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.
The Chapter 40B Handbook for Zoning Boards of Appeal does not describe a specific procedure for conducting the public hearing. However, most Zoning Board of Appeals (ZBAs) conduct a comprehensive permit public hearing by following the same protocol that applies to any other type of public hearing on a proposed development. The protocol is summarized below and it can serve as a checklist for use by ZBA chairs and chairs pro tem. (Straightforward task checklists can be especially helpful to first-time chairs.) Most boards require a complete presentation by the applicant, followed by an opportunity for board members, other local officials, and the public to ask questions. During this process the issues of greatest concern and any need for additional information can be identified.
Basic Public Hearing Protocol
Open the hearing and read the public hearing notice.
Introduce the Zoning Board of Appeals (ZBA) members sitting on the case, including any associate member appointed pursuant to M.G.L. c. 40A, § 12.
Explain public hearing “basics” so the applicant and public can anticipate how the ZBA will conduct the hearing and know what to expect along the way. (Some ZBAs have a short “code of conduct” poster at the front of the hearing room as a reminder, and also as an aid to people who arrive after the hearing has opened). If the ZBA customarily ends meetings at a certain time, the public should be told at the outset so they are not surprised later.
Read correspondence into the record. (If town staff or members of boards that submitted comments are in the hearing room, acknowledge them.)
Invite the developer to present the project.
After the developer’s presentation, give ZBA members time to ask questions.
Open the hearing to questions and comments from the public. Some ZBAs routinely set time limits on individual comments; others take a less formal approach and hold off on imposing time limits unless it becomes necessary. The board needs to strike a balance between providing enough time for people to be heard and avoiding needless repetition. Also, some questions from the public may need to be deferred until the ZBA receives peer review reports. For this reason, it makes sense to let abutters know as soon as possible what the ZBA’s project review schedule will be.
Schedule a site visit. Note that site visits should be open to the public, but they are not a “meeting” under the Open Meeting Law as long as the ZBA does not deliberate during the visit. See the Attorney General’s Open Meeting Law Guide for more information.
Decide on a date to continue the public hearing (assuming it does not open and close on the same night), in consultation with the developer. Though some comprehensive permit hearings can be completed in one evening, most proposed developments need several sessions. For example, developers will often propose some changes to their original plans in response to concerns raised during the hearing. Furthermore, developers can use time between hearing sessions to obtain additional information for the ZBA and have informal discussions with city or town staff, consultants, or abutters to the site. Hearing continuances and extensions of the decision deadline must be approved in writing by the applicant and filed with the city or town clerk.
Kindly be aware that the agenda and meeting structure of the Millbury Board of Appeals might not fully conform to the guidelines outlined by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC). During the public hearing on December 13, 2023, our predesignated neighborhood and community spokesperson proposed a more detailed meeting agenda for the next session(s), outlining the framework and topics to be discussed with some level of specificity. Announcing the date, time, and venue for the upcoming public hearing during the ongoing session would be greatly beneficial. There doesn't seem to be a clear reason why the meeting venue could not be organized and communicated, at the very least, in the preceding meeting. We'll have to wait and see what's on the upcoming public hearing agenda and whether our concerns receive attention or not.
In addition to conducting a site assessment, the aforementioned site walk should encompass Rice Road, the Providence & Worcester Railroad crossing, and the intersections of Providence Street and South Main Street. This comprehensive walk is essential to properly evaluate public safety issues and environmental concerns, especially pertaining to Rice Pond and its associated wetlands. It's noteworthy that these developers have encountered significant wetlands compliance issues at their Highland Ridge project in Berlin, Massachusetts, and currently under another Stop Work Order. The Millbury Conservation Commission should thoroughly review the meeting minutes of the Berlin Conservation Commission, directly engage with them, or watch their recorded meeting videos to gain deeper insight into the challenges and issues faced, aiming to achieve compliance with the Wetlands Protection Act. Rice Pond serves as a valuable wetlands resource, attracting a diverse array of wildlife species and providing a home for many of them. Preserving Simpson’s Pond is vital as a significant wetlands resource. It's crucial to protect it from silt runoff down or along Rice Road during the demolition and construction phases of the proposed project. Given the past issue of silt on roadways during the Highland Ridge project, this concern holds significant importance. Although past performance doesn't always predict future outcomes, considering the challenges encountered by the Berlin Conservation Commission is a crucial factor. Given these issues, it's prudent to give strong consideration to avoid similar concerns in Millbury. Thorough research and investigation are crucial in steering clear of unexpected consequences. This is precisely why our neighborhood is deeply involved in this process — to safeguard the neighborhoods and the cherished way of life we hold dear.
