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HomeMy Public PortalAboutComprehensive Water Planning -- 2013-08-26 Minutes r N, , . '41pli#E Wer��%.,, Town of Brewster Comprehensive Water .o`� "`"+k7'�° Plannin Committee - nli .,�t s 2198 Main Street 9 3 li iii II y 1 Brewster, Massachusetts E 17. "'11"";,___ 0 02631-1898 (508) 896-3701 x1233 y nriRiliunu+°�'a��o°°�, FAX (508) 896-8089 BREWSTER tOWN CLERK =. Date Approved: 9-23-13 �d fij�2 Vote: 6-0 TOWN OF BREWSTER MINUTES OF COMPREHENSIVE WATER PLANNING COMMITTEE (CWPC) Regular Meeting Monday, August 26, 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, Dan Ryan, Paula Miller, John O'Reilly, Adam Curtis, and Bruce Evans present. Absent: Elizabeth Taylor, Dave Bennett Also Present: Sue Leven, Pat Hughes, Jim Gallagher Recording or Taping Notification The Chair read"As required by the Open Meeting Law we are informing you that the Town will be audio taping this 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 082613_A Email from Mark Nelson, HWG to Sue 3. Discussion of funding requests for fall town meeting Leven, re:Fall town meeting. 4. Private pond discussion 082613_B 8-26 Memo from Mark Nelson, HWG 5. Review minutes of 7-8-13 and 7-24-13 082613_C Letter from EPA to Mr.Zevon 6.Topics the Chair did not reasonably anticipate 1. Mizell Forum Skidmore welcomed new members Paula Miller and Adam Curtis to the committee. Leven announced that Taylor had surgery on Friday and is doing well. Dr. Sandy Zevon was present and expressed concern about Elbow Pond and the blue green algae. It was his dog that became sick from the pond. The pond is thirty acres. He asked if any work had been done regarding the fertilizer work on the pond. He wanted to know why it is taking so long to hear from the Cranberry Growers Association (CGA). He referenced the minutes of 8-12-13. A letter from Carolyn DeMoranville of the UMASS Cranberry Station was discussed at the 8-12-13 meeting. The Committee has copies of the letter. Leven updated Dr. Zevon regarding what was discussed at the last meeting. He wanted to know if the CGA had contacted anyone regarding cranberry farming and its affect on fresh water ponds. Leven had not received anything. He believes the major source of phosphorus in the pond is from the cranberry bogs. Skidmore explained Mark Nelson has acknowledged that cranberry bogs do contribute phosphorus to the ponds. Leven has been in contact with the CGA. She explained that homes also contribute to the phosphorus. CWPC 8-26-13.docx Page 1 of 5 Zevon asked about sampling results from the pond. Leven asked about a fertilizer management plan from the state for the bog. She will try to get the document and share with Zevon. Zevon wants to get in touch with the CGA. Are they abiding by requirements of the state regarding phosphorus? He was asking for help in getting the facts. The bog has grown in size. Is that why there is a problem? The pond is turning into a swamp. He expressed concern about the pond. There are 10 or 11 homes along the pond. He does not believe it is caused by fertilizers or septic systems. Skidmore acknowledged the pond problem. Mrs. Zevon asked about results of the sampling? The committee will ask Chris Miller. Leven will call the CGA. Zevon asked about a core sample. Leven questioned taking a core sample. He distributed a letter from the EPA to the committee. 2.SMASt proposal and funding update Leven referenced the email and Phase IIIB scope of work. The SMAST portion has not been finalized. They discussed timeframe. Skidmore requested a schedule and a Gantt chart. Leven explained further. A.10. She questioned if there was a final report for the Herring River TMDL. Regarding SMAST - More detail is coming. Committee Comments Skidmore and Leven discussed financials. 255k total, 125,875 - in scope. HWG cannot go over 255k. Skidmore, D2 task. Control? O'Reilly asked about D2-D5 - does it include SMAST? Leven, Yes. Miller, P asked about Phase III A - funded through 255k? Leven asked for money in the fall and then money in the spring. $130k in fall, $125 in spring. Skidmore added they asked HWG to split up the Phase III to conform to the budget requirements. Skidmore stated they could approve the whole phase and HWG could come back and ask for a change. Leven added the money would come out of the watershed assessments. Miller, P expressed concern about the All pilot test. She stated injection wells are very difficult. She added they need a legal institutional portion about how to deal with ponds. Who is responsible? She would like to see them recommend a program to help people deal with problem ponds. She asked HWG to address this. Leven stated