Several months have passed since the commencement of the Chapter 40B public hearings concerning the proposed Rice Pond Village project on Rice Road in Millbury, Massachusetts. However, developers Steve Venincasa and James Venincasa have yet to address any of the significant concerns with their plan and have explicitly stated they have no intention of doing so. During the previous public hearing, the developer's engineer, James Tetreault, presented an incomplete concept plan known as the Alternate C Site Plan.

Since then, the developer’s engineer has made some refinements to the plan. However, it fails to address the significant concerns raised by the Millbury Board of Appeals. It's evident, much like the previously denied project on the same site, that they have no intention to do so. The unresolved issues, which should form the basis for either denial or approval with conditions, are as follows:

• Multi-family developments are not permitted on anything less than a major street in a Suburban 2 zoning district.

• The design of the three four-story apartment buildings does not complement the predominantly single-story homes in the area.

• The height of the three four-story apartment buildings exceeds the 30-foot limitation in a Suburban 2 zoning district, with proposed heights reaching 65 feet 6 inches.

• Portions of Rice Road fall below the minimum road width requirement for this scale of development, measuring only 20 feet, whereas it should have a minimum pavement width of 32 feet with a 60-foot right-of-way.

• There is only a single-point of access to and from the site for normal and emergency access.

• There is insufficient parking provided for residents and guests falling short by 199 spaces, which is below the requirement stipulated in our local zoning bylaw..

• The proposal overlooks the impact on the Providence & Worcester Railroad crossing and the necessary upgrades required by their development plans.

• It disregards crucial MassDOT vehicle crash data at key intersections.

• The proposed site layout is inconsistent with the design requirements outlined in 760 CMR 56.04(4)(c) and the related Guidelines:

  • The proposed project fails to make a reasonable transition to this well-established residential neighborhood, related to massing, height, density, and more.

  • The proposed project creates a poor visual relationship to the adjacent roadway and the existing single-family neighborhood.

• During a recent site meeting for another proposed Chapter 40B project in Auburn by the same developer, the MassHousing representative, articulated the following recommendations:

  • The expanse of pavement lacks intervals of open green space.

  • The building height should be reconsidered to facilitate a smoother transition with surrounding properties, possibly by reducing the number of stories in the apartment buildings.

  • Adding buffers of vegetation and fences is advised along all existing developed properties, the existing single-family homes along Rice Road and Jackie Drive.

  • Site plans should include open green space for residents to relax, walk, and do recreational activities within the immediate area of the buildings.

This latest plan is again a “cram and jam” approach, using every inch of space in the developable area of the land.

Many of these significant issues are repetitive and redundant. However, Steven Venincasa and James Venincasa seem unwilling to heed the concerns of our neighborhood or the wider community, unless prompted to do so by the assertive engagement of members of the Millbury Board of Appeals.

It’s evident that the developers, consistent with their past behavior, have no intention of cooperating with the Millbury Board of Appeals and the neighborhood, mirroring the approach of their previous project, which was denied by the Millbury Planning Board due to public safety concerns and noncompliance with local regulations.

During discussions about the path forward for decisions, James Venincasa objected by stating, “We’ll just withdraw and go hostile Chapter 40B.” However, this threat holds no weight, as withdrawing from a Chapter 40B Local Initiative Program (LIP) to an “unfriendly” Chapter 40B offers no advantage. They would still face the scrutiny of the Millbury Board of Appeals, and our neighborhood and community would continue advocating for responsible and sustainable development.

The essence of a Chapter 40B LIP project lies in the continual negotiation between the developer and the community to create a project that benefits everyone involved. If developers fail to collaborate with communities, they may not achieve the intended outcome.

An then there are the operational issues. Where are the adequate snow storage location?

The next Millbury Board of Appeals public hearing for the proposed Rice Pond Village project is scheduled for Wednesday, May 15, 2024, at 7:00 PM. The public hearing will be held at the Millbury Senior Center located at 1 River Street in Millbury, Massachusetts. The published agenda lacks any sub-items or sub-topics at all.