Developer will not submit open-space plan for Simmons Hill, will pursue 40B permit

The Town of Lakeville Open Space Committee was told Thursday that the developer for the Simmons Hill project will not submit an open space residential development (OSRD) plan and intends to file a comprehensive permit (Chapter 40B) application with the Zoning Board of Appeals in May.

Committee Chairman David Zolonis said the developer’s attorney notified the planning board that the OSRD was not feasible to pursue. The attorney cited two obstacles: the developer would not be able to keep the number of lots at or below what a conventional subdivision allows (a requirement of an OSRD), and the developer declined to perform a successful percolation test on every lot — a condition the committee said is required.

The exchange means the open-space option for Simmons Hill has stalled. Zolonis said the developer has not offered to sell the land and that the next step on the proposal is the developer’s comprehensive-permit application at the Zoning Board of Appeals in May.

Why it matters: an OSRD can trade density for public open space; withdrawing that option leaves fewer local controls over the final form of development and shifts review to the state-subsidized 40B process, which can approve higher density if the town lacks sufficient affordable housing. The committee did not record any formal vote on the matter. The committee noted the change in status and moved to other agenda items.

Committee members encouraged residents and committee members who want to follow the 40B process to watch the Zoning Board of Appeals docket and attend the May hearing.