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HomeMy Public PortalAboutComprehensive Water Planning -- 2014-09-08 Minutes m "�""mmullo/a, Town of Brewster Comprehensive Water I( .f't�DFq'ST�t��j 2198 Main Street Planning Committee _:_' ;1,x;1;; gym:;' Brewster, Massachusetts 02631-1898 3 "Ill'' y= (508)896-3701x1233 b rew p l an©b rews to r-m a.gov //////I I I I I I I I I I I I I 111\\\\\\\\\\\\ Date Approved: 10/14/14 Vote: 8-0-0 TOWN OF BREWSTER MINUTES COMPREHENSIVE WAT ER PLANNING COMMITTEE (CWPC) Regular Meeting Monday, September 8, 2014 at 4:30 pm Brewster Town Office Building Chairman Paula Miller convened the CWPC meeting at 4:30 pm in the Brewster Town Office Building with members Russell Schell, Bruce Evans, Dave Bennett, Dan Ryan, John O'Reilly, Lem Skidmore, Adam Curtis and Elizabeth Taylor present. Also Present: Susan Leven, James Gallagher, Pat Hughes Recording or Taping Notification The Chair read"As required by the Open Meeting Law we are informing you that the Town will be videotaping this public meeting. In addition, if anyone else intends to audio or videotape this meeting he or she is required to inform the chair." Supporting Documents: AGENDA 090814_A HWG Memo 8/29/14 1. Citizen Forum 090814_B Funding Request 29/1 2. Discuss Herring River MEP Report from Mark Nelson,HWG Town meeting 3. Discuss 208 watershed recommendations being released 9/5/14 4. Pond Coalition Update, Leven Recording available at: 5. Fertilizer by-law Update, Leven Record Recording available e at: 6. Discuss request for funding at fall Town Meeting,Leven 7. 8/11/14 Minutes for approval 8.Topics the Chair did not reasonably anticipate I. Citizen Forum None 2. Discuss Herring River MEP Report from Mark Nelson, HWG The Chair provided a brief summary of the memo. • Brewster has no responsibility for the restoration of the Herring River. • Brewster may have responsibility in the future as the town becomes more built out. • Will this be built into our plan? • To what extent have open space purchases affected this? • Will the CCC 208 report group the town differently? • The Chair noted the report was difficult to follow. Discussion Summary: • Comments were received from Miller-P and sent to Nelson. • Build out - Herring River and Pleasant Bay are part of the implementation scope of work for phase III. • This information comes from the Herring River MEP report, Brewster has always been at zero. • Nelson reviewed the report to look at nitrogen remediation for future development. • Should the NRP area be increased? (Natural Resources Protection by-law) o NRP covers part of it now, will be addressed with build out. • There was discussion about the purchase of the Copelas property in West Brewster. (Not complete yet) CWPC 9-8-14 KCM/SML 1 • Updated information will come from Nelson. • What subdivision is shown off Hinckley? (Headwaters in Harwich) • Brewster needs to address nitrogen coming in from future development. • Bennett and Leven discussed buildable lots, Punkhorn area and Elbow Pond available land. • Any comments should be emailed to Leven as soon as possible (by 9/11/14) for Nelson. • There was continued discussion regarding build out and the additional phase coming soon. 3. Discuss 208 watershed recommendations being released 9/5/14 CCC (Cape Cod Commission) has not posted the Lower Cape recommendations yet. They will be available on- line 9/10/14. Miller was concerned about the date for a public meeting and their deadline delays since the local meeting is soon. Leven and Miller discussed future plans and current activity with the town of Orleans. Discussion Summary: • Schell will attend the local meeting in Chatham. He believes there is a need to rationalize the difference between the present arrangements of each town being responsible for their own. Schell questioned the administrative accommodation from town-based to watershed-based. Possible alternatives? • They discussed what might be addressed at the CCC meeting.CWPC meets on 9/22/14 and the watershed meeting is 9/24/14. • Has the draft report of Phase III been shared with CCC? YES-Leven. The committee asked if Nelson is going to be able to react to recommendations from the watershed recommendations being released 9/10. There was concern that there may be issues to address on 9/24/14. • Will Nelson advise the CWPC after recommendations are released? Leven - addressed in item #6 on the agenda. (watershed meeting agenda) • Hughes suggested the committee take a step back. There is an agreement between Brewster, Orleans, and Eastham. This municipal agreement might be the umbrella that helps the towns work together. She asked the committee to consider being more proactive with the CCC recommendations. They have not chosen alternatives yet. • Bennett noted the intermunicipal agreement is very important, whether or not we have made disclosure to Orleans, our solutions are only recommendations. He made reference to the golf course nitrogen reductions. • Leven added that DEP (Department of Environmental Protection) needs to recognize shellfish propagation in Orleans. The golf course is in a good position to have the reductions accepted. Bennett and Leven discussed the topic further. • Will Nelson give us guidelines and how can move money around to accommodate work? • Taylor and Leven discussed the use of shellfish, working with Orleans, meeting DEP conditions, Namskaket discussions, and agreements/negotiations between Orleans and Brewster. Leven is attending meetings regarding these topics. She will keep the committee informed. • Hughes explained that the intermunicipal agreements between the towns are managed by the Board of Selectmen in the respective towns. People are involved in discussions to help move the process along. They discussed the roles of CCC, DEP and the towns. • The committee wants to ask Nelson to help guide them through the town plan and the CCC 208 plan. Leven will provide updates. • Bennett asked for this topic to be on the agenda for the next meeting. The Orleans Panel meets 9/10/14. Leven will send Bennett the agenda. *Regionalization/208 planning is not on the agenda. They reviewed the 208 schedule. Leven read the agenda to the committee from her email. • Schell questioned the deadline for the report from the Orleans Group. Leven has meetings on her calendar well into 2015. They discussed timeframes further. CWPC 9-8-14 KCM/SML 2 • O'Reilly asked if the committee should request an extension for public comments since the information was expected to be released on 9/5/14 and now is 9/10/14. The Chair noted this is an action item for Leven. Leven will cc: the CWPC. The committee discussed upcoming meetings and the availability of video or written minutes for various meetings. There was a lengthy discussion about a request for extra days to allow public comment. Comments on the entire document go into November. The Lower Cape discussion deadline is 9/24/14. Comments from Nelson might help the committee members ask the right questions. The committee would like an email or memo regarding what the CCC issues on 9/10 for review on 9/22. To be discussed again 9/22/14. 