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Conservation Commission 01/07/2026
(Episode Description is AI generated and may be errors in accuracy)
A small shift in grading can make a big difference at the edge of a wetland. We walked the Riverwalk Phase Four site, verified fresh silt controls, and confirmed that stockpiles moved back and fence lines were reset across the entire project. The team then showed how they redrew the limit of work to carve out more buffer: yards tightened, slopes shortened, and retaining walls added where needed. With safety and stewardship in mind, we set a lasting boundary plan—chain link atop taller walls, split rail or similar wildlife-friendly barriers elsewhere, and clear “No Activity Beyond This Point” signs owned and maintained by the HOA.
From there, we turned to Zero Commerce Way, a three-acre parcel with no mapped resource areas and wetlands located across a public road. We walked through why a roadway breaks hydrologic continuity, how buffers are measured, and where a future curb cut would need to sit to avoid jurisdiction. The technical takeaway: a negative determination makes sense on the merits. The procedural takeaway: good titles matter. Because an old Order of Conditions tied to a Walmart access easement touches this parcel, we pressed pause for two weeks to allow a certificate of compliance to be secured. It’s a cleaner path for the applicant and fewer headaches for future buyers, lenders, and neighbors.
We also reissued and amended the Order of Conditions for 840 Broadway after DEP accepted additional documents, keeping that project aligned with state standards. If you care about how conservation rules translate into practical, on-the-ground protections—erosion controls that actually hold, buffers that remain intact, and barriers that keep people out while letting wildlife move—this meeting shows the blueprint. Subscribe, share the show with a friend who follows local land use, and leave a quick review telling us which condition you think most strongly protects wetlands near built areas.
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Evening everyone. Welcome to the January seventh meeting of the Conservation Commission. Please be advised all these meetings are recorded. Billy Readerson.
SPEAKER_07:All public hearings and meetings heard by the Radio Conservation Commission on Wednesday, January 7th, 2026 at 5 30 p.m. in the Rain and Venice Memorial Town Hall, Donald McKenna, meeting 558 South Main Street, Main and Mass. Relative to filings and joint hearings and/or meetings under Massachusetts, General Law 131, Section 40 as amended, and the town of Rain and White Rand Protection Bible.
SPEAKER_02:All right, thank you. First up is a continuation for request for minor modification. Lockwood LLC, AKA, Rainham Riverwalk LLC, DP 2690965.
SPEAKER_01:I think where we last uh where we left off at the last meeting was um we wanted to ensure, or the commission wanted to ensure that the perimeter erosion controls were basically up to standards, um not just around the phase four, which is the topic of discussion here, but around the uh entirety of the site. So we um uh we went out there, we uh restaked some of the silt fence, we added um straw wattle kind of as necessary where it was missing or deteriorated, uh scratched some of the stockpiles away from the perimeter, um, erosion control, uh, conducted a site walk uh this morning with Mr. McRae. I think it went pretty well. Um and um so previously we had also staked out the building corners of a couple of the primary buildings of concern so that those could be witnessed um relative to the wetlands. And uh also between I think meeting two and meeting three, uh we shrunk the uh limit of work from this red line, which was what originally was submitted to this uh commission as part of our baseball divisions, to this blue line by a series of shrinking yards, uh adding some retaining walls, and tightening the grading. Um so we're uh seeking a uh you're requesting that the commission approve these changes as a minor modification.
SPEAKER_02:Okay, um I went out there this morning with the gentleman and they had re staked, I mean not yet re-staked the hay bill line and um everything was up just enough the way it should be. Uh so what we're at tonight is to discuss um you know what we think and what we need to do uh to protect the wetlands on phase four area. I do have one question. I was going over the drawings again today. Up where the park area is, the basketball court and the park area. What was the reasoning for moving the um the limit of work line in?
