Fall 2006 Newsletter
Fall on Branch Pond
So we are well into a new season and things on the pond have
slowed considerably since summer. Signs of fall are everywhere.
Most of the seasonal people have closed-up for the winter. The
deer are making their nightly pilgrimage to the apple orchards off
of Cove Way. As I write, the trees are past peak, primarily due to
the 60 MPH winds that blew last weekend, sending all the leaves to
the ground. The only color left comes from the tamaracks and the
bright red mountain holly. An occasional loon still calls at
night, but soon all will be rafting together for their late fall
exodus to wherever.
News of friends and neighbors is as follows. At least two large
salmon were caught in Branch this year, both in the 8 to10 pound
range. The two skilled anglers are Rick Varney (Jones Point) and
Clarence Snyder (Beth Smart's dad). Bud Lee (Cove Way) reports
landing more than 100 togue over the course of the summer, most of
which are back in the lake. Rumor has it that Wardens caught
Michelle Gagnon fishing in the Mill Pond without her license with
her. She, in turn, warned the Wardens for boating on Branch
without a boat sticker. Sounds like a standoff.
Don Roach (Phillips Way) is back from Tucson for 2 weeks of bow
hunting. Paul Wight (Branchview North) finally got his pontoon
boat on its trailer after several tries during a Branch Lake
windstorm. Carl Winslow (Branchview South) wasn't so lucky. We
hear that his boat blew over and was upside down on its mooring.
Once again, it was Brett Johnston to the rescue! Anne Britt
(Phillips Way) is still seen riding her bike to the mailboxes,
sometimes accompanied by her new dog, Bauer. John Wilson (Wilson
Way) was out with his camera this week and photographed two eagles
in a tree near his camp. Both the sunsets and the sunrises have
been beautiful over the past several weeks.
Letter from the President
Anne Hayes
People have asked me why I agreed to accept the BPA presidency
when no one else would. Pleading temporary insanity has occurred
to me, but the truth is I am inspired every day by the fragile
beauty of Branch Lake. I just watched a large flock of water birds
circling over the lake for 15 minutes as the sun slowly
illuminated the far shore and distant hills. I am also challenged
by the complexity of the lake management issues facing us, given
that we live on a drinking water supply.
To this job I bring an accumulation of experiences and
observations, including 27 years of changes on Branch, which lead
me to a short list of things I know for sure.
- I DON'T want to have to sweep algae off the rocks in front of
my camp in order to sell it as I did at the first Maine lake we
experienced.
- I DON'T want to see a huge aquatic weed harvester stationed in
the lake all summer and have boating banned, as happened on the
lovely Seattle lake which was the site of my parents' first date.
- I DON'T want to pay for an aerator to pump oxygen into the lake
because it is degraded to the point of needing life support, as
happened on the lake where I learned to water ski.
- I DON'T want my property value to drop because of decreased
water clarity or invasive plant infestations, as documented in
Maine and many other states.
- I DO want the health, beauty, recreational value and economic
value of Branch to be sustainable for generations to come . . .
and I know a lot of other people who share these goals. That's why
I volunteered to serve as BPA President in a period guaranteed to
present many challenging issues to get our collective arms around.
Those issues include:
-
Reopening of discussion with the Department of Conservation
(DOC) Boating Access department regarding a new state boat launch
on Branch - recently initiated by several current City Councilors
with first meeting held October 25, 2006.
-
Mayor Fortier opened the meeting saying the Council will not
approve a new boat launch on the State property using Branchview
drive for access. He also stated that the council disapproved of
that site because it is too close to the City's intake, and the
site's wind and water currents would increase the risk of
spreading invasive aquatic plants. He is seeking a way to achieve
several objectives, including: providing improved access for large
boats without violating the City's current Comprehensive Plan and
Water Supply Protection ordinance; providing a site which
minimizes the risk of invasive plant introduction by developing a
secure, gated site with a full time boat inspector and
wash-station; developing a launch which has a minimal risk of
spreading an invasive plant infestation by locating it where wind
and water currents are not likely to spread plant fragments to the
entire lake and the water intake; providing access to the launch
from a public road.
