Chapter 40B LIP Timeline
Chapter 40B Local Initiative Program (LIP) and Chapter 40B projects must adhere to a statutory timeline, as outlined below. Residents should familiarize themselves with this information and be prepared prior to the scheduling of the public hearing before the Millbury Board of Appeals or any other Massachusetts communities monitoring our progression through this permitting process, like Auburn, West Boylston, Sutton, Douglas, etc. for Chapter 40B projects in their community.
In the case of the proposed Rice Pond Village Chapter 40B LIP project for 17 Rice Road in Millbury, Massachusetts, Steven F. Venincasa and James Venincasa under the entity name of Rice Pond Village, LLC, cannot submit an application to the Massachusetts Department of Housing and Community Development (DHCD) before February 14, 2023. Therefore, all public hearing comments should be prepared and ready to present and submit to the Millbury Board of Appeals prior to February 14, 2023.
| Days | Deadline | Action Required |
|---|---|---|
| 7 | No later than 7 days from the date on which the comprehensive permit application is received by the ZBA. | Distribute the application to other boards and municipal departments and request their comments. |
| 14 | 14 days before the public hearing date. | Publish notice of the public hearing (publish twice; the second during the week following the first notice). |
| 30 | No later than 30 days from the date on which the comprehensive permit application is received by the ZBA. | Open the public hearing. |
| 15 | No later than 15 days from the opening of the public hearing. | If applicable, give written notice to the developer and DHCD that the ZBA believes it can deny the permit on one or more Safe Harbor grounds (see Safe Harbors), along with the factual basis and documentation for its position. |
| 15 | No later than 15 days from the date of the ZBA's written notice. | If applicable, the applicant must challenge the BA's "safe harbor" by providing written notice to DHCD and the ZBA, along with any supporting documentation. |
| 30 | No later than 30 days from receipt of the applicant's appeal. | DHCD must make a determination after reviewing the materials provided by the applicant and the ZBA. |
| 20 | No later than 20 days from the date of DHCD's decision on a "safe harbor" appeal. | The applicant or ZBA may appeal DHCD's decision by filing an interlocutory appeal with the HAC and the BA's public hearing must be stayed until the conclusion of the appeal. |
| 180 | Within 180 days from the opening of the public hearing. | The ZBA must close the public hearing unless the applicant has agreed in writing to an extension. |
| 40 | No later than 40 days from the close of the public hearing. | The ZBA must render a decision based on a majority vote of the board and file its written decision with the city or town clerk. |
| 20 | No later than 20 days from the date the decision is filed with the city or town clerk. | If the ZBA denies a comprehensive permit or approves it with conditions unacceptable to the applicant, the applicant must file an appeal with the HAC; other aggrieved persons must appeal to either the Land Court or Superior Court. |
According to Judy Barrett’s Understanding the Local Initiative Program (LIP) Chapter 40B Comprehensive Permit presentation, public comments should focus on “local concerns” defined as:
Health
Safety
Environmental
Design
Open Space
Planning
Other Local Concerns (related to physical development of the site)
Our neighborhood and the wider community’s stance has been and remains that we are not against affordable housing, we simply want safe, appropriate, and responsible development throughout our neighborhood, town, and state. What has been proposed to date by Steven F. Venincasa and James Venincasa for the combined properties at 17 Rice Road in Millbury, Massachusetts simply does not meet most people’s criteria of safe, appropriate, or responsible development as the developer’s proposal exacerbates public safety problems and its density far exceeds anything in the entire town of Millbury. In most people’s opinions, the latest iteration of the proposed 192-apartment project is an ill-conceived proposed project to punish our neighborhood and the town of Millbury for not conceding to Steven F. Venincasa’s demands to allow him to do as he pleases regardless of the increased public safety implications and the resulting detrimental impact upon the character of the neighborhood.
Chapter 40B was never intended to be used as a weapon against neighborhoods and communities, to exact revenge, or to bypass local zoning regulations. Unfortunately, that is how some developers have chosen to exploit Chapter 40B as a cover to reap profits from projects that primarily cater to higher-income demographics.
Let’s keep in mind that 75% of the units are market-rate, whereas only 25% are affordable apartments as proposed for the Chapter 40B LIP Rice Pond Village project.
Affordable housing is defined as “Affordable to households with income at or below 80% of the Area Median Income (AMI).“ FY2022 HUD Income Limits for Worcester County Metro Area AMI is defined as $116,700 per year.
| Household Size | Extremely Low Income less than 30% AMI |
Very Low Income 50% AMI |
Low Income 80% AMI |
|---|---|---|---|
| 1 | $23,250 | $38,700 | $61,900 |
| 2 | $26,550 | $44,200 | $70,750 |
| 3 | $29,850 | $49,750 | $79,600 |
| 4 | $33,150 | $55,250 | $88,400 |
Source: Judy Barrett presented these AMI qualifications to the Millbury Board of Selectmen in her Understanding the Local Initiative Program (LIP) Chapter 40B Comprehensive Permit presentation.