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, October 19, 2011
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Mike Renahan, Jan Buhrman
Also Present: Marina Lent (Administrator), Reid Silva (Vineyard Land Surveying and Engineering), Doug Dowling (Smith & Dowling, Inc.), Kent Healy, PE
Minutes of October 5, 2011 approved.
Pachico, 7 Ridge Hill Road (11-47.3) The Board reviewed a proposal for a subdivision including an affordable housing lot prepared by Jim Feiner, (Feiner Real Estate). Jim Feiner requested a letter of support from the Board of Health to the ZBA. (Noted for the minutes: the presumed recipient of the resulting affordable lot, Robert Lionette, is an employee of Board member Jan Buhrman.) The proposal divides the 3.98 acre lot into one non-conforming 0.98 acre affordable housing lot and one fully-conforming 3 acre lot that can be sold by the owner at market value. A restriction on the 3 acre lot precluding a guesthouse is foreseen, as well as an easement for Town access to the Nab’s Corner development. The Board noted that it would be preferable to subdivide the property such that the
affordable housing lot is 1 acre, and the non-conforming lot will be ineligible for a guesthouse in addition to a primary dwelling in perpetuity. The existing dwelling is on the 0.98 acre portion. As the Board did not have a locus map or clear indication of what is currently on the property, the Board asked Marina to contact Jim Feiner for clarification prior to expressing its views on the project.
Langman, 8 Salt Meadows, (21-52.2) Doug Dowling presented a sewage disposal system construction application as well as a “proof of concept” plan, showing that two separate, Title 5-compliant septic systems can be built on the property. The Board noted that two separate compliant systems are possible, and reviewed the proposed, 6-bedroom system. Doug Dowling stated that the family plans to install the proposed leaching system, and leave installation of tank and force main following sale of the property. The Board approved the system, which does not require a variance.
Bierstedt, 12 Menemsha Gate (26-132) The Board reviewed a Title 5 septic inspection for the property, and, prior to approving plans for renovation, asked Marina Lent to check the cesspool in one week’s time, on Wednesday October 26, to determine whether there is groundwater in the cesspool.
Divoll, 16 Tanglevine Road, (25-86) Reid Silva presented a proposed revision to the septic system construction plan 7-09, approved by the Board on 2-21-2007, to install the guesthouse septic tank. The new proposed location of the guesthouse means that a pump system is no longer required. The Board approved the proposed revision.
Kaplan, 16 Valley Lane (3-50) The Board discussed whether to approve a variance for an onsite well which has a flow rate of 2gpm, while Chilmark BOH regulations require a rate of 5gpm. The well had originally yielded 5gpm when it was installed in 2008, but now does not function properly. A replacement well, which is >300’ deep, yields only 2gpm. The Board asked Marina Lent to write a letter to the owner, approving the variance on the condition that sufficient storage capacity is created to accommodate low flow conditions with normal use. The Board also specified that any prospective buyer of the property shall be made aware of the variance, and that all non-functioning wells are to be properly abandoned.
Chestnut Rise Ltd, 61 North Road (3-5) Title 5 inspection report received -- passes
Glasgow, 22 South Road (11-52) as-built received (6-bedroom dwelling), certificate of compliance issued
Clivus New England inspection reports received for: Davis (24-200); Chilmark Store (30-85); Judelson (27.1-206); McGrath (10-3.1); Bramhall (8-49.1); Pratt (3-35)
6 pm: Septic System Regulation Revision Discussion Doug Dowling, Reid Silva and Kent Healy discussed the draft sewage disposal system regulations under consideration by the Board. A number of changes were proposed, stripping out redundancies, as well as regulations identical to Title 5 and incorporated in Chilmark BOH regulations by reference.
All three engineers were convinced that separations such as the 300’ leaching to leaching system separation in the Coastal District are not scientifically based and are not required for the protection of human health and the environment which is the mandate of the Board of Health. Kent Healy argued that septic effluent would receive better treatment, and thus provide better protection for human health and the environment, including fragile coastal ponds, if sewage disposal systems were built in direct proximity to wetlands, and Doug Dowling pointed out that artificial wetlands have often been created specifically because they naturally function to optimally treat biological waste.
Reid Silva argued that, in effect, the Town is using BOH regulations as a zoning tool, and that this represents significant liability for the Board. “The reality is zoning doesn’t do what a lot of people want it to do in the Town,” he said, “But at the same time, the tools that you are using to achieve your ends aren’t the right tools. No scientist would ever argue that you need 300’ separation to achieve a health-related objective.”
The Board noted that it is very rare that a proposed development is definitively turned down. Usually, a variance is found that enables some form of the proposal to be built. In response, Kent Healy pointed out that nitrogen-reducing technologies which are often involved in granting such a variance are very expensive and don’t function to their best capacity in a seasonal system anyway, and that this therefore represents a huge waste of resources to no useful purpose.
The Engineers noted that the Board of Health and Conservation Commission are frequently relied upon to make development decisions that are essentially zoning questions, not questions relating to health and environment. Reid Silva urged the Board of Health to confront the relevant Town boards and challenge them to address the development goals of the Town through the appropriate instruments, and reach an agreed solution through the political decision making processes of Town Meeting.
Drummond, 384 Middle Road (26-86) The Board permitted an out-of-season perc test requested by Reid Silva.
Edgartown Wastewater Company The Board asked Marina to request monthly septic pump-out reports from the Edgartown Wastewater Company.
Temporary Event Permit to: Kitchen Porch/IGI Schools 10/21/2011;
Invoices: The following invoices were approved for payment:
- VNA September 2011 $660
- Certified Professional-Food Safety Exam, Smithfield, RI Wednesday, October 12, SSA ticket $ 59
- Certified Professional-Food Safety Exam, Smithfield, RI Wednesday, October 12, mileage: miles @ $0.5/mile = $40
The meeting adjourned at 19:45 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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