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'13 SEP24 2:47PM
Date AI pproved:9-9-13
Vote 7-0
TOWN OF BREWSTER MINUTES OF V�
COMPREHENSIVE WATER PLANNING COMMITTEE (CWPC)
Regular Meeting BREWSTER TOWN CLERK
Monday, August 12, 2013 at 4:30 pm
Brewster Town Office Building
Chairman Lem Skidmore convened the CWPC meeting at 4:30 pm in the Brewster Town Office Building with
members, Russell Schell, Dave Bennett, Dan Ryan, Paula Miller, John O'Reilly, and Bruce Evans present.
Absent: Elizabeth Taylor
Also Present: Sue Leven, Nancy Ellis Ice, Jim Gallagher, Pat Hughes, Hal Minis, Neighbors of Elbow Pond
Recording or Taping Notification
The hai read "As required by the Open Meeting Law we are informing you that the Town will be audio taping this
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public meeting. In addition, if anyone else intends to record this meeting he or she is required to inform the chair."
AGENDA
Supporting Documents: 1. Citizen Forum
2. SMAST proposal and funding update
081213 Ai,Correspondence re: Elbow Pond 3. Discussion of funding requests for fall town meeting
4. Brewster Conservation Day and BCT/CWPC meeting wrap-up
5. Private pond discussion
6. Review minutes of 6-24-13
8.Topics the Chair did not reasonably anticipate
1. Citizen Forum
Bob Mal4terstock, who lives near Elbow Pond, spoke in favor of including Elbow Pond in a pond study. He
submitted a petition that was already emailed to Planning by Sandy Zevon. He expressed concern about
the impact on the pond by the two cranberry bogs with frontage on the pond. There are two bogs of 14 to
18 acre. The pond is 30 acres. He asked if any work had been done regarding fertilizer's affect on the
pond. He had received feedback from the Cranberry Growers Association. The UMass Cranberry Station
has subtnitted a report which Mr. Zevon emailed to the Committee.
Skidmore stated the Committee's mission. He acknowledged that Elbow Pond is one of 80 ponds being
reviewer. The current study is focused on the Mill Ponds. He explained there are things people can do to
help out the impaired ponds. He encouraged the formation of pond associations. He acknowledged
cranberry bogs as a source of nutrients but not the only one.
Leven explained that a certain number of ponds have public access and some are privately owned without
public access. The town would address those ponds with public access first.
CWPC 8-12'-13.dooc Page 1 of 5
Mauterstock asked if there are any regulations. Leven suggested he attend a meeting Wednesday at the
Harwich Community Center, sponsored by the Pleasant Bay Alliance. It is a lecture by the Cranberry
Growers Association.
They discussed what other towns and doing about impaired ponds and how many ponds in Brewster are
located near cranberry bogs.
Mauterstock was concerned about the increase in vegetation in the pond. Skidmore acknowledged that
there are many contributors. Skidmore urged them to learn about best practices around the ponds. He
hopes td distribute information to other associations.
Schell a ked for a description of the location of the two bogs near Elbow Pond. Mauterstock explained the
location to Schell referencing the location visually. They discussed further. He acknowledged an
interchange between the Elbow ponds and Walkers Pond.
Leven suggested they visit the alcove on the second floor to review informational handouts.
Nancy PI ice addressed the committee. She lives near Elbow Pond. She explained there is not town access.
Leven aid Price discussed further. There is not a town landing, so no public access.
Mary M Iuterstock addressed the committee. She gave Leven copies of the documents that have already
been sumitted. The letter from Ken Wagner is new information.
Bennett asked Price about any trails to the pond. Erosion? Storm water, near parking lot? Price
mentiond pooling water after rain that flows into the pond. She discussed further with Bennett.
Bennettlnoted improvements can be made by the neighbors. A good example is what the residents are
doing atl the end of Canoe Pond Road. Bennett suggested bringing ideas/concerns to the CWPC.
Schell asked about a sick dog that drank water from the pond. He suggested getting samples - a leverage
for action. There have been recent tests showing acceptable levels for the pond.
Bennett informed the group that the committee can recommend where money is spent. (Direct
discharges, worsening conditions) There is a fertilizer management plan for every bog that has to be
approved by the Department of Agriculture. Pesticide use has changed dramatically. He encouraged
people t be diligent about their pond. Nancy Ellis Ice, the Board of Health Director can take up health
related Sctions.
