The Raynham Channel

Conservation Commission 10/01/2025

• Raynham

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(Episode Description is AI generated and may be errors in accuracy)

A single wetland flag shift can rewrite a project, and tonight’s meeting shows exactly how. We open with a careful boundary correction at 699 Locust Street, where a tighter line between B11 and B16 and a surprising field discovery—burrows in rock piles that mimicked a drain—reset assumptions about hydrology and resource status. That field‑first approach leads to a clean vote: close the hearing and issue a negative determination, grounded in observed conditions rather than speculation.

The conversation deepens at 329 King Street, where the real tension lives: should previously placed fill remain with replication elsewhere, or should the site be restored by removing the fill and reestablishing wetland function in place? We walk through revised plans that match current DEP expectations, talk through the non‑negotiable 401 Water Quality Certification, and acknowledge how new information can change direction from earlier guidance. The applicant seeks time to make the case for keeping the fill; we balance that request with a commitment to functional performance—hydroperiod, habitat, and flood storage that actually work on the ground.

We also streamline a continuation for 0 Wilbur Street and then pivot to policy at 904 Pine Street. A new state tolling law (House Bill 4789) extends qualifying approvals by two years, and we map that onto an existing ORAD so lenders, title attorneys, and contractors see clear dates in the registry. It’s a practical tutorial in aligning statute, local authority, and project timelines, including how multiple extensions can be used without risking lapses.

If you care about wetlands permitting, site design, or how small on‑site findings can steer big decisions, this session is a masterclass in process done right. You’ll hear how we test assumptions in the field, how we weigh restoration versus replication, and how changing state rules affect real projects. Subscribe, share this episode with a neighbor or colleague working near resource areas, and tell us: when facts shift, what should carry more weight—previous plans or present evidence?

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SPEAKER_07:

Evening everyone. Call the October 1st meeting of the Conservation Commission to order. Please be advised all our meetings are recorded. Linda, I'm going to pick on you tonight.

SPEAKER_02:

All public hearings and meetings heard by the Rainham Conservation Commission on Wednesday, October 1st, 2025 at 5 30 p.m. in the Rainham Veterans Memorial Town Hall. Donald McKinnon, Donald L. McKinnon meeting room, 558 South Main Street, Rainham Mass, are relative to filings in joint hearings and or meetings under the MGL chapter 13140 as amended. And the Town of Rainham wetland protection by law.

SPEAKER_07:

All right, thank you. First up is continued abbreviation, notice of resource area delineation for 699 Locust Street, DEP number 269-1076.

SPEAKER_00:

We finished our site walk on Monday. We reviewed the line, we made an adjustment moving a little B11 and B16. I have those revised plans.

unknown:

Oh, I think that's my goal. Thank you.

SPEAKER_00:

So just so you know, if you weren't there, we we connected B15 to B11. That was the change that you'll see in here.

unknown:

Okay.

SPEAKER_00:

Otherwise, if there's questions.

SPEAKER_07:

The first time we went out there, we did the back half and most of the front half. But somehow, someway over in the B series and K series, somebody had removed the flags on her. They were all reflagged. We went out there the other day, and like she said, the only thing we noticed was kind of making a straighter line between the B11 and B16 flags. Kind of squared it off. Kind of made sense with the par between the way. Alrighty. With that said, anything you'd like to add?

SPEAKER_00:

No, thank you. Wish to close.

SPEAKER_07:

Oh, I will I will I will mention one other thing. Um the area where it said isolated land subject to flooding, there is a depression there. The first day we went out there, um we found these holes. And we kind of got down on our hands and knees and looked. We thought it was piping. But they went out there with shovels the other day and uncovered it. It ended up being rock piles where animals had burrowed in and made it look just like it was a drainage pipe, but they proved it wasn't, so and that was to the uh towards the wetland area. So uh that was the only other thing we noted. Sorry, sorry.

SPEAKER_00:

No, it's fine, it's great. Thank you.

SPEAKER_07:

All right, anybody in the audience seeing them and hearing none?

SPEAKER_05:

Would you like us to close?

SPEAKER_00:

I would like us to close, please. Thank you.

SPEAKER_05:

Um motion to close, abbreviated research and research area deniation.

SPEAKER_02:

I will second that. All in favor?

SPEAKER_06:

All opposed? Unanimous.

SPEAKER_03:

Okay. Um did you quit that one?

SPEAKER_05:

Um motion to uh issue a negative determination, abbreviated notice resource area denomination, six ninety-nine DP six ninety nine locus with DP two six nine ten seventy six as an Oh no, I'm sorry.

SPEAKER_07:

Not today's date.

SPEAKER_02:

Um I will second that.

SPEAKER_07:

Motion would be made seconded. All in favor? Aye, opposed, yes. Thank you.

SPEAKER_00:

Thank you. I'll just hang out a little bit longer.

SPEAKER_07:

Okay. Um next up is a continued notice of intent for 329 King Street, DEP 269-1077, wetlands mini mitigation.

