Lakeville ZBA approves modification for LeBaron Hills Phase 6 under 40B; residents press water and fire‑safety concerns

The Lakeville Zoning Board of Appeals on Sept. 18 approved a modification to the comprehensive permit for Phase 6 of the Residences at LeBaron Hills (Residences at LaMerrin Hills LLC), granting specific waivers under Chapter 40B and attaching roughly two dozen conditions — including affordability requirements for 18 units — while residents raised continuing concerns about water quality, water pressure for fire suppression and access to emergency services.

Town counsel summarized the decision and the conditions, saying the modification limits relief to Phase 6, preserves previously granted conditions from earlier decisions where not superseded, and requires final engineering, third‑party review paid by the applicant, and documentation of adequate water supply and wastewater capacity prior to building permits. Attorney Robert Mather, representing the petitioner, noted one late change to the decision to add Independence Day to a list of holidays during which construction is prohibited.

Amy Musseltown, town counsel, told the board that under Chapter 40B the presumption in favor of affordable housing generally controls unless a valid local concern is demonstrated; she reviewed procedural history, waivers requested and the 23 conditions attached to the approval, including requirements for stormwater controls, landscaping, third‑party review, and affordability restrictions requiring 18 units to be affordable, distributed through the project and sold with long‑term affordability covenants.

Counsel and board members said wastewater and groundwater discharge permitting is overseen by the Massachusetts Department of Environmental Protection (DEP) under 310 CMR 5; DEP issues and enforces the groundwater discharge permit and inspects the wastewater facility. The board stressed that documentation of water supply and wastewater adequacy must be provided prior to issuance of building permits, but that local authority to regulate the water system is limited because Taunton and DEP control the area’s water infrastructure.

Residents told the board they remain concerned that a proposed gate and “master meter” arrangement with the neighboring City of Taunton could reduce water pressure and delay emergency response. Bernadette Sarkar of 17 Bunker Lane said she and other residents are “fearful that if they do this and put that gate up, we’ll never get that resolved,” and asked who to contact in an emergency if a gate reduces pressure. Kelly Newman, chair of the LeBaron water committee and an HOA board member, said safe drinking water and fire suppression are “valid local concerns” in her view and pressed the board for clarity on deadlines and remedies.

Board members and counsel responded that DEP and Taunton control many of the relevant authorities; the ZBA cannot impose state agency obligations. The board noted that previous correspondence and extensions had been filed and that the 40B statutory timeline (760 CMR 56.05) constrains the board’s ability to indefinitely delay action absent a written extension from the applicant.

After discussion the board voted to approve the waivers as presented and then voted to approve the Phase 6 modification with the conditions as outlined by town counsel; both motions carried. The board also authorized the chair to sign the decision.

Key conditions recorded in the decision include: a requirement that 18 dwelling units be affordable, that affordable units be distributed throughout the project and be indistinguishable from market units, that the applicant provide an affordable‑housing restriction, that the applicant document adequacy of water supply and wastewater capacity prior to building permits, that final plans be reviewed by the fire department for hydrants and access, that a third‑party reviewer (paid by the applicant) may be used for technical review, and that construction hours and holidays align with town and Board of Health regulations (no construction from 7 p.m. to 6 a.m.; specified holidays including Independence Day).

The board’s approvals permit the petitioner to proceed to the building‑permit stage subject to the stated conditions and any state permits required by DEP. Residents seeking recourse on water quality or pressure were advised that those issues fall under DEP or the municipality that supplies water (Taunton), and the board said it has sent letters of support to the select board urging the town to pursue remedies with Taunton.