4. Pond Coalition Update, Leven The Pond Coalition has by-laws, an application to incorporate, and a preliminary budget. Their next meeting is 10/4/14. It will be the first membership meeting. They might elect a board and ask for adoption of the by- laws and the articles of incorporation. Leven will provide information about upcoming meetings, etc. There are no minutes and the group is not videotaped. John Keith does a summary at the steering committee. This group is not a town committee. There are twelve people in the group. 5. Fertilizer by-law Update, Leven Leven discussed the by-law with Nelson. The Town would get a 50% credit if the by-law passes by the end of the year. Leven thinks they will go ahead with a by-law based on the Department of Agriculture standards and CCC model by-law. The by-law is being written by Nelson. Gallagher offered a by-law from the town of Mashpee. He will email it to Leven. Miller-P discussed with Barnstable. They used the CCC by-law and made some changes to it. The committee discussed application rates, BMP's (best management practices), and nitrogen rates. Miller will send a copy to Leven. The Board of Health will implement. *Most homeowners apply less than what is allowed by the by- law. Discussion Summary: • Taylor-how closely do they mirror MDAR? (MA Department of Agriculture) She was concerned about presenting this by-law at town meeting. • The committee discussed the process towns are using to develop a fertilizer by-law. They are referencing limits from MDAR. • Who does the 50% credit to the town for nitrogen reduction come from? DEP. • Where does the by-law stand with DEP? There might be a state law that is being used by some towns. • They questioned how the 50% will work. • What will HWG use for the Brewster by-law? • Public education is very important. 6. Discuss request for funding at fall Town Meeting, Leven The committee reviewed a revised list from Leven. There is an inclusion of a review and analysis of the 208 water plan. There have been adjustments to reduce each item to free up funding. Summary of Discussion: • Leven noted there is a lot of interest in the Consodine Ditch- It is an interesting project and has never been mapped and studied • The committee discussed the $40,000 total and questioned whether it would be enough. They were especially concerned that the review and analysis of the 208 water quality plan update for Cape Cod was too low. CWPC 9-8-14 KCM/SML 3 • Leven reminded the group that Sumner is expecting a number this week. Also, there is $60,000 in the account from fall 2013 Town Meeting. • The committee discussed further and suggested there be a summary and not a line item list. They generally agreed on the $40,000 amount. • Leven will notify Sumner and discuss further with Nelson about the overall division of the funds. • The committee discussed the review and analysis of the 208 water quality plan again. • Miller P not in favor of$18k for overview of Consodine Ditch water quality issues and potential retrofit opportunities. Miller will email Leven a detailed explanation. • There was a discussion about asking the Board of Health to test the outfall at Breakwater Beach. Skidmore stated that the Board of Health does not do beach water testing. It is done by the County. • The committee considered removing the Consodine Ditch task. Most were in favor of the $40,000 total. • The Finance Committee and the Board of Selectmen will want details regarding the request. • Leven was in favor of the Consodine Ditch work ($18k) since many people are interested in this topic. • Bennett suggested accepting the $40,000 as discussed and a to issue an RFP for the Consodine Ditch work. • Hughes suggested if the committee has general agreement, then contracting does not need to be decided now. She asked them to be prepared to offer good justification. This request for $40,000 is under the Board of Selectmen for comprehensive water planning. • O'Reilly noted in the 8/11/14 minutes that the Consodine Ditch was discussed and should not be withdrawn. • Miller was concerned about the outcome of the study and if it would affect their plan. It has not been studied so it may impact the plan. Identify culverts that need to be rebuilt, etc. • There was discussion about the necessity of a study. • Schell spoke in support of the Consodine Ditch project. Includes Breakwater ditch and ditch at Breakwater Landing. He shared his estimates for how much water the channel receives during a storm. It is important to storm water for the town. • O'Reilly and Miller discussed a revised narrative from Nelson. Comments should be sent to Leven. • They decided to add it to the next agenda. 208 and Consodine Ditch follow up 7. 8/1 1/14 Minutes for approval Moore received edits by email and provided the committee with an updated highlighted copy of the minutes. O'Reilly made a Motion to approve the minutes of 8/11/14 as amended, Bennett Second, All Aye, Vote 8-0-0. 8. Topics the Chair did not reasonably anticipate 1) Upcoming Meetings 9/24/14 CCC sub region, 208 Plan, Chatham Community Center 10/4/14 Ponds Coalition 2) Hughes noted that the Board of Selectmen has received a letter from the CWPC and they sent it along to the consultants doing pavement management since they will look at drainage issues. Ryan made a Motion to adjourn, Taylor Second, All Aye, Vote 8-0-0. The meeting ended at 6:10 pm. The next meeting is 9/22/14. Respectfully submitted, ihk„A% AFIArdritif).— Dave VIM hair&Clerk CWPC 9-8-14 KCM/SML 4