Chapter 40B Public Hearing - May 29, 2024
Please mark your calendar for Wednesday, May 29, 2024, starting at 7:00 PM, as the Millbury Board of Appeals will be holding another public hearing in a sequence regarding the proposed Rice Pond Village project under Chapter 40B, planned to be located at 17 Rice Road in Millbury, Massachusetts. The venue for this event will be at the Millbury Senior Center, situated at 1 River Street in Millbury, Massachusetts. Attending in person is encouraged for maximum participation. However, if you're unable to attend physically, you can join via Zoom using Meeting ID 876 9215 8831 or watch it on either Verizon FIOS channel 26 or (Charter) Spectrum channel 191, or afterwards on Millbury Video-On-Demand.
Based upon the last Board of Appeals public hearing, this is the resulting plan from the developer for the proposed Rice Pond Village project.
Less than a month remains until the public hearings for the proposed Chapter 40B Rice Pond Village project conclude on June 27, 2024, unless mutually extended once more. Despite this nearing deadline, numerous concerns from the public persist without resolution. Here's just a glimpse of the some of the issues raised:
Density: The proposed density exceeds any previous development in Millbury’s history, located on a minor road with existing public safety issues, such as the inadequacy of Rice Road, complications with the Providence & Worcester Railroad, problematic intersections at both ends, and the absence of turning lanes on Providence Street onto Rice Road, where rear-end collisions have been documented.
Height: Millbury currently has only one four-story building, which is situated on a major downtown street, consistent with the placement of taller buildings in most communities. The developers are proposing three four-story buildings in a well-established single-family neighborhood with mostly single-story houses.
Parking: According to local zoning bylaws, the proposed plan requires 498 parking spaces. However, the developer is requesting approximately 50% fewer parking spaces, asserting that their own assessment of the need should take precedence over established rules and regulations.
Public Health and Safety: Numerous concerns remain in this area:
Rice Road does not meet the minimum road width in Millbury, with some sections narrower than 22 feet and sight line issues.
The railroad crossing is unprotected, with no visibility in either direction due to a sharp angle and steep grade change.
The likelihood of a severe accident involving the transportation of hazardous materials via the railroad is substantial, particularly considering the presence of fuel tanks close to the railroad tracks and crossing. A prior train derailment occurred between Rice Road and Curve Street at or near the site of the proposed Chapter 40B Rice Pond Village project. In a more recent occurrence, the railroad track embankment was compromised as water from Simpson’s Pond eroded the embankment. This resulted in a temporary closure of the railroad while repairs were undertaken to reinforce the embankment and enhance overflow drainage structures.
Design and Layout: Although the latest plan is an improvement over previous submissions, it still falls short of several recommendations from the Chapter 40B consultant. It lacks sufficient play and recreational space within the building areas and does not adequately provide for internal circulation for walking and outdoor enjoyment. Each design presented follows a "cram and jam" approach, leaving no room for open space or amenities that would improve the living environment for tenants or their guests. Ultimately, these designs prioritize maximizing profits for the developers over creating a quality living space that enhances the area and environment for its occupants.
A train carrying toxic chemicals that derailed in East Palestine, Ohio, in early February has raised concerns about air, soil and water pollution in the region. Credit Gene J. Puskar/Associated Press
Millbury must take heed of the dire lessons learned from the catastrophic toxic disaster in East Palestine, Ohio, often dubbed “Ohio’s Chernobyl”. We cannot allow such tragedy to unfold in our community. Let us not succumb to the lure of developer-driven greed. The proposed largest residential development in Millbury, if approved, will be positioned alongside railroad tracks transporting volatile and hazardous cargo, presenting a substantial risk that we cannot overlook. The potential dangers are evident, as demonstrated by a train derailment on these very train tracks between Rice Road and Curve Street in Millbury. This incident occurred well before the installation of ckSmith’s fuel tanks adjacent to the railroad tracks and crossing. However, these fuel tanks introduce an additional level of risk in the event of another derailment. Furthermore, the proximity of a major power grid facility on the north side of Providence Street must be taken into account. What would be the regional impact if this facility were disrupted, considering that key power lines intersect the project site and the railroad tracks at several points along their route. The train derailment wasn't the only incident affecting the tracks. Another incident occurred when water escaping from Simpson’s Pond undermined the railroad tracks, necessitating a temporary shutdown of the rail line. Repairs were needed to stabilize the railroad embankment and fix the drainage structure and slipway. These are documented incidents, not merely theoretical possibilities. Do the members of the Millbury Board of Appeals want to ignore these possibilities, hope for the best, and later regret their decisions? The same applies to all the other public safety concerns raised by our neighborhood and other concerned Millbury residents. This site is simply the wrong choice and not worth the risks.