-
The City Planner stated that she could not support the
development unless the City retained control of any decisions
regarding closing the launch in a future situation that threatens
the Ellsworth water supply. No commitment was forthcoming from the
DOC on this point. She also hoped to have a launch that would be
adequate and convenient for lake residents so use of private
launches could be diminished. The State was also asked to place
permanent conservation easements on the majority of their land in
the Branch watershed for the protection of the water supply.
-
A proposal from the Ellsworth YMCA to develop a summer day
camp for 150-200 day-care children on the 18 acre parcel owned by
the City of Ellsworth adjacent to the current public boat launch
and park in the Mill Pond. Public use of the facility on weekends
or other seasons would be a later phase of the proposal.
-
Possible changes to the Ellsworth Water Supply Protection
Ordinance, approved by the City Council July 2005. This ordinance
affects surface use of Branch.
-
Efforts by Ellsworth to reinstate stocking of salmon in the
lake.
-
Possible effort by BPA to repeal or alter recent state law
requiring many of our road associations to assess road fees based
on municipal property valuation.
-
Attempts by Ellsworth to develop land conservation
strategies and mechanisms to protect the water quality of Branch
by preserving undeveloped forestland in the watershed. A recent
application for a two million dollar grant for this purpose was
unsuccessful, but other sources of funding are being sought.
-
Ellsworth's development of a new Land Use Ordinance and
revised Shoreland Zoning Ordinance to implement the Comprehensive
Plan which has been accepted by the State and the City Council.
Some sections of the new ordinances will affect land in the Branch
watershed.
-
Continued implementation of Ellsworth's Source water
Protection Plan. The purpose of this plan is to implement programs
to maintain water quality and quantity for the public water
supply.
Please keep in contact with the BPA for developments on these
issues.
This first newsletter of the year is being sent to a broad
audience in hopes that all of you who are concerned about the
lake, and the issues we face, will join the BPA, or renew your
membership. Your membership status is indicated on the
newsletter's mailing label. Please remember to check and update
your contact information. Members who supply email addresses will
receive alerts if pressing issues come up between newsletters.
Branch Pond
Association Membership
Mission Statement
The Branch Pond Association (BPA) is a non-profit organization
founded to protect the water quality of the Branch Lake Watershed.
The BP A is committed to the following:
-Enhancing water quality and the livability of the lake
environment
-Responding to perceived threats to the watershed's health and
well being
-Assisting roads in efforts to obtain reasonable services from the
City -Working closely (with the help of grants and special awards)
with the State of Maine, the City of Ellsworth, federal agencies,
and landowners, to correct phosphorus run-off problems that
endanger water quality.
Annual newsletters are mailed to members, and a webpage, as
well as e-mail briefings, provide timely news. It is our belief
that property investment and recreational enjoyment of the lake
are secure only as long as the integrity of the Branch Lake
watershed is maintained.
If you are a Branch Lake property owner and subscribe to these
goals, please join us now!
Click Here to go to the membership form to join the BPA or
update your membership.
Branch Lake Grant
Good news has come from Liz Petterson at the Hancock County
Soil and Water Conservation District (HCSWCD). The new '319 Grant'
(EPA funds) for watershed improvement projects in the Branch Lake
Watershed has been approved by the DEP. The grant represents a
two-year project, beginning in the spring of 2007. The federal
funds requested totaled $73,126, with a non-federal match of
$53,941, for a total project cost of $125,106.
The grant will fund improvement to roads accessing the lake,
cost-share funds for residents to make erosion-control
improvements on their properties, and funds for watershed
education programs. Prior to spring 2007, a Steering Committee
will be established (composed of Branch Lake residents, HCSWCD
members, and City officials) to determine how the funds will be
allocated. Congratulations go to Liz Petterson, who was primary
author on the grant and to Laura Wilson (UMaine Cooperative
Extension) who helped with its development. The Branch Lake grant
received the highest rating from all those submitted to DEP this
year.
