Taunton planning board seeks city solicitor opinion on repetitive petition for 120 A Berkeley St.

The Taunton Planning Board voted to ask the city solicitor for a written opinion on whether a proposed six‑bin enclosed conveyor and hopper system at 120 A Berkeley Street is "substantially different" from an earlier plan that the Zoning Board of Appeals denied, and to include the applicant's full submission for review.

The item drew a lengthy public hearing on Sept. 4. Attorney Ed Brennan, representing the petitioner, told the board the new design would replace an above‑ground fuel tank proposal and “eliminate… all that maneuvering, all that traffic, all that dust, all that noise on‑site now,” arguing the conveyor-and-hopper approach is materially different from the prior application. A neighbor who reviewed case law urged the board to evaluate impact on the neighborhood rather than focus only on equipment type.

Board member Brian moved that staff send the filing and supporting documents to the city solicitor with a request for legal guidance on the applicable ordinance and whether the present petition differs substantially from the previously denied plan. The motion was seconded and passed; the chair recorded the tally as five ayes and one abstention.

In discussion, several members said they wanted the solicitor to address the statutory vote threshold and whether the Planning Board or the Zoning Board must make the "substantially different" finding before the ZBA hears the case. The applicant asked the board not to allow repetition of points already presented at the July hearing and requested that the solicitor receive the full presentation package so the opinion would be informed by the complete record.

The board's action is procedural: it does not approve or deny the underlying project. The solicitor's written opinion is expected to be circulated before the board's next meeting; a separate hearing or a referral to the Zoning Board of Appeals could follow depending on that guidance.