Board of health member Michael Loberg has led progressive effort to limit nitrogen entering Lake Tashmoo and Lagoon Pond.
Alex Elvin

Tisbury Board of Health Drafts New Pond Protection Plan

<p>The board has dropped plans for a nitrogen tax on new development in the Lake Tashmoo and Lagoon Pond watersheds.</p>

The Tisbury board of health has formally dropped plans for a nitrogen tax on new development in the Lake Tashmoo and Lagoon Pond watersheds, and plans to bring a new proposal to a public hearing in September.

In the latest draft proposal, denitrifying septic systems would be required for all new construction in the watersheds, including in the case of some property transfers and to replace systems that have failed.

At a meeting last week, the three-member board of health, along with health agent Maura Valley and Chilmark attorney Joan Malkin discussed the recent changes and touched on some of the issues likely to come up at the hearing, scheduled for Sept. 13.

The board of health has been working for months on a new bylaw to protect the ponds from excess nitrogen coming from private septic systems. The initial idea of levying fees on new development was dropped following a series of public hearings early this summer. Last week board member Michael Loberg, who has led the effort, expressed a desire to move on.

The new draft rules include a list of 18 state-approved denitrifying systems, including those approved only for provisional or pilot use. The list would likely grow as new technologies become available. The draft presented on Wednesday brought back one element of the earlier proposal by adding denitrifying toilets to the list.

Anna Edey, a Vineyard Haven resident and longtime advocate for sustainable living practices, suggested that the board also allow systems not recognized by the DEP. But Ms. Valley, the health agent, said the board is limited under state law to allow only DEP-approved systems. She said developers would have the option to apply for a piloting license and work with the board of health to test the system.

The board also spoke with civil engineer Kent Healy about ways to gather more data related to the sources of nitrogen, an issue that had come up at the hearings in June. Mr. Healy disagrees with the proposed regulations, and has questioned data from the Massachusetts Estuaries Project. He advocates for a reduction in fossil fuel use and greater reliance on constructed wetlands and other forms of natural denitrification, along with the increased flushing of the estuaries.

“I think it’s very important that you know where the nitrogen is coming from,” said Mr. Healy, who has pressed for more extensive sampling of groundwater in the watersheds. “The idea that we put nitrogen from our septic systems . . . into Lake Tashmoo or the Lagoon – that’s good, but I think it’s important that you measure it.”

Board members shared a desire for more data related to groundwater and looked forward to working with Mr. Healy in the future. “We could make a serious partner,” Mr. Loberg said.

Comments

Submitted by Anonymous (not verified) on Mon, 08/15/2016 - 17:56

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Allison Hughes Tashmoo

I would like see a to limit the boats that anchor without paying for a town mooring. There are hundreds of boats coming into Tashmoo and anchoring. This is a stress to the pond. They rip up the bottom and how much nitrogen are they
Dumping ... ? The fees collected could go to maintaining the pond.
Another suggestion is to keep the fisherman from dumping their fish carcusess in pond. That is a nitrogen bomb!! There use to be a barrel on the dock.

Submitted by Anonymous (not verified) on Tue, 08/16/2016 - 07:52

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Fee vs Tax Martha's Vineyard

In a previous editorial your paper praised the BOH for their innovative thinking and described the "fee" structure. Now you're calling it a "tax". What is it?

This is still not a good idea. This is trying to find something to do when everything else, social issues with Opioid addiction, hoarding, mosquito control along with inspections of restaurants etc should be front and center. The BOH should stop trying to find something to do and just do what's on their plate. The nitrogen facts are in dispute. Commission a real report before you start coming up with taxes, fees and proposals to something you do not have credible data to support.

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