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Chapter 40B Public Hearing - December 13, 2023
The upcoming public hearing for the proposed Chapter 40B Rice Pond Village project will be hosted by the Millbury Board of Appeals. It is scheduled for Wednesday, December 13, 2023, starting at 7:00 PM. The venue for this event will be at the Millbury Senior Center, situated at One River Street in Millbury, Massachusetts. Attending in person is encouraged for maximum impact. However, if you're unable to attend physically, you can join via Zoom using Meeting ID 823 5797 1242 or watch it on either Verizon FIOS channel 26 or (Charter) Spectrum channel 191, or afterwards on Millbury Video-On-Demand.
Holden Residents’ MBTA Challenge Dismissed
The lawsuit against the Town of Holden for not adhering to the 2021 MBTA Communities Act aimed at increasing housing supply was dismissed by Judge Daniel Wrenn. The plaintiffs failed to prove how the Town of Holden's noncompliance specifically harmed them. While the law requires certain zoning near transit stations, the Town of Holden, despite not having such stations, is still affected due to its proximity to Worcester, which does have transit access.
MassDOT Annual Average Daily Traffic
While the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) might not factor in traffic volume increases, they have emphasized that the Millbury Board of Appeals must prioritize public safety when evaluating any Chapter 40B project during public hearings. Those who have closely followed both the previous denied Rice Pond Village project and the current proposed Chapter 40B Rice Pond Village project have highlighted significant public safety concerns to town officials. These include, but are not limited to, issues with Rice Road—below the minimum pavement width for a minor road at 20-22 feet—as well as sightline challenges, the Providence & Worcester Railroad crossing, and the intersections at both ends of Rice Road intersecting with Providence Street (Route 122A) and South Main Street.
Chapter 40B Meeting With State Officials
On Friday, December 1, 2023, a meeting took place where Steve Stearns spoke on behalf of the residents of Millbury, and Daniel Largesse represented the people of Auburn, Senator Michael Moore, Representative Paul Frost, a delegate from Governor Healey’s office, and multiple officials from the Executive Office of Housing and Livable Communities (EOHLC). The primary aim was to tackle concerns related to Chapter 40B, shedding light on certain developers’ misuse, while addressing widespread misconceptions among local officials and residents, frequently misrepresented as factual despite their inaccuracies.
Chapter 40B Public Hearing Opened And Continued
The public hearing began to fulfill Chapter 40B requirements but was continued, likely due to a discrepancy with M.G.L. c. 40A Section 11, concerning the inadequate notification of 16 "interested parties" (direct abutters within 300 feet of the project) because of inaccuracies in the town records. On November 27, 2023, the town received notice of these errors and subsequently provided the correct information to rectify and update their records, documented within the public hearing records. The prudent decision by the Millbury Board of Appeals and the Town in this circumstance to open and continue the public hearing is commendable.
MassDOT Crash Data
We gathered 1,054,919 MassDOT Crash Data records from January 1, 2018, to November 27, 2023, covering the entire state. Our focus was specifically on incidents near the proposed Chapter 40B Rice Pond Village project. Using GPS coordinates, we plotted these accidents onto a Google Map for visualization (view below). Our analysis revealed significantly more information than what the traffic consultant provided. It's crucial for the traffic consultant to address and clarify these discrepancies and why only one minor accident is included in the updated traffic impact study, when clearly residents and the Millbury Planning Board members identified more accidents during the previous public hearings.