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, March 20, 2013
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Matt Poole, Jan Buhrman
Also Present: Marina Lent (Administrator), Reid Silva (Vineyard Land Surveying and Engineering), Tarja McGrail (Coastal Engineering), Natalie Conroy (33-33), Bret Stearns (33-33), Richard Osnoss (Chilmark Representative to the MVRD)
Minutes of March 6, 2013 adopted with minor corrections.
Oberfest, 10 Valley Lane (3-47) Marina Lent reported that the property owners had contacted her immediately upon receipt of the Board's letter advising them that the Board requires an as-built plan and application to retrospectively record the hook-up of the detached bedroom to the septic system. Moreover, the bedroom count conducted by Marina shortly thereafter revealed a seventh bedroom in the form of an exercise room in the finished basement with a window and a door. Marina reported that the owners will submit a letter to the Board affirming removal of the sliding door and hardware, thus rendering this room not capable of providing privacy.
17:18 PUBLIC HEARING: Conroy, 22 Greenhouse Lane (33-33)
Marina Lent reported that the BOH office has not received any communication from abutters regarding this proposal.
Tarja McGrail (Coastal Engineering) presented a plan for a tight tank to replace the 1,500 gallon tight tank currently exposed in the eroding coastal bank on the south-facing shore. A previous plan for a traditional tight tank has been revised in favor of an above-ground, plastic tank which can be secured under the porch. The Conservation Commission felt that an in-ground tank would be far more disruptive to install. In light of the fact that this will likely be a short-term solution, it seemed the better solution.
The proposed tank placement with require the following variances from separations required by Title 5, 310 CMR 15.211: Separation requried between a brodering vegetated wetland and the proposed sewage collection tank: 25’ 11’; Separation from top of coastal bank to the tight tank: 25’ 19’. Variances from Chilmark BOH-required separations are also required as follows: Separation between bordering vegetated wetland and tight tank 50’ 11’; separation between saltwater body and tight tank: 100’ 19’.
The 1,600 gallon, polyethylene tank weighs roughly 500lbs (dry weight), and can be slid under the deck of the house onto a stone bedding and directly connected to the plumbing. The tank will serve a two-bedroom house, and will be pumped at least once per season. It will be equipped with an audible alarm at 60%, (990 gallons). The tank will be braced below the porch and screened from view. There will be sufficient headroom between the top of the tank and the bottom of the porch to allow access for the pumper.
The existing tank has been pumped dry. It has not been removed yet, due to concerns that this would destabilize the eroding bank. The Board of Health expressed its desire to ensure that the defunct tank is removed from the beach without undue delay, and conditioned its approval of the proposal on receiving written assurance and a timeframe for tank removal from the applicant.
In light of the unconventional circumstances, the Department of Environmental Protection will also review the proposal. The Board asked Marina Lent to contact Brian Dudley at the DEP Southeast Regional Office to emphasize the importance of securing the tank sufficiently to ensure full immobility under all foreseeable weather conditions.
17:35 PUBLIC HEARING Lesser, 2 Salt Meadow Lane (21-52.1) Marina Lent reported no additional communication to the email received from Cathy Thompson prior to the Board's meeting of March 3, in which she notes that "the wetland drains onto the road in heavy rains, despite a new drainage system installed last year", and asked that the Board consider the implications of “unanticipated failure of a septic system and the potential for sewage overflow on the road.” Abutter Stephen McGhee had also indicated interest in ensuring that conditions at the site are taken fully into consideration in the design for an upgrade.
Reid Silva presented a seven-bedroom proposal for a Presby Enviro-Septic Leaching System with serial distribution as an upgrade to the current, failed pit; he proposed using the existing 1,000 gallon tank, with the D-box as the inspection port and a venting system for the leaching system. Using the proposed site will enable the system to be gravity fed rather than requiring a pump chamber. The Presby system will avoid the need for a large mound and liner. The system requires the following variances from Title 5: Leaching facility to wetland: 50’ 46’, and the following variances from BOH regulations: Leaching facility to locus well: 150’ 136’; Leaching faciltiy to wetland: 150’ 46’; leaching facility to property line: 30’ 24’. The system will also be reviewed by by the Conservation Commission.
