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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 7, 2012
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Jan Buhrman, Matt Poole
Also Present: Marina Lent (Administrator), Reid Silva (Vineyard Land Surveying and Engineering), John Clarke (Island Water Source)
Minutes of September 19, October 3 and October 21, 2012, approved.
Role of Local BOH in Rabies Control: Marina Lent informed the Board that, according to the “Rabies Control Plan for Cities and Towns” (DPH, MDAR & DFG, Dec 2006), the Local Board of Health has lead responsibility for development of rabies policy and for oversight of rabies-related prevention and control activities. This includes working with Animal Control, veterinarians, Police Department and the local hospital as necessary. In addition, the Control Plan instructs that “each community in Massachusetts must assume that it has bat rabies”; Dukes County, however, is not presumed to have terrestrial rabies. The Board asked Marina Lent to formulate a statement on behalf of the Board regarding the Board’s procedures for rabies control.
Jaffe, 95 Stonewall Road (32-70) John Clarke presented a well replacement application for the property. The Board had raised questions about a number of approved permits on file; John Clarke clarified that there is only one well on the property at this time, and it is located in the basement of the guest house. It consists of a well point placed in 1994 or 1995, and is still in use. Other permits on file with the Board of Health were not acted upon. Matt Poole pointed out that confirmation of the viability of the existing well had been a condition of septic system approval in 2003; at that point, the well was judged to be a “nice well, 19gpm and good clean water” per invoice of Island Water Source. John Clarke noted that the location for the proposed replacement
well was chosen because it improves separation to septic leaching system and is in an accessible location. No irrigation is foreseen. The Board approved the well construction permit application, on the condition that the existing well be properly decommissioned in accordance with the DEP Private Well Guidelines.
Alden, 138 State Road (33-16) John Clarke presented a well replacement application for a property with two houses. There are two existing wells, the one serving the guest house was recently replaced. The well point in the main house has now failed as well and needs to be replaced. There is no irrigation on the property. Since the water from the new well has relatively high salinity, it should not be subject to high demand; it would be inadvisable to have that well serve both houses. The location for the proposed well is well-protected by vegetation. The Board approved the well construction permit application, on the condition that the existing well be properly decommissioned in accordance with the DEP Private Well Guidelines.
Wolkowitz, 6 Nickerson Farm Lane (21-48.3) The Board had follow-up questions regarding the well or wells on this property. John Clarke explained that there are two wells on the property, however, they each have a very low yield, between 2 and 3 gpm. One previous well had been accidentally damaged and has been replaced. The permit granted by the Board for the replacement well did stipulate that the second well was to be abandoned, but the replacement well, regrettably, had no better yield. The two existing wells together produce only about 5gpm and are both tied in to the same waterline. Matt Poole asked John Clarke to write a letter stating that the two wells together produce only 5gpm, and that irrigation on this property is therefore highly
inadvisable.
Katz, 1 North Ridge Road (18-30) Reid Silva presented a permit application to install an ejector pump hook-up for a studio apartment on the property. The Board asked Marina Lent to conduct a bedroom count on the property, and asked Reid Silva to check on the condition of the leaching pit, which had last passed inspection in 2005.
Leroux, 82 South (11-83) Reid Silva came to the Board for a bedroom count clarification. This property was listed and purchased from the bank in 2011 as a three-bedroom house. The home was then renovated, and one of the bedrooms repurposed as a bath, so the house now has two bedrooms. Matt Poole noted that, if the system is not in sound condition, it is not advisable to expand flow capacity from two bedrooms to three; however, if the existing system is sound, it is reasonable and in keeping with town practice to “grandfather” the septic system for its original design capacity of three bedrooms.
Conroy, 22 Greenhouse Lane (33-33) Reid asked the Board for an emergency permit to move the septic tank from the sand bluff recently exposed by erosion. The Board noted that the process of excavating the septic tank is potentially more disruptive to the sand bank, and that the tank, which is partially exposed, is at this point structurally unstable. The tank has been pumped, so the contents no longer pose a threat to human health, and the house will not be occupied during the winter months. The Board did not wish to approve an emergency permit for tank removal now, but indicated that it will take up the matter once more in the spring to review the remaining options. The Board also expressed interest in ensuring that the tank be removed from the beach if/when it
falls.
Kidd, 11 Greenhouse Lane (33-151) Reid Silva requested a public hearing for a septic system construction permit that will require variances. The hearing will be held at the next meeting of the Board, on December 5, 2012 at 17:15.
Leaf, 2 Barton Way (18-54): Marina Lent brought to the Board’s attention that there may be a failed cesspool at the property on Barton Way: she noted that the same pumpout permit had been used for two separate pumpouts, three days apart, one for 1,883 gallons, and one for 2,159 gallons. Review of the file revealed that the Board had been in discussion with Mr. Leaf as far back as 1998, when a survey by the Department of Marine Fisheries determined that the leaching system is under water at the edge of Chilmark Pond. Discussion about an upgrade, including a composting toilet and greywater system, resulted in a permit application submitted by engineer Kent Healy in July 1999. However, that permit was never approved by the Board. The Board asked Marina Lent to write a letter to
Carlton Leaf asking him to contact the Board to clarify the status of this system.
