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 18, 2011
Chilmark Town Hall
5:00 pm
Present: Mike Renahan, Jan Buhrman
Absent: Katie Carroll
Also Present: Marina Lent, Reid Silva (Vineyard Land Surveying and Engineering), Barbara Walsh (25-11), Dylan Walsh (25-11), John Clark (Island Water Systems), George Sourati (Sourati Engineering), Cullen (11-10), Laurence and Nancy Star (9-10), Carol Hunter (9-10)
Walsh, 320 Middle Road, (25-11) Barbara Walsh and her son, Dylan Walsh, came before the Board together with John Clark (Island Water Source) and Reid Silva (VLS) to discuss the enforcement order requiring that the Walsh family find an alternative source of drinking water, ideally on its own property. The Walsh home and guest house are currently tied in to Mr. Emmet Carroll’s well, on the adjacent property across Middle Road.
Mike Renahan informed the Walsh family that they are currently under court order not to use their house until a new well has been installed on their property. He acknowledged that circumstances surrounding the illness and death of Thomas Walsh had complicated resolution of this matter during the past few years. At this point, however, the Board needs to see forward motion towards a resolution.
Barbara Walsh noted that she had retained an attorney, Shepherd Johnson, but that she had been unaware that the court order in question barred use of the property pending establishment of a new water source. She had also faced further medical emergencies in the family, and had been unable to focus on the matter of the well until now. She stated that she is now prepared to address this issue.
Mike Renahan stated that the intent had always been to get a separate water source for the property. Barbara Walsh noted that she had not been involved in any way in the work of the Board regarding the well on this property; this matter had been managed exclusively by her husband, Thomas Walsh, now deceased.
Barbara Walsh brought forward a 1982 agreement between Emmet Carroll and then-owner of the property, Herbert Hancock, sharing access to the well on Emmet Carroll’s property. Barbara Walsh wondered why the property had been sold without secure water rights or a well on the property, and how the previous agreement had come about.
She also put forward a copy of a draft agreement, not signed by either party, between Thomas Walsh and Emmet Carroll, which would have allowed the Walsh family to drill a separate well in the immediate vicinity of the current, shared well. Mike Renahan noted that Emmet Carroll had chosen not to accept that particular proposed agreement.
Mike Renehan recalled that a dowser had gone to review the property, and that one place that had seemed likely to have water was too close to the septic system to use. Reid Silva noted that there is a possibility that water would be difficult to find, and wanted to know how far the Board will keep trying to have the owner find water. Would it be possible to obtain a variance for proximity to the septic system of the owner’s own well? The Board replied that such variances are frequently granted when a better location cannot be found. Mike Renahan also noted that a neighbor’s well down towards the far end of the property indicates that water may be found in the area.
Barbara Walsh requested that the existing access to drinking water for the Walsh property be maintained while this work is undertaken. She reported that she had arrived on the Island two weeks ago to find the water turned off. Emmet Carroll had said that he had turned off the water for fear that the pump would burn out. She also asked that the Board allow the guest house to be rented out to the tenants who have been there for the past few summers. The Board approved the summer rental for the Walsh guesthouse, and reiterated that what is needed is to make ongoing progress towards the satisfactory resolution of the well issue.
Mike Renahan emphasized that John Clark’s previous experience with this and surrounding properties will be a valuable asset in moving forward. As soon as the weather allows vehicle access, work can begin in the search for a possible drinking water well on the property. Establishing the existence of water as soon as possible is desirable, and then hook-up to the buildings can be undertaken in the fall.
Barbara Walsh was given assurance that the existing water arrangement would be maintained while a different option is pursued.
Eisner, 4 Old North Road (26-121) Marina Lent asked for clarification on the bedroom count for the Eisner dwellings, which are currently under construction. There appear to be three bedrooms in the house, and one detached bedroom in the barn. All are under construction.
Cullen, 31 Shadbush Hollow, (11-10) George Sourati and property owner Robin Blue Cullen met with the Board to discuss a proposed septic system upgrade for a 1981 system. Although the system has 3-bedroom capacity, it was only permitted for one bedroom. The upgrade would require a variance of the BOH wetland separation requirement from 150’ to 137’, which represents an improvement over the separation provided by the existing system.
Star, 7 Huckleberry Hollow, (13-9.10) George Sourati and property owners Laurence and Nancy Star, together with Architect Carol Hunter, came before the Board to discuss a proposed septic system upgrade to serve a three-bedroom house. Marina Lent reported on a bedroom count of the existing dwelling, with three bedrooms and an unweatherized garage/workspace with sink and proposed ½ bath. One variance would be required for a 10’ separation from the boundary, rather than the 30’ separation required by Chilmark BOH regulations. The Board sought assurance that the pressure line would be >50’ from lands protected under the Wetlands Bylaw, and suggested that the leaching system be moved to 15’ off the boundary. Mike Renahan also suggested that a well
test be done to make sure that well capacity is sufficient.
Reisman/Lyons, 34 Larsen Lane, (27.1-34) Title 5 Inspection report received -- passes
Lesser/Spiegel, 48 North Abel’s Hill Road (24-23) as-built received, certificate of compliance to be issued following receipt of updated letter re: well separation and initial September 2011 potability test
Thompson, 20 Wauwompauque Trail (24-145) as-built received, certificate of compliance issued
Scheuer Family Properties, 267 State Road (33-5) as-built received
Taylor, 25 Cranberry Hill Road, (20-69) well completion/potability report received
Greenburg, 8 Greenhouse Lane, (33-30) well completion/potability report received
2011 Food Establishment Permits: The following establishments were inspected and permitted for the 2011 season: Roberta’s Kitchen; Chilmark Store; the Galley at Menemsha; Menemsha Inn (re-inspection scheduled to confirm ware-washing machine repair); Beach Plum Inn; The Bite (pending receipt of Allergen Awareness Certificate)
Perc Season: The Board noted that water levels in the vernal pond at Beetlebung Corner remain high; the perc season is extended pending review at the Board’s next meeting.
Mosquito Education Flyer The Board asked Marina Lent to make education materials available to children at the Chilmark School to take home on the need for precautions against mosquito-borne diseases.
Invoices: The following invoices were approved for payment:
- Wampanoag Lab water testing (PWS 4062006) $110
- Araujo Bros. Menemsha Porta-Potty March/April $150
- MVRD transportation / recycling $1,263.75
- VNA April 2011 $594
The meeting adjourned at 18:45 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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