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Committee discusses DEP concern over winter bubblers and possibility of town bylaw
Summary
Hinsdale Lake Management Committee members reviewed a DEP response that distinguishes small dock bubblers from larger fan-driven devices, and agreed to wait for the Conservation Commission’s interpretation before considering a town bylaw limiting allowable bubblers.
The Hinsdale Lake Management Committee discussed a recent Massachusetts Department of Environmental Protection (DEP) response to an appeal about winter bubblers, and whether a town bylaw could resolve local permitting questions.
The DEP response, discussed by the committee, appears to distinguish between small bubblers placed near docks and larger fan-driven devices. According to the committee’s discussion, small bubblers near protected docks likely would not require a filing under a Request for Determination of Applicability (RDA), while larger devices with fans could be subject to conditions imposed by the local Conservation Commission.
Committee members said a town bylaw that permits only small, non-fan bubblers could address the issue locally, but the committee agreed to await the Conservation Commission’s formal interpretation of the DEP response before pursuing any bylaw or other action. The committee discussed the appeal by Judith Ross and noted the DEP guidance was the basis for the current conversation.
The committee did not take a vote on any regulation or bylaw. Members indicated they would seek the Conservation Commission’s reading of DEP’s response and return with any recommendations to the Lake Management Committee at a future meeting.