As an "Innovative/Alternative System" under "general use certification", the Presby can be installed only where the possibility of installing a conventional system has been demonstrated. Separations for a conventional upgrade would be even smaller than for the Presby system, which allows a 40% reduction in design. The Presby system can only be installed under the direction of someone certified by the company to install such a system. The Board conditioned release of the permit to receipt of a copy of the installer's Presby-training certificate, and required the upgrade to be completed within 90 days.
Rowe, 22 Kennasoome Road (11-55.4) Bret Stearns, caretaker for the property, noted that it had been purchased “as-is” from the bank after foreclosure. The sale-and-transfer septic system inspection passed, but brought to light the illegal installation by the previous owners of the
hook-up to the guest house, which had been explicitly denied by the Board of Health in 2000. In addition, a bedroom count undertaken by Marina Lent on March 12 2013 appears to show a total of seven bedrooms being served by the six-bedroom system.
The Board suggested that the owner make use of the existing, approved septic design plan for the guest house. Bret Stearns will confer with the owner, and report to the Board within the coming 60 days. While the system upgrade does not have to be completed before the summer season, the Board stressed that it should be done in the fall.
Martha's Vineyard Refuse District Richard Ossnoss reported to the Board on discussions and activities of the MVRD. He noted that the operation is running smoothly: there is low staff turnover and reliable service. The relatively expensive SEMASS contract which locked in the high rate of $105/tonne ends in September 2015, and the district is already actively exploring improvements that can be sought in a new contract. He also described efforts to initiate composting for the district: in future, composting will be State-mandated, and the district is starting a pilot project with restaurants and grocery stores. A particular challenge will be to identify the best location for a composting operation. Any composting at the MVRD Edgartown location will have to ensure that
it does not attract birds that could pose a threat to aviation at the MV Airport. He encouraged the Board to explore the option of grazing sheep on the landfill cap as an alternative to mowing.
Mayhew, 38 State Road (30-48.1) the Board reviewed an Application for approval of a definitive Plan – Form C prepared by Reid Silva to create a Youth Lot. The Board determined that it appears possible to construct a compliant septic system on the proposed lot.
Phragmites at Squibnocket Pond: Jan Buhrman asked Matt Poole whether he had spoken to Zoning Bylaw enforcement officer Lenny Jason about how he would handle enforcement of the bylaw restricting the use of chemical fertilizers, pesticides and herbicides in the Squibnocket District. Matt noted that Lenny has pointed out to phragmites control advocate Charlie Parker that the cost of proceeding with implementation in the face of such passionate opposition may not be worth it. In any case, no violation or basis for action exists until the forbidden substance is actually applied.
Katie Carroll asked whether the proposal now involves aerial spraying, as rumor would have it; this was considered to be a little preposterous and highly unlikely.
Jan Buhrman has spoken to Selectman Warren Doty about her concerns; Warren advised that she could come to a meeting of the Selectmen to raise her concerns. She noted that the Zoning Bylaw is valid unless and until it is overturned. The Board expressed confusion as to why the Conservation Committee had ruled on the matter in contravention of an existing Town Bylaw --Matt Poole noted that a valid variance could only be issued, if at all, by the Zoning Board of Appeals.
Members expressed their opinion that phragmites do not pose a significant threat to the environment in Chilmark, since they have been established for the past 50 years already, and waxed nostalgic over the phragmites stands formerly present at Dr.'s Creek, which were removed in a process similar to the one proposed for Squibnocket Pond. They wondered why the plants could not be manually removed (pulled up).
The Board asked Marina Lent to check with Tim Carroll on the current status of this issue, specifically whether and to what effect the Selectmen may have involved Town Counsel to advise on legal options.
BOH Meeting dates in April: Due to member's travel plans, the Board decided to hold its second April meeting on the 24th instead of the 17th.
Invoices: The Board approved the following invoices for payment:
- MVRD SEMASS-MSW transport and recycle $1,173.90
- VNA February 2013 $1,232
- Managing Retail Food Safety - FDA215 2 ½ day Food Safety Training Seminar, Worcester, April 29- May 1, $120
The meeting adjourned at 18:40 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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