SPEAKER_01:Um the the uh we were trying to basically uh do as do as good as possible in terms of increasing the buffer to the wetlands. Really, that that was it. So that's you know, when after the first meeting, when I heard concerns about our proximity to the wetlands line, I went and kind of re-evaluated uh whether the grades really needed to be that far out. And frankly, the site is quite flat. So um it's you can actually you know tighten these things up uh rather easily. So for example, there was these areas where we had a foot of slope over 25 feet, right? So now that foot of slope is over 10 feet, and it's still not a particularly steep slope. So that we did things like that. Okay, all right.
SPEAKER_02:Um, my only other comment I'm gonna have, and I actually marked it out on one of the little maps here if you want to take a look at it. Sure. Um where you see the uh black dots, I am going to ask that you put some type of split rail fence along the um the new limited work, the revised one of November 11th, and uh split rail fence with a uh signage behind it that will read um no activity beyond this point, and that's gonna be in perpetuality.
SPEAKER_01:I stumbled over that one.
SPEAKER_02:Um and the reasoning behind that is you know, eventually you're gonna be done with this project and it's gonna be turned over to the homeowners association. So if we don't word it like that, um there's nothing for them to, you know, building 51 has bikes that they want to put in a little shed. Well, we'll just put a little plastic shed, you know, where we can where we shouldn't be.
SPEAKER_01:They can't do that in the condo docs, by the way. But yeah, I understand your point.
SPEAKER_02:We don't have any we don't have any bite over the condo documentation. We do have bite if we put it and word it this way.
SPEAKER_01:Um so in looking at this, uh would it be possible to instead of a split rail fence, have this be uh just uh white post with signs? Um one of the one of the issues is some of these retaining walls, some of which we added you know kind of specifically during this process, actually require uh fencing at the top of them from a safety standpoint.
SPEAKER_02:Okay, so they're over four feet.
SPEAKER_01:Yeah, they're over four feet, and uh we would typically do a four-foot tall uh black vinyl chain link fence there. That's fine.
SPEAKER_02:In the areas where there's no, you know, where it's flat, like on the the uh west side of the roadway, um, over where your construction trailer is all the way up to the end, it's it's flat. Um that's fine. Okay. You know, where there's retaining walls, it's gonna have some type of barrier.
SPEAKER_01:Yeah, we're gonna so we could put the signs on the fence. Yeah, on the fence.
SPEAKER_02:The bottom line is the flat areas behind, you know, building 54 to 50, and I don't know where the retaining wall is, but in the area of the detention pond, um some type of split rail fence that will say, you know, no activity beyond this point.
SPEAKER_01:And you do you definitely need a fence over all that.
SPEAKER_02:Yes, some physical barrier. Okay. Okay. Got it. You know, if you want to do a guide rail or split rail fence, I don't some type of physical type barrier. Yeah, that's uh, you know, it doesn't necessarily use a lot of in the reason I said split rail fence is we use a lot of split rail fences for other projects. Yeah. And the purpose behind that is opposed to a chain link, wildlife can move freely amongst it.
SPEAKER_01:Okay. Could we just phrase it as like physical barrier um uh not inhibiting wildlife movement, you know, so I have a little bit of flexibility as to whether I end up doing the um, you know, the the wood split rail or the white vinyl split rail, and that's so we have some aesthetic flexibility. Okay. That's fine. But uh I understand what you're looking for. You're looking at for you know, people don't put their stuff there, people don't walk there, um, you know, it's kind of they'll be able to get over it if they really want to, but it'll it'll keep people out there. It'll it'll read it. Right. You know, understood.
SPEAKER_02:And then it's up to the homeowner association to force it.
SPEAKER_01:Yep, yep.
SPEAKER_02:You know, yep.
SPEAKER_01:No, it'll be that fence will be owned and maintained by the homeowners association.
SPEAKER_02:That's all I have. Anyone else have anything?
SPEAKER_01:Alright, with that said, what would you like to do? Uh well, we would like to request a uh a motion for close the hearing? Yeah, I'd like to close the hearing.
SPEAKER_07:Motion to uh close the hearing to request a minor modification like by L L C a K Ribble, L L C P 2691965.
