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 2, 2012
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Jan Buhrman, Mike Renahan
Also Present: Marina Lent (Administrator), Reid Silva (Vineyard Land Surveying and Engineering), Deborah Packer (Menemsha Market), George Sourati (Sourati Engineering), Thomas Tate (35-1.4)
Public Hearing 5:05pm
Flanders (Pandora’s Box), 4 Basin Road (27.1-117) No communications were received regarding this hearing; Kent Healy reported on a conversation with abutter Robert Fuller (Menemsha Blues) regarding the proposed system. Mr. Fuller reportedly does not object to the proposed plan. Kent Healy presented a septic system construction permit application with variances from Chilmark BOH regulations as follows: leaching bed to property line from 30’ 5’; bottom of leaching bed to ground water table from 5’ 4’.
The Board noted its preference for a variance of the groundwater separation requirement, given that the alternative to avoiding a variance, building a mounded system, could be aesthetically objectionable and could cause runoff problems.
The Board approved the permit application.
Packer, Menemsha Market (27.1-97) Deborah Packer met with the Board to discuss the issues involved in approving the septic system upgrade for the Menemsha Market. She reviewed the recent history of the attempted upgrade. Ms. Packer clarified that the septic system upgrade was not a mandatory upgrade of a failed system, but a voluntary upgrade: the system had experienced one episode of overuse a few summers ago, but subsequent examinations of the system by engineers and others had not determined failure.
Following the Board’s instructions to seek an alternative to tight tanks, she reported that unfortunately, the impressive Clivus system was not feasible in the Market due to lack of vertical space. The Board confirmed this conclusion. She stated that other composting systems reviewed for the space were not commercially rated and really seemed inappropriate. The new low-flow toilet installed last summer has significantly cut flow rates, and she confirmed that there are no plans for the upstairs apartment to be inhabited. She confirmed that the grey- and black-water systems are separate from one another. The metal septic tank for the blackwater system located below the building is checked regularly. She noted that, under Title 5, a functioning, non-failed cesspool can continue
to be used to the end of its natural lifespan.
Katie Carroll recalled that the Board had been notified at the time of the overflow event, which had raised suspicion of failure. She assured Deborah Packer that the Board was not singling out the Market for more stringent conditions than other area properties. Mike Renahan stated that a current official Title 5 inspection would have to designate the existing blackwater system as a failed system, not necessarily because of absorption failure, but because the metal tank has not been demonstrated to be less than 20 years old, and in all likelihood is older.
Katie Carroll further clarified that the Board does not have the option to approve a septic system other than the proposed system (designed for a greywater and composting toilet) unless and until another system plan proposal is presented for consideration. Clearly, a fully-compliant Title 5 system is not feasible on this property. Any system that is proposed will have to be approved with variances. These variances have to be spelled out, and have to be consistent with what is within a local Board’s authority to grant.
She stated that the Board is willing to entertain such a proposal. She urged Deborah Packer to work with an engineer to produce a proposal for the Board’s consideration. In order to facilitate the most expedient permitting process, she further offered that the Board can convene in an inter-session to review a new proposal for the septic system at 511 North Road. The Board also asked that Reid write a letter regarding the status of the current septic system.
Goldberg, 19 Peaked Hill Road (19-5) George Sourati discussed the Deed Restriction placed on the basement level of the house at the request of the Board: originally, an addition to the dwelling would have created a fifth bedroom; plans for the addition have now been abandoned. The owner would therefore like to be released from the restriction on using one of the rooms in the finished basement as a bedroom.
The Board reviewed the house plans and agreed that one bedroom in the basement would result in a total of five bedrooms, which is within the capacity of the approved septic system.
Labaree, Menemsha Inn Road (21-38.2) George Sourati presented a septic system construction permit application for a 4 bedroom house on a currently-vacant 7.1 acre parcel. No variances are required. The Board approved the permit application.
Alden, 138 State Road (33-16) The Board reviewed a replacement well construction permit application prepared by John Clarke. The well will serve one house, and is located 152’ from the septic system leaching system. The Conservation Commission has approved its construction, and the Board approved the permit application, noting that, in future, the well is to be staked prior to submitting an application, and stressed that the well is not to be used for lawn irrigation: tenuous water availability in some locations in the area calls for a precautionary approach.
Lewenberg, 3 Osprey Lane (25-122) Reid Silva clarified for the Board that a new, 1,500 gallon tank will also be installed, replacing the 1,000 gallon existing tank. This will be reflected in the as-built plan once the work has been completed.