2. SMA T proposal and funding update
Leven stated that Nelson has been in touch with Eichner and they are discussing how SMAST can work
with HWG. It is a HWG Phase III budget item.
Skidmore asked about the continuance of the SMAST work. Leven explained SMAST will do some of it. She
is meeting with Nelson and contacts in Orleans tomorrow. SMAST is working on Schoolhouse Pond.
Skidmo ie asked about analysis from Eichner. Leven will follow up.
Bennettll,asked about the second half of the funding. Was there a vote? Leven stated they could vote the
2nd half now that they have the money. Leven and Bennett discussed further. He asked for a revised
budget line for a vote. Leven agreed.
13. Disc ssion of funding requests for fail town meeting I
Leven stated Phase III is covered. She will talk to Nelson about looking into a guide for private pond
owners. Skidmore asked about the next phase. End of phase III, December.
Leven noted alternatives analysis, selection, and implementation (Phase III, IV) not there yet.
CWPC 8-12-13.docx Page 2 of 5
Skidmore asked about a placeholder. Leven will talk to Nelson and get feedback for additional funds. She
will double check end of Phase III.
Skidmore has not seen an anticipated schedule. End of December? Hughes asked if HWG will be finishing
alternatives in December. A number of public meetings are needed. It may be rational to ask in May town
meeting for next steps. Skidmore agreed. May is late. 8/26 is deadline.
O'Reilly Stated if alternatives are not complete until December, then he has concern regarding an article in
the fall. He suggested using December - March for complete public selling, alternatives and
recommendations.
Leven explained a possible pilot project, permeable reactive barriers. They could ask for money
to cover research and testing. O'Reilly was in favor of a well defined position. He noted it could
make sense for this fall. Hughes agreed with O'Reilly. She went to the Cape Cod Commission meeting
on Level's behalf regarding alternatives. She was in favor of pond work (less for new field work and more
for taking data and coming up with recommendations). She suggested proposing a pilot and then working
on a plate and budget for the November town meeting.
Bennett noted the work with direct discharges, storm waters, 10% design storm water projects. He would
like to see e data for reactive barriers before moving forward. Where are our discussions with Orleans?
He agre d with O'Reilly. Leven explained there is a grant in process for the town hall rain garden. Bennett
was in favor of a smaller article and a demo of work already being done. Leven and Nelson are meeting
with Orleans tomorrow.
Hal Minis spoke in favor of more education for pond owners. The BCT could be a partner with the activities
Skidmore agreed with a coordinated effort. Leven will follow up after meeting with Nelson. The next
meeting,is 8/26, which is the deadline for town meeting articles.
Bennett'lasked about the number of direct discharges. Leven explained the town was entering into a
contract for road improvement management. Bennett asked how many. Leven will follow up.
O'Reilly',asked about process for a placeholder. Leven could update Sumner on 8/27 with the estimated
number„ They discussed allocations of money available after July 1. They discussed what exactly is
included in placeholder. (Mill Ponds, data analysis/Eichner). Practical applications, Bennett, for taxpayers
to see.
4. Brevr$ter Conservation Day and BCT/CWPC meeting wrap-up
Leven sated it was a good opportunity. The setting did not work well for Nelson's scheduled speaking
events, ut she explained it was good for him to meet people. She shared comments. The information on
the card provoked discussion. Leven noted that people don't understand their individual contributions.
The group received new email addresses. Leven also attended the part time residents meeting on
Saturday and it went well. There were a lot of questions.
Minis informed that Board that the BCT is starting to plan for next year and would love to know what kind
of activiies the committee is interested in doing again. He will work with Leven.
I 5. Priv4te pond discussion
Private'pond discussion
Skidmore stated there are many people who care about ponds and are willing to take action if they know
about a set of activities they could do. Elliott Carr spoke to Skidmore about starting a Brewster pond
association. In general this is a good thing to talk about.
What can we do regarding current resources, resources and objectives?
Leven explained we need for everyone to understand the CWPC mission. This committee does not fix
things. the purpose is to look at representative samples for broader recommendations.
CWPC 8-12-13.docx Page 3 of 5
What can be done to bring private pond people to the table?
Private pond owners may have access to money that the town does not have.
Evans asked what the biggest contribution to the ponds is. (Phosphorus) We need to tell people.
Leven noted Elbow pond. Alum treatment has been discussed, but it does not solve the problem. Part of it
is understanding how it got that way and what will make it better going forward.
Manage expectations.