The Branch Pond Association is also grateful to Liz and
Ellsworth City Planner, Michelle Gagnon, for obtaining $53,000 in
Phosphorus Compensation Funds from the DEP earlier this spring.
These funds were used for major erosion control projects on Cove
Way, Sargent Drive, Phillips Way, and Walls Farm Road. The BPA can
be proud of these valuable partnerships developed over the years.
New State Law for
Road Associations
Last year a bill was introduced by three state legislators from
southern Maine which will affect many of our road associations.
The bill, L.D. 1696 - An Act to Clarify the Assessment of Costs to
Maintain a Private Way or Bridge, was passed into law as Public
Law Chapter 479, reportedly without dissent or discussion on the
floor. It consists of a modification of the state statute under
which most of our road associations were formed. It became
effective on August 23, 2006. The law now mandates how road
associations will assess-their members for the repair or
maintenance of their roads.
In summary, it says that the cost of maintaining a road will be
apportioned to each owner based on the assessed valuation for
property tax on the owner's parcel. Whereas a number of road
associations now base annual assessment on factors which indicate
degree of use of the road such as year-round residency or summer
residency, unimproved lot or lot with building, etc., the new law
does not consider these factors. Some associations simply assess
each owner the same flat fee. This would also be illegal in the
future.
The road associations affected by this new law are those that
organized under state statutes Title 23, Section 3101-3103, we'll
call it the Private Way law, and/or those that incorporated with
reference to that statute in the articles of incorporation. Bangor
lawyer Charles Gilbert handled the legal work for most of the
associations and has indicated that since this year's assessments
were voted on prior to the law's effective date, we could make the
changeover next year. Legal billing will entail getting a list of
Ellsworth property valuations for everyone in your road
association and apportioning your total road budget accordingly.
Our Branch Pond Association Treasurer, Ralph Whedon, has
graciously obtained the city database containing the latest tax
valuations and whittled it down to a usable format. He offered to
download them to individual road association computers if that
would be helpful. It is simply an Excel spreadsheet. He also
prepared a printed list of this information, by road, along with a
few additional data fields for BPA membership purposes. These were
distributed to road representatives at the last BPA board meeting
in September.
Some of our members feel this new method of assessment is
unfair. Walt Jonsson of Phillips Way volunteered to contact the
sponsors of the bill and our own state legislators to see if it
seemed feasible to advocate for repeal. Representative Bob
Crosthwaite advised that if a majority of our road association
members felt it should be changed, we should ask COLA, the
statewide Congress of Lake Associations, to introduce legislation
to change it back.
Another suggestion was to simply disband the road association
as structured. The reason BPA road associations organized using
the guidelines and legal protections of Title 23, Section
3101-3103, however, is that is the only way to guarantee mandatory
payment of all owners on the road. That is, if you want to have
the legal power to collect from everyone, including use of civil
court and liens, if necessary, Title 23 is the way to organize.
A related question of interest is whether federal or state
grant monies can be expended on private ways that do not have a
road association. The answer appears to be, "yes", but the
fly-in-the-ointment is that the money awarded would be considered
as taxable income for residents of the private way. Road groups
can obtain non-profit status independent of the Private Way Law
(e.g., as a non-profit club), but this option entails starting
from scratch with the legal work, and payment of assessments is
optional because membership is voluntary.
We will keep BPA members informed of progress on this issue as
the new legislative session gets under way.
Historical Interview: Irene Force (Bor Way)
In September 1951, my husband Dannie, 4 1/2 year old daughter,
Jolan, and son, 2 1/2 year old Daniel Jr., and I drove up from New
Jersey to close up the Wolf camp (Wilson Way) for the winter. We
were very impressed by the natural beauty of our surroundings.
Before heading back to New Jersey, we began to look for property
on Branch Pond. We first asked the Johnsons, who ran a store (now
known as Nicolin) and tourist cabins on Route I-a, if they knew of
any camps for sale. Archie Johnson pointed to a car that was
turning onto the Branch Pond Road and said that the driver, Viola
Rounds, may be able to help you. We followed her car down to camp
Nyoda (deerhead) and asked if she knew of any property for sale.
