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BOH Minutes May 15 2013
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 15, 2013
Chilmark Town Hall
6:00 pm

Present:  Katie Carroll, Matt Poole, Jan Buhrman

Also Present: Reid Silva (Vineyard Land Surveying and Engineering), John Clarke (Island Water Source), Nancy Clarke (Island Water Source), Frank Dunkl (Chilmark Spring Water Co.), Mollie Doyle, Cindy Doyle, Rob Doyle, Lenore O'Gorman, Brian OGorman, David Emerson, Margaret Emerson, Anja May (19-5), George Sourati (Sourati Engineering)

Minutes of May 1, 2013 adopted.

18:15  Public Hearing
Langmuir, Greenhouse Lane (33-34, 35, 36, 37 and 71)  The Board reviewed a septic system construction permit application presented by Reid Silva  to accompany a house-move away from the rapidly-eroding coastal bank.  The proposed system will require  the following variances from Chilmark BOH regulations: leaching facility to wetland separation 150’  94’;  well to property line 30’  10’;  leaching facility to property line 30’  10’.  The proposed move has been approved by the Conservation Commission.  Marina Lent reported no abutter communications received regarding this proposal.  The Board approved the proposal, conditional upon decommissioning of the existing system and well, and receipt of a well completion report and potability test.  The Board also asked Reid Silva to provide a revised plan showing a locus map; the existing septic tank and leaching pit to be abandoned and removed; and the existing well casing to be removed and the well to be decommissioned.

18:30 Public Hearing
OGorman, 31 North Road (3-6)   The Board opened a public hearing to review a septic system construction permit application submitted by Reid Silva for an upgrade to replace a cesspool serving an existing 2-bedroom house on a 9,536 ft2 lot.  The proposal requires the following variances from Chilmark BOH Regulations: Leaching facility to property line 30’  5’, 14’, and 20’, and a Title 5 variance of:  Leaching facility to property line 10’  5’.   Reid Silva noted that the soils are sandy with kaolin at a 15 min/inch perc rate.  The lot shares a well with an abutting property.

The Board invited the owners of the property to speak to the proposal.  Lenore OGorman noted that an interested buyer is eager to move forward.  She stated that the current septic system shows no signs of failure.

The 1970s subdivision plan shows four lots with a total of 11 bedrooms, and two existing wells, with one additional planned.

Frank Dunkl stated that he has been intimately involved with water and wastewater issues throughout the neighborhood, including the OGorman properties, for a great many decades.  He noted that groundwater flow patterns in the area flow accross North Road.  He noted that, many years ago a well built close to North Road became contaminated and had to be abandoned shortly after a septic system was built across the road.  He pointed out that the stringent physical space contraints of the sub-standard lots will necessitate significant variances to BOH and Title 5 for all septic systems in the area.  He also noted that the Title 5 design is not particularly effective when it comes to nitrogen treatment.  He suggested that a joint de-nitrifying and leaching system, with individual tanks for each property, would provide clearly superior treatment, require far fewer variances, and make more efficient use of space and resources than creating multiple non-compliant systems.  He described a system developed by the Orenco Company, which works on the principle of recirculating effluent through vertical textile membranes, fed by a highly efficient low-volume, high pressure pump, with final disposal in shallow leaching beds.

Reid Silva pointed out that the main rationale for the proposed system would be to decrease nitrogen loading, but that nitrogen-loading is not a problem in this area.  Mollie Doyle noted that the lots are very close together, all currently served by aging cesspools that are in the process of, or will soon require an upgrade, and that this provides an opportunity to create the best possible solution for the long term.

Matt Poole stated that we are not engaging in a neighborhood planning process, and that the OGormans, who currently control three of the four lots in question, have made their preferences clear.  The Emersons, owners of the fourth lot and currently in the process of upgrading their system, asked for information on the pros and cons of a possible shared system, and the OGormans stressed that no increase in flow is foreseen.  Rob Doyle noted that the shared system seems like the optimal long-term solution for the best available wastewater treatment.  Matt Poole pointed out that a shared system significantly complicates system management among the multiple owners, and that, given that the owners of the proposed upgrade are not interested in pursuing a common system, the Board does not wish to entertain a proposal for a shared system in the neighborhood.

