Conservation Commission Minutes
Minutes, Conservation Commission, November 21, 2019
Pursuant to Chapter 131, Section 40 MGL, the Tolland Conservation Commission held public hearings November 21, 2019 beginning at 3:30 PM at Tolland Town Hall, 241 West Granville Rd, Tolland, MA
The listing of matters were those reasonably anticipated by the Chair. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law.
Conservation Commission Members Present: Alan Binder, Valerie Bird, and David Spidal
Others: Mark Stinson (Mass DEP), Robert Mason (DCR), E Patrick Storey (Driftwood Communities), Dennis Burr (Driftwood Communities), Alison Milliman (BSC group), Donald Rose (99 Lakeview Lane)
HEARINGS at 3:30- NOI- Submitted by Driftwood Communities Association. Applicant seeks to repair existing retaining wall and remove 21” diameter maple tree in the buffer zone of Otis Reservoir. (Dave Spidal recused himself) Approved by vote of 2-0 with conditions. WE file # 306-0082
Pat Storey made presentation with background and request for work to be done. Conditions for final approval were: completion and filing of Certificate of Compliance, Filing and approval of new Chapter 91 permit showing all existing features i.e. docks, walls, raft, floats, etc.; approval of work with Chapter 91 permit by DCR. The Order of Conditions was prepared and provided to Mr. Storey. Permission to proceed with tree work leaving stump granted.
A public hearing to grant the Certificate of Compliance was scheduled for 11-26-19 at 3:30 PM.
- RDA- Submitted by BSC. Applicant seeks to remove 7 trees and installation of a utility pole in the riverfront on Clubhouse Road for a solar project. Unanimous vote for a positive determination. Alison Milliman presented the application. Trees to be cut were not marked on the application and thus the exact impact could not be determined, but the probability exist they would be in protected area. Thus the applicant was asked to return with an appropriate Notice of Intent for a hearing on December 10 at 3:30 PM.
CLOSE HEARINGS at 4:13
New Business Donald Rose was asked to explain his removal of dock and retaining wall without necessary permits. WPA Form 9 Enforcement Order was issued. Mr. Rose must complete proper Chapter 91 applications and approval, obtain DCR permission and apply to the Conservation Commission with an NOI. Extensive explanation was given that the Commonwealth owns the lake and a permit (Chapter 91) is necessary to do any work within the boundary of that property. DCR is responsible for the work within the boundaries and the Conservation Commission is responsible for the Buffer Zone under the Wetlands Protection Act. Thus work within the State property must have the State permit, approval by DCR (with the Chapter 91 Permit) and finally the Conservation Commission for any work within the 100 foot buffer zone. A list of potential consultants was given to Mr. Rose and he was requested to get the permits and NOI to the commission prior to the start of reservoir fill and ground thaw.
Alan Binder Valerie Bird David Spidal