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Board of Health Minutes 05/19/10
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 19, 2010
Chilmark Town Hall
5:00 pm

Present:  Katie Carroll (Chair), Mike Renahan, Jan Buhrman

Also Present:    George Sourati (Sourati Engineering), Kent Healy (PE), Reid Silva (Vineyard Land Surveying and Engineering), Stanley Larsen (27.1-202)

Minutes of May 5, 2010 approved.

Perc Season The Board decided to end the season for deep observation holes/percolation tests. Out-of-season perc tests can be undertaken with prior Board review and approval.

5:15pm PUBLIC HEARING :  Packer (27.1-97)  The Board reviewed a disposal system construction permit presented by Reid Silva.  The proposed system separates blackwater from greywater, brings the greywater to a reduced-size leaching bed, while the blackwater will go into two Tight Tanks with a combined capacity of 2,500 gallons.  A Title 5 variance  will be required to obtain an easement to use the adjoining lot, half of which is owned by Ralph Packer. Reid Silva noted that a composting toilet would be difficult to place on site, due to high groundwater and the building construction, with a store located below the apartment to be served by the system.

Mike Renahan declared that he is not in favor of seeing any additional tight tanks in the area, and that all possible alternatives must be exhausted.  Ideally, a composting toilet can be found that will be feasible for the site.  He suggested removing the tight tanks from the current proposal.

The Board approved the current proposal with exclusion of the proposed tight tanks.  As an interim solution, the current leaching pit, located under the corner of the dwelling, can be used for blackwater disposal, under stringent monitoring and pumping, while a more satisfactory solution is sought.  The permit will be signed upon receipt of an updated plan.

5:50 pm PUBLIC HEARING:  Larsen (27.1-202)  The Board reviewed a disposal system construction permit application to upgrade a failed cesspool at 7 Flanders Lane presented by George Sourati.  The proposal requires the following Title 5 variances: to reduce the required distance from septic tank to property line from 10’ to 6’;  to reduce the required distance from leaching field to property line from 10’ to 6’; and to reduce the required distance from leaching field to cellar wall from 20’ to 13’.  Requested variances from BOH regulations are as follows: to reduce the required distance between leaching system to property line from 30’ to 6’;  to reduce the separation from septic tank to property line from 10’ to 6’;  to reduce the distance from a leaching system to leaching system from 300’ to 190’ (the closest neighboring leaching system); and to reduce the separation of a leaching system to watercourse/wetland from 150’ to 50’.

The Board also had before it a letter from the abutters at 11 Flanders Lane, expressing concern for the potential effects on water quality of their shallow drinking water well.  The Board reviewed the site plans, noting that the 400’ separation between the leaching field and the abutter’s well was significantly more than the already-conservative separation of 300’ required by Board of Health regulations for the Inland zone of the Coastal District.  The Board requested that Marina Lent write a letter to the abutter, giving the Board’s assurance that the proposed septic system does not pose a health threat to the quality of drinking water at 11 Flanders Lane.

The Board approved the proposed septic construction permit.

Previdi, (17-8.4)  The Board reviewed and approved  a septic construction permit for a six-bedroom house on the property presented by Reid Silva.  The proposal requires no variances, soils are good.

Grin Acres (21-10,13,14)  A thermal well permit application presented by Reid Silva was approved by the Board.

Parry (13-43.7)  The Board approved a septic construction permit following review of house plans presented by Cameron Parry.

Harrison/Zoia (33-114)   Chris Alley discussed a proposed change to the approved septic construction proposal which would involve an additional structure and full plumbing in the garage.  The Board felt that a change of this magnitude, while it would not require any additional variances for the septic system, should be reviewed at a public hearing.  The Board will hold a public hearing to review the changed proposal on June 2, 2010 at 5:15pm.

Shalhoub (18-107) Marina Lent reported that a bedroom count involving all structures on the property yields a total of 5 bedrooms.

Murphy (30-29)  Kent Healy presented a septic construction permit application to upgrade the septic system for an existing 4-bedroom house which will require two variances from BOH regulations: leachbed to well separation from 150’ to 135’, and leachbed to property line separation from 30’ to 10’.  Existing leaching pits will be filled and abandoned.