Matt Poole suggested the following conditions for approval of the proposed upgrade:
  • the lot will be limited in perpetuity to two-bedroom capacity;
  • there will be no tree removal other than a dead oak in the back lawn area;
  • property lines will be staked;
  • renovations to the dwelling cannot create a full basement; and
  • construction of the upgrade shall be completed by July 1st. (This last condition can be revisited by the Board in case the proposed sale of the property does not take place as planned).  
The Board approved the permit with conditions listed above.

Goldberg, 19 Peaked Hill Road, (19-5)   George Sourati came to the Board to discsuss a septic system revision.  On September 1, 2010,  the Board had approved a FAST treatment system for the property to accommodate a five-bedroom house and Art studio with sink.  The family is not happy with the FAST system that was installed, and would like to propose instead a Nitrogen Aggregation Loading Plan involving credit acreage from the ajoining parcel, which the family also owns.  The Board will review an application and plan, including draft easement and restriction, at its next regularly scheduled meeting on June 5.

SDS LLC (Shuman), 11 Round Pond Road (35-1.4)  John Clarke presented a well construction permit application for an irrigation well to service the reestablishment, over a two-year period, of eight thousand square feet of natural field grass and plantings at a major construction project at Squibnocket.

The Board reviewed the detailed plans, and approved the proposed irrigation well with the following conditions: the well must be metered and monitored;  water quality sampling to be done weekly for the first month of operation, subject to BOH reassessment at the months end;  monthly reports to be sent to the Board via e-mail.  A comprehensive review of the well will be undertaken by the Board at the end of the two-year period.

Deschenes, 45 Blue Barque Road Guest House (17-53) Title 5 Official Inspection Report conditional pass. The Inspection Report for the Main House on the property passes inspection. The Guest House septic is a conditional pass because it was never completed-- electrical components for the pump and alarm are not yet installed. The Board will require a new permit to be submitted by the engineer prior to completion of the system, followed by an as-built letter and plan to be submitted to the Board prior to issuing the Certificate of Compliance.  The Board asked Marina Lent to inform the owner of these requirements.

The Board approved a Rabies Vaccination Exemption for Murphy Doherty (Princeton, NJ) due to medical history of immune-mediated hemolytic anemia and immune-mediated thrombocytic cytopenia.

Septic Hauler license:  The Board approved a 2013 Septic Hauler license for Troy Maciel, Maciel & Sons, Inc. under conditions outlined by the Board and agreed by the license holder.

Septic Installer Permits:   A 2013 septic system installer permit was issued to Smith Bobcat.  

Septic Installer license application from Contemporary Landscape MV: The Board instructed Marina Lent to write a letter to Caleb Nicholson, requesting copies of Installer Licenses from other towns; barring these, the Board will require taking an exam and working under the instruction of an established, Chilmark-licensed installer for a specified period of time prior to issuing a license to install in Chilmark.

Perc Season 2012/2013: The Board decided to continue the 2012-2013 Perc season until Friday, May 24 at 5pm.

Health Department Staffing:   The Board asked Marina Lent to prepare Board meetings more thoroughly, and suggested that PWS operation be removed from BOH responsibilities and carried out additionally, as are the responsibilities for the Affordable Housing Committee, and possibly adding the operation of the Chilmark School PWS if necessary, however, she should not continue to write minutes for the Medical Reserve Corps.  Marina reported that she has drastically curtailed her work on Mass in Motion, a major public health grant program to address prevention of chronic illness.  The Board asked Marina to write a letter to the Finance Committee, requesting that hours spent acquiring CEUs to maintain the water treatment operator certification be taken out of BOH-funded hours to enable Marina to continue the full BOH work schedule through the 2013 Fiscal Year.  Discussion of possible changes to the BOH position, and a review of the position description, will continue at the Boards next meeting.

2013 Food Establishment Permits  2013 licenses have been issued to:  Larsens Fish Market, Menemsha Market, Beach Plum Inn, Chilmark Store, Menemsha Inn, Beetlebung Coffee Shop, and the Chilmark School Lunch Program.  

Invoices:  The Board approved the following invoices for payment:

  • MVRD  SEMASS Transportation & Recycling April 2012  $1,632.80
  • Cape & Islands Air Freight CCC drinking water samples $ 12.50
  • MWWA PWS Water Quality Basics May 23, 2013, Edgartown  $60
  • VNA April 2013  $908


The meeting adjourned at 20:00 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.