Stipulations set for hospital construction work

Nov 7, 2022

LAKEVILLE — The Lakeville Select Board approved the town’s development agreement with Rhino Capital regarding the Lakeville Hospital site.

The development agreement, which is a contract that holds the town and the developer accountable throughout the site plan review and building processes, outlines rules both parties must follow.

The agreement bans refrigerator trucks, on-site vehicle idling for over five minutes, and truck loading docks from being placed on the Rush Pond Road side of the proposed warehouses.

If either party defaults on any provision of the agreement, the other party may terminate the agreement if the default is not remedied within 30 days. Both parties may receive extended periods of time to remedy defaults if “such default shall be reasonably expected to take more than thirty days to cure.”

The agreement between Rhino and the town of Lakeville contains rules regarding noise, lighting, traffic, demolition, and construction stemming from the project.

Section B, which pertains to construction, requires Rhino to follow state and federal law while handling and removing hazardous materials. It also states that all asbestos should be removed or abated in accordance with state law.

A licensed professional will oversee the landfill removal process, according to section A of the agreement.

The agreement states that all construction must take place between the hours of 7 a.m. and 5 p.m. Monday through Friday, and between 8 a.m. and 4 p.m. on Saturdays. Vehicles may enter the property 30 minutes before construction start times, and personnel may stay on the property for an hour after construction end times for clean-up work only.

Construction is prohibited on Sundays and on the holidays of Christmas, New Year’s Day, Memorial Day, July 4th, Labor Day, and Thanksgiving Day.

Section C, which pertains to noise, prevents “intermittent or occasional noise” from the project from exceeding 10 decibels over ambient levels. It also requires use of an Acoustifence to shield noise from abutting properties.

The noise provisions say that Rhino will “endeavor” to use low-noise back-up beepers on tenant-owned trucks. Refrigerator trucks are prohibited from use on the property.

Emergency generators “should” have a manufacturer-approved muffler and be tested only during the daytime, according to section C. The section also requires tenants to complete a sound management plan and submit it to the town.

Development agreement section D states that Rhino must provide a lighting schedule to the town of Lakeville once a tenant is selected, and that Rhino will “endeavor to reduce lighting, either by turning off lights or includ[ing] dimmers on specific lights as appropriate.”

The traffic section of the agreement, section E, states that site truck traffic will be “directed to and from the I-495 interchange at Route 105,” and that site truck traffic shall not use secondary roads, whether town-owned or private. MassDOT will direct a traffic monitoring plan, which would begin six months after occupancy of the warehouse, according to section E.

Section F, which relates to site operations, states that trucks will not idle on-site for more than five minutes, but it does not list anything about off-site idling. The section also states that “delivery vans consistent with a fulfillment center are not allowed,” and it prohibits the use of drones for shipping and receiving.

Loading docks on the Rush Pond Road side of the warehouses are also prohibited under section F.

If Rhino owes any outstanding payments to Lakeville, the amount owed will bear 12% interest annually until it is fully paid off.