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Developer withdraws pursuit of local open‑space bylaw for Rocky Woods; will proceed with 40B application
Summary
Attorney for Simmons Hill LLC notified the planning board that the developer will not pursue a local open‑space residential bylaw for the Rocky Woods (Simmons Hill) project and will continue with a Chapter 40B comprehensive permit application.
The board discussed a letter the planning board received from attorney Robert Miller representing Simmons Hill LLC and proposed project proponent Mohammed Tani. The letter indicated the developer will not pursue a proposed local open‑space residential bylaw for the Rocky Woods (Simmons Hill) site on Freetown Street and instead will continue with its existing Chapter 40B comprehensive permit application before the Zoning Board of Appeals.
The letter cited requirements in draft bylaw language — including a conceptual plan demonstrating the conventional subdivision density and a per‑lot successful percolation test — as roadblocks that made the bylaw approach infeasible for the applicant. The developer told the planning board it had asked to be scheduled for the ZBA meeting in May to proceed with the comprehensive permit (40B) filing.
Board members noted the 40B application likely will be processed through state oversight for larger septic systems; the board indicated the project’s septic proposals may exceed local thresholds that would require the Department of Environmental Protection to be involved. The board removed the open‑space bylaw item from its agenda following the developer’s notice.
