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Board of Health Minutes 12/1/2010
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, December 1, 2010
Chilmark Town Hall
5:00 pm


Present:   Katie Carroll, Mike Renahan, Jan Buhrman

Also Present:    Marina Lent (Administrator, BOH), Leo DeSorcy (DeSorcy Co, Inc.), Reid Silva (Vineyard Land Surveying and Engineering), Timothy R. Carroll (Town of Chilmark Executive Secretary)

Minutes of November 17th, 2010 were approved.

Construction Material Staging Area Request   The Board reviewed a request from Seaver Construction Company, the general contractor for the rental duplex units at the Middle Line Road Affordable Housing project, to use the gravel parking area in the landfill as a staging area for materials relating to the project.  The Board approved the request, with the following conditions:
  • The area may be used for temporary storage of construction materials only;
  • Absolutely no assembly shall be done in this area;
  • Absolutely no smoking, flames or generators are allowed in the area;
  • A storage box shall be permitted.
Chilmark School Bathroom Addition:   The Board reviewed specifications and plans for the addition of a small bathroom facility for the use of the pre-school.  The Board generally approved the addition, remarking that the pre-school is a valuable service to the town and school, but noted that, in order to approve the installation, it will need to review a plan showing the revisions to be made.

Chilmark Landfill Cover Inspection Report and Quarterly Inspection Form Chilmark Solid Waste Transfer Station, 11/6/2010.  The Board reviewed the latest inspection reports from the Chilmark Local Drop Off and Landfill, and noted that the same issues are repeatedly listed as requiring improvement: moving around the fence and curbing which does not conform to DEP specifications.   The Board decided to include a specific request for weed-whacking and mowing around the fence in its annual spring mowing request, and asked Marina Lent to call White-Lynch Company to request a cost estimate for fixing the curbing in the LDO to conform with DEP requirements.

Grin Acres, 15 Nickerson Farm Lane (21-10,13,14)  Reid Silva and Leo DeSorcy discussed with the Board a departure from the approved plan in the course of installation of the sewage treatment and disposal system on this property.  Reid Silva brought a plan showing the location of the system as installed; he noted that the reduced setback to the Durst cesspool will not pose a problem in the long run as the cesspool in question is being replaced by a system located at sufficient distance. The main change to the plan thus remains a reduction in the required 30’ distance to the Durst property line down to 20’.  

Leo DeSorcy reviewed the history of the installation: he had called Reid after system placement, and had had to remove the system in order to replace the mesh geo-grid with a different material.  This enabled Reid Silva to examine the soils below the system.  The only remaining work on the system is to hook up the detached bedroom. Reid Silva confirmed that the septic system as installed will function properly: it is properly installed.  The issue is not the functionality of the system, it is a regulatory problem.  He therefore declined to recommend a course of action to the Board, other than to say that the system will function properly as currently installed.

The Board reviewed the following options: to require the currently-installed system to be dug up and repositioned according to the approved plan;  to undertake to censure Leo DeSorcy up to the full extent allowable by law (including incarceration and a hefty fine);  to rework the currently-installed system to greatest possible compliance, involving shifting the D-box , and capping the trenches that fall outside of the approved envelope; or post-hoc approval of the system as-built.

The Board also reviewed an Installer’s Permit Application submitted by Leo DeSorcy, of DeSorcy Company, Inc.    In light of the foregoing, the Board declined to accept the permit application, and returned the fee check for $75 to Leo DeSorcy, who will therefore be unable to carry out the final installations in connection with this system.

Regarding the system currently in place, the Board decided that no purpose would be served by the highly disruptive activity of relocation.  The Board noted that the primary change to the setbacks involves the separation to the Durst property line, and that the rationale for this regulation, to prevent installation of a system immediately adjacent to the property line from unduly restricting the neighbor’s options by making it impossible to meet separation requirements on the adjoining lot, would not pose a problem in this case.  The Board asked Marina Lent to write a letter to the abutters in question, informing them of the Board’s decision.

Grin Acres, 15 Nickerson Farm Lane (21-10,13,14)   The Board approved a well permit application for injection wells at this property, specifying that they are approved for purposes of geothermal heating only.  The Board specifically precluded use of these wells for drinking water or irrigation.

Jan Buhrman asked Marina Lent to look into any environmental effects of the geothermal heating technology.

Mayhew 15 Clam Point Cove Road (33-95)  The Board approved a sewage disposal system construction permit presented by Reid Silva.  Reid Silva noted that he had been able to maintain maximal distance from Quitsa Pond while maintaining 100’ wetland separation.  The proposed plan requires the following variances from Chilmark BOH regulations: leaching-to-leaching from 300’ to 75’; leaching to wetland from 150’ to 100’; leaching to (own) well 200’ to 153’.

Middle Line Road (13-43.2- site 8) Reid Silva presented a revised sewage treatment and disposal plan for the system serving the rental property on site #8.  The revision will raise the level of the system to accommodate landscaping proposed by the architectural firm, which envisions mounding in the area of the leaching system.  The system will function well as proposed, and the Board approved the revision.  However, the Board noted that the proposed land grading may pose a problem for the abutting homesite lot, A.P. 13-43.7 by creating a steep rise in the driveway, which could easily become impassable in icy conditions.  The Board asked Marina Lent to write a letter expressing this concern to the town committee dealing with the MLR housing project.

Larsen, 7 Flanders Lane (27.1-202) as-built letter and plan received, certificate of
compliance issued.

Palma, 32 Ocean View Farm Road, (25-83) as-built letter and plan received, certificate of compliance issued.

Scheuer Family Properties, 267 State Road, (33-5) as-built letter and plan received, certificate of compliance issued.

Hornblower, 17 Round Pond Road, (35-1.6) as-built letter and plan received, certificate of compliance issued.

Cullen, 28 Black Point Road (17-27)  Title 5 inspection report – passes.

Draft BOH and Waste Budget FY’12   The Board decided to go before the Finance Committee on February 9th, 2011 to present its FY’12 draft budget.  The Board reviewed an initial budget outline presented by Marina Lent, and will finalize its FY’12 draft budget at its next meeting on December 15th.

Marina Lent hours worked:  Marina Lent reported that she had miscalculated the hours worked by forgetting to count vacation hours against the available salary budget.  She asked for guidance from the Board as to whether she should take unpaid days, or work shorter days, or some combination thereof, until the imbalance has been rectified.  The Board concluded that the days between Christmas and New Year’s Day would be least disruptive to be absent, and otherwise left it up to Marina’s discretion to resolve this issue.

Invoices:  The following invoices were approved for payment/reimbursement:

  • Gas for off-Island travel: $25
  • 2 Tilton Tents 20’x40’  1/6 of $ 800 = 133.3
  • Hoarding initiative:            lecture fee:  $58.31
                                        Tisbury Printer for info packets:  $38.33


The meeting adjourned at 7:00 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.