She said she didn't know of any at that time, so we left our New
Jersey address, hoping to hear from her.
We did hear from her in late October of that same year. She
wanted to sell her small log cabin on the lake. We were just
starting a family and money was hard to find. We shared the news
of the log cabin with my parents, Frank and Rose Bor. My parents
were planning to build a house in Manasquan, on the Jersey shore;
but my mother was not very enthusiastic about living on the shore.
So the following spring, Viola Rounds sold her Branch Pond
property to my parents. This property consisted of a large camp
and 28 acres of blueberry land and woods.
During the 1950's, my parents lived in Nyoda from May through
October. As you might expect, my sister, Olga, and my brother,
Frank, and their families spent many summers on Branch Pond. In
1959 we purchased a house and land that abutted my parents'
property. We spent as many summers and long weekends as we could
manage living in our summer house. Both of my children attended
college in Maine, which resulted in more frequent trips to Branch
Pond.
In the spring of 1974, my husband opted for early retirement at
age 55 from Exxon. We sold our house in New Jersey and winterized
the summer house, becoming permanent residents of Ellsworth.
During our retirement, we both enjoyed rural Maine living. Dannie
hunted, fished, and skied. He also volunteered at the sheriff's
office and I became involved in home health care. In 1989, we were
deeded the lakeside log cabin, so we now owned two pieces of
property on Branch Pond.
In 1994, due to my husband's illness, we sold our large house
to my niece. We had our log cabin remodeled and purchased a condo
in Florida, once again becoming seasonal residents of Maine. My
husband died in 1996 and I have become a regular Snowbird. . .
.Maine in the summer, Florida in the winter.
I feel that my year would be incomplete without living on
Branch Pond. I arrive in mid-May and leave in mid-October. I enjoy
swimming, kayaking, and bird watching. Each morning I look forward
to loon sightings and each evening I look forward to sunsets.
Branch Pond has afforded me much pleasure and fond memories over
the years.
Invasive Species
Report: Summer 2006
Once again this summer, Branch Pond's Invasive Plant Patrollers
(a.k.a. "Milfoil Rangers") inspected the entire shoreline of the
lake for milfoil or other aquatic invasive plants. The Rangers are
happy to report that, although there have been some changes in
non-invasive vegetation over the past several years, NO invasive
plants were found. This is, of course, good news, given that there
are now 27 lakes in Maine that are infected with invasives. The
latest invasive plant discovery was variable-leaf milfoil found
this July in Great East Lake near Acton in York County. This lake
straddles the Maine-New Hampshire border, but the plant was found
a few hundred feet from a boat launch in Maine. Volunteers removed
the plants and it is hoped that it was caught early enough so that
this may be the first lake to successfully eradicate an invasive
plant infestation. We will know next year.
Our 46 Invasive Plant Patrollers come from all sides of both
upper and lower Branch Lake. They have been trained by the Maine
Center for Invasive Aquatic Plants in Auburn, using funds from the
state "milfoil" sticker program. Nearly all of the volunteers have
been involved in this effort for the past 5 years. In recognition
of their work, the City of Ellsworth issued a certificate of
appreciation (in the form of an inscribed and framed picture of
Branch) for the work they have done. We are one of very few lakes
in Maine that does a yearly inspection of an entire shoreline,
which is truly commendable given the size of our lake. The
certificates were presented individually to the Milfoil Rangers by
Steve Gunty, the Ellsworth City Manager, at a potluck dinner held
in August. Jeff Fitzgerald, the new Deputy City Planner also
attended the gathering. If you would like to join the ranks of the
Plant Patrol, please contact either Don Hayes or Carol Gabranski.
Kayak Lost
Lost: Green Old Town kayak, 13.8feet. Blew off the McGill s
dock, Hanson’s Landing Cove, late September. If you know of its
whereabouts, please call John McGill, 6679713.
