DHCD Approves Rice Pond Village Project Eligibility Letter

The Project Eligibility Letter (PEL) for Rice Pond Village has been officially received by the Town of Millbury. This letter has been transmitted to both Christopher Naff, Chairperson of the Millbury Board of Selectmen, and the developer, Steven F. Venincasa of Rice Pond Village, LLC.


I am pleased to inform you that your application for project eligibility under the Local Initiative Program (LIP) for the proposed Rice Pond Village project has been approved. This approval is based on your application that sets forth a plan for the development of 192 rental units. The proposed rents for the LIP units are generally consistent with the standards for affordable housing to be included in a community's Chapter 40B affordable housing stock.

As part of the review process, the Executive Office of Housing and Livable Communities (EOHLC) staff has performed an on-site inspection of the proposed project sites. EOHLC has made the following findings:

  1. The proposed project appears generally eligible under the requirements of LIP, subject to final program review and approval;

  2. The site of the proposed project is generally appropriate for residential development;

  3. The conceptual plan is generally appropriate for the site on which the project is located;

  4. The proposed project appears financially feasible in the context of the Millbury housing market;

  5. The initial pro forma for the project appears financially feasible and consistent with cost examination and limitations on profits and distributions on the basis of estimated development costs;

  6. The project sponsor and the development team meet the general eligibility standards of LIP;

  7. The project sponsor has an executed Purchase and Sale agreement for the site.

The proposed project must comply with all state and local codes not specifically exempted by a comprehensive permit.

Please provide us with a copy of the comprehensive permit as soon as it is issued. The EOHLC legal office will review the comprehensive permit and other project documentation. Additional information may be requested as is deemed necessary. Following the issuance of the comprehensive permit, the specifics of this project must be formalized in a regulatory agreement signed by the municipality, the project developer, and EOHLC prior to starting construction.

As stated in the application, the Rice Pond Village project will consist of 192 units, 48 of which will be affordable; all will be eligible for inclusion in the Town's subsidized housing inventory. The affordable units will be marketed and rented to eligible households whose annual income may not exceed 80% of area median income, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development.

The conditions that must be met prior to final EOHLC approval include:

  1. A final affirmative fair marketing and lottery plan with related forms shall be submitted that reflects LIP requirements including consistency with the Comprehensive Permit Guidelines, Section Ill, Affirmative Fair Housing Marketing Plans;

  2. Any changes to the application it has just reviewed and approved, including but not limited to alterations in unit mix, rents, development team, unit design, site plan and financial pro forma reflecting land value, must be approved by EOHLC;

  3. The project must be organized and operated so as not to violate the state anti-discrimination statute (M.G.L. c151B) or the Federal Fair Housing statute (42 U.S.C. s.3601 et seq.). No restriction on occupancy may be imposed on the affordable unit (other than those created by state or local health and safety laws regulating the number of occupants in dwelling units); and

  4. The Town shall submit to EOHLC the finalized details of the comprehensive permit.

We congratulate the town of Millbury and Rice Pond Village, LLC on your efforts to work together to increase the Town's supply of affordable housing.


The next step will be for the Millbury Board of Appeals to schedule one or more public hearing.

It is of utmost importance that both our neighborhood and the entire community to maintain a strong commitment to addressing the factual and evidence-supported “local concerns” during every public hearing with the Millbury Board of Appeals that fall within the following categories:

  • Health

  • Safety

  • Environmental

  • Design

  • Open Space

  • Planning

  • Other Local Concerns (related to physical development of the site)

All participants should bear in mind that emotions or personal opinions are not pertinent considerations within the context of Chapter 40B-related public hearings. These hearings primarily rely on objective criteria, data, and relevant regulations to make informed decisions regarding affordable housing developments. The focus should be on factual information, legal requirements, and the impact of proposed projects on the community, examples include, but are not limited to the Millbury Zoning Bylaws, the Millbury Subdivision Rules and Regulations, the Massachusetts General Laws Chapter 40B, and the Handbook: Approach to Chapter 40B Design Reviews.


In an effort to streamline and enhance the administration of housing and community development initiatives in Massachusetts, the state government embarked on a transformative journey to establish the Executive Office of Housing and Livable Communities (EOHLC). This pivotal move involved a reorganization of the existing Department of Housing and Community Development (DHCD), culminating in the creation of a dedicated executive office. With a focus on promoting sustainable, accessible, and equitable housing solutions, this new entity was born out of a commitment to addressing the evolving housing needs of Massachusetts residents. By consolidating resources and expertise, the Executive Office of Housing and Livable Communities stands as a testament to the state's dedication to fostering vibrant and inclusive communities, ultimately enriching the lives of its citizens and advancing the cause of affordable and livable housing for all.

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Rice Pond Village Proposed Unit Composition

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What A Chapter 40B Project Eligibility Letter Means