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BOH Minutes Jan 15 2014
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, January 15, 2014
Chilmark Town Hall
5:00 pm


Present:     Katie Carroll,  Jan Buhrman, Matt Poole

Also Present:   Peter Oberfest, Tucker Hubble, Reid Silva (Vineyard Land Surveying), Candy DaRosa, George Sourati (Sourati Engineering), Josh Aronie (The Food Truck), Phil Tucker (Pathways Project)

Minutes of December 18, 2014 approved.

Williams, 3 Pepperbush (13-6.1 and 6.5) Tucker Hubble came to the Board to discuss a proposal to construct a detached bedroom at the property, and Reid Silva presented a septic system tie-in application and plan.  The Board has received a recorded Deed Restriction which precludes the use of the existing exercise studio as a sleeping space.  In light of this restriction, the Board found that the existing septic system can accommodate the proposed detached bedroom and approved the septic tie-in application.

Cooper, 21 Ridge Hill Road (11-16.1) Reid Silva presented a septic system construction application and plan for an existing five-bedroom house and proposed one-bedroom garage. The plan does not require variances. The Board noted that soils in the area will require careful handling, and approved the permit application.

5:15 PUBLIC HEARING
Curren, 5 Dirt Road (20-14)   The Board opened a public hearing to review a septic system upgrade application proposed by Reid Silva for a system serving a two-bedroom house on a 0.2-acre lot.  Required variances to Chilmark BOH Regulations are as follows: Leaching to property line: 30’ required, 10’ proposed; Leaching to well: 150’ required, 111’ separation to locus well, 122’ foot separation to well on (20-63), and 127’ between the locus well and abutter’s leaching system (20-63);  Leaching system to wetland: 150’ required, 136’ proposed;  well to property line: 30’ required, 5’ proposed.  

The Board felt that, given the very small lot size and large number of required variances, maximum compliance would be achieved through use of an innovative/alternative technology, such as a composting toilet or other nitrogen-reduction technology.  The Board approved the application on the condition that an enhanced treatment system is used.  Reid Silva will submit an updated plan reflecting this revision and the resulting variances.

5:53 PUBLIC HEARING
Kaplan, 16 Valley Lane (3-50) The public hearing was opened at 17:53.  George Sourati presented a request for a variance between an existing leaching system to the abutter’s drinking water well.  A separation of 150’ is required by Chilmark BOH Regulations, but only 141’ is provided.   A letter submitted to the Board by the abutter’s Trustee Barbara Coles Oberfest reads as follows: “… Should the Board decide that the +/- 9’ variance from its regulation is insignificant and therefore favor granting the applicant’s request, I, as Trustee on behalf of the adjacent lot’s owners, would not object.”  The Board also noted a letter from John Clarke of Island Water Source addressed to Paul Kaplan, which states that “With certainty my opinion is that the neighboring well is completely isolated from any surface water flow”, and that “the flow from that (leaching) field would be down hill and towards the north shore of the island away from you and the neighboring well.”  On the basis of these findings, the Board approved the variance as requested.

Shaloub, 205 South Road (18-107) Reid Silva presented a septic system upgrade to abandon one 50’ leaching trench and extend the other two 50’ leaching trenches by 25’ to serve an existing six-bedroom system, which will serve an existing house and proposed guest house.  The proposed changes will ensure a 14’ separation to the cellar wall of the guest house. The Board approved the proposed upgrade.  A second application and plan for the property would add a three-bedroom septic system for a proposed one-bedroom barn.  The Board approved the septic system.

The Food Truck:  Josh Aronie came before the Board to propose an off-season Food Truck, working out of the Kitchen Porch food establishment which is licensed in Edgartown.  Jan Buhrman, owner of The Kitchen Porch, recused herself from the decision.  The truck to be used is the “Irie Bites” truck, which operates in Tisbury during the summer season.

Josh reported that the Chilmark Board of Selectmen has approved the proposed Food Truck, contingent on BOH approval of the food safety provisions made for operation.  Matt Poole, as the Edgartown Health Agent, will inspect the facility in light of the plan proposed for the Food Truck, and will also inspect the truck; Marina Lent, as the administrative assistant to the Board of Health in Chilmark, will inspect the Food Truck prior to operation.  Following a successful inspection, the Board empowered Marina Lent to issue a Temporary Food Event Permit allowing the truck to operate as proposed in the application.  The Food Truck will operate between the hours of 10am and 2pm in front of the Chilmark Store.

Pathways Project at the Chilmark Tavern   Bill Tucker presented an application for a Temporary Food Event Permit for the Pathways Project, which operates out of the Chilmark Tavern space during the off-season.  The Chilmark Tavern kitchen is dormant for the season, and the menu has been simplified accordingly.  The Board satisfied itself as to the approved source of the proposed food products, and approved the permit contingent upon receipt of a copy of the ServSafe certificate of the Person-in-Charge.  

Anti-bacterial Soap   Marina Lent drew the Board’s attention to a proposed rule issued by the Food and Drug Administration of the United States to determine the safety and effectiveness of anti-bacterial soap in light of the growing threat of antimicrobial-resistant pathogens.  Under the proposal, if companies do not demonstrate safety and effectiveness of the products, they will have to be reformulated or relabeled.  

Previous efforts by the Board of Health to suggest that anti-bacterial soaps be phased out at Town buildings were unsuccessful, largely because of the difficulty of identifying products that are competitively priced and can be used in the Town’s existing dispensers.  Marina Lent will continue to look for liquid handwash soaps that are not laced with Triclosan or similar products.  If such a product can be found, the Board will explore asking the Town to switch.

Recycling at Town Buildings  The Board asked Marina to inquire as to whether there exists a Town bylaw stipulating that Town offices and buildings should recycle both paper products and other recyclables such as plastics, glass and cans.  

Lawn Fertilizer draft Regulations for Martha’s Vineyard: Matt Poole encouraged Board members to attend a public meeting to review draft regulations produced by a working group of town and MVC officials, landscapers, and citizens.  The meeting will take place on Wednesday, January 29th at the High School cafeteria.  

Perc Season 2014:  The Board opened the 2014 Perc Season.

Rabies Vaccine   The Board approved a medical rabies vaccine exemption for Tucker Keith.

2014 Septic Installer Permits were granted to Fenner Construction LLC; Richard T. Olsen & Son, Inc.; Vineyard Land Surveying & Engineering, Inc.; and John Keene Excavation.

2014 Septic Hauler Permit was granted to Araujo Bros. Inc.

2014 Food Establishment Permits were granted to All-Island Seafood (retail); Menemsha Texaco (retail); and the Chilmark School Lunch Service.

Goldberg, 19 Peaked Hill Road (19-5) as-built received, Certificate of Compliance issued

Menemsha Coast Guard Station Boat House:  DEP approval and plans for Menemsha Coast Guard Station Boat House tight tank were received.

Invoices:  The following invoices were approved for payment:

  • MVRD Q4 Inspection 2013 50%  $221.76
  • MVRD Water Monitoring 2nd half 2013 50% and Gas Monitoring Q4 2013 50%  $2,087.40
  • MVRD 2nd half FY’14 Semi-Annual Assessment  $43,332.90
  • MVRD Local Drop-Off Contract Q3 FY’14  $7,472.04
  • MVRD December 2013 SEMASS- MSW Transportation Recycling  $ 1,626.15
  • Bailey’s Test Strips, 5 stem thermometers  $37.5
  • VNA: December 2013  $660

The meeting adjourned at 18:47 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.