Falmouth is also testing permeable reactive barriers and the CCC may fund some of the pilot testing. Skidmore noted a $10k planning number but acknowledged that testing will be more money. Miller, P was concerned about the cost. Skidmore noted this discussion is part of item #4 on the agenda (Private pond discussion) Hughes, P commented regarding Herring River - They should address with DEP. $11k for an allocation. O'Reilly made a Motion to accept HWG Phase IIIB scope according the HWG memo dated 8-26-13, Ryan Second, All Aye, Vote 7-0. CWPC 8-26-13.docx Page 2 of 5 1 36 Discussion of funding requests for fall town meeting I Skidmore stated they need to come up with a number. He referenced the email from Mark Nelson of HWG. They will discuss further at the next meeting. Leven - $100,000 line item, go to Board of Selectmen and Finance Committee to discuss specifics. Hughes, P suggested they are not ready to look at specific technology. More detail is required on the cost of various options. Installation, operation and maintenance. She was concerned about piloting technology. Option B Ponds, more of a phosphorus problem. She believes that more people are aware of the pond issues and suggested the committee capitalize on this. Schell asked if they would discuss the merits of option A vs. option B tonight. Skidmore suggested they review and discuss further. Schell thought the response was ambiguous. Skidmore noted it will be on the next agenda. (Not just A vs. B) Schell stated HWG was proposing either or options. Leven noted these are not the only options being considered. Schell acknowledged they are not limited to two options and will discuss at a later time. O'Reilly explained they are trying to come up with a placeholder for the warrant. HWG will need to come back and explain further. Leven stated once they have the SMAST numbers they can discuss further. Leven will ask Nelson to come to the 9-9-13 meeting. O'Reilly made a Motion to approve $100k placeholder for fall town meeting, Evans Second, All Aye, Vote 7-0. This topic will be on the next agenda. 4. Private pond discussion Skidmore explained they would like to be able to have an infrastructure in place to communicate information to people on ponds. Perhaps part of $100k placeholder? Miller, P would like to see a definite answer for people living on a great pond. Will the town be involved? Public access/private ponds clarification will be required. Leven explained that the priority ponds now have public access. (Active public use) All great ponds are supposed to have public access but a lot of them don't. Can the town fund the remediation of 70+ ponds? No, some - maybe. Leven talked to Sumner about private ponds. The committee can introduce people to each other, share information, and look at options in combining projects to benefit from economies of scale. Leven is interested in a package for private pond associations or homeowner associations that have private ponds to help property owner's deal with the impaired ponds. She is discussing with HWG. She shared an idea of a pond betterment which could function like a road betterment. It would require a vote at town meeting. Zevon expressed concern that public ponds have tourists which use boats. Private ponds are used by taxpayers and he feels the taxpayers should get preference. He stated they are ignoring private ponds that don't have public landings. He stated that many people who use Long Pond don't live on the pond. He expressed concern about funding. Leven and Zevon discussed further. Skidmore noted they are studying eighty ponds. The priority may be those with public access. Leven added that this may take a long time. There are any things property owners could do now instead of waiting for the town to improve the ponds. CWPC 8-26-13.docx Page 3 of 5 i v_ rrrr" Private pond discussion, cont. Zevon asked about the Clean Water Act, Grant Water Program. He stated that Section 319 grants can fund research and analysis of discharges from cranberry bogs. Leven explained the town has filed a 319 grant application for the storm water remediation project at town hall, Schell agreed with Leven in principle. He likes the idea of a pond improvement association. He believes it may be difficult to define the area and referenced a recent road betterment involving Brewster Green. Schell suggested it would be helpful to agree on what makes a private pond. He suggested completely surrounded by private property, no storm water outlets, and smaller than ten acres. Skidmore stated it is a good idea to communicate with the pond associations. It would be good use of Phase IIIB funds. Ryan asked if it would be defined by