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, May 7, 2014
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Matt Poole, Jan Buhrman
Also Present: Reid Silva (Vineyard Land Surveying and Engineering), Chris Alley (Schofield, Barbini & Hoehn), Kent Healy, Deborah Hoxsie Lomas and Steven Hoxie, Deborah Packer (Menemsha Market), Melanie Becker, Mary Louise Perry, Norman Perry, Candy DaRosa, Debra Morelli, Jeremy Mayhew
Seward, 4 Molly’s Lane (27.1-54) Kent Healy came to the Board to determine a date for a public hearing to review a septic system upgrade application which will require variances from Chilmark Board of Health Regulations— the plan provides for 10’ instead of 30’ separation to property line, and 75’ instead of 100’ separation from wetland. The Board will hold a public hearing on this proposal at its regularly scheduled meeting on June 4, 2014 at 5:30pm.
Rabies Vaccine exemption The Board reviewed and approved a rabies vaccine exemption for Ajax Becker, a four-year-old rat terrier resident at 18 Tiasquam Ridge Lane. A rabies titre provided by Island veterinarian Constance Breeze showed that Ajax is still protected by his prior vaccine. The exemption is good for one year.
Menemsha Market Plan Review: Deb Packer came before the Board to present a plan review for establishing a residential kitchen in the space above the Menemsha Market where non-PHF baked goods for sale at the store can be produced. Marina Lent has inspected the facility. The Board noted that having this kitchen solely dedicated to this purpose instead of also functioning as a regular household kitchen will additionally facilitate safe food handling. They complimented Ms. Packer on a thorough presentation and approved the use of the facility for residential kitchen use, subject to satisfactory regular inspections per the US Food Code and Massachusetts Regulations.
NOMA, 42 State Road (30-47) The Board reviewed a well permit application submitted by Island Water Source for a replacement well requiring the following variances from Chilmark Board of Health Regulations: separation to property line reduced from 30’ to 22’, (representing an improvement from the 10’ separation to property line of the old well, which will be abandoned) and separation between the well and leaching field on an abutting property across State Road from 150’ to 143’. The Board approved the application on the condition that the old well is to be abandoned in accordance with DEP Private Well Guidelines.
5:30pm Public Hearing
Hoxsie, 14 Marjo’s Way (27-2) At 5:30pm, the Board opened a public hearing to review a septic system upgrade permit application prepared by Reid Silva to replace a cesspool serving a 4-bedroom dwelling on the property. The proposed system, which is fully Title-5 compliant, requires the following variances from the separation requirements of Chilmark BOH Regulations:
1. Septic tank to property line separation: 30’ required, 10’ proposed;
2. Leaching facility to property line separation 30’ required, 10’ proposed;
3. Leaching facility to wetland separation 150’ required, 84’ proposed;
4. Leaching facility to locus well separation 200’ required, 101’ proposed;
5. Leaching facility to leaching facility separation 300’ required, 186’ proposed.
The Board read into the record a letter from abutter Robin Shanus, at 17 Howell Lane (27-3), expressing concern with the proposed 10’ separation from her property line. “We anticipate that the proposed placement of the Hoxsie septic will unduly restrict our options to develop our property, especially when the placement of the existing leaching field on the Wright property is taken into account.”
Reid Silva described the design considerations for the proposed plan. Originally, the separation to property line had been proposed at 5’, in order to maximize other separations to well and wetland; this had been amended to the State stipulated separation of 10’. Increasing the property line separation to the 30’ separation called for in Chilmark Board of Health Regulations would result in a reduction of the wetland separation from 84’ to 55’.
The Board noted that Title 5 instructs decision makers to attain “maximum feasible compliance” and further indicates that the property line separation should be the first parameter to be varied, followed by separations more directly concerned with the protection of health and the environment such as drinking water wells or wetlands. The Board also noted that the cesspool on A.P. 27-6, the abutting property to the other side of the Shanus property, represents the controlling constraint on the use of that part of the Shanus property. In any case, any future septic system on the Shanus property would most likely be desidned to be located outside of the coastal district, as the separation requirements are more manageable.
The Board felt that a review of available options on the property would lead to essentially the same proposed placement as in the plan currently under consideration. Steven Hoxsie noted that conclusion of the septic system upgrade approval is time-sensitive and factors heavily in attempts to conclude sale of the property. The Board felt that the current proposal represents the best system design for the site, and that other options would not significantly alter the abutter’s concerns, while reducing the compliance of the system in other respects even further. The Board therefore approved the proposed plan.
LoRusso, 7 High Meadow (7-21.5) The Board approved a septic system construction permit application presented by Reid Silva. The system does not require any variances.
Mayhew, South Road, (30-48.3) Jeremy Mayhew came before the Board to review a septic system construction permit application presented by Reid Silva. The Board approved the application. The proposed plan requires no variances.
New Property LLC, Brickyard Road (9-2.1) The Board reviewed a well construction permit application prepared by John Clarke of Island Water Source and presented by Reid Silva. The proposed plan meets all separation requirements and was approved.
New Property LLC, 14 Brickyard Road (9-2.5) The Board reviewed a well construction permit application prepared by John Clarke of Island Water Source and presented by Reid Silva. The plan involves exploring the possibility of shifting lot lines. The proposed plan meets all separation requirements and was approved.
Morelli, 30 Shadbush Hollow (11-3,4,5) Chris Alley came to the Board to discuss a septic system for a three-acre lot and house which is to be sold. The existing septic system serving the three-bedroom house would be assessed as a conditional pass upon inspection. Soil evaluation recently conducted shows very difficult soil on the property, and the well location further restricts options. A bedroom count conducted by Marina Lent at the time of the soil evaluation confirms three bedrooms in the dwelling.
