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, September 21, 2011
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Mike Renahan, Jan Buhrman
Also Present: Marina Lent (Administrator), Tom Langman, Doug Dowling
Minutes of September 7, 2011 approved.
Langman, 8 Salt Meadows, (21-52.2) The Board reviewed a Form C Notice of subdivision of property presented by Doug Dowling, of Smith & Dowling. The Langman family would like to subdivide the property into three equivalent parcels, and requires demonstration of a Title 5-compliant system to do so. At issue is the interpretation of the separation required under Chilmark Board of Health Regulations: is the 150' separation requirement applicable to bordering vegetated wetlands, or only to watercourses and swamps?
Doug Dowling described a man-made drainage ditch in a farm field, as delineated on the plan, which is well-defined and was classified by Julia Fiske of JM Fiske Environmental, who conducted a Conservation Commission-wetland edge delineation on 8/15/2011, as an "intermittent stream". Katie Carroll pointed out that the Board has historically considered the separation to apply to bordering vegetated wetlands and has granted variances for at least ten years on the basis of this interpretation of its Regulations.
Doug Dowling noted that the term "associated wetlands" is used only in connection with the Tiasquam River and Squibnocket Pond. The separation for "other watercourses", on the other hand, defines these as "streams, ponds, open and subsurface drains, swamps…", and does not refer to associated wetlands. Swamps are characterized by surface water, and he acknowledged the rationale for maintaining separation from surface waters, which can rapidly transport pathogens without destroying them. He then questioned the Board about the rationale for requiring such conservative separations from wetlands, which have been demonstrated and are in fact purposely deployed in some cases, to hold and treat effluent so that it will not pose a public health hazard.
Mike Renahan pointed out that evaluation of the property was undertaken during the dry season, and that in the wet season, water is in fact present -- and flowing-- over the surface at Nickerson Farm Road. He noted that an earlier site evaluation undertaken by Russell Walton had found swamp maples on the property. Doug Dowling responded that waterflow in the area of the proposed septic system is not connected with the flows observed by Mr. Renahan. He also stressed that he had purposely visited the property throughout the year, specifically in order to observe conditions in the wet season following heavy rains. He noted that, given the soils in the area, the additional 50' of separation envisaged by the Board for a wetland separation would make the proposed subdivision non-viable.
Mike Renahan noted that the Board is on the verge of revising and updating its regulations, and suggested that the subdivision could be considered under the new regulations, which more accurately reflect current and past practice of the Board with regard to wetland separation. Katie Carroll said she felt uncomfortable requiring a hearing for this proposal on the basis of regulations which have not yet been formally adopted.
The Board noted that the owners will have to submit a septic plan for Board approval under current regulations within two years, and install said system within three years. The Board asked Marina Lent to send a memo to the Planning Board, stating that the proposed parcel supports a Title 5 compliant septic system.
Walsh, 320 Middle Road (25-11) Marina Lent updated the Board on the well installation process at the Walsh property: Attorney Michael Goldsmith has filed a motion; response from the Walsh side is due on Monday. In the absence of a response or prompt well installation, the judge who decided the original decision could address the matter when he returns to the Island in October. The Board stressed the importance of follow-up to ensure the appropriate action on this matter.
Joroff, 5 Sarah Brown Lane (7-56) Marina Lent reported on septic system site visit at Sarah Brown Lane following an anonymous report to Board member Mike Renahan of a failed septic system on the property. Marina Lent reported finding a well-established stand of Phragmites, of ca 10' diameter in the backyard, with black, oily standing water. The Board asked Marina to write a letter ordering a septic system inspection which must be initiated within 30 days of receipt of the letter. Alternatively, the owner may engage an engineer to initiate an upgrade within the 30-day period.
Maida, 31 Menemsha Crossroads (26-136) Marina Lent reported that a well completion report has been received, showing positive total coliform on potability test. The Board asked Marina to follow up with John Clark to ensure that results of a TC-negative retest are on file with the Board.
Verret, 10 Kenasoome Way (11-52.2) Title 5 Inspection Report received, passes
East House LLC, 12 East Lane (32-64) as-built for pump system as-built received, certificate of compliance issued
Kalkin, 285 South Road (24-162) Jan Buhrman reported a possible failed septic system at 285 South Road, and inquired about which company would have supplies the Porta-potties she saw there. The Board asked Marina to follow up.
Chilmark School Public Water System #4062008 Marina Lent reported that the School Superintendent's Office has made inquiries as to whether she would consider becoming the Public Water System Operator for the Chilmark School. The Board is not in principle opposed to this idea, but requested further information about arrangements between the School and the Town to accomplish this.
Catered Events: Scottish Bakehouse: Wedding, CCC, 9/10/2011; Tea Lane Caterer: Pahl Wedding, Mayhew House, 9/17/2011; Kitchen Porch: Keith Farm Wedding 10/1/2011; Kitchen Porch: Captain Flanders House Wedding 9/24/2011;
FDA Workshop: Marina Lent asked the Board's permission to attend the FD312 class “Special Processes at Retail” on September 28-29, at the Massachusetts Environmental Health Conference in Plymouth.
Mermaid Dairy Raw Milk Certificate reinstated 9/16/2011 following clean coliform tests
Aurora Loan Service LLC (prev. Fenty), 16 Wintergreen Way (18-21) Marina Lent reported on a nuisance/ hazard complaint received by the office and a follow-up site visit conducted on 9/13/2011. The Board asked her to follow up with contacts posted on the property, and to conduct an official inspection of the dwelling to determine whether it needs to be posted by the Board as being unfit for human habitation.
Chilmark Pond Jan Buhrman reported that some members of the Chilmark Pond Advisory Committee are pressing for the extensive use of glyphosate-based herbicides on Chilmark Pond to combat Phragmites, an invasive species. The Board questioned the logic that Board of Health input and approval of the use of potentially hazardous chemicals is not required other than in the Squibnocket Pond District (12.6.H.1, Chilmark Zoning Bylaws), and instructed Marina Lent to draft a BOH Regulation, modeled on the Zoning Bylaw for the Squibnocket Pond District, that would apply to all Chilmark ponds.
Invoices: The following invoices were approved for payment:
- VNA August 2011 $704
- Marina Lent SSA round trip walk-on ticket for C&I Health Agents’ Coalition Meeting, Dennis, MA 9/16/2011 (reimbursement) $16
The meeting adjourned at 18:20 hours.
_______________________ _______________________ _______________________
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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