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, November 2, 2011
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Mike Renahan, Jan Buhrman
Also Present: Marina Lent (Administrator), George Sourati (Sourati Engineering), David Emerson (3-9), Frank Dunkl (3-9), Brian O’Gorman (3-9), Bruce Golden (18-21), John Clarke (Island Water Source), Reid Silva (Vineyard Land Surveying and Engineering)
Bruce Golden, 30 Wintergreen Way (18-22) Bruce Golden addressed the Board with concerns about the derelict condition of the property at 16 Wintergreen Way, which has been abandoned throughout the summer. He noted that the cluttered condition of the property provides excellent habitat for rats and other pests, as well as mosquito breeding grounds. In addition, he stressed his primary concern about numerous possibly toxic materials, such as paint, gasoline and battery fluid, which could eventually leach into the soil and groundwater.
He described a closed trailer is surrounded by debris, including at least one ½ full gasoline canister, tools, an abandoned air conditioner and various tools. The yard immediately around the house and shed is further strewn about with debris, including clothes, a TV, bathtub, a car battery, paint buckets, and a moldy sofa.
Following a complaint regarding these conditions from the abutter in August 2011, BOH Administrator/Inspector Marina Lent paid a site visit to the property, confirming the conditions described in the complaint. A call to the Bank yielded the explanation that the Bank did not have the legal right to remove the private property of the previous owner. Dr. Golden supplied the Board with a copy of a “Post-foreclosure 14-Day Notice to Quit”, newly posted on the property in question as of 10/13/2011, which requires the previous occupants of the property to quit and deliver up the subject property 14 days from receipt of notice.
The Board noted that the property did not appear to constitute an immediate threat to public health at this time. The Board asked Marina Lent will follow up with the law firm listed on the notice, and to write a letter to the Board of Selectmen, cc’d to Chilmark Police Chief Cioffi, Fire Chief Norton, and abutter Bruce Golden, urging expeditious resolution of the problem.
Cartel/Watkins, 9 Stonewall Road, (32-47) The Board noted that the deadline referred to in a registered letter dated September 15, 2011 to initiate a septic upgrade or have inspection completed at the property has passed as of 10/27/2011. The Board asked Marina Lent to follow up, and, if an inspection has not yet been completed or upgrade initiated, to prepare an order disallowing any further use of the property until such time as the inspection has been completed and further steps necessary to ensure safety of health and the environment have been determined.
Zoia, 18 Point Inner Way (33-114) The Board approved a well permit application with the condition that the existing well is to be properly abandoned. The application was presented by John Clarke for a new well on the Zoia property to attempt to find water less high in iron and manganese
Storrow, 70 State Road (30-22) John Clarke presented well permit application to install a replacement well for a small cabin at the property. He noted that the old well has run out of water, and also freezes in the winter. The application requires variances of Chilmark Board of Health Regulations, as it is only 10’, rather than 30’, from the property line (State Road), and 136’ rather than 150’ from the septic leaching system. The Board approved the permit, with the requirement that the old well is to be properly abandoned and a letter provided by the owner, acknowledging that the 136’ separation from the septic system does not meet the Chilmark Board of Health Regulations’ requirement of 150’ separation.
SWB Ltd Partnership, 8 Greenhouse Lane (33-30) Mike Renahan asked John Clarke who is engaged in drilling a well, or rather, installing the hook-up, as the BOH office has received notice from the Wampanoag Tribe of Gay Head (Aquinnah), of possible artifacts and/or remains found in the dig. John Clarke reported that he had drilled the well, and that it was being hooked up by Serusa.
Doyle, Seven Gates (1-8) The Board approved a well permit application presented by John Clarke.
5:30 Public Hearing:
Emerson, 35 North Road (3-9) The Board held a public hearing on a sewage disposal system construction permit application presented by George Sourati. Present at the hearing were George Emerson (owner), Frank Dunkl (abutter), Brian O’Gorman (abutter). Marina Lent also reported having had telephone conversations about the proposal with abutter Tracy Gibbons (3-13) who said she did not object to the proposed plan, as it was an improvement over the current system.
