Neighborhood Rebuttal To Developers Responses
Our neighborhood has shifted our position three times, starting from denial to reaching a compromise of 96 apartments (50%), and finally settling on our firm limit of 160 apartments (83%) with 1.7 full-size parking spaces per apartment and each of the other 18 minimum conditions being met. Despite our efforts to find common ground, Steven Venincasa and James Venincasa have consistently refused to engage in balanced discussions with our neighborhood and town. Our neighborhood and the community are awaiting Steven Venincasa and James Venincasa’s response to our final proposal.
To clarify, our neighborhood maintains that the proposed Chapter 40B Rice Pond Village project is unsuitable for its location due to concerns about the inadequacies of Rice Road (width, layout, and visibility), the unprotected and odd geometry of the Providence & Worcester Railroad crossing (no crossing gates, pavement width, and sharp directional change), the non-standard intersections at South Main Street (incomplete modifications) and Providence Street (non-T intersection, accident history, no turning lanes), and other public safety issues. We do not support this project. However, we have shown a willingness to compromise. In contrast, Steven Venincasa and James Venincasa have consistently declined to engage constructively with the community.
Contained below are our original minimum conditions for this proposed project, the Applicant’s (the Developer’s) responses, and our neighborhood’s rebuttal.
1. Deny the waivers for density and height by reducing the number of apartments from 192 to 96 (a 50% reduction) and uphold our zoning bylaw limit of a maximum 30 feet for building height.
Applicants Response: “At the project's proposed size, its traffic impacts will not diminish the level of service experienced at area intersections. At the project's proposed size there is adequate capacity in the sanitary sewer and water service infrastructure. By the objective measures that can be used to determine if a project is too large, it is not. The Police and Fire Departments have also reviewed the plans and not identified remaining safety issues.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set the following project condition: The total number of apartments shall not exceed 160. Building 1 shall contain a total of 40 apartments, with 8 apartments on the lower level (railroad side walkout), and 16 apartments per floor on the first and second floors. Building 2 shall contain a total of 72 apartments, with 8 apartments on the lower level (railroad side walkout), and 16 apartments per floor on the first, second, third, and fourth floors. Building 3 shall contain a total of 48 apartments, with 16 apartments per floor on the first, second, and third floors. This condition is requested should the Board decide to approve the project with conditions.”
2. Deny the waiver request for a reduced parking requirement. Instead, establish a minimum open-air parking ratio of 1.7 full-size (9 x 18 foot) parking spaces per apartment. Any garage spaces will be in addition to this condition of 1.7 open-air parking spaces per apartment.
Applicants Response: “The Applicant's provision of parking to units at a ratio of 1.55:1 exceeds the national standard and that of some other area Towns.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring parking to have a minimum ratio of 1.7 parking spaces per apartment, including full-size (9 x 18 foot) open air parking spaces and the 40 individual garages. Additionally, there shall be no compact parking spaces as proposed on the site plans. Therefore, for 160 apartments, this condition requires not less than 272 total parking spaces, should the Board decide to approve the project with conditions.”
3. The LIP Agreement includes requirements for compensating the Town of Millbury for the installation of stop signs and stop lines at four intersections. The Town of Millbury has already installed a new stop sign at the intersection of Rice Road and South Main Street. Therefore, add the condition to install a stop sign and stop line on Aldrich Avenue at the intersection of Thomas Hill Road.
Applicants Response: “We'll adhere to the LIP agreement's proposed installations.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the installation of a stop sign and stop line at the Applicant’s expense on Aldrich Avenue at the southern approach of Thomas Hill Road, should the Board decide to approve the project with conditions.”
4. Furthermore, include a condition for adding a white reflective lane-keeping center line within 100 feet of South Main Street and Providence Street on Rice Road.
Applicant’s Response: “This is not a standard dividing line installation and was not proposed or requested by Town staff.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the painting of a reflective lane-keeping line on Rice Road within 100 feet of the intersections with South Main Street and Providence Street, should the Board decide to approve the project with conditions. Contrary to the Applicant’s assertion, a similar public safety measure is used on Dudley Road near the intersection of Boston Road in Sutton to keep traffic in their lanes on a narrow, winding road and to avoid motor vehicle accidents.”
5. Add a condition to add a stop sign and stop line within the Rice Road right-of-way at the exit of the proposed development and document its location in a recorded “as-built” plan recorded at the Worcester Country Registry of Deeds.
Applicant’s Response: “These measures are already proposed on the Site Plans and can be seen on sheets S1 and G1 of the Site Plans.”
