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, June 30, 2010
Chilmark Town Hall
5:00 pm
Present: Katie Carroll (Chair), Jan Buhrman, Mike Renahan
Also Present: Chris Alley (Schofield, Barbini & Hoehn), Reid Silva (Vineyard Land Surveying and Engineering), Jill Hobby-Napior (33-114), Deborah Hancock (33-114), Everett Poole (33-114), Leonard Jason (Chilmark Building Inspector), John Garrahan (33-114), James Harrison (33-114), Joel Harrison (33-114), David Handlin (33-114), Tom Tate (33-114), Adam Zoia (33-114), Elizabeth Zoia (33-114), David Zoia (33-114), Susan Zoia (33-114), Wyatt Zoia (33-114), Marsan Zoia (33-114), Jackson Zoia (33-114), Nicholas Barfell (33-114), Marina Lent (Administrator, BOH)
Minutes of June 16, 2010 approved as amended. The Board noted that minutes of its executive session of that date will need to be submitted for approval.
Bacon (16-10) Chris Alley presented a septic system upgrade proposal. The Board approved the proposal subject to ZBA approval of the proposed guesthouse.
Baum (17-24) Chris Alley presented a septic system construction proposal for a 3-bedroom guesthouse which was approved by the Board, contingent on receipt of a satisfactory well completion report and potability test, and guest house approval by the Zoning Board of Appeals.
5:15 PUBLIC HEARING: Bollin (27.1-45) Reid Silva submitted a septic upgrade proposal to replace the cesspool serving an existing 3-bedroom house on a 5,600 ft2 lot at 22 Larsen Lane.
The proposal requires the following Title 5 variances: Leaching area to property line separation: 10’ required, 0’ proposed; Leaching area to cellar wall: 20’ required, 4’ proposed; Leaching area to waterline separation: 10’ required, + 8’ proposed. In addition, the proposal requires the following variances to Chilmark Board of Health regulations: Leaching area to Leaching area in the Inland Zone of the Coastal District: 300’ required, + 100’ proposed; Leaching area to Wetland: 150’ required, 70’ proposed; Leaching area to property line: 30’ required, 0’ proposed.
The system consists of a proposed H-20, 1,500 gallon tank, a proposed H-20 1,000 gallon pump chamber, a H-20 Distribution box, and a High Capacity Leaching Chamber bed with a 40 mil PVC liner to surround it, with ends of abutting rows connected by 4” PVC pipe at the base of the end caps.
The soils were challenging and the groundwater is high, (Reid Silva noted that the existing cesspool is almost surely in groundwater), but a sandy area was found in the corner of the lot to accommodate the leaching field. The existing septic disposal system was not formally inspected because it is already obvious that it would not pass current Title 5 standards. Katie Carroll suggested that a fence be placed to prevent parking on the system due to its proximity to the road. The Board also suggested that on-site conditions may allow for placing the field just a foot or so from the road. Katie Carroll requested that a Board member be called to view the site during construction to determine whether there is any possibility of moving the system a little off the road.
The Board noted that no submissions from abutters had been received at the BOH office; no comments were offered from the floor. The Board unanimously approved the proposal.
PUBLIC HEARING cont’d Harrison/Zoia (33-114) Chris Alley opened by summarizing recent developments in the Board’s review of the Harrison/Zoia proposal: after approving a septic system construction proposal for a seven-bedroom dwelling with a de-nitrifying system on 4/7/2010, the Board reopened its consideration due to changes to the building plans. He introduced the Zoia family.
Adam Zoia addressed the Board to say that his family has been living in Aquinnah, with the children participating in the Community Center summer camp. His family spends much time enjoying the Menemsha Pond and wished to have a property with direct access to it. The detached bedroom/accessory building is intended for the grandparents to have a place to stay: the family does not do extensive entertaining. He stressed that the family is sensitive to the environmental needs of the area, and is happy to install a de-nitrifying system to reduce the impact on the Pond. He also pointed out that the current houseplans are only 400 ft2 larger than the existing house, and that the accessory structure was outside of the shore zone. He stated that design changes had been made to reduce the
visual impact of the project, and that they had taken note of the proximity of the tennis courts to the stream and lily pond and had planned drainage to handle runoff and stormwater, which could then be used for irrigation, thereby also reducing well-water use and impact. They had actively sought ways to improve the impacts on the property. He also noted that the dwellings are for seasonal, not year-round use.
Architect John Gerrehan demonstrated a room count showing how compliance with Title 5 had been ensured by making some changes to the design. Adam Zoia indicated that the room in the barn was already prohibited from being used as a bedroom through the agreement with the Conservation Commission, and that the Conservation Commission has the right to inspect the barn at will to ensure that it isn’t being used as a bedroom.
Katie Carroll expressed disappointment that the plan before the Board did not remove wastewater from the barn as had been discussed at the Board’s meeting of June 16th. John Gerrehan replied that it seemed a reasonable amenity to have a bathroom and a shower in the barn, for use while doing art projects, working on the boat, or playing tennis.
Mike Renehan asked why there were two full kitchens in the main house, implying possible use of the building as a duplex unit. He was given multiple assurances that this was not the intent, and Building Inspector Lenny Jason stated that two kitchens will be upheld in court to ensure kosher kitchen use. Mike Renahan noted that, according to verbal clarification given by a DEP official, it is not permitted to take two credits, which the proposed plan does. He also asked for further clarification of details of design not apparent from the plans, such as contours, retaining walls, elevations, etc. Further details re: breakout, vertical separations were also discussed.
Chris Alley questioned the Board’s ability to set new conditions to a plan in essence already fully approved by the Board in April. The Board replied that a drastically altered building plan such as the one before the Board required a fresh look at the proposal in its entirety.
