Liability For Pre-Identified Risks
While not experts in personal injury law or risk assessment, our initial research reveals potential consequences if town officials neglect public safety measures against defects, accidents or injuries, especially concerning the proposed Chapter 40B Rice Pond Village project. It's crucial to condition any approval on addressing and mitigating all identified public safety issues.
Personal injury cases often settle due to their cost-effectiveness, but this might indirectly affect taxpayers through potential hikes in insurance premiums, in this case paid through increased local taxes or reduction in services provided. Those who've navigated personal injury cases comprehend the extensive time and stress these legal processes encompass, spanning several years. Additionally, there's the profound personal toll if someone sustains serious injury, disability, or, in the worst scenario, passes away due to the failure to address a preventable issue adequately. We're optimistic that by carefully reviewing all presented facts and holding open public hearings, any potential safety concerns will be thoroughly pinpointed and resolved before any demolition, site preparation, or construction begins, so no one has to deal with what should have been a foreseeable and preventable situation.
When a documented risk, especially regarding public safety, is identified before granting a development permit, like in the ongoing consideration of the proposed Chapter 40B Rice Pond Village project—the scenario becomes either more intricate or more straightforward. In these instances:
Negligence: If the municipality had prior knowledge of a safety risk, documented it, yet failed to take reasonable action to address it or failed to disclose it during the permitting process, it could be considered negligent.
Legal Claims: Individuals harmed due to this negligence might have stronger grounds for legal claims against the municipality. Documentation of the pre-identified risk strengthens their case, showcasing that the municipality was aware of the danger but did not take appropriate measures.
Liability: The liability of the municipality could increase significantly because of this documented foreknowledge. Courts might be more inclined to find the municipality liable for damages resulting from the known risk.
Proving Liability: The burden of proof in such cases would involve demonstrating that the municipality had prior knowledge, had a duty to act, and failed in that duty, resulting in harm.
Insurance and Settlements: Insurance coverage held by the municipality might come into play. If found liable, the insurance might cover some or all of the damages, depending on policy limits and exclusions.
Legal Defenses: The municipality might attempt to defend itself by showing that despite the foreknowledge, they took reasonable steps or that the risk was not directly linked to the subsequent injury or death.
In essence, the existence of documented pre-identified risks prior to development permitting could significantly impact the municipality's liability. It can strengthen the case against them if it's proven they were aware of the danger and failed to adequately address it. However, the specifics of each case, including the nature of the risk, the actions taken (or not taken) by the municipality, and local laws, will heavily influence the outcome. Legal advice specific to the situation would be crucial in determining the extent of liability and potential avenues for redress. As of now, our focus will remain on the decision-makers behind this proposed project, although it's likely that the developers, engineers, and consultants could be involved in any potential personal injury lawsuit.
Common Sense Logic And Statistics
Our foremost goal is to avert any possible harm resulting from Millbury's inaction concerning extensively documented public safety issues. These concerns, supported by MassDOT crash data and the 2023 Federal Railroad Administration Accident Prediction Report for Public At-Grade Highway-Rail Crossings, should hold priority in the ongoing discussions overseen by the Millbury Board of Appeals. Moreover, we urge the inclusion of any additional concerns voiced by our neighborhood and community members.
MassDOT Vehicle Crash Data visualized for a period between 1/1/2002 until 12/20/2023.
There have been multiple accident incidents in the vicinity between 1/1/2002 and 12/20/2023 (a partial day of reporting): four accidents at the intersection of Providence Street and Rice Road, one at the Providence & Worcester Railroad crossing (not involving a train), another on Rice Road, one on Aldrich Avenue, one on Thomas Hill Road, two at the terminus of Rice Road where it meets South Main Street, and two further incidents west of Rice Road on South Main Street, one of which resulted in a fatality. Additionally, there have been incidents on other roads that serve the surrounding area. Thankfully, the majority of accidents are without injury (in orange), some have injuries (in purple), and a fatality (in teal).
Statistics on motor vehicle accidents indicate that a notable percentage occurs within a short distance from home, often due to frequent short trips taken in familiar areas. However, it's important to recognize that accidents aren't confined to specific locations; they can happen anywhere, influenced by factors like traffic volume, road conditions, weather, and driver behavior. Analyzing this extensive data, including over 3,345,163 MassDOT crash records, and visualizing it on a map reveals intriguing insights. Below is a depiction of the one-mile radius around the intersection of Rice Road and Thomas Hill Road for the same time frame referenced earlier.
