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BOH Minutes Aug 14 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, August 14, 2013
Chilmark Town Hall
5:00 pm

Present:  Katie Carroll, Matt Poole,

Absent:   Jan Buhrman

Also Present: Reid Silva (Vineyard Land Surveying & Engineering), Chris Alley (Schofield, Barbini &Hoehn), George Sourati (Sourati Engineering), Louis Cossutta, Sam Decker, Katy Decker, John & Nancy Clarke (Island Water Source), Kathy Coe

Minutes of July 17, 2013 adopted.

Williams, 3 Pepperbush Lane (13-6.1) Tucker Hubbel came before the Board for a concept discussion regarding proposed construction of a detached bedroom.  Since attempts to create a separate 3-acre buildable lot have failed due to unsuitable soils and proximity of wetlands, the owner proposes to reverse the 1992 subdivision and re-establish the original 20-acre lot.  

The existing septic system supports four bedrooms. There is an existing three-bedroom house on the property, as well as a detached exercise studio which falls under the definition of a bedroom (see BOH meeting of 2/6/2013). In order to stay within the capacity of the septic system, it would be necessary to reduced the current number of bedrooms on the property.  One way of doing so would be to deed-restrict the exercise studio to disqualify as a sleeping space.  

SMF, 141 Quansoo Road (22-5.3) Reid Silva presented a septic system construction permit application for an existing 3-bedroom house on a 10 acre lot with proposed 1-bedroom addition.  He proposed adding infiltrators to the existing leaching field in order to supply sufficient capacity for the proposed addition.  Matt Poole asked that the condition of the infiltrators be checked during installation.  The Board approved the application.

Plasse, 33 Ebans Lane (13-23) Chris Alley came before the Board for a discussion on a proposed septic system construction permit application to serve a possible 0.55 acre Youth Lot.  The Board noted that this proposal is slated for review at a public hearing at its next scheduled meeting, and that granting a variance for a proposed new lot is not a promising route to take.  A proposal that does not require a variance is a much more likely prospect for Board approval.  The family stressed its desire to be able to provide a Youth Lot.  

Kauffman, 20 Chappaquoit Road (24-210, 211) Chris Alley presented a septic construction plan revision for an upgrade to an existing six bedroom system near Chilmark Pond.  The proposal includes placing a FAST system, building a garage that will hold the FAST pump, and replacing the leaching trenches.  All separations under the proposed system are an improvement over the existing system. The Board approved the revised plan.

NOMA/MacDonald, 42 State Road (30-47) George Sourati and John Clarke presented a proposed replacement well permit application for a well that has failed.  The proposed well will require a Title 5 variance from the well to the septic tank.  The Board noted that this might require additional measures to ensure the tightness of the tank, and noted that it would be preferable to build in such a way that the variance required would be a Chilmark BOH variance which might require Abutter notification rather than seeking a variance to Title 5 requirements.  George Sourati noted that the failed well is currently located 10' from a property line, and that a new well could be similarly located, thus avoiding the need for a title 5 variance. The Board asked Marina Lent to notify the abutter of the property line in question, Jonathan Mayhew, regarding the proposed well placement.

Harbor Sewage Pump Out  The Board reviewed operation instructions for a proposed new boat sewage pump-out station at the Menemsha Harbor.  The Board noted that it had conditioned its approval of the proposed installation of the pump on the development of clear operational protocols for harbor staff, outlining who is responsible for operation and maintenance of the equipment.  The Board felt that an instruction card to boat owners downloaded from the Internet did not suffice to put in place adequate procedures and noted that BOH conditions for permit approval had thus not yet been fulfilled. The Board asked Marina Lent to convey this finding to Executive Secretary Tim Carroll and will take up this matter again at its next meeting on August 21.

Wall/Sterling, 8 Sheeps Pen Cove, (33-92)  Marina Lent reported on a case of bacterial contamination in a private drinking water well at a summer rental property.  The renter, who has rented at the property every summer for at least four years, reported that the well is an older well, shallow, and located in proximity to surface water.  Four years ago, a foul odor had led to testing the water, with no contamination found.  The two following years, the water appeared to be clean, however, the odor was again present this summer. Test results showed high levels of total coliform and significant presence of fecal coliform bacteria.  The Flanders Real Estate company immediately provided bottled water for drinking and bathing, and the well was shock-chlorinated, with the post-chlorination test apparently coming back clean.  Marina lent felt that it was likely that, give its age, depth and location, the well was probably under influence of surface water and that these water quality problem could thus easily recur.  The Board asked Marina to follow up with John Clarke and Flanders Real Estate and to obtain this year's test results from the lab.

Moses, 11 East Lane (32-72)  The Board noted that the Title 5 Official Inspection Report for this system fails.  A upgrade proposal was approved by the Board on 7/17/2013. The Board asked Marina Lent to write a letter to the owner requiring that the upgrade must be completed within 90 days.

Temporary Food Event Permit: The Board approved a Temporary Food Event Permit for the Kitchen Porch to serve food at the Martha's Vineyard Film Festival (MVFF) at the Chilmark Community Center.

Temporary Food Event The Board reviewed an application for a Temporary Food Event to take place at Tea Lane Farm on September 2.  The provider is Outstanding in the Field. They foresee roughly 150 participants, and the event will be held over the course of six hours.  Austin of State Road Restaurant will be the Person-In-Charge, and food prep will take place in the State Road kitchen.  Board members noted that the State Road kitchen has recently been discovered in violation of West Tisbury Zoning regulations.  They asked Marina Lent to follow up with John Powers regarding the current status of the kitchen and its capacity to serve as the commercial kitchen for this event.  Marina Lent asked that the Board consider a mechanism to review this application, since the PIC will not be able to attend the Board's next meeting.

Chilmark LDO / Landfill photovoltaic array:  The Board reviewed a proposal to site photovoltaic panels at the Chilmark landfill, which was approved by voters at the last Town Meeting.  The bids for the installation are due at the end of the month, and Executive Secretary Tim Carroll has asked the Board to designate a representative to be part of the process. The Board's mandate is to ensure that the landfill closure Agreement is not violated in any way by the panels or the process of their installation. Matt Poole agreed to represent the Board in this process.

Septic Installer and Hauler The Board approved permit applications from T.P. Excavation for Septic Installer and Septic Hauler, and asked Marina Lent to emphasize BOH requirements for proper permitting procedures for hauling septage.

Marina Lent vacation The Board approved vacation time for Marina Lent from September 7-12, 2013.

Pasteurization Permit  A pasteurization permit has been issued to Mermaid Farm & Dairy on the basis of an inspection report from the Dairy Inspector of the Food Protection Program of the Massachusetts Department of Public Health.

Beach Plum Inn  The Board reviewed an inspection report submitted by food inspector Barney Suman, and asked Marina Lent to follow up with chef Chris Fischer and Manager Dennis Barquinero regarding recommendations contained in the report.

Gilberg/Cohen, 9 Wososket Lane (11-76) as-built received, certificate of compliance issued

Invoices:  The Board approved the following invoices for payment:

  • MVRD Quarterly LDO Inspection Q3 2013  50%  $ 221.76
  • Wampanoag Lab July 2013 beach water quality testing  $60
  • Wampanoag Lab June 2013 beach water quality testing  $60
  • MVRD SEMASS Transportation Recycling  $4,798.30
  • Certified Professional Food Safety re-certification fee  $325
  • Reimburse Marina Lent for Incinolet Bowl Liners $53.48
  • Barney Suman Inspection services  $150

The meeting adjourned at 19:18 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.