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Liability For Pre-Identified Risks
While not experts in personal injury law or risk assessment, our preliminary research highlights potential consequences if town officials overlook necessary precautions against accidents, injuries, or more severe incidents. This is especially crucial given documented public safety concerns tied to any decision made regarding the proposed Chapter 40B Rice Pond Village project. Conditioning any approval on measures to address and mitigate identified public safety issues is essential. The majority of personal injury cases tend to settle as it's often more cost-effective than going through litigation. While insurance might cover these losses, ultimately, it's the taxpayers who shoulder the burden through potential increases in insurance premiums.
Chapter 40B Public Hearing Protocol
This blog post serves as a valuable tool for everyone involved in the public hearings for the proposed Chapter 40B Rice Pond Village project. It's designed to support the Millbury Board of Appeals, as well as stakeholders including neighboring residents, abutters, applicants, and presenters. Rather than critique, its aim is to offer guidance. Through the cultivation of a well-structured agenda and clear communication, its goal is to improve the outcomes of meetings or public hearings, ensuring that everyone feels their time is respected, valued, and notably, fostering an atmosphere of inclusivity and collaboration.
Recap Of Chapter 40B Public Hearing #2
Upon opening the second public hearing regarding the proposed Chapter 40B Rice Pond Village project, a point of order was raised following Robert’s Rules of Order. However, Kenneth Perro, the chairperson of the Millbury Board of Appeals, chose not to address it. Instead, he notified the roughly 50 attending residents that they would not have the opportunity to speak until at least January 10, 2024. This announcement did not resonate positively with those who had intended to actively participated in the public process by attending the meeting in person and remotely.
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.