Recap Of Chapter 40B Public Hearing #6
On March 13, 2024, the Millbury Board of Appeals held the sixth public hearing for the proposed Chapter 40B Rice Pond Village project to be located at 17 Rice Road in Millbury, Massachusetts. It is important to note that it has been six weeks since the public had the opportunity to contribute to the public hearing process.
The meeting began with the developer's management company, Madison Management, presenting an overview of their management of the Venincasa property portfolio, mostly focused on Cobblestone Village Apartments and 19 Canal Street Apartments, which irked many attendees as it seemed irrelevant to the permitting process. Many saw it as a futile exercise and a waste of everyone’s time. One resident openly criticized it as condescending. They emphasized their commitment to rent to only high-quality tenants, a statement that some attendees interpreted as potentially discriminatory practices, which is prohibited by law in Massachusetts. They stated that they conduct credit and criminal background checks, a standard practice among landlords, thus nothing unique to their operations. Simply possessing a high credit score and a clean criminal record doesn't guarantee the quality of tenants. The entire presentation was strange and failed to address the permitting process that the Millbury Board of Appeals, the neighborhood, and the community are involved in.
The project engineer for the developer subsequently offered some updates since the previous public hearing, which seemed relatively minimal considering the six-week timeframe. Afterward, Stantec, retained as the town's peer reviewers, delivered evaluations concerning stormwater management and traffic. They furnished thorough insights and underscored unresolved matters from the developers.
Nearly every voting member of the Millbury Board of Appeals raised inquiries about reducing the project's density, height, and other aspects of the project, sharing their viewpoints while emphasizing that they personally had not made any decisions regarding the viability of the proposed project. Kenneth Perro, the chairperson of the Millbury Board of Appeals, conferred with Judy Barrett, the town's Chapter 40B consultant, regarding waivers and the subsequent steps, while other members made additional inquiries. Judy Barrett provided clear instructions, indicating that the board must evaluate each waiver request independently and make decisions based on the information presented. She clarified that while the board can suggest changes to the developers, ultimately, the decision to implement changes rests with the developers, and the board must determine whether waivers are justified. Judy Barrett further explained that waivers are not obligatory and are solely at the discretion of the board. Additionally, she elaborated on the potential outcomes of developer appeals to the Housing Appeals Committee (HAC), noting that the process could extend for 3-4 years and may result in various rulings, including overruling the board's decision, returning the matter to the board, or affirming the board's decision. Furthermore, Judy Barrett highlighted the possibility of subsequent appeals, leading to further delays and expenses for the developers. She emphasized that the developers must decide whether to collaborate with the town or adhere to their original plans. She emphasized to the board that they currently lack all the requisite information to make a decision, as crucial details are still pending from the developers and their team, including peer reviews. James Venincasa expressed satisfaction with their current plans and affirmed their intention to proceed with them. Kenneth Perro urged them to reconsider their approach and return to the board with a definitive decision.
This diagram presents the vehicle crash data sourced from massDOT spanning from January 1, 2016, to January 1, 2024, highlighting a total of 12 accidents. Each crash (accident) is assigned a numerical designation based on its distance (in feet) from the intersection of Rice Road and Thomas Hill Road, which serves as the singular entrance/exit point to the proposed project site.
The neighborhood and community spokesperson sought clarification from Stantec, the town’s traffic peer reviewer, inquiring about the exclusion of 10 accidents from the developer's updated traffic impact study. These omissions were particularly concerning as only two out of the 12 accidents within 0.25 miles of the intersection of Rice Road and Thomas Hill Road were accounted for. Among these accidents were multiple rear-end collisions at the intersection of Providence Street and Rice Road, as well as a fatality on South Main Street near Rice Road. The traffic reviewer pledged to revisit and reevaluate the information with his team. The omission of crucial public safety data from the traffic impact study has sparked doubts regarding the credibility of the entire traffic impact study conducted by the developer's traffic consultant. This skepticism extends to the study's findings regarding traffic impact, including projected traffic volume to and from the proposed project site.
The spokesperson for the neighborhood and community reiterated the importance of conducting a site walk, suggesting that each corner of the proposed four-story buildings be marked with stakes and balloons flown at a height of 65 feet 6 inches upon completion, with no immediate urgency as to the timing of the site walk. This, he emphasized, would enable the Millbury Board of Appeals, as well as the neighborhood and community, to better comprehend the precise location, scale, and towering height of these proposed structures. He further stressed the significance of walking Rice Road from one end to the other alongside the neighborhood, aiming to grasp the public safety concerns firsthand. Members of the Millbury Planning Board had previously undertaken this very activity with a prior project, finding it to be enlightening. It was noted that merely driving down Rice Road does not provide the same depth of impact or understanding.
John Nagelschmidt, a Rice Road resident, highlighted that fire trucks and ambulances navigate the neighborhood via South Main Street due to the challenging right-hand turn from Providence Street southbound onto Rice Road. He also referenced the annual fire truck visits by Santa. Chairperson Kenneth Perro noted that Santa enter and exit via South Main Street because there are no houses beyond the railroad tracks. While acknowledging the absence of houses beyond the tracks, it is important to recognize that larger fire trucks cannot negotiate the impossible right-hand turn. To execute the turn, passenger vehicles must veer into the lane designated for oncoming traffic. It should be noted that during the previous proposed project, this public safety concern was brought up, and the former fire chief confirmed that in the event of South Main Street or Rice Road being obstructed, the fire response would have to divert through Providence Street. However, due to the size constraints, larger fire equipment would not be able to navigate the impossible right-hand turn on Providence Street and would require either utilizing turnouts past Rice Road or travel past Rice Road to the highway garage for a turnaround. These logistical challenges could result in significant delays, crucial in situations where every second counts. This particular aspect was not raised during the discussion.
Reconstructing the intersection of Providence Street and Rice Road is imperative for public safety, yet it will necessitate significant time, resources, and financial investment to rectify. The advancement of this project proposal should be contingent upon the reconstruction of the intersection to meet public safety standards. No permits should be issued for the proposed Rice Pond Village project until this condition is fulfilled, pending the decision of the Millbury Board of Appeals. The estimated cost for the Millbury Avenue and Howe Avenue intersection, primarily involving pavement removal, addition of green spaces, painting lines, and installing signs, stands at $500,000. Considering the higher number and severity of accidents at the Providence Street and Rice Road intersection, people speculate that the cost would substantially higher, especially since land acquisition may be necessary. Details matter. The developers committed to design the intersection with the town’s engineer, however, massDOT would need to also be involved along with the Providence & Worcester Railroad, as they own the property from the west side of the railroad crossing down to the west side of Providence Street. The developer has stated they will not finance any required alterations, thus leaving taxpayers likely responsible for covering the expenses.
The upgrades required for the Providence & Worcester Railroad crossing, primarily due to the proposed Rice Pond Village project, are estimated to cost approximately $432,659.42. Once more, the developer has affirmed their unwillingness to finance any necessary alterations, placing the burden of covering the expenses on taxpayers. A representative from the Providence & Worcester Railroad will present additional information on this topic and address any questions during the public hearing scheduled for Wednesday, March 27, 2024.
This public hearing was filled with numerous important points and discussions, and while this blog post touches on many highlights, individuals seeking detailed information are encouraged to watch the meeting video.
The upcoming public hearing for the proposed Chapter 40B Rice Pond Village project will be conducted by the Millbury Board of Appeals. It is slated for Wednesday, March 27, 2024, commencing at 7:00 PM. The location for this meeting will be determined and announced shortly before the public hearing.