Skip Navigation
Click to return to website
This table is used for column layout.
BOH Minutes February 5 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, February 5, 2014
Chilmark Town Hall
5:00 pm


Present:     Katie Carroll,  Jan Buhrman, Matt Poole

Also Present:   Reid Silva (Vineyard Land Surveying and Engineering)

Minutes of January 15, 2014 approved.

Fischer, 27 Cross Rip Lane (24-20)   The Board noted that a previous communication regarding a failed septic system at this property has not resulted in an upgrade proposal for Board review. The Board asked Marina Lent to write a letter deeming this failed system to be a hazard to human health and the environment and requiring a completed upgrade within 45 days.

Curran, 5 Dirt Road   the Board noted receipt of a revised septic system plan reflecting the requirement for an innovative/alternative advanced treatment unit.  The Board will accept the minimum required number of annual inspections for the proposed FAST system.

Lawn Fertilizer Regulations:  Matt Poole summarized proposed BOH Regulations to regulate the use of lawn fertilizer on Martha’s Vineyard which have been developed by a working group including landscapers, golf courses, garden retail outlets, health agents and commissioners, and members of the MVC.  

Martha’s Vineyard has been granted an opportunity to develop its own regulations for the regulation of fertilizer in advance of the promulgation of State Regulations.  Boards of Health felt that regulations specific to our unique environment are more likely to be effective and appropriate to protect our ground- and surface-water resources.

The draft regulations apply only to lawns, not to gardens or ornamental plantings, and do not address agricultural use of fertilizers.  The Regulations will specify dates during which fertilizing can be conducted, a per-square foot maximum amount of allowable nitrogen, provisions for application of fertilizers containing phosphorus, licensing requirements for professional landscapers, and provisions for enforcement, which will be carried out by local Boards of Health.

The draft Regulations will be put before voters in each of the six towns at the upcoming Annual Town Meetings, and it is hoped that they will take effect on January 1, 2015.

McCormick, Chowder Kettle Lane (27.1-168)   The Board set a public hearing date of March 5, 2014 at 5:30pm for consideration of a septic system construction permit application and plan that will require variances to be submitted by Reid Silva.

Landfill Solar Array Update:  Matt Poole updated the Board on developments at the Chilmark landfill.  NSTAR will only allow 100KW to be installed, which reduces our hoped-for energy gains by 45%.  The Town intends to make up for this by installing solar panels on the Community Center, Library and School.  

The Board of Selectmen has voted to establish off-site parking at the landfill to take the pressure off Menemsha.  The DEP will require that we conduct tests on the air quality to ensure safety at the landfill, which can be conducted by the Fire Department using an existing meter.  We will also install curb stops.  A shuttle bus will be provided by the Town to bring people from the landfill to Menemsha from 9am to 9pm, with three round trips per hour.

Various other developments include the installation of conduits for street lights, DAS nodes to improve cell coverage (Verizon would like a shed for storage), and pads and boxes on the top of the landfill.

Phragmites at Squibnocket:  In other news, the Board of Selectmen intends to appeal a recent Land Court judgment in favor of the application of Rodeo to phragmites at Squibnocket to the Massachusetts Supreme Court.  Matt Poole advised the Board to give consideration to the role assigned to the Board of Health by the Zoning Bylaw in question.

Chilmark Pond @ LVB   The Board has determined that we will close the section of the Pond at Lucy Vincent Beach that is on the far side of the cliff as a bathing beach, since it has become a favored resting place for large numbers of geese, and has consistently tested with high bacterial counts, rendering it unsuitable for human bathing.  A new section opening to the Pond has been created since Hurricane Sandy which has shown far better testing results.  In the coming season, we will cease testing the “Goose Beach” end of the Pond, and move the human bathing beach to the new opening closer to the path and parking lot.

2014 Septic System Installer Permit:  Medeiros Excavation & Landscape;  All-Phaze Excavation;

2014 Septage Hauler Permit: Septic Solutions

2014 Food Establishment Permit:  Chilmark Chocolates;    

Temporary Food Event Permits:  Chilmark School Community Lunches 1/31/2014;  Pathways Project; The Food Truck;  Slow Food Farmer’s Brunch 2/9/3014; Cub Scouts Chili Feed, 2/1/2014 at the Chilmark Community Center.

Bussink, 27 Bijah’s Way (7-93) well completion report received – passes

Harris, North Road (8-48) well completion report received – passes

Bridge House, 127 State Road (33-15) Title 5 Official Inspection Report received – passes

McGarry, 108 Hammett Lane (4-7) as-built letter received, certificate of compliance issued.

Doyle, 49 North Road (3-60) as-built letter received, certificate of compliance issued.

Larsen, 13 Wampum Way (11-74) as-built letter received, certificate of compliance issued.

Menemsha Inn, PWS#4062001: The Board took note of a Notice of Non-Compliance issued by the Department of Environmental Protection for failure to submit the Annual Statistical Report to DEP by March 15, 2013.

Menemsha Water Company PWS#4062000  The Q1 2014 drinking water sample for the Menemsha Water Company came back total coliform-negative.

Chilmark Community Center/Library PWS#4062006 The Q1 2014 drinking water sample for the Chilmark Community Center and Library came back total coliform-negative.

Chilmark School PWS#4062008   The Q1 2014 drinking water sample for the Chilmark School came back total coliform-negative.

Invoices:  The following invoices were approved for payment:  In-State travel reimbursement for MassDEP Regional Forum for Public Water Systems, Lakeville, MA, January 28, 2014  $88.70;   HACCP Manager Certification course, March 12, Braintree MA $ 255 (reimburse Marina Lent);  HACCP Manager Certification course – travel expenses SSA $103.00 (reimburse Marina Lent).     The meeting adjourned at 18:15 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.