Chris Alley noted that even a remedial system might prove difficult to fit, and inquired whether the Board would entertain a possible easement allowing for a 4-5 bedroom septic system. The Board felt that finding a way to accommodate a system on the lot within existing 3-bedroom capacity is by far the preferable option, and that an easement to an abutting lot is only to be explored when other options have been demonstrated to be non-viable.
Chris Alley will continue to review possible options for an on-site, three-bedroom system, and will return to the Board in the future.
Blout, 218 South Road (18-57) The Board approved a proposed tank relocation presented by Chris Alley which will be required to accommodate proposed house renovations that do not affect flow requirements.
Wall, 8 Sheep Pen Lane (33-92) The Board reviewed a septic system construction plan revision. The Board appreciated the clarification on the revised plan, but noted that conditions of Board approval granted on 4/2/2014 included revision of the plan to delete reference to a property line separation that is irrelevant in light of single ownership of both parcels, and explicit mention of the requirement for an exterior pump alarm. The Board asked Marina Lent to contact George Sourati to reiterate these required revisions to the plan, as well as the requirement to contact the Board of Health prior to commencing installation and for the engineer to meet with the installer to review this delicate site and plan prior to installation.
Wall, 8 Sheep Pen Lane (33-92) The Board approved a well construction permit application for a replacement submitted by John Clarke on the condition that the existing well is to be properly abandoned in accordance with the DEP Private Well Guidelines.
SWB Partnership, 8 Greenhouse Lane (33-30) The Board reviewed a septic system revision plan to install a sewer pipe prepared by George Sourati. The pipe will connect the dwelling, which is under renovation, to an existing septic tank. The Board approved the application.
DaRosa, Swan’s Way (11-69) The Board approved a well permit application submitted by John Clarke to install a new well on the property. The Board noted that no separate well plan accompanied the application, but was able to supply this need with a previously-submitted septic system construction plan showing the location of the staked proposed well. The Board instructed Marina Lent to not accept applications in future if they are not accompanied by a well plan as required in Chilmark BOH Regulations.
Thompson, 20 Wauwompaque Trail (24-145) The Board approved an emergency well permit application for a replacement well with the condition that the failed well must be abandoned in accordance with the Massachusetts Private Well Guidelines.
Public Nursing Contract The Board discussed issues relating to the public nursing contract which has recently been transferred to the Cape Cod Visiting Nurse Association following the demise of the Vineyard Nursing Association. The Board asked Marina Lent to prepare an overview of past VNA contracts to facilitate further consideration at its next scheduled meeting on May 21. Matt Poole and Jan Buhrman discussed their efforts to look into the possibility of creating services for teens in crisis that are currently lacking on the Island.
Prescription Disposal The Board suggested that the next Flu Clinic should include an option to dispose of un-needed or expired medications as a service to remove these substances from homes and reduce the risk of abuse. This would also serve to educate the public further on the dangers of prescription drug abuse and the proper methods of disposal that would not pose a threat to groundwater.
Beach Plum Inn Matt Poole reported on his discussions with the Chilmark plumbing inspector regarding work being done at the Beach Plum Inn to replace a grease trap. The Board instructed Marina Lent that the establishment can only be permitted to operate when a successful plumbing inspection of the recent work has been done by the plumbing inpector.
Tea Lane Caterer The Board noted that the warewashing setup at the Tea Lane Caterer should be reviewed for compliance. Marina Lent noted that the operation was designed by Kent Healy a few years ago. The issue will be on the agenda of the Board at its next scheduled meeting.
2014 Septic Installer Permit issued to MVP Construction
Quarterly LDO Incinolet maintenance: the Board noted that maintenance of the incinerating toilet at the LDO is not a Board of Health responsibility.
Perc Season The high groundwater perc season will remain open at this time, and will be reconsidered at the next meeting of the Board scheduled for May 21.
Solar Array on Chilmark Landfill: The Board noted receipt of the DEP Approval letter which specifies conditions of the application to install a solar photovoltaic array on the Chilmark Landfill cap.
KI Day Marina Lent reported that 15 families and >50 individuals were given a Potassium Iodide tablet during “KI Distribution Day” on May 2, 2014. The Board holds a supply of Potassium Iodide tablets which will be made available to the public in the event of a radiological emergency for protection of the thyroid from exposure to radiation.
2014 Food Establishment Permit issued to: Larsen’s Fish Market; Menemsha Inn (B&B); Chilmark Store; Roberta’s Kitchen.
2014 Pasteurization Permit issued to: Grey Barn Farm and Dairy on the basis of State inspection of the facility.
Dyer, 34 Bijah’s Way (7-75) Title 5 Official Inspection Report – passes
Cooper, 21 Ridge Hill Road (11-16.1) as built receivd, Certificate of Compliance issued
Catering Reports: Wedding (private) Reardon/Yeomans South Road Oct 11, 2014 Truly Scrupmptions Cathering
Khedouri, Bartlett Woods Road (11-1.5) well completion report received – new well, potability passes
Khedouri, Bartlett Woods Road (11-1.3) well completion report received – new well, potability TC+
Howe, 4 South Abel’s Hill Road (24-219) well completion report received – new well, potability passes
The following invoices were approved for payment:
- Cape & Islands Air Freight $15 for sample bottles from Barnstable Lab Q2 samples for PWS4062006
- Research Products/Blankenship: wheel, blower for LDO incinolet, reimburse Marina Lent, $27.40
- MVRD – SEMASS Transportation Recycling $1,463.55
- Cape & Islands Air Freight Q2 water testing CCC/Library PWS#4062006 $15
_______________________ _______________________ _______________________
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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