Harris, 1 Wequobsque Road (30-46) Marina Lent informed the Board that a septic riser has been installed on the tank at 1 Wequobsque Road, as recommended by system inspector Doug Cooper. The Board asked Marina Lent to continue follow up on the other recommendations made by the inspector.
Lilienthal, 25 Menemsha Inn Road, Chilmark (21 - 52.1) The Board reviewed an email response to its letter of October 22, 2012, requesting a plan for the upgrade of a failed septic system. According to homeowner Lynn Lilienthal, “I have engaged Reid Silva of Vineyard Land Surveying and Engineering to work on this issue.” The Board is informed that a perc test will be conducted in December, and the upgrade completed prior to 2013 summer season.
Rowe, 22 Kennasoome Road (11-55.4) The Board reviewed a Title 5 Official Inspection Report for this property. While the system passes inspection, the Board noted that the inspection reveals a system-configuration, which was expressly denied by the Board in July 2000. On 3/3/1999, the Board had approved a system application for a septic system to serve the guest house; in 2000, the owners submitted an alternate proposal to hook up the guest house to the existing system of the main house. In a letter dated July 7, 2000, the Board denied the request to connect the new guest house to the existing main house septic system. “The guest house needs a separate septic system or a completely new Title-5 compliant septic design for a common septic system to serve both buildings…” No common system design was submitted to the Board, nor was the approved 2-bedroom system installed. Instead, the hook-up to the main house system was completed in contravention of the Board’s denial of that
proposed plan on July 7, 2000. The Board asked Marina Lent to write a letter to the current owners of the property, apprising them of this situation.
Whiting, 26 Basin Road (27.1-125 &126) The Board took note of a Title 5 Official Inspection Report. Although the system passes, it also includes the notation that: “This cesspool shows some signs of operation at near maximum capacity in the recent past… appears to be near the end of its useful life.” The Board asked Marina Lent to check with the agent involved in the sale to ensure that the buyer has been fully informed that the septic system is not robust.
Chilmark School PWS 4062008 The Board reviewed a Notice of Non-Compliance issued by the Department of Environmental Protection’s Drinking Water Program for failure to take required (Lead and Copper) samples. Marina Lent reported that the system operator, Alan Wilder, has followed up promptly with DEP. Based on prior history of clean tests showing no exceedances, the Board feels that the likelihood of health hazard arising from a delayed water sampling is minimal.
Public Education mailing Marina Lent proposed undertaking an annual public health mailing to Chilmark residents, the first one in the Spring of 2013, which could cover a number of important topics, such as Mosquito- and Tick-borne illness prevention, Sun Safety, explanation of bathing beach water quality testing, disaster preparedness and more. The Board welcomed this initiative.
Kenney, 45 Beach Plum Road (2-3) Title 5 Official Inspection Report received – system passes;
Lundgren, 18 Trustee’s Lane (14-22.2) Title 5 Official Inspection Report received – system passes, with the notation that: “A maintenance pumping is recommended in the near future.”
Septic System Installer Permit issued to All-Phaze Excavation
Zoia, 18 Point Inner Way (33-114) The Board noted that a site visit to 18 Point Inner Way is planned by the Site Review Committee on November 14th, and emphasized the importance of having a Board of Health member present. The Board also reviewed communication from Hemenway & Barnes, LLP regarding the size of the detached swimming pool house. The Board noted that there is nothing in our files to indicate the actual size of the structure that is now standing. The Board determined that an accurate “existing conditions” plan is needed in order to assess the scope of the problem. The Board asked Marina Lent to determine whether or not such a plan exists, and, if it does, to obtain a copy for Board review. The Board also asked Marina Lent to look into the
possibility of referring this issue to the Martha’s Vineyard Commission for review, since MVC referral had been under discussion in the context of the agreement under which the septic plan was permitted. The Board will continue this discussion, and review its options, at its next meeting on December 5, 2012.
Invoices: The Board approved the following invoices for payment:
- MVRD Q3 Inspection 50% $ 221.76
- MVRD Gas Monitoring Q3 $ 40.73
- MHOA conference travel expenses reimbursement (Chilmark/Aquinnah 50/50)
- Hotel $ , 50% Chilmark share $ 56
- Mileage to Springfield, MA 148 miles @ $0.55 per mile, Chilmark share 50% $ 40.70
- SSA ticket, $59, Chilmark 50% share: $29.50
TOTAL DUE: $ 126.20
Next Board Meeting: the Board determined that, since the Town Hall will be closed at noon on the day of its next scheduled meeting on November 21, that meeting of the Board will be cancelled. The next meeting of the Board will be at its regularly scheduled time, December 5, 2012 at 17:00.
The meeting adjourned at 19:40 hours.
_______________________ _______________________ _______________________
Katherine L. Carroll, Chair Matthew Poole 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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