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, December 7, 2016
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Matt Poole,
Absent: Jan Buhrman
Also Present: Chris MacLeod, George Sourati (Sourati Engineering), Margaret and David Emerson, Reid Silva (Vineyard Land Surveying), Joan Malkin and Peter Cook (Chilmark Planning Board)
Minutes of November 16, 2016 approved.
Murphy, 88 Murphy Road (6-4.1) The Board reviewed a bedroom count showing three bedrooms in the Main house, and two in the Guest house. The Board asked Marina Lent to determine whether the building permit on file with the building inspector matches the existing house.
The Board noted that, since the septic system is sized for, and was approved for four bedrooms, the owners have 4 options: 1) deed restrict one of the rooms as not to be used for sleeping space; 2) expand the existing septic system to accommodate five bedrooms; 3) undertake structural changes that disqualify one of the spaces as being a bedroom, or 4) provide information that demonstrates to the Board that the current dwellings are compliant with septic system capacity.
The Board noted that an application for a screened-in porch does not affect Board of Health consideration of the septic capacity for the property, but that the bedroom count conducted there indicates that existing number of bedrooms are not covered by the capacity of the existing septic system.
The Board continued its consideration of the agenda item so as to give the owners the opportunity to appear before the Board; they asked Marina Lent to contact Chris Murphy and inform him of the date of the next scheduled Board meeting.
Emerson, 35 North Road (3-9), The Board continued its public hearing of a proposed septic system upgrade for the property prepared by George Sourati. Variances required include three well separation variances from Chilmark Board of Health Regulation requirements. The requested variances are as follows: separation between the leachfield and the locus well: 51’; separation between the leachfield and well #1 on A.P. 3-8 serving the O’Gorman household: approx.103’; separation between the leachfield and well #2 on A.P. 3-8 serving the Stratton property: 116’; separation between the leachfield and well #3 on A.P. 3-8 serving the Peterson property: 126’. In addition, it is requested to allow the distance from the leach field to the property line to
be reduced from the 30’ required by BOH Regulations to 18’. Title 5 variances include: to reduce the required distance from a soil absorption system to a cellar wall from 20’ to 11’; and to reduce the required distance from a soil absorption system to a private water supply well from 100’ to 51’.
The Board noted that the proposed system is a clear improvement over the existing system, and that it represents a good mix of compromises on separations on this challenging property. The Board approved the proposed septic upgrade.
Lee, 1 Clam Point Cove (33-120) Reid Silva presented a revised, 6-bedroom septic system upgrade plan for the existing house, following the Board’s denial, on November 16th, of a seven-bedroom system which would serve both the main and the guest house. The Board felt that recent renovations in the basement had created an additional bedroom in the main house, and asked for an updated bedroom count. The bedroom count conducted by Marina Lent on December 7, 2016, shows a total of seven bedrooms in the main house, and two bedrooms in the guest house.
The Board noted that there is an approved permit for a seven bedroom system, with 5 bedrooms in the main house and 2 in the guest house; however, the approved permit was never installed, and in 2004 a separate three bedroom system to serve the guest house was installed instead.
The 9-bedroom single system for main and guest houses proposed by Reid Silva thus represents a significant increase in capacity.
The issue is exacerbated by a finished basement, installed in 2011.~ At the time, the administrative assistant conducting the bedroom count mistakenly presumed the the capacity of the existing main house septic system to be seven bedrooms.~ Six bedrooms were counted and the homeowner was advised that the finished bedroom would count as a seventh bedroom.~ Minutes of DATE were read out in the meeting, confirming that the proposed finished basement would count as an additional bedroom for septic purposes.
The Board noted that a number of options exist: the TV room, which qualifies as a bedroom could be deed restricted as a space not for sleeping. The Board discussed whether to approve a total of seven or eight bedrooms on the property, noting that the lot is in the coastal district and no variance exists for the Guest House.
Matt Poole declared himself in favor of permitting a total of eight bedrooms, six in the main house, one deed restricted for non-sleeping space, and two in the guest house.~ Katie Carroll felt that a seven bedroom permit would be more appropriate. She noted that the current separate systems are permitted for a total of seven bedrooms, but were not “systems in full compliance” and had had to be approved with a variance. The Board felt that it would be appropriate to freeze the number of bedrooms at eight: two in the guest house and six in the main house.
The Board then discussed whether a single or two separate systems would maximize compliance on this property;~ Matt Poole felt that because two separate systems were approved in the past, two separate systems would provide greatest possible compliance.