SPEAKER_00:

Good evening, Rebecca. Um, so this one is an interesting one. Uh, we are actually going to ask for continuation, but before I do that, I would like to update you on where we are. Um, we did revise the plans. I will submit to you're plans. Um when I spoke with the applicant who is stranded in California at the moment wants to be in front of you to ask again why he couldn't keep the wetlands filled and replicated in the location. Having said that, he's asked for attendance for the November 5th meeting. So, although I'm handing you this plan as the appropriate DEP response, it is not necessarily his wish at this time. So, his plan I do ask showing the mitigate uh the wetland restoration as opposed to the and expect answers. Look at it now and repeat questions. Um we had discussed the fill that place in the wetlands and replant in the buffer area for the 25-foot buffer area. Um we have Ken from Five Wetlands provide the plans on the second sheet to um illustrate how that would be done. Uh we are also told that you as a body could not close until we file a 401 water quality, so the extra time will allow us to take care of that as well.

SPEAKER_07:

Yeah, DEP wants to be very involved in this.

SPEAKER_00:

Yes, so either way, whichever method the applicant chooses to go, we still have to provide the 401, so we will work on getting that together.

SPEAKER_07:

Can't you tell you how many calls and emails we got?

SPEAKER_00:

Sorry. Yeah. He says he had somebody with a truck offer a place to drop it and Oh, he wants to go back to the first plan. Okay. Where we crossed the wetland temporarily and filled on the other side we replicated on the other side of the wetland so that the fill he placed could stay in place. And we wanted to take it out and put that back at the last meeting as opposed to the October 2nd meeting, because the October 2nd meeting you said, alright, keep the fill, let's find a better place to provide the wetlands. This last meeting it was discussed and it was remove the fill and put it back to a wetland state. Yes. Yeah, I don't expect but if you had quick questions on what you see.

SPEAKER_07:

No, I mean it's a it's it's essentially what you asked for.

SPEAKER_00:

Yep.

SPEAKER_07:

Now the question is what is the planning plan?

SPEAKER_00:

Um now I have to do the 401, and the applicant would like to again address the board and plead his case. Uh in October 2nd, 2024, you as a board said keep the fill and find a better place to wet uh replicate the wetlands, and at the last meeting it was to hello. You tell him one thing and then without all the pieces in place at the time and all the information we have now. Um so he wants to talk about it. He wants to talk about it.

SPEAKER_01:

I think Azu he has to be here for that, right? Because he went out and started.

SPEAKER_07:

Yeah, no, I don't think Azu's been out there yet. I think I'm the only one that's been out there. Oh, okay. Um physically been out there. Um and I'd have to check back on the notes for the November meeting, but November? Did you say November?

SPEAKER_00:

October 2nd, 2024.

SPEAKER_07:

Oh, October. Oh, happy anniversary. Right? Um Yeah, I'll have to I'll have to review the minutes for that, but I don't want to miss called stuff. And that's the process we looked at. Is that gonna work? Is that not gonna work? All right.

SPEAKER_08:

So motion to continue to motion to continue to understand. I'll take that. All favor. I'll thank you.

SPEAKER_07:

Next up is a continued notice with 10 for zero will book. Sorry about that. Um next up is continue notes for 10 for zero Wilbur Street. Um map one lot ninety-seven A, DEP number two six nine, ten seventy-three. Um they did request a continuation.

SPEAKER_05:

So motion to continuation to look the motion to continue notice of intent, zero Wilbur Street map uh one lot ninety seven D32691073. Proposed single frame dwelling to November 5th.

SPEAKER_02:

I will second that motion.

SPEAKER_07:

Motion be made second it. All in favor? Aye. Aye. Opposed unanimous. Alrighty. Next up uh is under informal. We have a extension request for order of resource area delineation, 904 Pine Street, EP number 2691031.

SPEAKER_03:

Good evening. I'm Evan Watson, W engineering.

SPEAKER_04:

Um I sent a letter to the board uh detailing my request. So in June of 2022, uh this board issued an ORAD for 904 Pine Street. That's the property where we had the gravel removal on, and we've since uh received approval for a Forum C subdivision there. And the ORAD had um it's been three years since the ORAD was issued. However, um House Bill 4789 um basically has a provision in it which extends permits for an additional two years. Um so typically you would have an ORAD before it's uh expired, you ask for a request.

SPEAKER_07:

Just I'm trying to get all the dates straight. Yeah, sure. So uh June 29th of 22, we issued. Okay. And when did the House bill take effect?

SPEAKER_04:

Um it was passed June 27, 2024.

SPEAKER_07:

June 27th. 24, okay.

SPEAKER_04:

And it extends permits, it says within the tolling period as of January 1st, 23 to January 1st, 25. So that permit was valid during the tolling period. Um and it basically says, I'll read it verbatim, approval in effect or existence during the tolling period shall be extended for a period of two years in addition to the lawful term of the approval. And the term approval is further defined as any permit certificate order, uh including enforcement orders, license certification, determination, exemption, down to building permit, or other approval determination, right? Any municipal regional state entity including an agency department commission or any other extended for a period of two years become five. I would just think that might be like that for anything, yeah. Attached to the technically two years up for extension.