SPEAKER_04:I will second that.
SPEAKER_02:Motion being made and seconded. All in favor? Aye, opposed, unanimous. Um and do you want to take a vote now on? So I I guess I will make the motion um that we approve the minor modification with the uh stipulations that we just read out loud uh regarding the fencing. Um second second motion made second, all in favor? Aye, opposed, unanimous. Thank you very much. Thank you, have a nice evening. All right, um next on the list is request for determination, zero commerce way, map fifteen, lot one seven six-two one.
SPEAKER_03:Good evening for the record. Eric DeBrule with Bowler Engineering.
SPEAKER_02:Uh Um sorry, um this is an IDA, so we need cards and oh they're okay, I'm sorry. Yeah. All right. Do we we don't have the cards themselves?
SPEAKER_03:Physical and I believe the applicant. So Maureen from Norris Environmentals has the uh the physical card. She said she could get them uh to your office, but she provided the the copies of them.
SPEAKER_02:All right.
SPEAKER_04:Okay. Alrighty. All right, we just gotta read it in first. Uh Ziero Commons Way, Rainham, legal notice of public hearing, conservation. In coordinates of Massachusetts General Law, Chapter 131, Section 40 in the town of Randian local bylaw. The Ranium Conservation Conservation Commission will hold a public hearing on Wednesday, January 7, 2026, at 5 30 p.m. in the Donald L. McKinnon meeting room in the Rhanium Veterans Memorial Town Hall, located at 558 South Main Street, Rainham Mass. On a request for determination of application filed by Park Silva Development LLC. The application applicant proposes to verify there are no resource areas or associated buffer zones located on the property at the location of Zero Conference Way. Assessors map 15 lot 17621. The property is owned by Dylan Joseph Realty LLC. Copies of the applicant and plans may review at the RCC office during normal business hours at the town hall. You may also contact the RCC by calling by the way 824-2706. All interested persons are encouraged to attend the public hearing.
SPEAKER_03:Alright, sir. Thank you. Again, Eric DeBrule with Bowler Engineering. As mentioned, this is an RDA. The site address is Zero Commerce Way. It's about a three-acre parcels previously disturbed, currently partially cleared but mostly wooded lot. There are no resource areas on site. Norse environmental lock at site in September of 25. Confirmed that there are no resource areas on site, no rivers, floodplain, critical habitat, any jurisdictional resource areas. I think it's about 103 or so feet, the nearest buffer, and most of it's 170 feet away from the property, across the street on Commerce Way. Again, I think it's Norris Environmental's opinion, in our opinion. Again, there's no resource areas on the property. There's no buffer area that goes onto the property itself. That's our our opinion. We would want to be transparent and file the RDA to let you know what was going on. But again, we we believe there's uh there's no no jurisdiction. Um I'll turn it back to the commission and the chair. Thank you.
unknown:Okay.
SPEAKER_02:Um from our zoo, uh the RDA was necessary even though there's no resources on the property. There is an RD, I mean there is um wetlands across the street, and it does fall within the um the um hundred-foot buffer, so it makes it jurisdictional. So DEP in this case would like just a clarification it the road breaks up the existing wetlands. So it kind of negates the uh the 100-foot buffer.
SPEAKER_03:I would just, if I could clarify that the the buffer is the site is a more than 100 feet from that wetland. It's it's close.
SPEAKER_02:I mean I have a hundred, I'm just going by your drawing here, a hundred foot, which brings it to the curb cut. So the curb cut is actually inside the 100. Here's your curb cut.
SPEAKER_03:Yeah, so that's an existing curb cut, so there wouldn't be any proposed work here. So the property line.
SPEAKER_02:Yeah, but there's there is a curve there. So in order to access the property, you have to do a curb cut. There's no entryway into that that parcel. We would propose a by your drawing there, there's no there's no curb cut there. So in order to access your property, you have to do a curb cut. So a curb cut would would institute a a disturbance. But because the disturbance in the wetlands is across the street, it negates the fact that you're going to be disturbing at the 100-foot mark.
