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, September 18, 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), Ben Kelley (Building Shelter), Elaine Finbury, George Sourati (Sourati Engineering), Anja May, Tucker Hubble, Richard Andre (Vineyard Power), Erik Peckar (Vineyard Power)
Minutes of August 29, 2013 adopted.
Temporary Food Event Permit: Chris Fischer presented plans for food-safe food production, transport and service at an event planned for September 20-21, 2013 at the Tea Lane Farm, entitled “Farm Field Sea”. The Board approved the permit. Chris Fischer noted that he will work with the Board to have the Beach Plum Inn kitchen certified as a caterer’s and restaurant kitchen for the 2014 season, so that food production for temporary events would no longer have to be permitted on a case-by-case basis.
Kapor, 308 South Road (24-204) Ben Kelley of Building Shelter, Inc. presented renovation plans for the Kapor household. The Board suggested that a deed restriction disqualifying the upstairs study as a sleeping space might be the most efficient way of ensuring that septic capacity is not exceeded by the proposed renovation.
Lindauer/Finbury, 2 Marsh Road (27.1-26) Elaine Finbury came before the Board to request a less burdensome water quality testing schedule for the FAST system at the property. The Board noted that the installation requires the electrical lines to be buried which, per the as-built letter received in January 2010, was planned for the Spring of 2010, but has not yet been implemented; once this is accomplished, the Board would be glad to consider reducing testing frequency required under the Operation & Maintenance contract for the system.
Leaventritt, 155 South Road (17-7.2), Reid Silva requested permission to undertake an out of season perc test for a system which has failed. In 2007, a metal septic tank had collapsed, and the Board had permitted an emergency repair. At that time, it was understood that a system upgrade would be undertaken in due course; due course has passed, and the upgrade is now urgently required. The Board approved an out-of-season perc; Matt Poole suggested that the level of the nearby pond be taken into consideration in the evaluation of likely high ground water levels in the area.
Preston, 9 Sheep Pen Lane (33-53) Reid Silva submitted a septic system construction permit application based on an out-of-season perc test done last week at the property. The proposed plan requires a variance of 133’ separation to wetland, instead of the 150’ required by BOH regulations. However, as it is an upgrade of a failed system, which will improve system compliance over the existing system, it will not require a public hearing. Matt Poole suggested that there be a 5’ ex-and-fill surrounding the proposed leaching system. The Board approved the proposed plan; the release of the construction permit is contingent upon receipt of an updated plan showing the suggested changes.
Sica, 52 & 68 Prospect Hill Road (14-26 and 20-32) Reid Silva presented a plan for a tie-in of a proposed pool house into the existing septic system. The existing system, which was built in 1995 just prior to entry-into-force of the “new Title 5”, appears to be functioning. The swimming pool is located on an adjacent lot. The pool house tie-in will require a grinder and pump. Matt Poole suggested that the pump chamber should be located at the pool house, and requested that the plan should indicate how it will tie in to the existing septic tank in a way that will prevent stirring up the tank contents with a pressurized flow.
Solar Panels on Landfill Cap Representatives Richard Andre and Erik Peckar of Vineyard Power presented the proposed installation of solar panels on the Chilmark landfill cap. They were joined by GHD representative Sandra Tripp via speakerphone. The applicants will meet with DEP representatives in Lakeville, MA to go over details of the application. The Board of Health is not able to send a representative to participate in the meeting; however, Matt Poole will participate by phone. The Board asked who will represent the interests of the Town in this process. Vineyard Power representative Nathan Weeks can be authorized by VP to be available to answer the Board’s questions, however, Katie Carroll noted that he cannot simultaneously represent Vineyard Power and the Town of
Chilmark.
The Board confirmed that the array is designed to withstand sustained 120mph winds. An additional electric meter will have to be installed.
Schiller, 281 South Road (24-163.3) Chris Alley presented a replacement well permit application to replace a well currently located 500’ from the dwelling. The Board approved the application, with the requirement that the replaced well must be decommissioned.
Thrill LLC, 74 North Road (3-2) Chris Alley presented a septic system construction permit application for a 14 bedroom system at the site of the former Inn at Blueberry Hill. The proposal would preserve one existing leaching field, abandon another, abandon a control station, abandon 5 existing septic tanks, 2 pump chambers and one grease trap, and install a new 2,500 gallon tank and pump chamber. There are no required variances, and the Board approved the proposed plan, stipulating that alarms must be installed in the main house, guest house, and caretaker’s cottage.
Kauffmann, 20 Chappaquoit Road (24-210, 211) Chris Alley presented septic system plan revision of a five bedroom design to replace an existing six bedroom system. Chris noted that the newly-adopted Zoning bylaw means that the owners will have to install a kitchen in what was intended to be a detached bedroom(s), thus rendering one of the bedrooms obsolete and providing for a four-bedroom proposed system instead. The Board asked that the owners write a letter indicating their acceptance of the bedroom-count reduction for this property, and approved the proposed revision.
Goldberg, 19 Peaked Hill Road (19-5) George Sourati presented a septic tank conversion plan and nitrogen aggregation loading plan that would enable the owner to replace the FAST system with a conventional system.
The Board expressed discomfort with changes made to the proposed text of the Grant of Title 5 Nitrogen Loading Restriction and Easement, which reads, inter alia, “The Grantor expressly reserves the right to terminate and relinquish this grant of restriction and easement at any time, …” (para 9). The Board stated that, in order to approve a legal record which departs so substantially from the DEP template, it would have to be formally submitted to and approved by DEP before coming before the Board of Health.
George Sourati will send a copy of a proposed Grant to Brian Dudley at DEP, and Marina Lent will follow up with a phone call to clarify the requirements of the Nitrogen Loading aggregation plan approval process.
Wall, 8 Sheep’s Pen Cove (33-92) Marina Lent reported on follow-up conversations with the Island Water Source re: contaminated drinking water well which had been addressed with a sediment filter and UV treatment earlier in the season. It is understood that this is a temporary solution, and that the shallow well, which is located in the immediate vicinity of a pond, will need to be replaced. She also pointed out that, under the State Sanitary Code, “Minimum Standards of Fitness for Human Habitation”, the Board can determine whether or not a drinking water source is likely to endanger the health of the user (105CMR410.180: Potable Water).
Nitrogen Fertilizer Regulations Matt Poole updated the Board on efforts to develop island-wide regulations for the use of fertilizers prior to entry-into-force of State regulations on this matter in 2014.
Feinberg, 10 Allen Farm Road (25-20.11) as-built received, certificate of compliance issued
Chilmark School Lunch Program A Food Establishment Permit for the 2013/2014 School Year has been issued to the Chilmark School Lunch program. The program involves transport of food prepared in the licensed kitchen of the West Tisbury School.
Caterer’s report for Tobin wedding, Capt. Flanders Farm, Sept 21, 2013
The following invoices were approved for payment:
- MVRD SEMASS-MSW $ 4,692.35
- VNA August 2013 $660
The meeting adjourned at 19:10 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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