Water Department News
In August, John Wedin (formerly of Kennebec Water District) was
hired to focus on watershed issues. He has been working closely
with the planning and code enforcement departments as well as
Maine Department of Environmental Protection on development
projects in the watershed. I'm sure you've noticed Ellsworth's new
Watershed signs as well.
While riding the roads around the lake, he keeps his eyes open
for any situation that might pose a threat to water quality. He
recently investigated four large buckets of human excrement found
beside Winkumpaugh Stream. He has also completed a video survey of
all waterfront properties, and he monitors road construction work
closely.
Using the water departments new boat, John is out enforcing the
surface use ordinance, and doing water quality testing every two
weeks. The City purchased a dissolved oxygen meter to obtain more
sensitive water quality data. Unfortunately, John found that the
deep hole in the lower basin was anoxic for 1-1/2 months (not
good). The upper basin maintained good oxygen levels throughout
the season. Water clarity readings were among the worst ever
recorded on Branch, but weather may have been a contributing
factor this year. Next year, they hope to measure phosphorus and
chlorophyll a as well. The good news is that the city will now
have better data, for making lake management decisions.
Ellsworth would like the help of all residents to maintain
water quality, so please call John if you see anything of concern.
Water Levels
As we all know, water levels in Branch Pond can vary greatly
with the season and the weather. Last summer, in particular, was
one in which high water was apparent during May and June. Although
not much can be done to control the heavy rains that plagued us in
early summer, outflow from the dam can be adjusted to maintain a
stable level appropriate for recreation, loon nesting,
installation of docks, etc. Tim Smart (Hanson's Landing Road) and
Brett Johnston (Wilson Way) serve as BPA representatives to the
Ellsworth Water District. Either can be contacted if you have
concerns about future water levels.
A water level of 6 feet 8 inches at the dam is attempted during
the summer months. In the fall, the lake is drawn down
substantially to minimize shore erosion during spring run off and
ice out. The fall/winter level is one that is sufficient to
maintain normal spawning of present fish populations.
LakeSmart Program
We recently learned that Branch Pond has now fallen to second
place in the state for the number of properties earning the DEP's
Overall Award for environmentally sensitive development. We held
the lead for three years, with 12 such winners. However, as of
this summer, Wilson Pond in Franklin County has surpassed us and
now leads the state with 15 Overall Awards earned.
Help Branch regain the lead by having your property evaluated
by the LakeSmart team. The process is free and painless; and
useful suggestions of how you might better control run-off on your
lot (thereby reducing potential phosphorus loading into the lake)
usually results. It is also the case that the BPA still has 3
remaining matching-grants that can help fund LakeSmart
improvements. Contact Don Hayes (Phillips Way) for more
information on this program.
Your Chance to
Help Protect Branch!
"High water quality is more than the dream of conservationists,
more than a political slogan; high water quality, in the right
quantity at the right place at the right time, is essential to
health, recreation, and economic growth" Edmund S. Muskie, March
1966
It is up to us, Maine's citizens, to recognize the sources of
pollution and learn to correct these problems. The University of
Maine's Cooperative Extension's WATERSHED STEWARDS PROGRAM can
help you do this. Cooperative Extension provides 20 hours of
training designed to aid local citizens in recognizing threats to
their lake, and give "Stewards" the tools needed to reduce or
eliminate those threats. There is no cost to participate and all
Stewards receive our Resource Notebook (a $60 value!). In turn,
our volunteers return at least 20 hours of service to their
watershed.
We will focus on the Branch Pond watershed when we travel back
to Ellsworth this spring, as we partner with the Branch Pond
Association and the Hancock County Soil and Water Conservation
District. Our training will take place one evening per week for
seven consecutive weeks. The program will begin in March 2007. Our
volunteer efforts will help with the Watershed Protection Grant,
administered by the Conservation District, to protect Branch in
the long-term (see article on 'Branch Lake Grant').
For more information, or to register, contact Laura Wilson at
581-2971 or 1-800-870-7270 (toll-free in Maine). We will need 20
participants in order to offer the program, so please join us. |
