Chapter 40B Public Hearing - January 10, 2024
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, January 10, 2024, 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 897 0147 2250 or watch it on either Verizon FIOS channel 26 or (Charter) Spectrum channel 191, or afterwards on Millbury Video-On-Demand.
The published agenda has two items listed for the proposed Chapter 40B Rice Pond Village project:
Developer Updates
Peer Review Comments
Kenneth Perro, the chairperson of the Millbury Board of Appeals, emphatically and consistently informed both in-person and remote attendees of the December 13, 2023 meeting that they would have the chance to provide input and ask questions at the forthcoming public hearing set for January 10, 2024. He further clarified that going forward, the public hearings would be dedicated solely to discussing the proposed Chapter 40B Rice Pond Village project on the second Wednesday of each month. Additionally, on the last Wednesday of each month, there would be a divided session, starting with public hearings on other local projects that fall under Chapter 40A, as necessary, followed by the focus shifting to the proposed Chapter 40B Rice Pond Village project. The meeting venue could change based on the availability of meeting spaces.
The lingering public safety and other concerns from their previously rejected condominium project persist, and this fresh proposal holds the risk of worsening these issues if not adequately tackled. Regrettably, it seems the developers, Steven Venincasa and James Venincasa, are showing no interest in adequately addressing these concerns. It's crucial to emphasize that despite some beliefs, there's no guarantee of approval for the project; it might face scaling back or outright denial, which is a decision that the Millbury Board of Appeals will make. Therefore, it's crucial to contribute to securing a favorable outcome for our neighborhood and community.
If given the green light, this project will notably affect the nearby region, bringing about a substantial surge in traffic along multiple roads including Rice Road, Providence Street, South Main Street, Woodland Street, Herricks Lane, Sycamore Street, Curve Street, Maple Street, Riverlin Street, Elm Street, Main Street, North Main Street, Canal Street, Howe Avenue, Millbury Avenue, Grafton Street, and in Sutton on Dudley Road and Boston Road. The estimated impact from the proposed development alone anticipates 1,045 vehicle trips per day, a figure that the developer’s traffic consultant suggests, which many believe may even be an understatement. According to MassDOT Crash Data, Providence Street (Route 122A) at Rice Road have seen multiple rear-end collisions, likely due to the absence of turning lanes in both directions, poor visibility, high speeds, and an inadequate intersection design. Consider the potential for these incidents to multiply with a sudden uptick in traffic. Additionally, the now denied 46 condominiums project proposal would have put the Providence & Worcester Railroad at odds with compliance standards due to its narrow 19-foot width, making it nearly impossible for two passenger vehicles to pass without risking a sideswipe, let alone accommodating a delivery truck, often necessitating vehicles to stop or reverse, and the lack of railroad crossing gates. Furthermore, the steep slope from the unprotected railroad crossing to Providence Street becomes hazardous during winter conditions, prone to becoming slippery with any snow or ice accumulation. Rice Road with its less than 22 foot pavement width is rated for 0-20 dwelling units, which it has already exceeded by more than double. If given the go-ahead, this project would stand as the most extensive development in Millbury. Per Millbury Zoning Bylaws, it's designated for a major street, outlined as having a right-of-way with specific dimensions: 60 feet width, 32 feet of pavement, a 5-foot grass strip, and an 8-foot-wide sidewalk.
Failure to address all the identified public safety concerns could potentially hold the town (including taxpayers), the state, and the developer responsible and liable for any resulting accidents. In personal injury cases, if there is a known safety issue that is not addressed, which there are in this neighborhood, then the responsible party or parties are liable for the resulting damages.
Numerous other concerns revolve around adhering to Chapter 40B design guidelines that align with consistency with local needs, zoning bylaws, subdivision rules and regulations, as well as ensuring environmental considerations and sufficient fire department access with only a single access point on an already inadequate road with width and geometry issues.
This proposed project can't be left to chance, relying solely on the Millbury Board of Appeals to make the “right” decision. Waiting to react after a decision, especially if it doesn't align with personal expectations, isn't the solution. It demands proactive involvement from everyone directly or indirectly impacted. It's not solely the responsibility of a few dedicated individuals to protect the neighborhood or community. Everyone holds a stake in this decision, contributing to highlighting the genuine concerns about public safety, health, environment, design, and more, which we've been advocating for over the past three years is crucial. It's our obligation to offer the Millbury Board of Appeals insights from locals who intimately understand the challenges in the area. Your presence at the meeting matters, even if public speaking isn't your forte. Numbers count and show town officials the level of interest and engagement. The December 13, 2023 meeting drew in over 50 in person attendees with more remotely attending, capturing the Millbury Board of Appeals' attention. If a 98-year-old neighbor and two others aged 92 can come out and participate, there's truly no excuse for not attending.
The Commonwealth of Massachusetts overlooks the possible strain this project's approval could impose on Millbury taxpayers, spanning education, police, fire, emergency services, road upkeep, and crucial public services. Consider the impact of The Shoppes at Blackstone Valley mall with its single point of public access and the local and state tax responsibilities tied solely to the McCracken Road project, a result of oversight in greenlighting that extensive development with a lack of foresight to the impacts of neighboring property owners. Through eminent domain, private properties were acquired, significantly impacting and uprooting the lives of individuals. Town officials should heed past mistakes and avoid their repetition.
Residents and town officials from nearby communities like Sutton, Grafton, Auburn, and others grappling with similar developers proposing or pursuing developments are also encouraged to join. It's an opportunity to understand the permitting process you might encounter and glean insights into these developers.