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. Some misconceptions include:
Chapter 40B projects bypass all local zoning and regulations.
Chapter 40B project are automatically authorized and there is nothing anyone can do.
If a municipality does not enter into a Local Initiative Program (LIP) that developer goes to the state, and the state will make the decision bypassing the municipality.
When a municipality enters into a LIP agreement with a developer, it doesn't inherently signify an endorsement by the municipality itself.
None of these beliefs hold true, and anyone asserting these or similar statements lacks knowledge about Chapter 40B or its approval process. In reality, communities like Millbury have individuals who, by being pessimistic, refrain from contributing effort to influence the outcome of a project or situation and actively promote misinformation. This approach can limit positive impacts and hinder progress. This pessimistic mindset can spread and discourage individuals from actively participating in shaping decisions that significantly affect a community. The best advise is to ignore these individuals and actively participate in the process.
Initially, adherence to all state laws is imperative for a Chapter 40B project, including compliance with the state Building Code, the Wetlands Protection Act, and any additional stringent wetlands bylaws implemented by the community. Following that, the local zoning Board of Appeals holds the responsibility for safeguarding public safety, addressing imminent dangers, preserving water supplies, overseeing wetlands, including flood prevention, and upholding zoning bylaws and regulations in the public interests.
Concerning the ongoing public hearing for the proposed Chapter 40B Rice Pond Village project, a 180-day period governs its duration, open to extension by mutual agreement of involved parties until the deadline, slated for May 27, 2024. It's crucial for all stakeholders—abutters, residents, the Providence & Worcester Railroad, town officials, and departments—to actively participate throughout this process. This represents the sole opportunity to influence the decision by the Millbury Board of Appeals and the outcome of the project decision.
Moreover, staff at the Massachusetts Executive Office of Housing and Livable Communities have confirmed once more that the execution of the Local Initiative Program (LIP) agreement between the Town of Millbury and Rice Pond Village, LLC (specifically, Steven Venincasa and James Venincasa) constitutes an endorsement of the project by the Town of Millbury.
The aim of a LIP agreement is to facilitate active negotiation and tailor the project to fit the community's needs. However, according to the Millbury Board of Selectmen and the former Town Manager involved in the initial negotiation, it didn't align with this purpose. The Millbury Board of Appeals needs to reconsider this dynamic, or the project ought to be subject to conditions or rejected outright, supported by a strong, legally sound reasoning—similar to the initial rejection by the Millbury Planning Board. There are various approaches available: reducing the project's scale, lowering density and building heights, ensuring architectural harmony with the neighborhood, or modifying the number of units while prioritizing public safety and environmental preservation. With the Millbury Board of Selectmen having engaged in this LIP agreement, the responsibility now falls on the residents and other stakeholders to sway the Millbury Board of Appeals' decision, ensuring the safeguarding of our neighborhoods and community against any potential adverse impacts.
We need everyone's professional expertise, experience, and input to shape a decision that prioritizes the best interests of Millbury residents without disregarding the existing neighborhoods and area residents. Adopting a mindset of “I won’t be impacted” neglects the potential repercussions on other neighborhoods in the future.
Millbury has a history with Chapter 40B projects, and this latest one won't be the town's final endeavor of this kind. Centerview Apartments, located at the intersection of Elm Street and South Main Street, stands as a town-owned Chapter 40B initiative. While Cordis Mills Apartments (now Spark Millbury) was once part of the Subsidized Housing Inventory (SHI), its eligibility has expired, leading to the removal of those units. Salo Terrace, another Chapter 40B development, has seen its SHI units expire, rendering them ineligible to contribute to the 10% SHI threshold. Chapter 40B projects currently remain valid indefinitely without expiration.
The upcoming public hearing for the proposed Chapter 40B Rice Pond Village project is set for Wednesday, December 13, 2023, at 7:00 PM. As of now, it's anticipated to take place at the media center in the Millbury Memorial Junior/Senior High School on 12 Martin Street in Millbury, Massachusetts, but this location is subject to confirmation.