SPEAKER_07:

But my my question with that is if you ask for the extension now, does it only give you three years from this date? So should you wait till the end of the the, like you said, was it 27th? Before you ask for the because basically what you're saying is the state of Massachusetts overruled everybody and said from such a date on June 27th from 23 to 25, they gave you an extra three years. An extra two years. Two years, I'm sorry, extra two years. So um if we give you the extension in 25, it's gonna give you twenty six. But if you waited, yeah. Into twenty-seven, June of twenty-seven.

SPEAKER_04:

If you waited 28 to 5, 6, 7, 8, so 28.

SPEAKER_07:

5 to 6, 6 to 7, 7 to 8, okay. I mean will the project be done by then or um maybe, maybe not. I don't mind. Maybe I'm sorry, can you just see that? Oh, you did, okay. Oh okay.

SPEAKER_04:

I apologize for the So the ACT does allow for an additional extension also.

SPEAKER_07:

Um so when that time comes up, if the project wasn't done by that, we could ask for Yeah, and the the only thing and unfortunately I don't have a zoo here to to ask is my my my unofficial attorney. Um how many and this has never happened as long as I've been here, 20 years. How many extensions can we give?

SPEAKER_04:

Unlimited. So it's unlimited because it may be extended for a period of three years, uh, or multiple extensions, each being no more than three years.

SPEAKER_06:

Okay.

SPEAKER_04:

Alright, so you're right. Right now we're not at risk of you know doing any work uh without having a permit in place. It was just the paperwork is a little, you know, sloppy because normally we have things that look them up in the registry, and title attorneys go through and do their thing. And then depending on what title attorney it is, they may say, hey, this is expired, what are we doing here? Um now any lot that needs work that is within the buffer zone, we will be coming before you and asking for you know a notice or request, whichever is appropriate. But um, at least this way, it's all you know documented with paperwork and recorded the registry and uh that type of thing. So if you want to take us some more time to talk to Azu, that's fine. But um I was just doing this to try and head off any problems and just make it look like a more regular.

SPEAKER_07:

Yeah, no, no, I I I I totally understand. I'm just you know um I guess my only concern is I don't want to I don't want to be back here in three years saying, oh shoot, we forgot to extend it. You know, so should we wait until for a reminder on calendar for 27 and say, hey, I gotta get that done?

SPEAKER_03:

Yeah, I didn't think I just knew that this was here and we were in the middle of the last we don't have to worry about it.

SPEAKER_07:

But I mean it's your call. Yep. Whatever way you'd like to go. Yep, yep.

SPEAKER_05:

That three-year calendar starts again, so if he loses time, is that how I'm gonna do that?

SPEAKER_07:

No, no, it would just it would be. I mean, you you are kind of losing time because you're because the three years would start now. Right, yeah. As opposed to if you waited till the government's amnesty program ran out and then go from there, then you'd get another you'd get almost five years out of the program. Yep, we could.

SPEAKER_04:

Yeah, it would be either way, you know. So I was just asking for an extension to the three years from the original expiration date, just to keep the date same and everything else.

SPEAKER_07:

Which it's uh 22 we issued, so 22 to 23, so 23 to 24. So it would be 26th, right? Through the 25th.

SPEAKER_04:

June 29, 2025 was five. And then uh would ask for a three-year extension to June 29th, 2028. So yeah. June twenty June twenty-nint, twenty twenty-seven. Yeah, that's right. I think it would just be working.

SPEAKER_01:

Everybody has starting twenty-nine five. Um period. Number two sixty nine, ten thirty-one. For period three years. Yes, for period of three years.

SPEAKER_06:

Motion would be seconded. All in favor. Aye, opposed, yes. All right, thank you very much. Thank you very much.

SPEAKER_07:

Yes, okay.

SPEAKER_03:

Yeah, I added uh ahead of time, but I guess uh I added.

SPEAKER_07:

All right, um next up on general business, uh did everyone get a chance to review the minutes from September seventeenth?

SPEAKER_05:

Yeah. Motion to accept. Second.

SPEAKER_07:

Okay, second, all in favor. Aye. I have nothing in correspondence. Um site visits. Um I did do a site visit at Wilbur Street today. Um when they come back in on the 5th. Uh I'll have more information for that. Um they redoing the plans? Yeah, they're read they're redoing the plans.

SPEAKER_05:

They're just redoing redoing the plans, that's all I know. Okay. But they were supposed to lay out the road. Yeah, they did.

SPEAKER_07:

They stayed out the road the other day. That's why I went there. Um, okay.

unknown:

Alright.

SPEAKER_07:

Uh I don't have anything else. Is anyone else? I'll do it inside.

unknown:

Yeah.

SPEAKER_02:

Alright, then motion to adjourn.

SPEAKER_07:

Second.

unknown:

All right, second.

SPEAKER_07:

Aye. Opposed, unanimous.