Keeping promises made to the two boards this summer, MassDevelopment CEO Dan Rivera appeared before the Select Boards of both Harvard and Ayer last week to explain why the agency had withdrawn from talks about the future of Devens and what support it would provide for those discussions in coming months and years.
His message this time was more nuanced, but consistent with his previous statements. The agency has higher priorities at Devens, but would provide the towns with the financial and other technical information they need to study and analyze future options for governance at Devens, Rivera said. But while he supported efforts in the Legislature to pay for consulting services, he said the agency would not itself contribute money to that effort.
Rivera also confirmed that MassDevelopment had set aside—for now—plans to rezone Vicksburg Square for housing. He felt that the plan the agency had prepared in 2019 before the pandemic struck wouldn’t have passed at a Super Town Meeting of Harvard, Ayer, and Shirley. State law requires such a meeting of the three towns to approve any zoning change at Devens. Rivera said that given the failure of three previous MassDevelopment-driven initiatives, any future plan should be developed in collaboration with the towns, not delivered from on high by the agency. “We’re not trying to ‘run out the clock’ and let the buildings deteriorate as some have speculated,” he said.
Regarding discussions about the future of Devens, Rivera said, “We want to be a good partner.” But he said he preferred that the agency be an “honest broker,” serving as a technical adviser, not a participant. It will be up to the state Legislature and Massachusetts governor to decide what happens at Devens after 2033. “I want us [MassDevelopment] not to have a dog in that fight,” he said, describing it as a political matter
The Devens office of MassDevelopment. (Photo by Lisa Aciukewicz)
It was Rivera’s second appearance before the two boards. In July he and Devens Enterprise Commission (DEC) Director Peter Lowitt attended back-to-back meetings with Harvard, Ayer, and Shirley to press for an increase in the commercial development cap of 8.5 million square feet at Devens. At the time he promised that if invited he would return to explain his reasons for withdrawing from the Devens Jurisdiction Framework Committee, the group formed three years ago to study options for the future governance of the former Army base.
The Ayer Select Board has returned to in-person meetings, so on Tuesday Rivera traveled there to meet with the three Select Board members and Town Manager Robert Pontbriand in Ayer Town Hall. An hour later he joined the Harvard Select Board and other town officials via Zoom.
In both sessions he insisted that he had meant no disrespect in withdrawing from the DJFC. “I think the towns are doing exactly what they need to be doing” in continuing to meet, he said, but he wanted MassDevelopment—the agency charged with growing Devens as both a commercial powerhouse and residential community—to play a less political role. Rivera, a former mayor of Lawrence, said that he made the decision so his staff, which he described as “small,” could focus on its core mission. That mission includes “placemaking,” he said, doing things that make Devens “a more liveable” place for both workers and residents.” Regarding 2033, the year the towns, DEC, and MassDevelopment must deliver a plan for future governance to the Legislature, Rivera said his agency took that responsibility “seriously” and would rejoin discussions at a future date.
“When, in your estimation, will MassDevelopment reengage?” Harvard Select Board member Kara Minar asked. “I’d hate to give you a date and then be wrong,” answered Rivera, admitting his answer might be frustrating.
“You know, I’m afraid people believe we have a dog in the fight,” he said to Ayer Select Board Chair Jannice Livingston, repeating a phrase used earlier and that he would later use before the Harvard board.
“You’re absolutely right,” replied Livingston. “They believe that MassDevelopment wants absolute control.” She said that in many people’s minds MassDevelopment was an “evil entity.” But she praised Rivera for coming before her board and putting a human face on the agency. “I can tell you personally,” she said, “that in my years sitting here and having met some of your predecessors, this is the best conversation I think we’ve had.”
In Harvard later that evening, Select Board Chair Rich Maiore made similar remarks, saying the conversation was a good first step in repairing the agency’s relationship with the town.
Both Livingston and Maiore urged Rivera to attend the next meeting of the Devens framework committee, scheduled for Oct. 12. “We’d like MassDevelopment to be part of the conversation again,” said Livingston, who co-chairs that committee with Harvard’s Victor Normand. “Maybe we could do it in a better way than it was being done before,” she said. “We’re entering a critical phase … and we’ve felt shut out for these past few months.”
Timeline: Milestones in the development of Devens
From Central Massachusetts landowners to the Army to MassDevelopment, the land on which the Devens Regional Enterprise Zone is situated has changed hands three times. What happens next will be up to the Legislature, but the law that created Devens anticipates that once development of the former Army base is complete, local government could be returned in some form to the towns from which the land was taken.