Neighborhood Rebuttal: “During the June 12, 2024, public hearing, the Applicant agreed to locate a stop sign and stop line according to the Town’s determination. Our neighborhood requests that the Board of Appeals set a project condition requiring that the stop sign and stop line be located within the Rice Road right-of-way at the exit to the project site.”
6. Add a condition that the developer and successors maintain a sight line triangular area from the front two corners of the property intersecting with Rice Road to a point that is at least 35 feet back from the right-of-way at the center line of the exit travel way. This area must be kept free and clear of snow piles, winter accumulations, or other obstructions over 30 inches in height.
Applicant’s Response: “The conditions suggested don't make sense. The typical driver's eye is 7 feet back from the front of his or her vehicle. With the front of a car within a foot or two of the gutter line, that position is still within the Rice Road right of way. The sight distance available 35 feet back from the right of way is not relevant.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the creation and recording of a sight line easement. This easement shall ensure that there are no obstructions over 30 inches in height, including planted vegetation, signs, fences, snow piles, or other accumulations, with the exception of pre-existing trees identified as significant by the Tree Warden on the submitted site plans.” It appears that the Applicant missed the intent in our original minimum conditions.
7. The LIP Agreement includes requirements for a sidewalk on the north side of Rice Road, extending from the existing South Main Street sidewalk to the entrance of the proposed development. This condition should be expanded as follows: the sidewalk shall be extended to a point perpendicular to the east side of Aldrich Avenue, with ADA-compliant ramps on both sides of the intersections with Aldrich Avenue and Thomas Hill Road, and Cape Cod berms along the entire length of the sidewalk. Additionally, the driveways for 5 Rice Road and 7 Rice Road must remain usable without increased steepness or creating any drainage or access issues. Existing stone walls are to be reconstructed outside of the limits of the Rice Road right-of-way.
Applicant’s Response: “We were specifically asked by the Tree Warden to eliminate even the sidewalk on the east side of the entrance pavement rounding. We will not add the additional sidewalk suggested. Conditions suggested for the new sidewalk west of the entrance in front of #'s 5 and 7 were already contemplated.”
Neighborhood Rebuttal: “Our neighborhood urges the Board of Appeals to establish a project condition for installing a sidewalk on the south side of Rice Road between Thomas Hill Road and Aldrich Avenue, in addition to the agreed-upon sidewalk on the north side from South Main Street to the west side of the project driveway. This south-side sidewalk must meet ADA standards and include a crosswalk spanning Rice Road. The Applicant must provide final construction drawings covering both north and south side sidewalks on Rice Road, along with grading adjustments for the driveways at 5 Rice Road and 7 Rice Road.”
8. Add a condition that the developer shall construct a school bus shelter for grade school students on the north side of Rice Road at the intersection of Rice Road and Thomas Hill Road, positioned east of the proposed project entrance. This school bus shelter shall mirror the design elements of the proposed buildings in the development and be akin in nature and design to the one at Stratford Village.
Applicant’s Response: “Again, this would fly directly in the face of the Tree Warden's pleas to avoid any damage of the extraordinary trees present east of the site's entrance.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the construction of a school bus shelter on the north side of Rice Road, west of the entrance/exit to the project site, near the proposed clubhouse. This shelter should have an architectural character similar to the other proposed buildings on the project site or to the bus shelter at Stratford Village.”
9. Add a condition that requires the developer to install and maintain in good condition a 6-foot vinyl-coated chain link fence with privacy slats, along with densely planted mature arborvitae, along the entire western boundary of 19 Rice Road, except within 10-feet of the right-of-way of Rice Road. The arborvitaes shall be maintained in good health in perpetuity.
Applicant’s Response: “The Plans propose a 6 foot opaque privacy fence along this boundary and plantings to shield the project and abutter from each other.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the installation and ongoing maintenance of a 6-foot vinyl-coated chain link fence with privacy slats. This fence, along with densely planted mature arborvitae, shall be situated along the entire western boundary of 19 Rice Road, excluding a 10-foot buffer from the Rice Road right-of-way. The arborvitaes must be kept in good health indefinitely.”
10. Add a condition that requires the developer to install and maintain in good condition a 6-foot vinyl-coated chain link fence with privacy slats and densely planted mature arborvitae along the eastern side of the proposed retaining wall, extending the entire length of the eastern boundary of 11 Rice Road, except within 10-feet of the right-of-way of Rice Road. The arborvitaes shall be maintained in good health in perpetuity.
