Conservation Commission 10/01/2025

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

A quiet correction to a wetland line. A heated debate over whether to remove fill or replicate wetlands elsewhere. And a deep dive into how a state tolling law quietly reshapes permit timelines. This meeting has all the pieces that show how conservation actually works when maps, statutes, and fieldwork collide.

We start with 699 Locust Street, where our team finishes a site walk, reflags a disturbed area, and straightens the delineation between B11 and B16 to match the hydrology on the ground. A curious field finding—the discovery that “pipes” were actually animal burrows in rock piles—shifts the narrative and helps us move to a clean negative determination. It’s a reminder that small corrections now can prevent big conflicts later.

Then the focus turns to 329 King Street, where an earlier wetland crossing and placed fill raise tough choices. Do we require full restoration and remove the fill, or can replication in a better location genuinely replace lost function? With DEP signaling the need for a Section 401 Water Quality Certification, we outline the next steps and agree to a continuation so the applicant can present the case directly. It’s a real-time look at environmental permitting: evolving facts, regulatory guardrails, and decisions that weigh ecological function against practical access and safety.

We also process two important administrative beats. 0 Wilbur Street seeks more time while updating plans and staking the road, and 904 Pine Street requests an ORAD extension informed by House Bill 4789’s permit tolling. We unpack how the statute extends approvals and how timing an extension can affect buildout schedules, title clarity, and compliance. By the end, minutes are approved, site visits logged, and the record stays tight.

If you’re curious how wetland protection actually gets decided—flag by flag, motion by motion, and sometimes argument by argument—you’ll find a clear window here. Subscribe, share with a neighbor who cares about local land use, and leave a review telling us: would you remove the fill or allow replication with strict conditions?

Transcript

Meeting Called to Order

SPEAKER_07 0:03

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 0:20

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.

ORAD Review: 699 Locust Street

SPEAKER_07 0:52

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

SPEAKER_00 1:11

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 1:26

Oh I think that's my thank you.

SPEAKER_00 1:31

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 1:42

Okay.

SPEAKER_00 1:48

Otherwise, if there's questions.

SPEAKER_07 2:00

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, um the only thing we noticed was uh kind of making a straighter line between the B11 and B16 flags. Um kind of squared it off, kind of made sense with the par between the water. Well good. Alrighty. With that said, anything you'd like to add?

SPEAKER_00 2:48

Uh nope, thank you. Wish to close.

Field Findings: Flags, Lines, and Burrows

SPEAKER_07 2:50

Oh, I will I will I will mention one other thing. Um the area where it's in 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.

SPEAKER_00 3:39

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

SPEAKER_07 3:42

All right, anybody in the audience seeing those hearing none?

SPEAKER_05 3:48

Would you like us to close?

SPEAKER_00 3:49

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

SPEAKER_05 3:51

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

SPEAKER_02 4:01

I will second that. All in favor?

SPEAKER_06 4:07

All opposed? Unanimous.

SPEAKER_03 4:36

Okay. Um did you quit that one?

SPEAKER_05 5:02

Um motion to 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 5:25

Not today's date.

SPEAKER_02 5:27

Um I will second that.

SPEAKER_07 5:33

Motion would be made second in all in favor? Aye, opposed, yes. Thank you.

SPEAKER_00 5:39

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

329 King Street: Fill vs. Restoration

SPEAKER_07 5:56

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

SPEAKER_00 6:10

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 I don't expect the answers. Look at it now to 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 7:39

Yeah, DEP wants to be very involved in this.

DEP 401 and Applicant’s Next Steps

SPEAKER_00 7:44

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 7:52

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

SPEAKER_00 7:55

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. Are we going 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 removed 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 8:59

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

SPEAKER_00 9:03

Yep.

SPEAKER_07 9:03

Now the question is what is the plant new plan?

SPEAKER_00 9:06

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 9:46

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

SPEAKER_07 9:51

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 10:11

October 2nd, 2024.

SPEAKER_07 10:12

Oh, October. Oh, happy anniversary. Um yeah, I'll have to I'll have to review the minutes for that, but I yeah. 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 10:57

So motion to change it to motion to one of the second three. I would say all favor. I thank you.

SPEAKER_07 11:41

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 13:04

So motion to continuation to look the motion to continue notice of intent, zero Wilbur Street map uh one ninety seven D3269-1073. Proposed single frame dwelling to November 5th.

SPEAKER_02 13:28

I will second that motion.

ORAD Extension Request: 904 Pine Street

SPEAKER_07 13:30

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 13:54

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

SPEAKER_04 13:58

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 14:51

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 15:05

Um it was passed June 27, 2024.

SPEAKER_07 15:08

June 27th. 24, okay.

SPEAKER_04 15:16

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 year. So two years up for extension.

SPEAKER_07 17:03

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 at 25, it's gonna give you twenty-six. But if you waited, yeah. Into twenty-seven, June of twenty-seven.

SPEAKER_04 17:59

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

Minutes, Site Visits, and Adjournment

SPEAKER_07 18:06

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 like it. Maybe I'm sorry, can you just see that? Oh, you did, okay. Oh okay.

SPEAKER_04 18:25

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

SPEAKER_07 18:38

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 19:02

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 19:15

Okay.

SPEAKER_04 19:17

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 that type of thing. So if you want to get 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 20:16

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 20:45

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

SPEAKER_07 20:51

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

SPEAKER_05 20:58

That three-year calendar starts again, so if he loses time, is that how I no, no, it would just it would be.

SPEAKER_07 21:06

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.

SPEAKER_04 21:26

Yep, we could 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 21:41

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

SPEAKER_04 21:53

June 29, 2025 was five. And then uh so I would ask for a three-year extension to June 29th, 2028. So June 25, June 29, 2027. We have three years. I think it would just be working.

SPEAKER_01 22:37

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

SPEAKER_06 23:31

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

SPEAKER_07 24:02

But they're gonna be in ahead of time, the Monday.

SPEAKER_03 24:07

Yeah, I added uh ahead of time, but I guess uh I had a problem.

SPEAKER_07 24:21

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

SPEAKER_05 24:29

Yeah. Motion to accept. Second.

SPEAKER_07 24:32

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're redoing the plans? Yeah, they're redoing the plans.

SPEAKER_05 25:46

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

SPEAKER_07 25:54

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

unknown 26:08

All right.

SPEAKER_07 26:09

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

unknown 26:13

Yeah.

SPEAKER_02 26:14

Alright, then motion to adjourn.

SPEAKER_07 26:19

Second.

unknown 26:20

All right, second.

SPEAKER_07 26:23

Aye. Opposed? Unanimous.