the town, county or state. Skidmore',asked about a definition since it is currently defined. O'Reilly explained the Mill Ponds are first, and then they could share information with the public, take the science and apply it to other ponds. Elbow and Blueberry Pond could be considered. He encouraged Leven to continue to talk more about a pond betterment. The road betterment program has been hugely successful. This committee could put emphasis on ponds with public access. The state has definitions for private and great ponds. Miller, P expressed concern about the distinction between two types of great ponds (private vs. public) - She discussed further with Leven. O'Reilly will send links to definitions. Zevon and Leven discussed what makes a great pond. Schell stated it was not pertinent and does not bear on a private pond. Private ponds exclude great ponds. O'Reilly expressed concern about people wanting money for their pond and helping private pond owners vs. helping public ponds. Zevon added the Clean Water Act specifically mentions bogs. He asked the committee to read the last sentence of the document he distributed. He believes it fits their problem with Elbow Pond. Leven explained she is familiar with 319. There is No TMDL for Elbow Pond. She added the committee has to meet requirements for storm water from the federal government and prioritize projects. Schell explained that the Mill Ponds and Walker Pond fall under the Clean Water Act Category 5 since 1996 or 1998. EPA and MA DEP DEA, state a TMDL has to be developed because the ponds are impaired. The TMDL has not been prepared. The citation only applies when there is a TMDL. Schell and Zevon discussed the pipe between Elbow and Walker Ponds. Schell stressed they have to have a TMDL in place to apply for a grant. White Island Pond in MA has a TMDL. 6. Review minutes of 7-8-13, 7-24-13 Gallagher emailed edits to Moore for 7-8-13. Moore read the edits. Ryan made a Motion to approve the minutes of 7-8-13 as amended, Curtis Second, All Aye Vote 6-0 (O'Reilly left the meeting) Evans made a Motion to approve the minutes of 7-24-13 as written, Miller Second, All Aye, Vote 6-0 CWPC 8-26-13.docx Page 4 of 5 I k e. Leven and Nelson met with George Meservey in Orleans. There is a potential interest in permeable reactive barriers. They discussed the construction of a new plant in Orleans. Meservey understands that Brewster has an interest in using a future plant. Leven and Nelson will keep talking to Meservey. They also met with Heinz Proft, Peter DeBakker, and Larry Ballantine in Harwich. Dave Young, their consultant, discussed Harwich's plans. Their plan is being reviewed by DEP and the CCC. They discussed the TMDL for the Herring River watershed, several joint opportunities, neighborhood plants in Meetinghouse Village, and permeable reactive barriers. It was a helpful discussion. There are opportunities for the towns to work together. Miller, P asked about the Herring River portion of their plan. Leven explained there is a draft Herring River report from MEP. Schell asked about the CCC draft of fertilizer proposal. Leven stated the hearing is 8-29-13. Evans made a Motion to adjourn, Ryan Second, All Aye, Vote 6-0. The meeting ended at 6:00 pm. Next Meeting: Monday 9-9-13 @ 4:30 pm R=.pect ul emitted, dim p iii Dav ►, r'', ice Chair & Clerk Kelly Moore, S 4 or Dept. Assistant, Planning CWPC Action Items, Post 8-26-13 Meeting The action items were not reviewed during the 8-26 meeting. Consultant Action Items Meeting Comments Due Date Status /Member/Staff Date (estimate) HWG Phase II—10%design on storm 4-22-13 319 grant application Ongoing water retro fit project,Town Hall submitted to fund Rain Garden construction Phase Ili, HWG 8-26-13 Phase IIIB scope of work Ongoing approved,More detail coming from SMAST Leven Funding request for fall town 8-26-13 Placeholder of$100k 8-27-13 to Ongoing meeting approved, more discussion Sumner , required HWG Phase III, Meeting with HWG and 3-25-13 CCC met with town officials, Ongoing CCC 208 plan update underway SMAST/ Mill Ponds Complex Project 6-24-13 incorporated into Phase III Ongoing HWG (Pond Study) B. Ed Eichner Technical Memo 1-16 Leven Collect and develop materials for 8-26-13 Leven use b •rivate ••nd owners Miscellaneous CWPC CWPC Briefing Paper for 4-8-13 Hughes, P and Leven Ongoing Committees and Boards working on paper CGA Communications with CGA 5-28-13 Leven to continue Ongoing communications Kleinfelder MS 4 Compliance Update 4-22-13 Direct discharges to Ponds? Ongoing HWG Share info?from P. Hughes Bennett Reports by Peter Weiskel for the Tri 2-27-12 early 2013 Town Treatment Plant CWPC 8-26-13.docx Page 5 of 5