The Board noted that maximum achievable compliance would be to stay with the two separate systems for the property. Reid Silva will bring a revised upgrade proposal to the Board at its next scheduled meeting, and the Board determined that a public hearing will not be required, as the separate system-variances were already approved in a public hearing in 1998 when the guest house septic system was approved.
Axelrod, (26-84) Reid Silva presented a 6-bedroom septic system construction permit for a three-bedroom house, one-bedroom bunkhouse and 1 bedroom guest house. It will be a Presby system with cleanouts at every change of direction of flow. The Board asked that the plan be revised to minimize crossings of water and sewer lines. Reid Silva will bring a revised proposal to the Board at its next scheduled meeting.
Cicilene, (12-53) Reid Silva requested a septic system construction permit renewal for a plan that was originally approved in 2009. The Board approved the renewal.
Menemsha Planning Board Planning Board members Joan Malkin and Peter Cork attended the meeting for a discussion about public health input to updating the Master Plan. The Board provided an outline of its main concerns (attached), covering such issues as water-sparing measures for the bath house; trash-minimizing measures; beach-management (dogs); pedestrian safety; Basin Road lease lots as food establishments, including wastewater considerations. The planning board members thanked the Board for its extensive and valuable input, and hope to continue discussion in the future.
1998 Little House RE Trust, 86 Stonewall Road, (32-71) Title 5 Official Inspection Report – fails due to backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool. The Board asked Marina Lent to send a registered letter requiring system upgrade within 90 days.
Doty, 62 Menemsha Crossroad, (26-105) The Board approved an emergency well replacement for the property, and asked that an “as-built” plan be provided, showing the exact location of the replacement well.
Damroth, (11-54.4, 54.5) The Board requested further information on a proposed Form C Subdivision Plan to indicate the availability of drinking water and appropriate soils on the proposed new lots.
Maciel & Sons, Inc. The Board approved a 2017 Installer Permit application submitted by Troy Maciel, pending receipt of a valid certificate of liability insurance.
Perc Season The Board requested a report from Marina Lent about water table levels in the observation well at Town Hall.
Well Completion Reports: Malkin, Tilton Cove Road (25-124)
Certificate of Compliance: Denny Jason, Nab’s Corner (11-46.4);
Temporary Food Events: School Lunch 12/2/2016; Chilmark Flea,
Title 5 Official Inspection Reports: Dick, 28 Loon Lane (21-38.1); Pineview Realty Trust, 18 Moses West Road (32-78);
Invoices: The Board approved the following invoices for payment:
- MVRD SEMASS-MSW $12
- MVRD SEMASS-MSW $1,478.69
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.
BOH Comments towards an updated MASTER PLAN for MENEMSHA
Bath House:
- Add urinals to the men’s room;
- Add a foot-rinse tap outside (cold water only, press-button operation, not continuous flow);
- Move the showers outside to create an additional stall in the women’s room and make space for urinals in the men’s room.
Trash: seek additional ways to reduce trash (such as the very welcome plastic bag ban)
- No straws;
- Reduced packaging;
- Give bags only if the customer requests one;
- Do not put out napkin dispensers for “self-serve”
- Enforce “carry-in/carry-out” rules.
Beach:
- enforce the NO DOGS ALLOWED AT ANY TIME, or, at a minimum, strict enforcement during the summer season when the beach is open as a bathing beach. (complete ban vs. seasonal ban)
Tour Vans:
- either enforce a tour bus ban, or, at a minimum, inform tour buses of a “carry-in/carry-out” policy and strictly enforce this policy. (complete ban vs. trash enforcement)
Public Safety: The walkway is very successful!
- Push the parking lot back 5-10’ to improve traffic flow (in keeping with current plan to not create any increase in available parking) and add a minimally-invasive walkway to the corner by the Bite.
Public Information/Education:
- Work with Police to have traffic officers direct pedestrians to the walkway and to enforce the dogs-on-beach ban.
- Put up an information board at the restrooms/bathhouse for general information—examples: Tick-borne illness prevention, carry-in/carry-out information, mosquito prevention and more
- Bring back the “Keep Menemsha Clean” sticker campaign!
Basin Road Food Establishments on Town Lease Lots
- In keeping with the original intent of the Basin Road Lease lots, the Board discourages any steps that would further entrench and expand the use of these lots for on-site, prepared-to-order dining, which has become a growing part of what should remain primarily seafood retail sale establishments.
- The Board is responsible for inspection and enforcement of State, National and Local Food Regulations in these establishments, and would like to further note that the severe constraints of space, equipment and adequate facilities, do not allow for expansion of food offerings beyond a very limited, simple scope.
Wastewater Disposal in Menemsha:
- The Board does not support any expansion in wastewater treatment capacity in Menemsha.
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