six-bedroom dwelling it is designed to serve.
Steiner (20-24) John Abrams (South Mountain Company) addressed the Board to clarify whether or not a proposed poolhouse for the Steiner property would be viewed by the Board as an additional bedroom. John Abrams assured the Board that the room in the house was open to a kitchenette, and that the poolhouse doors, having large glass panels, would not provide the privacy necessary for a bedroom.
5:32pm PUBLIC HEARING: Wlodyka (13-7) The hearing was opened at 5:32pm. Marina Lent confirmed that no written, e-mail or telephone communication regarding this property was received since public notice was given. Reid Silva presented a proposed 4-bedroom septic system to serve a proposed 4-bedroom dwelling. He pointed out locations of nearby wetlands as reflected on the proposed plan, and noted that a perched water table had been found at a depth of four feet. In order to avoid more extensive mounding over the leaching field to achieve distance to groundwater, he recommended a drip dispersal system. This would require only ca. 1 foot of mounding, which would easily blend into the landscape so as to be barely noticeable.
The Board strongly recommended using landscaping or other unmistakable barriers to protect the drip dispersal leaching field from vehicle traffic, since it would be located near the proposed driveway. The Board then unanimously approved the disposal system construction permit as submitted.
Krause (29-23) Marina Lent reported having spoken to Steven Krause regarding the operation and maintenance of the Bioclere system. Marina will accompany the system operator when he comes to perform routine maintenance on May 12th. The Board instructed Marina Lent to ensure full compliance with the terms of the Grant of Title 5 Covenant and Easement between the Board of Health and the Schuelein Chilmark Nominee Trust of September 11, 2003 and the Covenant between the Chilmark Planning Board, Chilmark Board of Health and the Schuelein Nominee Trust.
Grin Acres (21-10, 13, 14) Reid Silva presented a revised septic design plan by which the proposed leachfield and reserve area have been reconfigured in essentially the same location shown on the plan originally approved by the Board on November 12th 2008, and a proposed detached bedroom structure was shown on the plan. The bedroom count remains the same as the previous plan, at six bedrooms. The revised plan of 3/30/2009 was unanimously approved.
Walsh (25-11) Marina Lent reported on a brief conversation with Mike Goldsmith (Reynolds, Rappaport & Kaplan), who reported that the court has not yet heard a motion for summary judgment on this case. The Board asked Marina Lent to get an update from John Clark (Island Water Source, Inc) on whether a well proposal on the Walsh property is in preparation; if not, the Board requested Marina Lent to ask Mike Goldsmith to move for a summary judgment compelling Walsh to install a well, and to look into whether a lis pendens or some other order is available to address the Board’s concerns.
Scott (24-1) Reid Silva presented a disposal system construction permit application for an 8-bedroom system on a 29-acre property. The proposed system will require a pump. The system will serve an existing 5-bedroom dwelling with a future 1-bedroom addition and a proposed 2-bedroom guest house. The proposal as presented does not require variances. The Board approved the proposal.
Campbell (11-76) The Board reviewed a well permit application from John Clark to remove the existing well and replace it with a drilled well. The Board approved the permit application after specifying that the existing well is to be removed and/or properly abandoned.
Meinelt (17-5) as-built received
Stevens (30-59) as-built received
Campbell & Douglas (11-52) Inspection report received from Doug Cooper
Nixon (21-64) well completion report received from John Clark
Camping Permits The Board noted a verbal report that campers at the Flanders site on Peaked Hill had used a neighbor’s portable toilet last season. Marina Lent was asked to make a visit to the site this season to ensure that the facilities required by BOH regulation are in place.
Frozen Dessert testing The Board instructed Marina Lent to call Cynthia Barletta to clarify requirements for testing of frozen desserts and determine how many establishments in Chilmark require testing, and who is available to do the testing.
Food Establishment Inspections done:
· Residential Kitchen for Roberta Morgan
· Larsen’s Fish Market
· Menemsha Café
CCC Non-Compliance Notice for June/July 2008 The Board took note of a non-compliance notice from the DEP for the Chilmark Community Center. Marina Lent has already sent in the requested paperwork.
Letter to Pumpers Marina Lent was instructed to write a letter to all Septic haulers permitted by the Town of Chilmark reiterating the requirement for having a pumping permit in their possession when transporting septage through the Town. The Board suggested that the relevant Massachusetts regulations be appended to the letter and that a copy of the letter be sent to the Chilmark Police Department.
Chilmark Landfill The Board took note of the Cover Inspection report which requires that turbines be present on Area 4; that fence vegetation be removed; and that the area be kept clear of windblown litter and broken glass. Mike Renahan will call Don Hatch to address these requirements.
A proposal from Tim Carroll to replace Landfill locks was also reviewed by the Board.
Menemsha Porta-Pottie The Board noted that, due to a late start of the Menemsha Water Company, the porta-potty at the Comfort Station has been kept on-site beyond April 30th. The Board asked Marina Lent to discuss with Tim Carroll how the additional days of potty-rental will be paid for, since the BOH budget covers only through April, to confirm that water has been turned on, to check with Kent Healy whether the porta-potty will be needed during the planned upgrade of the Comfort Station septic system this month, and then to call Araujo Bros. and have the porta-potty removed.
Training
· Cross-Connection Control class postponed to July 13;
· 14th Annual Southeastern Mass Drinking Water Fair, June 18th, 2009
Invoices
· Wampanoag Lab Aquinnah water testing $105.00
· Refund for McDonough’s Kitchen Food Establishment Permit $ 60.00
· MVRD: invoice for quarterly inspections $2,661.12
· MVRD: Gas Monitoring 50% $76.94
· MVRD – Transportation and Recycling transportation $1,684.60
_______________________ _______________________ _______________________
Katherine L. Carroll, Chair Michael A. Renahan Janet L. Buhrman
Chilmark Board of Health Chilmark Board of Health Chilmark Board of Health
A recording of this meeting is on file at the Board of Health office and available for on-site review.
| 