Applicant’s Response: “As at #19, the Plans propose a 6 foot opaque privacy fence and plantings at the wall near this boundary to shield the project and abutter from each other.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the installation and ongoing maintenance of a 6-foot vinyl-coated chain link fence with privacy slats and densely planted mature arborvitae. This installation will run along the eastern side of the proposed retaining wall, spanning the entire length of the eastern boundary of 11 Rice Road, with the exception of a 10-foot buffer from the Rice Road right-of-way. The arborvitaes must be kept in good health indefinitely.”
11. Add a condition that the developer shall install densely planted mature arborvitae along the northern side of the proposed 300-foot retaining wall depicted on the plans north of Rice Pond to visually buffer the rear of the single-family homes along the north side of Rice Road and shield them from the parking lot and parking lot illumination maintained in good health in perpetuity.
Applicant’s Response: “Plantings are proposed but it should be noted that the nearest parking spaces beyond that wall are 280 feet or more from the homes of these abutters.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the installation of densely planted mature arborvitae along the northern side of the proposed 300-foot retaining wall shown on the plans north of Rice Pond. This measure aims to visually buffer the rear of the single-family homes along the north side of Rice Road, shielding them from the parking lot and its illumination. The arborvitaes must be maintained in good health indefinitely.”
12. Add a condition that the developer shall install and maintain in a 6-foot vinyl-coated chain link fence with privacy slats along the length of the Providence & Worcester Railroad property boundary, except within the width of the New England Power Company easement, in compliance with any easement requirements or restrictions prior to the issuance of the first occupancy permit. This fence shall be maintained in good condition in perpetuity.
Applicant’s Response: “This condition was already suggested by the Town Planner in his draft conditions of 28 May 2024.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals establish a project condition for the installation and ongoing maintenance of a 6-foot vinyl-coated chain link fence with privacy slats along the entire length of the Providence & Worcester Railroad property boundary. This installation should exclude the width of the New England Power Company easement and comply with any easement requirements or restrictions before the issuance of the first occupancy permit. The fence must be kept in good condition indefinitely.”
13. Add a condition that before the issuance of the first occupancy permit, the developer must establish and record a clearly defined metes and bounds conservation easement at the Worcester County Registry of Deeds, excluding out parcels. This easement shall include the area around Rice Pond and extend from the eastern side of the New England Power Company easement to the western property boundaries retained by the developer. The conservation easement will prohibit any development or construction of manmade structures, except for the proposed dog park as specified in the final approved site plans.
Applicant’s Response: “Much of the remaining land is already encumbered by the presence of wetlands and the power line easement. The applicant does not intend to create additional restrictions to the creation or revision of amenities should lessee interests change in the future.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals establish a project condition requiring the Applicant to establish and record a clearly defined metes and bounds conservation easement at the Worcester County Registry of Deeds before issuing the first occupancy permit. This easement will exclude out parcels and encompass the area surrounding Rice Pond, extending from the eastern side of the New England Power Company easement to the western property boundaries retained by the developer. The conservation easement will prohibit any construction of manmade structures, except for the proposed dog park as detailed in the final approved site plans.”
14. Add a condition that the developer shall incorporate the aforementioned restrictions into their rules and provide notices to tenants accordingly.
Applicant’s Response: “As noted above, the Applicant does not intend to create such restrictions.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals set a project condition requiring the Applicant to incorporate the aforementioned wetlands restrictions into their rules or provide notice to tenants accordingly.” Please note our neighborhood never asked for this conditions to be included in tenants leases.
15. Add a condition that the developer shall before beginning any site construction to convey the parcels of land previously offered to the adjacent property owners on the north side of Rice Road and along the cul-de-sac of Jackie Drive. These conveyances must be recorded deeds and plans by the developer in the Worcester County Registry of Deeds for those homeowners who choose to accept the offer and be staked in the field according to town requirements.
Applicant’s Response: “We will abide by the Board's decision on the timing of the transfer of these parcels.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals establish a project condition requiring the Applicant to convey the parcels of land offered to adjacent property owners on the north side of Rice Road and along the cul-de-sac of Jackie Drive before commencing any site construction. These conveyances must be documented with recorded deeds and plans by the developer at the Worcester County Registry of Deeds for homeowners who opt to accept the offer. Additionally, the boundaries of these parcels should be staked in the field according to town requirements, so there are no further alleged encroachments of neighboring properties.”
16. Add a condition that the developer must install a catch basin at the intersection of Rice Road and Thomas Hill Road in front of 1 Thomas Hill Road to resolve the water/ice pooling at the curb line.
