Conservation Commission 04/01/2026

A bridge replacement sounds straightforward until the paperwork becomes the point. We sit down at the Raynham Conservation Commission table and pick up a continued public hearing on the Old Colony Bridge reconstruction over the Taunton River, with the project team from Beta Group and the City of Taunton explaining where the work happens and why they believe they are exempt from filing under the Massachusetts Wetlands Protection Act.

The tension centers on one deceptively simple question: does this project need a Massachusetts DEP file number to move forward? We walk through the difference between state jurisdiction and a local wetlands bylaw under home rule, why an Order of Conditions needs a clean record, and how “exempt” can still mean “prove it.” You will hear us push for clarity, not conflict, and ask for an official DEP letter on agency letterhead that clearly states whether the exemption applies. It is a real-world look at environmental permitting, compliance, and accountability when work touches resource areas and buffer zones near a river.

We also cover a separate request for determination of applicability for a Chick-fil-A site that cannot be heard because of improper advertising and the need to redo abutter notifications, then we wrap up minutes and routine business. If you care about wetlands protection, local government process, Massachusetts DEP requirements, and how infrastructure projects actually get approved, this conversation will feel familiar and useful. Subscribe for more local environmental decision-making, share this episode with someone who deals with permits, and leave a review with your take: should a DEP letter be mandatory before work proceeds?

Transcript

SPEAKER_03 0:02

Evening everyone. I'd like to call the April 1st meeting of the Conservation Commission to order. Please be advised all these meetings are televised.

Old Colony Bridge Hearing Resumes

SPEAKER_01 0:13

Bill, meet us in. All public hearings and meetings heard by the Rainham Conservation Commission on Wednesday, April 1, 2026 at 5 30 p.m. in the Rainham Veterans Memorial Town Hall, Dunwell McKinnon Meeting Room. 558 South Main Street, Rainham Mass are relative to filings and joint hearings and are meetings under Massachusetts General Law 131, Section 40, as amended, and the Town of Rainham wetland protection bylaw.

SPEAKER_03 0:43

Alright, first up is a continued notice of intent for Oak Colony and Bridge over the Taunton River reconstruction.

SPEAKER_00 1:04

And we have uh Chris Jones, engineer and project manager with Beta Group. Um here on behalf of the Taunton in conjunction with uh the Mass Department of Transportation. Uh so I have the plans here just in case we have anything uh project-wise to discuss.

SPEAKER_03 1:22

Um sorry, would you mind just throwing up the easel imagine? Oh, I have one. Oh, you have one, I didn't see it. Yeah, you just put it up so it's like it would post it up here.

DEP File Number Dispute

SPEAKER_00 1:56

Alright, so this is the uh continuation of a hearing from a few weeks ago for some intent to reconstruct the old colony bridge for old colony out, south street east, uh. So last hearing um you know there were uh no comments or issues of seeing when we designed the project itself. There were some questions with the mechanism which we filed. Um following the meeting uh with regard to the exemption of the file and what the protection act, it's my understanding that the commissions represent the reach of an SPP. The summary of that that we got back was that SPP and your story file. I think it's an extension of the protection act regardless of having applied for a formal water quality certification. Um maybe there's a misunderstanding about uh justification for not providing the SP for S. So the file uh is not being provided by the public protection act, is not being provided under the public protection by two nights ago we're reporting the conservation commission filed under a local ordinance. Um that was approved uh with order of permissions to be issued uh as a public item. So um here to answer any questions.

SPEAKER_04 3:44

Well, um what Hotten did or does uh I don't believe uh what confines or restricts the work of this conservation commission, it's an independent commission. Uh I actually spoke with the two people at DEP.

SPEAKER_00 4:03

Who did you speak with?

SPEAKER_04 4:05

By virtue, let me finish. Okay, I'm gonna interrupt you when I'm done, and I can okay, and by virtue of leading and order of conditions, you do need a file number. That also, because you need a notice of intent and approval by the conservation commission under the EU ordinance that also triggers by virtue of that the notice of intent with the Ultimate Protection Act so that a file number can be issued and properly recorded at the register. And your bond will you are disturbing sufficient resources that are under the purview of the Consumer Commission. And not just the word replacement, you are disturbing a lot of resource area and you are in that, in the not only in the resource, but the associated buffer zone. So um I'm not sure what the uh the uh the debate is, if you will.

SPEAKER_00 5:08

Um if I could, um Yeah, I totally understand, um, but all this I I would just say I respectfully disagree, all of our work is being done ancillary to a bridge replacement per the transportation bond bill. Um and as far as the need to file under the state act, the bond bill takes care of that, and I would note too that Rainham's local bylaw um notes, I believe, section 13 maybe, um, that like all other bylaws and ordinances in the Commonwealth, it is promulgated under a home rule under the Massachusetts uh Constitution. So it is related to, but separate from the Wetlands Protection Act. The bond bill is explicit that we are exempt from filing under the Wetlands Protection Act, but since the City of Taunton is a proponent and not the Mass DOT, we are still subject to local bylaws, ordinances, and regulations. So a DEP file number is not needed for a project that's not under the purview of the Massachusetts Wetlands Protection Act. We also went before the town of Dyton two weeks ago for the Pleasant Street Bridge replacement. Same same deal.

