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BOH Minutes Nov 20 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, November 20, 2013
Chilmark Town Hall
5:00 pm

Present:  Katie Carroll, Jan Buhrman (partial), Matt Poole

Also Present:  Andrew Italiano, Kent Healy, Chris Alley (Schofield, Barbini & Hoehn), Reid Silva (Vineyard Land Surveying and Engineering), John Clarke (Island Water Source)

Minutes of November 6, 2013 adopted.

Larsen, 13 Wampum Way (11-74)  Kent Healy presented a septic system construction permit application to upgrade the septic system with a 1,500 gallon tank and leaching field to accommodate at swimming pool.  A bedroom count conducted by Marina Lent on 11/15/2013 showed 4 bedrooms.  Kent Healy inquired whether an additional perc test would be required.  Matt Poole noted that a previous observation hole had been dug out-of-season, and inquired what could be learned about the groundwater levels in the area via locus well data.  The well is 43' deep, the water bearing zone starts at 19'.  The Board suggested that the water level in the well should be assessed, and a test hole observed.  

Italiano, 49 North Slope Lane (20-46.6)  Andrew Italiano came before the Board to discuss planned renovations at the property, which is under an agricultural conservation restriction.   The plan involves constructing a 36'x36' barn with an exercise space above, but no plumbing.  Further down the road, he would like to build a studio living space.  The septic system has five-bedroom capacity.  A bedroom count conducted on 11/16/2013 shows that there are currently 4 bedrooms, one of which is a small office which could either be deed restricted in the future, or rendered less than 70ft2 to disqualify it as a bedroom, or the septic system could be extended to accommodate an additional bedroom.  While the studio will require BOH approval and demonstration of ability to place an independent compliant septic system, the barn construction plans do not, and current septic capacity can accommodate this plan.

Richardson, 21 East Lane (32-67)   As a condition posed by the Board at a public hearing on August 21, 2013, Reid Silva reported on the status of the drinking water wells on the property.  There are currently two wells connected to the house. Reid Silva reported that the well in the well house will be decommissioned. The Board will release the septic system construction permit upon receipt of confirmation of well decommissioning.

Curtis, Ridge Hill Road (11-47.3)  Reid Silva presented revisions to a septic system construction plan which does not require variances.  The Board approved the revised plan.

Curren, 5 Dirt Road (20-14)   The Board discussed with Reid Silva a septic system upgrade replacing a failed cesspool serving a two-bedroom house on a 0.2-acre lot. The Board noted that the lot will not support additional bedrooms, and that the well will probably also need to be replaced.  

Demers, Bartlett Woods (11-1.4)   Under the Rule of Necessity, the Board addressed this septic system construction permit application with abutter Katie Carroll's participation.  Reid Silva presented a plan, requiring no variances, to build a septic system to serve a proposed five-bedroom dwelling.  The Board approved the application.

Schuman, 11 Round Pond Road (35-1.4)   John Clarke presented irrigation well test results and meter readings for a temporary irrigation well intended to reestablish ground cover following construction of a very large dwelling.  The Board was concerned that intensive water use in this sensitive area could result in saltwater intrusion into the water table. John Clarke reported that a total of 186,000 gallons had been used during the growing season.  Initial salinity in the well was 78.5mg/L, and reached a high of 166.9mg/L in July.  By the beginning of November, after cessation of irrigation, salinity had recovered to 115mg/L.  The Board will require water samples to be taken every two weeks during the growing season, and, per its decision of May 15 2013, will conduct a review after two seasons operation.

Harris, North Road (8-48)  John Clarke presented a well construction permit application for the +26,200ft2 lot.  The Board noted that the small size and challenging terrain makes it imperative that the well be staked prior to drilling. The Board approved the permit, contingent on staking confirmation.

Ruina, 4 Wintergreen Way (18-25.2)   John Clarke requested a well permit revision since the approved proposed location for this well did not yield water.  That Board approved the revision.

Goldberg, 19 Peaked Hill Road (19-5)   George Sourati presented a proposed Nitrogen Aggregation Loading Plan that will enable the homeowner to have a conventional system to replace the existing nitrogen-reducing FAST system.  The Grant of Title 5 Nitrogen Loading Restriction and Easement creating the system is taken verbatim from the DEP template, and engineer George Sourati will email a copy of the recorded Restriction and Easement to the Board for the file. Since the properties in question are adjacent to each other and under the same ownership, it was determined that the proposal does not require DEP review.  The Board approved the plan.

Jan Buhrman joined the meeting.

Upcoming plan review processes: Marina Lent reported that she has been contacted by Eric Glasgow of the Grey Barn Farm to discuss the possibility of establishing a simple butcher/packing facility at the farm to process USDA-slaughtered Grey Barn livestock for sale at the Grey Barn Farm.  This would require a plan review for the processing facility, and a Food Establishment Permit for the farm stand.  In addition, the Beach Plum Inn is embarking on a major kitchen renovation, and Marina Lent has had preliminary discussions with BPI chef Chris Fischer.  

The Board stressed the importance of thorough plan review for Chilmark food establishments, and urged Marina to convey that, should the establishments wish to be fully operational at the start of the 2014 season, they would be well-advised to engage the process in a timely fashion.  

Food Establishments, Temporary Food Events and unlicensed “caterers”:  The Board continued its discussion of the licensing of temporary food events and the issue of unlicensed caterers operating in Chilmark.  Matt Poole noted that when a food provider is repeatedly engaged to manage food events, whether these are public or private events, that provider is acting as a professional and must be licensed as a caterer, working from a properly licensed caterer’s food establishment.

The Board asked Marina Lent to establish a temporary food event review process for the Chilmark Community Lunches in which the chef will come to the town in which the production facility is located (Morning Glory Farm in Edgartown), to review the plan for the event.

The Board also noted that a number of potential zoning issues are coming to the fore in the context of licensing of food events and food establishments.  These include the big events organized by Chill Billy Revue, the sale of pies at the Tea Lane Caterer, and the development of a food establishment at the Beetlebung Farm hoop house.  The Board asked Marina Lent to invite Zoning Enforcement Officer Lenny Jason to the Board’s next meeting.

Invoices:  The following invoices were approved for payment:
  • Barnstable County Health Laboratory Q4 drinking water samples $24
  • VNA October $1,297.24
The meeting adjourned at 19:20 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.