Recap Of Chapter 40B Public Hearing #10
At the public hearing for the proposed Chapter 40B Rice Pond Village project, the developer’s project engineer, James Tetreault, provided updates. He announced that Building 1, the structure closest to Rice Road, would be reduced from four stories to three, with an additional below-grade level containing eight walk-out units. This change would decrease the number of units in Building 1 from 64 to 56. Building 2, located between Buildings 1 and 3 along the railroad tracks, would incorporate eight walk-out units, increasing its total units from 64 to 72. Building 3, which backs up to the New England Power Company easement, would remain unchanged. The total unit count remains unchanged at 192 apartments. Parking spaces were reduce from the previous iteration of the site plans. James Tetreault mentioned that he had discussed the matter with their traffic consultant and acknowledged the need for further clarifications to address Stantec’s (the town peer reviewers) concerns. These concerns pertained to discrepancies in the Traffic Impact Study regarding motor vehicle accidents, where the study reported 2 incidents compared to the 12 incidents highlighted by the neighborhood and community spokesperson within 0.25 miles of the proposed project entrance. Stantec’s traffic consultant had verified the higher number in a previous public hearing using the same MassDOT vehicle crash data for the same time period.
After the last public hearing, a Millbury Board of Appeals member casually remarked that it would be helpful to have a list of our neighborhood's preferences or conditions. This public hearing for the proposed Chapter 40B Rice Pond Village project featured a presentation by our neighborhood and community spokesperson, officially representing 105 individuals. This representation is based on the results of a neighborhood meeting where we discussed our current stance and our path forward, including options for approval, approval with conditions, or denial of the proposed project, and the next steps with the Millbury Board of Appeals.
Included here is the text from the neighborhood and community presentation given to the Millbury Board of Appeals on Wednesday, May 29, 2024. The presentation addresses the proposed Chapter 40B Rice Pond Village project and its latest site plans. It also details our recommended minimum conditions for the developers, Steven Venincasa and James Venincasa, which we propose should be included in any decision made by the Board of Appeals. Hardcopies of the presentation in text form were provided to the Millbury Board of Appeals, the Town Planner, the Town Counsel, James Venincasa, and James Tetreault, as WiFi was inaccessible. For those who attended via Zoom or watched on cable TV, this information is included here and will also be posted on the town’s website to ensure everyone has access.
“A good negotiation leaves both parties feeling like they did not get everything they wanted.”
Our neighborhood and the community’s position is that Rice Road is not a viable location for the proposed Chapter 40B project. The project is out of scale in terms of density, height, and massing, and it does not fit within the neighborhood context. If approved, the proposed Chapter 40B Rice Pond Village project will exacerbate public safety issues that we have already raised and documented in the public record.
Our neighborhood acknowledge that there are three possible decisions: approval, approval with conditions, or denial. Our neighborhood is also aware of our legal options and may choose to pursue them should it become necessary to do so.
Deny the waivers for density and height by reducing the number of apartments from 192 to 96 (a 50% reduction) and uphold our zoning bylaw limit of a maximum 30 feet for building height.
Deny the waiver request for a reduced parking requirement. Instead, establish a minimum open-air parking ratio of 1.7 full-size (9 x 18 foot) parking spaces per apartment. Any garage spaces will be in addition to this condition of 1.7 open-air parking spaces per apartment.
The LIP Agreement includes requirements for compensating the Town of Millbury for the installation of stop signs and stop lines at four intersections. The Town of Millbury has already installed a new stop sign at the intersection of Rice Road and South Main Street. Therefore, add the condition to install a stop sign and stop line on Aldrich Avenue at the intersection of Thomas Hill Road.
Furthermore, include a condition for adding a white reflective lane-keeping center line within 100 feet of South Main Street and Providence Street on Rice Road.
Add a condition to add a stop sign and stop line within the Rice Road right-of-way at the exit of the proposed development and document its location in a recorded “as-built” plan recorded at the Worcester Country Registry of Deeds.
Add a condition that the developer and successors maintain a sight line triangular area from the front two corners of the property intersecting with Rice Road to a point that is at least 35 feet back from the right-of-way at the center line of the exit travel way. This area must be kept free and clear of snow piles, winter accumulations, or other obstructions over 30 inches in height.
The LIP Agreement includes requirements for a sidewalk on the north side of Rice Road, extending from the existing South Main Street sidewalk to the entrance of the proposed development. This condition should be expanded as follows: the sidewalk shall be extended to a point perpendicular to the east side of Aldrich Avenue, with ADA-compliant ramps on both sides of the intersections with Aldrich Avenue and Thomas Hill Road, and Cape Cod berms along the entire length of the sidewalk. Additionally, the driveways for 5 Rice Road and 7 Rice Road must remain usable without increased steepness or creating any drainage or access issues. Existing stone walls are to be reconstructed outside of the limits of the Rice Road right-of-way.
Add a condition that the developer shall construct a school bus shelter for grade school students on the north side of Rice Road at the intersection of Rice Road and Thomas Hill Road, positioned east of the proposed project entrance. This school bus shelter shall mirror the design elements of the proposed buildings in the development and be akin in nature and design to the one at Stratford Village.
Add a condition that requires the developer to install and maintain in good condition a 6-foot vinyl-coated chain link fence with privacy slats, along with densely planted mature arborvitae, along the entire western boundary of 19 Rice Road, except within 10-feet of the right-of-way of Rice Road. The arborvitaes shall be maintained in good health in perpetuity.