Bennett noted they have the discretion to prioritize projects. It is important that people have a place to
go. The Town has a responsibility to lead and show some examples of fixing areas.
Miller, P was concerned about recommendations being made and people not seeing results. People have to
understand they are not sterile holes; ponds evolve into swamps and meadows. Manage expectations.
A lot of the ponds, labeled as impaired, are grassy ponds already. Part of this is nature. Need pond SWAT
Team? What is the action? Skidmore agreed it starts with education and then more information.
Schell e*pressed concern. (Parallel to Elbow Pond neighbors) He explained that Elbow Pond has enough
neuro toxins to kill a dog. It is documented that Walkers Pond has exceeded state limits for neuro toxins.
Leven h' s distributed this information. There is ample evidence by authorities on concentrations of neuro
toxins/b�ue green algae/related to phosphorus concentrations to the water column.
Schell 4plained that Elbow Pond and Upper Mill Pond are deep enough to experience seasonal
temperature stratification, autumn turnover, and a significant increase in water column phosphorus
concentration. Walkers Pond is not deep enough to experience seasonal temperature stratification. MA
DEP has identified intermittent storm water flow through the drainage conveyance under Cranview Road
as a prospective source of phosphorus transport from Elbow Pond, and the cranberry bog north of Elbow
Pond, to Walkers Pond. The State DEP has identified the drainage problem under Cranview Road as a
possiblesource of phosphorus. CCC is in process of proposing a generic fertilizer control. He referenced a
letter from Mr. Keats who is a resident of the neighborhood. We should encourage consultants to explore
in more detail.
Skidmore asked if this is what we are doing.
Bennett,noted Phase III, surface waters, analysis and recommendations. It's possible that one day there
maybe Minimized digestion of phosphorus in ponds.
Skidmore was interested in having the consultants look at phosphorus in Elbow Pond area.
Miller expressed concerned about a pond by pond analysis.
Skidmore, SMAST Mill Pond (bridge project) Phase III, Schoolhouse Pond, (validate technique rapid
assessMent)
Evans rferenced the email from Mr. Zevon regarding the Long Pond Alum treatment.
an now treat with Alum, temp and expensive, but might be where we are headed.
Miller, Pquestioned the process and added that APCC and other environmental groups are working for
great pond legislation. (Over 10 acres is a state pond, public access)
Leven shared an idea of creating pond betterments. She provided an example of a neighborhood with
deeded rights to a pond. (Preliminary plans to town, $ goes to a group, work gets done and gets charged
out to residents) This could be very expensive. She is talking to town counsel about how it gets setup.
Private ponds don't have public land for access.
Skidmore acknowledged the great pond legislation, 10 acres, state owned. Private vs. public.
CWPC 8-12-13.docx Page 4 of 5
An agenda item - More specific communications to pond owners.
Make contact with pond associations and BCT
Leven added that Elbow Pond private with no public access.
Minis stated that people tend to come to the town for solutions but the actions are going to come from
private Citizens. This committee could help citizens organize. (The ultimate success of pond protection
program)
Skidmore agreed.
Schell is��asked about Elbow pond. Private/public? Leven stated private
Schell stated it is a great pond and bordered by town property.
Hughes asked how we make strategic investments. She explained that from a public perspective it makes
more sense to invest in a publically owned pond. She understands Schell's concerns but it would be
difficult to convince people to invest in private ponds vs. public ponds.
Leven will discuss with Nelson. Something in writing should go to the other departments to set
expectations. It is good for people to come to the meetings to ask for help.
They discussed possible actions. There was concern about how people should respond. Bennett likes the
idea of betterment and thinks they should add a tax deduction for money put into a pond. He added that
they probably won't probably see state programs or municipal programs.
Miller requested a better concept of what the committee is doing.
Leven n ted the HWG rapid assessment example. A lot of the ponds will have same basic issues,
especial'y if they have development on the pond.
This topic will be on the next agenda.
6. Reviles minutes of 6-24-13
Bennett',made a Motion to approve the revised minutes of 6-24-13 as amended, Ryan Second, All Aye,
Vote 7-0
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None.
Evans rrade a Motion to adjourn, O'Reilly Second, All Aye, Vote 7-0.
The meting ended at 6:00 pm.
Next Meting: Monday 8-26-13 @ 4:30 pm
Respectfully -omitted,
AVA
i :!1ij �', Vice Chair & Clerk Kelly Moore Senior Dept. Assistant, • anning
CWPC 8-12 13.docx Page 5 of 5