The Board noted that a letter from the homeowner, acknowledging the diminished separation of the septic system from the proposed well on the property will be required for approval.  The Board approved the proposed upgrade.

Shae (8-43) Field Inspection and Service Report with test results  for FAST Wastewater Treatment System at 11 Hammet Lane.  Mike Renahan asked that Marina Lent follow up with the company to ensure thorough operation and maintenance of this system.

Septic Inspector exam: Marina Lent passed.  Certificate expected in 3-4 weeks.

Milch (18-63)  well completion report received – potability test passes.

Chilmark Community Center and Menemsha School Public Water System Sanitary Surveys:  Marina Lent reported on the Sanitary Survey of Chilmark Community Center (PWS 406 2006) and Menemsha School (PWS 406 2003) done with DEP agent Allison Rescigno on May 7, 2010.  In the course of the survey, it was determined that the Menemsha School has a water treatment system, installed by Island Water Source.  This will require that the Operator of the system be certified at the Treatment I level.  Marina Lent is currently certified only at the “Very Small Systems” level, and thus does not qualify as the Operator of the Menemsha School.  In light of the fact that the Police Department comprises fewer than the 25 persons for >60 days per year use of the system, the DEP suggested that the PWS status for the Menemsha School could be inactivated until such time as a change in status is required. However, the Board wished to maintain active status PWS status for the Menemsha School.

BOH Pasteurization Permit:  The Board approved a pasteurization permit for Mermaid Dairy following review of water use, septic disposal capacity and inspection requirements for the facility.

Homeport, Beach Plum Inn, Menemsha Inn:   New managers Dennis Barquiero and Doriana Klumick met with the Board to discuss the upcoming season. The Homeport Restaurant will be offering take-out lunches daily, and will be open daily from 11am to 9pm.  Mike Renahan clarified that patrons using the outside tables and being served by the raw bar must be counted as full, seated patrons for water-flow calculations;  it is understood that, at this point, the outdoor tables are meant as a waiting area for patrons who will be served indoors.

Dennis Barquiro mentioned that the restaurant is investigating the possibility of installing waterless urinals.  Marina Lent will provide the breakdown of flow requirements for various categories of water use at the restaurant (kitchen, seated patrons, upstairs apartment) to Dennis for reference.

Beach access for the Menemsha Inn was also discussed: Mike Renehan noted that an invitation to a beach wedding event at Lucy Vincent Beach implied that many more people would seek beach access through the Inn than were registered guests at the Inn, and that this is not an acceptable use of beach privileges.

Chilmark Tavern manager Paul Petersiel met with the Board to discuss the upcoming season.  He noted that the Tavern will be serving brunch on Sundays from 10:30am to 2:30pm.  The Board alerted him to the limitations of the septic system, which is a tight tank.

BOH Frozen Dessert Permit for the Galley:  Marina Lent reported issuing a frozen dessert permit for the Menemsha Galley, which serves soft-serve ice cream from a machine.  The machine was found well-maintained, not yet set up for operation.  The cleaning process described meets or exceeds standards.  The product is tested monthly as required by the Microbac company, and test results are forwarded to the Board of Health office via email.

DPH Wholesale/Processing Permit  Marina Lent reported that she will inspect the Tea Lane Caterers for purposes of obtaining a wholesale permit from the Department of Public Health Food Protection Program.  This will allow product to be sold at retail outlets.

Food Establishment Permits issued to: Chilmark Store, Beach Plum Inn, Menemsha Inn, The Bite, The Galley, Captain Flanders’ House.  Follow-up inspection:  All-Island Seafood, 5/25/2010.  Upcoming pre-operation inspections:  Flour & Flower (residential kitchen), 6/1/2010.

Vineyard Nursing Association FY’11 Contract   The Board reviewed and approved a contract with the VNA for FY’11.

Invoices:    The following invoices were approved for payment:

·       VNA April 2010  $2,168
·       Wampanoag Lab Nitrate testing:  $20
·       Mileage reimbursement for 119 mi x 2 @ US$ 0.55  (Soil Evaluator course, Acton, MA)
·       MVRD replacement of two rotary ventilators %50  $114.49



The meeting adjourned at 6:45 pm.




_______________________              _______________________                  _______________________
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.