In light of this, the Millbury Board of Appeals should mandate the precise placement of stakes at the four corners of the three buildings and the flying of balloons at the 65-foot 6-inch height at each building corner, precisely aligning with the final roof peak elevation outlined in their site plans. This critical measure will offer all stakeholders a clear visualization of the proposed buildings' height, mass, and proportion concerning the surrounding single-family houses and other structures.
Additionally, it's important to recognize that the Millbury Board Appeals typically does not handle projects of this scale and complexity. Understanding the significance of this proposed project and its impact on our neighborhood and lives is crucial. For instance, a neighbor who is 98 years old made an effort to attend the meeting in person, and two others at 92 years old also attended to learn, listen, and participate. Furthermore, there are still original homeowners in our neighborhood who made their purchases back in the early 1960s, a clear indication that they love where they live. It's quite understandable that they, along with others, felt frustrated about not getting the chance to voice any of their thoughts during the public hearings on November 29, 2023, or December 13, 2023, regarding the proposed Chapter 40B Rice Pond Village project.
A member of the Millbury Board of Appeals expressed concern about the significant turnout of around 50 individuals present in the public hearing room, excluding remote attendees, and the potential time needed. They estimated an allocation of 3 minutes per person (totaling 2.5 hours) if a time restriction were imposed by the Board. However, it's worth noting that in previous Rice Pond Village project, individuals were generally concise in their public comments, potentially obviating the need for a strict time limit. The proposed Chapter 40B Rice Pond Village project's public hearing and associated efforts will demand an extensive time commitment by all stakeholders for the foreseeable future, as the 180-day public hearing process is not set to conclude until around May 26, 2024, unless mutually extended or unless all information has been evaluated. The Millbury Planning Board dedicated a minimum of 10 months to public hearings before reaching a decision of denial. Considering Steven Venincasa and James Venincasa's perspective, it's unlikely they would entertain an extension of the public hearings. To address the Board's apprehensions regarding time investment, we had predesignated a community and neighborhood spokesperson to advocate for the interests of over 100 individuals prior the first public hearing commencing. Our neighborhood and the community are fully equipped to handle the concerns surrounding the proposed Chapter 40B Rice Pond Village project. All we require is the chance to actively engage and participate in the process.
The involvement of board and committee members, town officials, and employees is deeply rooted in the spirit of public service, in service to others. Their primary focus is dedicated to serving the paramount interests of Millbury's taxpayers and residents. This commitment extends to ensuring transparency, accountability, and responsiveness in addressing the community's needs and concerns. Their roles involve diligent stewardship of resources, crafting policies that promote the town's growth and welfare, and fostering an environment that encourages civic engagement and inclusivity. In essence, their combined endeavors strive to elevate the quality of life, prioritize health and safety, uphold cherished values, and actively promote the overall well-being of everyone within Millbury—or, at the very least, that should be the aspiration.
Our neighborhood acknowledges Steve Stearns as the singular neighborhood and community spokesperson for our community. With unanimous endorsement on November 12, 2022, Steve Stearns is empowered to advocate for our collective interests in public hearings, meetings, on social media, and through various mediums. This does not prevent individuals from speaking for themselves and expressing their personal viewpoints.