SPEAKER_03:Okay, I any curb cut that we do propose, there's no proposed curb cuts on that plan, it's an existing conditions plan. Um would be further up north on uh Commerce Way, not down here by the bucker.
SPEAKER_02:Okay, well, I mean I don't have that on the drawing, I'm just looking at the drawing, and in order to accept access your property, if you came down here, you would have to do a some type of curb cut, which would be a disturbance. So that's why the RDA was filed. So you know, I if you do the curb cut up there, fine, you'd be even farther away. That's that's good. But I'm explaining to the board that's why we did it this way. Understood. Okay, thank you. I appreciate that. But at the end of the day, it is going to be a negative determinant determination because of location, the roadway blocking off the existing wetlands. Understood. We on the same page, yes, sir.
SPEAKER_03:Yeah, absolutely.
SPEAKER_02:Yep. All right. So, with that said, any questions?
SPEAKER_07:What's to the rear of the property? That Walmart pathway? Yeah, that's correct. Okay.
SPEAKER_02:Okay. That's gonna bring up problem number two. Because right now, this piece of property is technically tied to the Walmart property. So Walmart only has a minor an incomplete incomplete certificate of compliance for the property. So in order in their coming before us, hopefully next meeting in two weeks. So, in order to clean things up correctly and get all the T's crossed, the I's dotted, I would respectfully ask that we push this off for two weeks to close the hearing till they can close out their certificate of compliance, which will give you in turn a free tit uh a clear free title. That makes sense?
SPEAKER_03:That does, yeah.
SPEAKER_02:I wasn't aware of that, but I think that's that's the way it was explained to us. So uh I'm sorry.
SPEAKER_00:I'm Greg Heflin.
SPEAKER_02:Okay, just get developer.
SPEAKER_00:Yep, just you name him uh Greg Hefflin, um 8171 uh Fulton, Maryland. Um I'm the developer. We're the contract purchaser of the site.
SPEAKER_05:Yep.
SPEAKER_00:Um we've had an out of survey done by these gentlemen. Um it's a standalone parcel. There may be some kind of tie because uh this is an easement. Uh this is not a private road, this is an easement to Walmart in the back of their property. Yeah. Um so if the town's tied them together, that's understood, but um we're buying a standalone separate parcel that does not need subdivision from any of the Walmart parcels or any of the adjacent parcels.
SPEAKER_02:So it would explain to us that that road there that they go for the trucking is somehow in the same um order of conditions for Walmart.
SPEAKER_00:Okay.
SPEAKER_02:So they're the ones that came to us that says we need to clean up the order conditions for that so that this is okay.
SPEAKER_00:I understand. I understand the tie now because that um that easement is over part of our parcel. And part of the adjacent parcel of Commerce Way. So if there's a some approval from the town that I didn't know about in the order of conditions for Walmart, that would that would make sense. I would I would not disagree with that. I just wanted to stipulate that this is a separate standalone parcel that does not need subdivision.
SPEAKER_02:Yeah, we uh we understand that part. It's just that till all the paperwork can get completed for everybody, it's in everybody's best interest that we wait two weeks. Hopefully, that they've submitted the paperwork to us, that it all gets completed in time, that everything will be clean, and there'll be no issues on this piece is ours, that piece is ours, and such and such. So I like I said, I ask that you we just give us two weeks till that gets cleaned up, and I mean this is gonna be a no-brainer, it's gonna be a a negative determination. It's just waiting the two weeks to get the other one cleaned up.
SPEAKER_00:Uh we're we're workable. I don't think there's a downside to painting.
SPEAKER_02:I mean, you work on stock construction tomorrow.
SPEAKER_00:No, sir. Um, but what I am trying to do is get through my due diligence period with the um seller. Yeah. And so I'm trying to clean up as many loose ends as I can before I spend a lot of money with these gentlemen and draw plans and submit them to the I I understand that part.