Boyd, State Road (30-6) well completion report received— potability test showed TC+, retest has been sent in.
Shuman, 11 Round Pond Road (35-1.4) Tom Tate presented building plans for an existing six-bedroom septic system. The Board noted that the room shown as a den on the house plans would be counted as a bedroom unless the entry to the room is adapted so that the room does not provide privacy. Mr. Tate took note of the required adjustment.
Balaban, 35 Menemsha Crossroads (26-137) Reid Silva described the existing failed septic system at the property as an existing cesspool and gravel trenches. The cesspool is in groundwater, and the trenches have failed. The wetlands are flagged, well locations have been identified. There is a small area in the backyard that is not wetland. The high groundwater means it will either have to be mounded or be a drip dispersal system.
The Board asked Reid Silva to write a letter to the effect that this system would not pass a Title 5 Official Inspection, and noted that the approval of a permit application for an upgrade will require a hearing. The hearing will be held at the next scheduled meeting of the Board on May 16th at 5:15pm.
Beetlebung Farm, 521 South Road (26-88) The Board reviewed a well construction permit application prepared by John Clarke and presented by Reid Silva. The well will serve four houses, and does not require any separation variances. The Board approved the permit application, noting that, in future, the well is to be staked prior to submitting an application, and that the existing well is to be properly abandoned.
Cartel/Watkins, 9 Stonewall Road, (32-47) The Board approved a septic system upgrade construction permit presented by Reid Silva. The plan requires a variance of the leaching system to locus-well separation. The Board has a letter from the property owner on file acknowleging that the separation to the owner’s well is less than required by Chilmark Board of Health Regulations.
Damon 31 Spruce Gate Road (35-1.13) Reid Silva presented a reversion from the septic system plan revision approved by the Board at its meeting of April 18 2012, back to the original plan presented to the Board at its meeting of February 1 2012, in order to avoid having to conduct an additional archeological survey in the recent revision’s location of the proposed leaching field.
Wachsler, 12 Peases Point Way, (26-1) The Board reviewed a well construction permit application prepared by John Clarke. The Board approved the permit application, stating that the old well is to be properly abandoned and noting that, in future, the well is to be staked prior to submitting an application.
Septic system regulations and drinking water quality: Jan Buhrman reported that she had been approached by citizens following Town Meeting regarding statements made about Title 5 and groundwater protection by Frank Dunkl. The Board asked Marina Lent to contact Frank Dunkl about these matters, and report back to the Board at its next meeting.
Alden, 138 State Road (33-16) George Sourati presented an emergency well replacement permit application prepared by John Clarke to replace a failed well on Stonewall Pond. The well will serve one house, and is located 152’ from the leaching system. The Board approved the application,
Kalkin, 285 South Road (24-162) as-built received
Conroy, 22 Greenhouse Lane (33-33) well completion report received—potability test is TC+ and a retest has been submitted to the lab.
Sussman, 76 State Road (30-21) well completion report received, potability passes
Update on pending legal inquiries:
Zoia, 18 Point Inner Way (33-114): Marina Lent reported on receipt of an enforcement request dated April 27, 2012 on behalf of abutters of 18 Point Inner Way to the Chilmark Building Inspector. In light of ongoing legal activity around this property, the Board decided not to pursue its own legal inquiry at this time.
Joroff, 5 Sarah Brown Lane (7-56): In light of ongoing difficulty in making progress on the septic system upgrade ordered by the Board for this property, the Board requested Marina Lent to conduct an inspection of the septic disposal system with respect to the requirements of the State Sanitary Code Title II, Minimum Standards of Fitness for Human Habitation. The Board further decided to review the results of this inspection at a public hearing on this matter to be held at its next scheduled meeting, May 16, 2012 at 5:05pm. Marina Lent will inform the property owner and residents of the inspection and hearing without delay.
Temporary Food Event Permits: Chilmark School Lunch, CCC Friday, April 27; Shellfish Hatchery Fundraiser, April 28; Unity Breakfast CCC May 6.
Food Establishment Permit Requirements: The Board asked Marina Lent to investigate whether the culinary activities conducted by Chris Fischer at Beetlebung Farm require a caterer’s permit and whether food is being prepared in a permitted food establishment.
The following Invoices were approved for payment:
- Araujo Bros. Porta-Pottie April $150
- MVRD SEMASS-MSW Transportation Recycling $1,459.65
The meeting adjourned at 18:47 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.
| 