Title 5 Variances required are: to reduce the required distance from a soil absorption system to a crawl space from 20’ down to 11+’ (310 CMR 15.211(1); and to reduce the minimum allowable sewage system design flow from 330 gpd to 220gpd.. It also requires variances from Chilmark Board of Health Regulations as follows: to reduce the required separation from soil absorption system to well (locus) from 150’ to 51’; and, to reduce the required separation from soil absorption system to well (O’Gorman, A.P.3-8) from 150’ to 103’.
David Emerson reported that the current system is slowly but surely petering out, and that he wished to be pro-active in making arrangements to replace it.
Abutter Frank Dunkl recalled the installation of the current system in the 60s or 70s: the system consists of an empty 275 gallon fuel oil tank on its side with the bottom cut out of it. He noted that any upgrade would be an improvement over the current system, but cited the following concerns: he noted that pollution of the nearby wetland with household chemicals was of some concern, but, given the small size of the household, was not a severe threat. The main concern was the pollution of the property’s own well, not so much from bacteria or viruses, but nitrate. He felt that 51’ was not a sufficient separation to definitively ensure a safe drinking water supply, and strongly urged the homeowner to consider separating greywater from sewage.
The Board, noting that the size of the property does not allow for a Title-5 compliant system, and that the proposed system is a clear improvement over the system currently in place, approved the proposed plan with the following conditions:
- A letter from the property owner, stating that he is aware that the proposed 51’ separation from his well to the soil absorption system does not meet the Chilmark BOH requirement for a 150’ separation;
- A deed restriction on the property permitting no more than two bedrooms;
- A garbage grinder is not permitted (pre-existing condition);
- Drinking water quality testing for bacteria and nitrate/nitrite, 2x during time of use, and no less than 2x per year;
- A letter from abutter O’Gorman, stating that he is aware that the proposed ~103’ separation from his well to the soil absorption system does not meet the Chilmark BOH requirement for a 150’ separation.
The Board also strongly encourages the owner to look into the possibility of a greywater-only system, coupled with either a composting or incinerating toilet.
Moses, 11 East Lane (32-72) Reid Silva presented a sewage disposal system construction permit application which was identical to an expired application approved by the Board on May 7, 2008. The Board approved the application.
Drummond, 384 Middle Road, (26-86) The Board discussed a sewage disposal system construction plan with Reid Silva, who noted that the owners wish to move the leaching field, which will require one additional test hole. Reid will call Marina Lent to witness the test hole, and then present a construction permit application and revised plan for Board approval.
Osterman, 79 Quansoo Road, (17-25) Reid Silva presented revisions to the plan originally approved 3/9/2011. The Board approved the revised plan; Reid Silva will verify the soils in the revised location.
Klemperer, 28 Ocean View Farm Road (25-85) Title 5 inspection report – passes
Silberling, 6 Arbutus Way (25-60) Title 5 inspection report – passes
Bernstein, 17 Chowder Kettle Lane (27.1-166) drinking water bacterial test -- passes
Madoff, 16 Nickerson Farm Lane (21-9.3) Title 5 inspection report -- passes
Bierstedt, 12 Menemsha Gate (26-132) Marina Lent reported on a septic system inspection of the leaching pit: one week after pumping, there was a puddle of <7” in the bottom of the pit; pit floor was also visible. This fulfills the Board’s request for system inspection prior to house renovation.
Pachico, 7 Ridge Hill Road, (11-47.3) The Board noted that a letter has been sent to the Zoning Board of Appeals regarding a possible future subdivision of the parcel. The Board stressed that it would prefer to see a 1-acre affordable housing lot and a <3 acre rest-of-lot. The Board will entertain a formal Form C subdivision proposal when one is presented.
Regulation Revision: the Board asked Marina Lent to prepare a notice to the papers and announcement for a public hearing to implement adoption of the draft BOH Regulations on Sewage Treatment and Disposal.
Invoices: The following invoices were approved for payment:
- MVRD Q3 Project 6402K 50% $221.76
- MVRD Q2 Drop Off Contract FY’12 $7,408.72
- MVRD Q3 Gas Monitoring $40.73
- Drinking Water Operator 1T license renewal fee $42
- Wampanoag Environmental Lab Q4 CCC/Library bac tests $50
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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