This MassDOT Crash Data covers a 1-mile radius around the Rice Road and Thomas Hill Road intersection. The outlined area in grey with a black border marks the proposed Rice Pond Village property. It's important to note that this representation excludes instances where multiple accidents occurred at the same GPS coordinates.
Regrettably, the frequency of accidents or recurring patterns isn't unusual and is more commonplace than expected. However, preventable and clusters of accidents must be further examined and mitigated. This illustration shows 1,182 non-injury accidents (in orange), 164 accidents causing injuries (in purple), and tragically, four accidents resulting in fatalities (in teal).
Rice Road
Our neighborhood and community have expressed valid concerns about public safety risks along Rice Road, the unsecured Providence & Worcester Railroad crossing, and intersections like Providence Street and South Main Street. The developer’s own traffic consultant estimated the addition of over 1,000 daily vehicle trips (192 dwelling units x 5.44 vehicle trips per day) in and out of the proposed project alone onto Rice Road raises concerns about increased accidents, injuries, or worse if risks are not addressed. MassDOT's crash data highlights incidents on Rice Road and at specific intersections, including rear-end collisions. Despite this, the developer's traffic consultant reported only one minor accident on Rice Road, contradicting official records. It's puzzling how they missed readily available public information. Additionally, the railroad crossing and the intersection of Rice Road and Aldrich Avenue seems to have been overlooked during their evaluation.
Providence & Worcester Railroad
A neighborhood resident recalls a train derailment in the area planned for the proposed Chapter 40B Rice Pond Village project, during their childhood, but we couldn't confirm it due to its age and lack of online information. Additionally, there was an incident where the Providence & Worcester Railroad tracks next to Simpson’s Pond suffered undermining, causing pond water to flow onto Providence Street and fish to land on the road, requiring repairs and shutting down the railroad temporarily.
On January 20, 2022, Katelyn Krysiak of Genesee & Wyoming Railroad Services, Inc., representing the Providence & Worcester Railroad, wrote a letter to the Town Planner about a prior project involving 46 condominiums at the same location by the same developer. The letter highlighted concerns about increased traffic volume, traffic speed, and the intended widening of Rice Road due to Steven Venincasa and James Venincasa’s proposed project plans, stating that railroad assets would not meet current standards without direct involvement in the modifications. With this prior concern over 46 units, the impact of 192 apartments should be carefully considered by the Millbury Board of Appeals when evaluating the proposed Chapter 40B project, factoring in potential risks for regular road users on Rice Road. What sets this scenario apart is the ownership by the Providence & Worcester Railroad Company, encompassing land from the western side of the railroad tracks to Providence Street. This parcel, acquired in 1847 from Oliver Rice, the previous owner of what is now 1 Rice Road, was purchased for $121.87. During deed research along Rice Road, it was revealed that another historical tidbit is that Rice Road was initially named Sawmill Road.
Rice Road stands out among Millbury's public at-grade railroad crossings by lacking crossing gates, removed in 1979 without a clear explanation. The Millbury railroad lines allow a maximum speed of 40 MPH, with trains sounding their horns at each crossing for safety, audible day and night to alert vehicles and pedestrians of approaching trains. The Federal Railroad Administration (FRA) indicates that this railroad crossing sees an Annual Average Daily Traffic (AADT) of 470 (motor vehicles, not trains).
Accident Prediction Report for Public At-Grade Highway-Rail Crossings
From 2018 to 2022, the Federal Railroad Administration's report shows no incidents along the Providence & Worcester Railroad line in Millbury. This freight-focused line has about four trains passing on a four day/night cycle. Despite Rice Road's lower traffic volume, its railroad crossing ranks second in Prediction Collisions, indicating a 1.35% rate for train-vehicle collisions. An increase in traffic without safety upgrades could impact the rating and heighten the risk of collisions between trains and vehicles or among vehicles due to the already too narrow pavement width.