Add a condition that requires the developer to install and maintain in good condition a 6-foot vinyl-coated chain link fence with privacy slats and densely planted mature arborvitae along the eastern side of the proposed retaining wall, extending the entire length of the eastern boundary of 11 Rice Road, except within 10-feet of the right-of-way of Rice Road. The arborvitaes shall be maintained in good health in perpetuity.
Add a condition that the developer shall install densely planted mature arborvitae along the northern side of the proposed 300-foot retaining wall depicted on the plans north of Rice Pond to visually buffer the rear of the single-family homes along the north side of Rice Road and shield them from the parking lot and parking lot illumination maintained in good health in perpetuity.
Add a condition that the developer shall install and maintain in a 6-foot vinyl-coated chain link fence with privacy slats along the length of the Providence & Worcester Railroad property boundary, except within the width of the New England Power Company easement, in compliance with any easement requirements or restrictions prior to the issuance of the first occupancy permit. This fence shall be maintained in good condition in perpetuity.
Add a condition that before the issuance of the first occupancy permit, the developer must establish and record a clearly defined metes and bounds conservation easement at the Worcester County Registry of Deeds, excluding out parcels. This easement shall include the area around Rice Pond and extend from the eastern side of the New England Power Company easement to the western property boundaries retained by the developer. The conservation easement will prohibit any development or construction of manmade structures, except for the proposed dog park as specified in the final approved site plans.
Add a condition that the developer shall incorporate the aforementioned restrictions into their rules and provide notices to tenants accordingly.
Add a condition that the developer shall before beginning any site construction to convey the parcels of land previously offered to the adjacent property owners on the north side of Rice Road and along the cul-de-sac of Jackie Drive. These conveyances must be recorded deeds and plans by the developer in the Worcester County Registry of Deeds for those homeowners who choose to accept the offer and be staked in the field according to town requirements.
Add a condition that the developer must install a catch basin at the intersection of Rice Road and Thomas Hill Road in front of 1 Thomas Hill Road to resolve the water/ice pooling at the curb line.
Add a condition that the developer must commit in good faith to provide funding for any railroad design and safety expert selected by the Town of Millbury, deemed necessary to design, oversee, and execute all recommended upgrades at the Providence & Worcester Railroad crossing on Rice Road. This includes upgrades to the pavement within 150 feet of the Providence & Worcester Railroad property, as determined by MassDOT, Town of Millbury, and/or the Providence & Worcester Railroad. These upgrades must meet or exceed all Federal Railroad Administration (FRA) standards and shall be designed to surpass the traffic volumes outlined in the developer’s Traffic Impact Study and the FRA’s Annual Average Daily Traffic Data.
The board should stipulate that before any board decision, the developer is obligated to furnish all required documentation for a Comprehensive Permit, encompassing, though not limited to, the final quarter-inch scale architectural floor plans and elevations for each apartment building and the clubhouse, isometric drawings of the site, and any other outstanding deliverables. Any extension of public hearings to do so must be mutually agreed upon by the developer to guarantee the fulfillment of these requirements without conditional approvals, allowing ample time for thorough board and peer reviews.
Add a condition that the during site work and construction, all vehicles related to or associated with the project must be parked or standing solely on the five parcels of the project site. No temporary parking or standing shall be permitted on Rice Road, Thomas Hill Road, Aldrich Avenue, or Captain Peter Simpson Road under any circumstances. Enforceable temporary no parking signs shall be installed on the aforementioned roads during construction.
Add a condition that the board agrees that Town Counsel shall review and update these minimum outlined conditions to ensure they are air-tight, with no loopholes, and include significant and enforceable penalties for non-compliance.
If the developers, Steven Venincasa and James Venincasa are willing to meet us at a reasonable middle ground, we may be open to amending some of these minimum conditions. If not, then we’d respectfully request that the Millbury Board of Appeals make each of these minimum conditions a part of your decision.
At the beginning of the presentation, James Tetreault, the developer’s project engineer, interrupted and spoke over our neighborhood and community spokesperson. He was instructed to stop interrupting, as we show them respect and expect the same in return. After the meeting, several individuals informed our spokesperson that both James Venincasa and James Tetreault were laughing, rolling their eyes, and displaying other unprofessional behaviors throughout the presentation. This behavior demonstrated their total disregard for our community. Such conduct is a recurring issue at nearly every meeting, with these individuals consistently acting unprofessionally and displaying incredible disrespect and immaturity. This unprofessional behavior is not new, as they have exhibited it at various boards and committees without facing any restrictions. Clearly, the chairpersons of the various boards and committees should promptly address this unprofessional behavior and disrespect toward our residents and other attendees, just as they do when addressing residents and other attendees.
Millbury Board of Appeals member Adam Kobel asked for clarification on item #17, specifically whether we were asking the developer to pay for the reconstruction work. The response clarified that we were only requesting the developers to cover the engineering and consulting fees for design and project management, not the actual construction or material costs, and only if these expenses are not included in the Federal Highway Administration (FHWA) Railway-Highway Crossings (Section 130) Program, which the town should request from MassDOT, the overseer of this program.
Kenneth Perro asked Judi Barrett about a parking ratio of 1.7 parking spaces per apartment. Barrett responded that the ratio was not unreasonable but noted that garages should be included in the 1.7 parking spaces ratio.
Later, Kenneth Perro instructed the developers to respond in writing to each of the points made during the presentation to the Millbury Board of Appeals for their review.
By mutual agreement between the Millbury Board of Appeals and the developers, the deadline for concluding the public hearings has been extended to July 26, 2024, at midnight.