SPEAKER_02:It just it's trying to line up everything so everything's free and clear and there's no issues here and I'm aligned with banks or Walmart's first meeting certificate, or has it been multiple like No, it'll be the first it'll be the first meeting. Um, but I'm hoping that we can just clean it up and it's been there forever.
unknown:Can I just clarify that?
SPEAKER_02:Yeah, good.
SPEAKER_06:So really this is a standard the partial screen that's about years ago and the clear conditions and put things, it was all one big argument. We have we have we are one on the order of conditions. So we got partial. So that your piece did get something right about later down the line without the whole compliance happening with something that felt true. Um, so it's actually not Walmart coming forward, it's actually the seller, I mean the deliverer of the property is coming forward to get full compliance now so that there is a clean title during your transaction.
SPEAKER_00:So it's that that makes perfect sense, and actually it's my fault that they're doing that because we push back on title during our due diligence, and that was one of the issues that we wanted cleaned up because it's uh it's not been given its certificate of compliance, and we wanted that to have as part of our own.
SPEAKER_06:So they are they are coming forward.
SPEAKER_00:I didn't know. Do you do a better job explaining it to me? No, and you're right. We did go through title and and they were all one parcel and then they got subdivided off, and that's when the easement was negotiated, so that doesn't make sense.
SPEAKER_02:So we would all the same page? Okay. Uh so with that, I ask that you ask for continuance.
SPEAKER_03:We'd ask for continuance to your next available meeting. Okay. Um 21st.
SPEAKER_07:Motion to continue request for determination. Map 15 lot 76-21 to uh January 21st.
SPEAKER_02:I will second that motion. Second it, all in favor? Aye. Aye, opposed unanimous. And if for some reason they don't get all their paperwork in on time, uh, we'll contact you and let you know. Uh, so you kept them looped.
SPEAKER_03:Right, they mean if they continue that next if they don't.
SPEAKER_02:Yeah, if they don't get everything in so that we can meet with them on that meeting. Okay. Right now we're hoping to get them in on the 21st also. So if for some reason it doesn't, they don't get all their paperwork in, we will let you know so you're not coming here to waste time. Much appreciated. Okay. Thank you. All righty, sir. Thank you. Good luck.
unknown:Oh.
SPEAKER_02:All right. Next up on the agenda is a uh vote to uh reissue an order of conditions for 840 Broadway, BEP 269-1075. Um if you remember, it was that space metal building. Oh no, sorry, not space metal building, it's behind the restaurant, right? 840.
unknown:Um the veterinary.
SPEAKER_02:The veterinary. So they had to submit extra paperwork, DEP. Things got kind of jostled around. So now they've submitted the paperwork to DEP. DEP is okay with it. So I need to somebody to um do a motion to amend the order of um order of conditions in light of the additional information submitted.
SPEAKER_04:Can you repeat that again?
SPEAKER_02:I need someone to make a motion to amend the order of conditions in light of the additional information submitted to conservation in DEP.
SPEAKER_04:Um, I want to say it and I know I'm gonna like mess it up. Yeah. Yeah. How'll say problem solved? I'll make a motion to amend the OC in the light of the additional information submitted.
SPEAKER_07:Second.
SPEAKER_02:All in favor? Aye, opposed, unanimous. All right, well, that's being signed. Um I have nothing under informal. Did everyone get a chance to read the minutes from December third?
SPEAKER_04:Yes.
SPEAKER_02:Motion to accept seconded. Motion being seconded. All in favor? Aye. Opposed? Unanimous. No bills. No correspondence. Um at this time I have no site visits. Oh, I have one tree, so yeah, Dave, you're jumping ahead of yourself.
SPEAKER_04:You said you had a site visit. Oh, yeah, I forgot. You're not all that's hard.
SPEAKER_02:Uh other than that, anybody else have anything? No. One motion and motion to adjourn.
SPEAKER_03:Second.
SPEAKER_02:Motion made second. Is all in favor? Aye. Opposed? Unanimous. Thank you.