Applicant’s Response: “There's no existing drain line to which such catch basin would discharge until 4 Thomas Hill Road. The Applicant already negotiated the extent of offsite work with the Board of Selectmen.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals establish a project condition requiring the Applicant to install a catch basin at the intersection of Rice Road and Thomas Hill Road, specifically in front of 1 Thomas Hill Road. This installation is intended to address the issue of water and ice pooling at the curb line.” There is an existing catch basin diagonally across the Rice Road and Thomas Hill Road intersection which appears on the Applicant’s site plans that could be connected to. The stormwater drainage system connects the Rice Road, Thomas Hill Road, and Aldrich Avenue catch basins to an outfall on the east side of Aldrich Avenue into the brook.
17. Add a condition that the developer must commit in good faith to provide funding for any railroad design and safety expert selected by the Town of Millbury, deemed necessary to design, oversee, and execute all recommended upgrades at the Providence & Worcester Railroad crossing on Rice Road. This includes upgrades to the pavement within 150 feet of the Providence & Worcester Railroad property, as determined by MassDOT, Town of Millbury, and/or the Providence & Worcester Railroad. These upgrades must meet or exceed all Federal Railroad Administration (FRA) standards and shall be designed to surpass the traffic volumes outlined in the developer’s Traffic Impact Study and the FRA’s Annual Average Daily Traffic Data.
Applicant’s Response: “This was not part of the LIP agreement negotiated with the Town. Furthermore, railroad safety expert, James Sottile, who spoke to the Board, stated that the safety of the railroad crossing is the responsibility of the railroad and not the Applicant.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals establish a project condition requiring the Applicant to fully fund any engineering costs related to public safety upgrades at the Providence and Worcester Railroad crossing on Rice Road, in the event that these costs are not covered by the Section 130 Program.” If the Section 130 Program include these costs, then the Applicant shall not incur these expenses. The Town Planner should thoroughly investigate this matter prior to issuance of a decision by the Board of Appeals.
18. The board should stipulate that before any board decision, the developer is obligated to furnish all required documentation for a Comprehensive Permit, encompassing, though not limited to, the final quarter-inch scale architectural floor plans and elevations for each apartment building and the clubhouse, isometric drawings of the site, and any other outstanding deliverables. Any extension of public hearings to do so must be mutually agreed upon by the developer to guarantee the fulfillment of these requirements without conditional approvals, allowing ample time for thorough board and peer reviews.
Applicant’s Response: “Final architectural plans will be prepared and submitted to the Building Department, as required, after a final action has been taken by the Board.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals establish a project condition mandating that all required Comprehensive Permit documentation, including final plans, must be provided prior to any decision by the Board of Appeals, without waiver or exception.”
19. Add a condition that the during site work and construction, all vehicles related to or associated with the project must be parked or standing solely on the five parcels of the project site. No temporary parking or standing shall be permitted on Rice Road, Thomas Hill Road, Aldrich Avenue, or Captain Peter Simpson Road under any circumstances. Enforceable temporary no parking signs shall be installed on the aforementioned roads during construction.
Applicant’s Response: “The Applicant has no objection to a condition that construction vehicles shall not park on surrounding Town roads. There is ample room to park construction vehicles on site even abiding by the Tree Warden's request that the front yard of the existing home not be used as an equipment staging area.”
Neighborhood Rebuttal: “Our neighborhood requests that the Board of Appeals impose a project condition stipulating that throughout site work and construction, all vehicles affiliated with the project must be parked or stationed exclusively on the five parcels of the project site. Temporary parking or standing on Rice Road, Thomas Hill Road, Aldrich Avenue, or Captain Peter Simpson Road shall not be permitted under any circumstances. To enforce this condition, temporary no parking signs must be installed on these roads during construction, as agreed upon by the Applicant.”
20. Add a condition that the board agrees that Town Counsel shall review and update these minimum outlined conditions to ensure they are air-tight, with no loopholes, and include significant and enforceable penalties for non-compliance.
Applicant’s Response: “We presume that Town Counsel will review the Board's decision.”
Neighborhood Rebuttal: “Although not formalized as a project condition, our neighborhood strongly urges that Town Counsel thoroughly review, update, and ensure the robustness of all terms and conditions in any decision. It is imperative that these terms leave no room for loopholes and incorporate substantial, enforceable penalties for any non-compliance. This measure is crucial to safeguard the integrity and accountability of the project's implementation.”
The next public hearing on the proposed Chapter 40B Rice Pond Village project will be held on Wednesday, July 10, 2024, at 7:00 PM.