Jamie Harrison noted that if the Board is unable to approve any proposals relating to this property, it will end up being rented out over the summer, resulting in much more intensive use, with a regular, non-de-nitrifying system. David Hamblin appealed to the Board to provide specific guidance that they could respond to. So far, he said, they had tried to respond to all concerns, but without clear indication of what would be acceptable to the Board, he noted that such efforts could go on indefinitely, to no avail.
Mike Renahan said that he considers a project of this magnitude in such a sensitive location to be a project of “significant impact”. Katie Carroll read into the record a letter from the Wampanoag Tribe of Gay Head (Aquinnah) which states, inter alia, that “We strongly urge the town to request an archeological survey with tribal cultural resource monitors on sit and coordination with the Tribal Historic Preservation Office before any construction or alteration to the property begins.”
Jan Buhrman and Mike Renahan felt that it would be appropriate to refer the plan as it is currently constituted to the Martha’s Vineyard Commission (MVC) for review. Mike Renahan noted three possibilities: to deny the plan, to revert back to the building plan approved in April 2010, or to refer the current plan to the MVC for review.
John Gerrahan noted that the 3,000 square foot structure is not to be considered a “detached bedroom, but rather an “accessory structure”, and that it was in a “donut hole” outside jurisdiction of the Conservation Commission.
Adam Zoia reviewed the concerns expressed by the Board, in particular, the scale of the operation and its potential impact on the Pond. He asked for specific guidance, pointing out that abutters have buildings of equal or greater size. Katie Carroll explained that the Board’s understanding of impacts is evolving with experience. She said that experience has shown that certain proposals approved by the Board in the past were not appropriate. They would therefore not be approved if they were proposed today. She also stated that her main concern with the current proposal is its size, in that, while it technically conforms to a 7-bedroom count, it has the potential for expanded use far beyond the use of a normal 7-bedroom house.
Everett Poole stated that the value of this and similar properties is because they have not been overbuilt, and that overbuilding erodes that value, and threatens the health of local shellfish. These are not matters that can be addressed with mere money: they require fewer and smaller structures being built. Jan Buhrman noted that, in a sense, the Board of Health is finding itself in a position of trying to address what are essentially zoning questions through septic system regulations. She reiterated that the project overall, and any project of this magnitude, will have a significant impact on the environment and on the Town.
Adam Zoia asked the Board to consider a modified proposal which he hoped would address the Board’s concerns. The proposal would reduce the size of the “accessory structure” by 50%, and dispense with a wastewater connection in the barn. The Board agreed to review the proposal, and proceeded to examine it. Following detailed consideration, Katie Carroll stated that it was greatly improved over the previous proposal.
She summed up the Board’s current considerations for the proposal: 6 bedrooms in the main house; one bedroom in the accessory structure; accessory structure to be 50% smaller than the proposal originally under consideration at today’s meeting; elimination of wastewater in the barn; the barn not to be used for sleeping space; adjusting the septic system so as not to use both credits and addressing the Tribe’s concerns as specified in the letter submitted to the Board. Mike Renahan added the following: show blowout location for blower vent, show grading and regrading of the land, show the ejector; show proportion of flow to be pumped; show basement floor elevation in relation to septic tank; and demonstrate 14 or fewer total rooms.
The Board unanimously approved the proposal as specified above, pending receipt of a plan incorporating the conditions outlined above.
The Board felt that much is to be learned from this experience: in particular, that the various Town Boards involved in approving proposals of this magnitude should consult with each other early on in the process to clarify the issues involved and ensure a consistent and reasonable approach that fulfills the responsibilities of the Town. The Board acknowledged the extraordinarily difficult process that the prospective and current owners of the property had gone through to reach this point and resolved to work towards a solution in concert with other Town Boards to ensure that this type of project is handled differently in the future.
Septic Repairs: The fee for septic repairs has long been established as the same fee as septic plan revisions, $45. The Board asked Marina Lent to reflect this fee designation in the fee schedule.
McMurray (13-11) 107 Hammet Lane: inspection report received—passes
Food Establishment Permits for: Pinkletink Pops (Residential Kitchen); Judy Mayhew (Residential Kitchen); Temporary Permits for: MVFF-Summer (Scottish Bakehouse); Chilmark Flea Market (Scottish Bakehouse)
Open Meeting Law Changes to the OPEN MEETING LAW take effect on JULY 1, 2010. These changes will require the agenda of the Board as approved by the Chair to be posted 48 hours in advance of the meeting, not counting weekends or holidays.
Tent Permits issued to: Hornblower (35-1.6), Muglia (17-18.2)
Installer Permit issued to: Mid-Island Excavation. The Board noted that, in future, applications for Installer Permits should come before the Board, and stressed the importance of having explicit notice from insurance companies regarding liability coverage for septic system installation.
Invoices: the following invoices were approved for payment:
· Wampanoag Lab Q2 water testing for PWS 4062006 and PWS 4062003 $40
· MVRD Q2 inspection 50% $221.76
· MVRD Landfill grass mowing 50% $575
· MVRD gas monitoring 50%, semi-annual water monitoring $2,000.82
· Marina Lent trip reimbursement for Soil Evaluation class 6/17/2010 $305.45
· Marina Lent trip reimbursement for Soil Evaluation class 6/23/2010 $196.40
· Display racks for mosquito, septic system, well, and disease flyers in the Beach Sticker office $137.76
· Reimburse Marina Lent for 2-directional recording device for BOH meetings and public hearings $212.49
· Liz Gude, Soil Evaluator witness fees, November 2009 – June 2010 $1,260.00
· VNA June 2010 $462
· MVRD FY’11 Q1 Drop Off Contract $7,389.35
· Milk Plant Inspection Guide,
· MWWA Treatment Operator Handbook and Study Guide $
The meeting adjourned at 7:30 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.
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