SPEAKER_03 6:29

Well, I guess, and correct me if I'm wrong, then I zoo, the only way to settle this argument is to get a letter from DEP saying that they do not need a DEP number to move forward. So I was gonna have to provide us that letter.

SPEAKER_00 6:52

I can offer either, so it would come from Heidi Davis, the wetlands highway unit supervisor out of Mass DEP headquarters in Boston. Um I can offer either uh asking about a letter or setting up uh a meeting with you or your representative to to discuss the matter.

SPEAKER_03 7:11

Um yeah, I want to I want in the writing that they're taking responsibility for it, I guess.

SPEAKER_00 7:19

Okay. Would an email suffice or does it? No, I want an official letter. Okay.

SPEAKER_03 7:26

You know, D DEP stationary saying that what you're proposing here does not require a DEP number.

SPEAKER_00 7:36

Absolutely.

SPEAKER_03 7:36

I guess that's the easiest way to end the argument.

SPEAKER_00 7:39

Okay. And uh if we did prov you know, when we do provide that, um, you know, I guess from that point, you know, would the commission require any further deliberation on the project, or are you any of your project-specific questions answered and it's really just the administrative item?

SPEAKER_03 7:58

Um I mean we had some comments the first meeting. I'd have to go back and just review them the minutes, but okay. I don't think there was any outstanding huge issues. It was more procedural than anything, correct?

SPEAKER_00 8:14

Okay. Yeah, I I spoke with um uh the Mass DOT uh environmental reviewer on the project earlier today, and and they had mentioned that um if their letter hadn't sufficed, then we can reach out to their liaison and mass DEP to get um something from DEP side. So I'll talk to them about a letter um and update you as as soon as I get something back.

SPEAKER_03 8:37

So I think that Heidi person was the one that was uh mentioned in the email. So correct. From I guess the letter should be from her then.

SPEAKER_00 8:44

Yeah, absolutely.

SPEAKER_03 8:45

Yeah, she was involved in it.

SPEAKER_00 8:47

Yeah, she she is would be she's also the one reviewing the uh the 401 water quality, sir, so she's aware of the project.

SPEAKER_03 8:54

So um yeah, I know we had some some comments earlier on the first meeting about uh you know fueling away from the river, um, a few things like that, but I don't think there's any outstanding um arguments about anything.

SPEAKER_00 9:12

Yeah, anything like that, you know, we'd happily accept as a as a condition of the order, so that's that's no issue. Um yeah, unless there's any further questions, I can't do any more direct comments.

SPEAKER_04 9:23

Well, I'm just trying to uh uh looking to see if we can specifically have an argument.

unknown 9:30

Okay.

Hearing Continued Until DEP Letter

SPEAKER_03 9:31

Uh anybody on the board have any questions, comments? Anyone in the audience have any comments, questions? All right, then uh would you like to continue the meeting till we receive a letter?

SPEAKER_00 9:44

Yes, please. Okay. And what what's the next meeting day? Is it two weeks from today? Two weeks fifteenth? April 15th. Okay. We'll uh we'll provide you something um, you know, digitally, and um once we get confirmation of receipt, you know, we unless there's uh any other questions, you know, we probably wouldn't plan to come to the next meeting, uh, but unless you need to discuss.

SPEAKER_03 10:07

Yeah, we'll we'll cross that bridge. Okay. No pun intended, but we get there.

SPEAKER_01 10:11

Um kind of uh motion from the board motion to continue notice of intent for the old colony bridge overton river to the April 15th meeting. I would second that.

SPEAKER_03 10:22

Motion made and seconded. All in favor? Aye, oppose, unanimous.

SPEAKER_00 10:27

Thank you.

Chick-fil-A Filing Delay And Wrap-Up

SPEAKER_03 10:28

Thank you. Good night. Um next on the agenda was a request for determinative applicability for 600 South Street West Chick-fil-A. Um, they did not advertise properly, um, so they were not able to um come tonight, so they're gonna have to re-avertise and also file um abutter notifications again. So um no action is required on that. Uh I have nothing under informal. Anybody? No. All right, then uh general business. Everyone get a chance to review the minutes of March 4th?

SPEAKER_01 11:20

Motion to accept. Second.

SPEAKER_03 11:22

Motion be made second it. All in favor? Aye. Aye, opposed? Got that turned? Okay. Uh I have no bills. I have no correspondence. And at this time I have no site visits scheduled. Alrighty. Um, so I guess that's your own. This is kind of strange. Oh, there is? Oh, I'm sorry, I didn't see any.

SPEAKER_04 11:55

Oh, I took that. Oh, they're down here. I pulled out the email for so you can you can you can send him an email. Uh it was on Jacqueline Sidman. Well what he was talking about was scrolling Jacqueline J-E-C L-Y-N. Sidman. S S N S N I said I O D S M David. He has an hour, and S and Manson. So easy with a lot of this.

SPEAKER_03 12:35

I'm sorry, I didn't see these other people.

SPEAKER_02 13:59

He's not even sitting in the right seat. He's gonna kick you out of the throne. All right, let's try that again.

SPEAKER_03 14:14

Motion.

SPEAKER_02 14:15

Motion to adjourn? Second.

SPEAKER_03 14:19

Opposed, unanimous. Thank you, everyone.