Recap Of Chapter 40B Public Hearing #8
On April 24, 2024, the Millbury Board of Appeals held the eighth public hearing for the proposed Chapter 40B Rice Pond Village project to be located at 17 Rice Road in Millbury, Massachusetts.
The public hearing kicked off much like any other, with developers providing updates on their progress. However, their presentation fell short—although they had examined four alternative sketches, they were incomplete. James Tetreault, the developer’s engineer, proceeded to present a plan to the Millbury Board of Appeals, yet no participant could view it. To everyone's surprise, it wasn’t even the correct plan he was discussing. Instead, he urged the board members to visualize his descriptions, as the developers had opted to create only one presentation board.
Kenneth Perro, the chairperson, intervened, pointing out the lack of visibility and the mismatched plan being discussed. The developers were clearly unprepared. In a bid to salvage the situation, they turned to the town planner to save them. James Venincasa, who had previously agreed to present all information electronically. However, this promise, like many others, went unfulfilled.
Following extensive discussions on their incomplete concepts, several residents addressed the assembly. Chairperson Kenneth Perro inquired whether the attendees were inclined to outright deny the project, sparking another round of dialogue. While applause ensued following his mention of denial, it was emphasized that there are additional considerations to ponder, as elucidated by members of the neighborhood and community. The neighborhood and community spokesperson highlighted the lack of substantive compromises from the developers concerning various aspects such as location within a Suburban 2 zoning district where the project is not permitted due to Rice Road being classified as less than a minor road, issues regarding density, height, massing, as well as the inadequacy of parking spaces for both residents and guests, among other concerns.
The neighborhood and community spokesperson representing the neighborhood and community urged the board to seek guidance from the town counsel regarding the optimal course of action, whether it be denial or approval with conditions that the developer is unlikely to accept. It was noted that during discussions, James Venincasa mentioned the potential of withdrawing and pursuing a "hostile" Chapter 40B application directly to the state. However, such a move would not alleviate the developer's predicament, as it would ultimately lead them back to the Millbury Board of Appeals, facing continued opposition from the neighborhood and community. Furthermore, such actions might not be viewed favorably by the state, as the Chapter 40B Local Initiative Program (LIP) strongly recommends ongoing cooperation to ensure a project aligns with the town's endorsement.
The board turned to Conor McCormick, the town planner, for insights on matters of density, height, massing, and more. Conor McCormick remarked (paraphrased), "Chapter 40B does not factor into the context of the neighborhood." This statement is erroneous and should not be relied upon by the board or any other party. Conor McCormick should familiarize himself with the Handbook: Approach to Chapter 40B Design Reviews and 760 CMR 56.04(4)(c) before advising the Millbury Board of Appeals on such matters.
In response to inquiries concerning water and sewer capacity, Conor McCormack asserted that sewer capacity is available and expressed optimism that there would be sufficient water supply by the first quarter of 2026. However, there is a lack of documented evidence in the public record to substantiate his claims. When assessing water adequacy, reliance on uncertain terms is insufficient. A definitive response, which cannot be provided at this time, is necessary. Currently, the water company cannot guarantee the operational status of the well, and without adequate water capacity to sustain the town independently, reliance on supplemental water from the City of Worcester is crucial. This presents a significant issue that demands a conclusive answer, yet one that has not been provided thus far. While Conor McCormack might be inclined to take a gamble on the town's residents and businesses having enough water for their needs, no resident feels confident or reassured by this prospect. By the way, Conor McCormack does not reside in the town of Millbury.
There are a lot of unanswered questions regarding the proposed Chapter 40B Rice Pond Village project that must be answered before the deadline of June 27, 2024.