Should Ch. 498 be repealed?

August 14, 2009

The Joint Boards of Selectmen of the Devens host communities should realize that our officials have the upper hand when dealing with MassDevelopment (MassDev). Chapter 498 of the Acts of 1993, “An Act Creating the Devens Enterprise Commission,” was what emerged from our legislature after our towns filed a draft for it in the Great and General Court. It created the Devens Regional Enterprise Zone and created DEC as the “one-stop shopping” permitting authority to substitute for our towns’ permitting authorities. It delegated to MassDev some of our municipal authority over land within the Zone.

Chapter 498 also charged MassDev with redeveloping the former Fort Devens in accordance with the Devens Reuse Plan and funded them to do it within 40 years. This concept has been lost in the shuffle since the beginning. Our towns have the ability, though, to file, as a home rule petition from one or more of us, an amendment to Ch. 498 which would fix all that. Repealing Sections 8 and 9 would get DEC out of our hair and restore municipal authority within our boundaries. MassDev’s funding would be unaffected, except that our towns would collect the property tax, etc. to pay for municipal services. MassDev would be in the entirely familiar role of a developer owning land in our towns, to be developed according to our zoning, permitting, etc. This would create a much healthier relationship between our towns and MassDev. Our town meetings could then deal with any issues, such as shifting boundaries, etc.

Frank Frederick Maxant
Ayer

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