| Rank | Pred Colls | Road | WD | AADT |
|---|---|---|---|---|
| 1 | 1.75% | S Main St | GT | 3,700 |
| 2 | 1.35% | Rice Rd | FL | 470 |
| 3 | 1.05% | Curve St | GT | 520 |
| 4 | 0.46% | McCracken Rd | GT | 80 |
As defined by the Federal Railroad Administration (FRA), Prediction Collisions (“Pred Colls”) means “The accident prediction value is the probability that a collision between a train and a highway vehicle will occur at the crossing in a year.“
WD is defined as “The type of warning device shown on the current Inventory record for the crossing where: FQ=Four Quad Gates; GT = All Other Gates; FL = Flashing lights; HS = Wigwags, Highway Signals, Bells, or Other Activated; SP = Special Protection (e.g., a flagman); SS = Stop Signs; XB = Crossbucks; OS = Other Signs or Signals; NO = No Signs or Signals.“
Annual Average Daily Traffic (AADT) is defined as “a measure used primarily in transportation planning, transportation engineering and retail location selection. Traditionally, it is the total volume of vehicle traffic of a highway or road for a year divided by 365 days. AADT is a simple, but useful, measurement of how busy the road is.”
Past incidents don't guarantee future outcomes, but recurring patterns, like the cluster of rear-end collisions at Providence Street and Rice Road or the fatal accident on South Main Street, demand attention. MassDOT analyzes these incidents to improve safety. The Millbury Board of Appeals must heed this documented data, especially as the developer's traffic consultant overlooked significant incidents, focusing only on one minor accident.
The Millbury Police Department, Fire Department, DPW, and Board of Selectmen are highly concerned by the frequency of accidents at Howe Avenue and Millbury Avenue, which matches those at Providence Street and Rice Road. Despite this, the Providence Street and Rice Road intersection has received less or no attention. Concerns about the proposed Rice Pond Village project's impact on accidents arise, especially if significant safety enhancements are not implemented at key locations like Providence Street and Rice Road, and the Providence & Worcester Railroad crossing. Neglecting these improvements could lead to increased accidents, posing real risks and potential financial burdens on taxpayers through higher premiums, injuries, or loss of life of a loved one.
Steven Venincasa and James Venincasa's development plan for Rice Pond Village in Millbury, raises concerns about an inevitable traffic surge and exacerbation of already known public safety issues. Addressing this requires substantial investments and road reconfigurations, including adjustments at key intersections and the railroad crossing. Their attempt to leverage Chapter 40B for this project might pose significant challenges, risking public safety and unnecessarily burdening taxpayers. The responsibility for financing necessary offsite improvements should rest with the developers, not the community or government. Opting to situate a project of this magnitude on a road of minimal significance, especially one with well-documented public safety issues, introduces inherent risks and costly difficulties. It seems more fitting for placement along a significant thoroughfare (a “major street”), thereby sidestepping the inherent public safety concerns linked to Rice Road, including risks tied to the railroad crossing and the intersections at either end.
Steven Venincasa and James Venincasa have declined to take financial responsibility for crucial public safety upgrades, largely linked to their development plans along Rice Road. This choice has shifted the cost burden onto taxpayers. Although they have agreed to include a partial sidewalk along Rice Road, it's noteworthy that this addition isn't outlined in their submitted plan set. They've also committed to installing three stop signs at particular intersections and working together on a design plan for an intersection. However, their track record raises concerns about whether these proposed changes will truly address the road's layout and effectively tackle public safety concerns. There's a documented problem with credibility.
Thoroughly examining and weighing the different aspects of the proposed Chapter 40B Rice Pond Village project is essential in making a prudent decision that adheres to the town's development standards and the M.G.L. c. 40B § 20 mandate under the definition of “'Consistent with local needs'' to “…protect the health or safety of the occupants of a proposed Project or of the residents of the municipality, to protect the natural environment, to promote better site and building design in relation to the surroundings…” Prioritizing considerations should extend beyond the developer's requests for unwarranted waivers to build a multifamily project in an unsuitable location. Placing paramount importance on liability and public safety is crucial above all other factors. Prioritizing public safety over the need for affordable housing is crucial; otherwise, you'll simply be replacing one set of issues with another. There are more suitable locations for a project like this that won't risk compromising public safety. Millbury still possesses available land suitable for developing multifamily housing along a "major street".