Robert Garland, General Manager of the Providence & Worcester Railroad wrote in a letter to the Millbury Board of Appeals “The existing Rice Road public at grade railroad crossing (DOT #871-903P) will be significantly impacted by increased traffic flows. This includes not only new residential traffic but increases in various deliveries for services and shipping providers. The existing grade crossing is not wide enough and is not equipped with sufficient warning devices for the increase in traffic (lights and gates).” During a public hearing, he unequivocally stated that in a collision between a train and a vehicle, the train invariably prevails. This harsh reality needs consideration: adding over 1,000 vehicle trips per day to Rice Road without an upgraded protected crossing, for which there are currently no plans.
The developers, Steven Venincasa and James Venincasa, continue to disregard all of the significant public safety issues raised by our neighborhood and community. This is evident when their project engineer presents information stating, “The board had asked for…”. The general consensus is that our voices don't matter to them; they seem to view us as nuisances. The Millbury Board of Appeals should address all of our valid concerns, as ignoring them would create liabilities for the town and its taxpayers. However, these developers are often allowed to speak unchecked, while the public is given only a few rushed minutes at the end. Some town officials have emphasized that meetings should continue until everyone has been heard, even if that means staying past 9:30 PM. The purpose of these public hearings is to hear from the public, but often, board members are not listening and are engaged in side conversations while we speak on important matters. Yes, we have noticed, because it is quite obvious, and we are taking note of it.
There appears to be more concern about the aftermath of the Millbury Board of Appeals' decision than the decision itself. However, the focus should be on addressing all raised concerns, documenting the strongest defensible arguments with factual information, consulting with town counsel and peer reviewers for each decision, and fulfilling fiduciary obligations to the town and its residents, rather than speculating about potential outcomes. The actual outcomes of the board’s decision remain unknown.
Our neighborhood and community are well aware of our legal options and are prepared to exercise them if necessary. The developers should not underestimate our neighborhood and community’s resolve. As one board member speculated, "Maybe we should deny one of these projects and see what happens."
Steven Venincasa and James Venincasa should consider that their lack of collaboration may result in a decision by the Millbury Board of Appeals that isn't in their favor, potentially leading to a lengthy and costly 3-4 year appeal process before the Housing Appeals Committee (HAC) or in Superior Court should neighbors bring an appeal or other action. As the saying goes, time is money, and according to industry experts the market for multi-family units is already in a decline. There is local evidence of this in Worcester, where developers have been denied funding for their multi-family projects. These developers need to reassess whether cooperation is the most efficient path forward or if continuing to dig in their heels is worth the time and expense.
Residents' active involvement in these public hearings is indispensable, even if they don't plan to speak. Showing up in person is paramount as it signifies a tangible dedication to the community's interests. In-person attendance carries more significance because it enables direct interaction with decision-makers and promotes a deeper sense of community unity. While remote participation is convenient, it doesn't have the same impact due to its reduced visibility and potential for detachment from the proceedings. Thus, residents are urged to prioritize attending in person to ensure their voices are truly heard and to amplify the impact of their contributions.
With time running out, for these public hearings. It's crucial to prioritize these public hearings to significantly influence the outcome of the misguided proposed Chapter 40B Rice Pond Village project.
The agenda published lacks sub-items, yet there are numerous documents accessible from the developers, residents, and peer reviewers. All pertinent documentation, including project specifics, essential state regulations, design guidelines, and supplementary resources, can be found on the Resources page.