Bellingham Conservation Commission Splits on Rail Vegetation Permit, Bars Mechanical Cutting Without NOI

BELLINGHAM -- January 14, 2026, Bellingham Conservation Commission votes 4-1 to bar mechanical vegetation removal along the MBTA rail right-of-way without a full Notice of Intent. The commission issued a split determination on the Request for Determination of Applicability filed on behalf of Keolis, finding that herbicide application is exempt from the Wetlands Protection Act under a 1987 DEP concurrence letter but that mechanical brush cutting and tree removal in jurisdictional wetland areas is not, a position pressed by commission member James, who argued DEP's explicit presumption "carried out in accordance with an approved VMP and YOP" applies only to herbicide. Representative Matt Donovan of Vanasse said Keolis has received approval in 99 of 102 Massachusetts municipalities it serves and indicated the company would likely appeal to DEP. The commission also voted unanimously to issue an Order of Conditions for a Lakeshore Drive water main replacement project targeting a September construction start, and approved a three-year permit extension for a 28-unit Plymouth Road subdivision stalled by a now-settled ZBA lawsuit.