MWDN: Developer seeks to amend 40B approval in Southborough

by susan on August 21, 2012

A 16-unit 40B townhouse development on Oak Hill Road called Woodland Meadows is having a hard time getting off the ground. The project was approved in October 2010, but the developer wasn’t happy with many of the conditions attached the approval, so he appeal to the state to have some removed. The appeal was settled last summer, but the Metrowest Daily News reports the project is still facing challenges.

The latest wrangling has to do with an open space restriction placed on a parcel of land associated with the Oak Hill Road development. As a condition of its approval, the Zoning Board of Appeals said developer Robert Heavey had to work with neighbor Roger Challen on a modified open space restriction. Problem is, the two are apparently unable to come to an agreement.

Heavey has filed suit against Challen in Worcester Superior Court and has petitioned the ZBA to remove their stipulation that he work with Challen. Reports the Metrowest Daily News:

Heavey said he filed the lawsuit because his lawyers do not believe the open space restriction is legal. He said he also petitioned the ZBA because he wanted to give the town the courtesy of working “with them rather than around them.”

His filing to the ZBA, called a notice of insubstantial change, asks the ZBA to shelve its requirement that he gain the approval of Challen and instead allow him to press forward with a restriction worded by his attorney.

I have to admit to being a little fuzzy on the nuances of this one, so you should definitely check out this article in the MWDN to learn more. The ZBA has set a hearing date of September 19.

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