Here’s a brief history of key milestones in the development of Devens and more recent efforts by Harvard to begin planning its future disposition.
1917: U.S. Congress and the Department of the Army establish Fort Devens.
Land for the new U.S. Army base, also known as Camp Devens, is purchased from private landowners in the towns of Harvard, Ayer, Shirley, and Lancaster.
1993: Legislature passes Chapter 498 creating Devens and the Devens Enterprise Commission (DEC).
Enactment of Chapter 498 creates the Devens Regional Enterprise Zone on 4,400 acres of land within the historical boundaries of Harvard, Shirley, and Ayer. Responsibility for redeveloping the area and providing municipal services to its businesses and residents is assigned to MassDevelopment (known at the time as the Land Bank), which purchases the acreage from the Army. The towns give up their right to tax or collect fees for the use of their land.
The legislation also designates the Devens Enterprise Commission (DEC) as the area’s permitting authority, planning board, board of health, zoning board of appeals, and conservation and historical commissions. But the arrangement is not meant to be permanent.
The law requires the towns, the DEC, and MassDevelopment to begin a study on or before July 1, 2030, of how the area will be governed once MassDevelopment completes its work. The parties must present a joint study of alternatives and recommend one to the Legislature on or before July 1, 2033.
1994: Towns approve Devens reuse plan and zoning bylaws.
At a Dec. 7, 1994, Super Town Meeting, the three towns approve a reuse plan and zoning bylaws for the redevelopment of Devens. The DEC is charged with their execution and enforcement.
2017: Harvard voters ask Select Board for a plan that returns jurisdiction of historic Harvard land at Devens to the town.
Harvard voters pass a nonbinding resolution (571–141) at April 4 Town Election that calls on the Select Board to prepare a plan for voters that would return jurisdiction for Harvard land at Devens to the town, including the provision of services to its businesses and residents and the collection of taxes and fees.
2018; Select Board appoints a Harvard-Devens jurisdiction committee.
Harvard’s Select Board creates a nine-member Harvard-Devens Jurisdiction Committee to carry out voters’ wishes, “with the goal of presenting a plan to the Town of Harvard voters to resume jurisdiction over the land presently part of Devens [that was] formerly under the jurisdiction of the Town of Harvard.”
2019: MassDevelopment CEO asks Harvard and other stakeholders to work together on a framework for developing the joint study mandated by Chapter 498.
Informed of the Harvard committee’s work, MassDevelopment President and CEO Lauren Liss urges the Harvard-Devens Jurisdiction Committee to work with the towns of Ayer, Shirley, the DEC, and MassDevelopment to figure out how they will evaluate alternative structures for government, including infrastructure, costs, and further investments that might be required. MassDevelopment hopes, she writes, that the planning will culminate in a memorandum of agreement among the five parties on how to proceed.
“Frankly, what concerns us,” she writes, “is that unless a common framework is established at the beginning for what needs to be done and what questions need to be answered during the planning process, focusing only on the interests of individual parties may hinder, rather than inform, the development of a joint plan.” Liss says that once a memo of agreement is in place, work on the study can begin “with the assistance of a consultant retained under a MassDevelopment procurement.”
2019: MassDevelopment and HDJC form the Devens Jurisdiction Framework Committee.
The committee consists of three representatives from Harvard’s jurisdiction committee, three from the DEC, three each from the towns of Shirley and Ayer, and three from MassDevelopment. Victor Normand of Harvard and Jessica Strunkin of MassDevelopment are named co-chairs. The committee agrees to add a sixth delegation consisting of three representatives drawn from the Devens residential and business communities.
2020: Pandemic strikes in March.
The statewide declaration of a state of emergency disrupts meetings. Harvard’s jurisdiction committee continues to meet monthly via Zoom. Dan Rivera, a former mayor of Lawrence, replaces Liss as MassDevelopment CEO. Devens framework committee votes to recess for six months.
2021: Concerned with the slow pace of work on MOA, Harvard Select Board writes to Rivera.
In a Feb. 24 letter, the Select Board urges resumption of Devens Jurisdiction Framework Committee meetings and invites Rivera to discuss Harvard’s role within that committee. The letter reflects on the complexity of the undertaking and worries it could take five to 10 years to complete. Rivera replies a month later that given the pause in Devens committee meetings, he will defer meeting with individual stakeholders until he can meet with everyone.
2021-22: DJFC meetings resume; committee prepares draft MOA and RFEI.
Devens framework committee reconvenes in March 2021. Strunkin announces in June there is no money in MassDevelopment’s budget for a consultant. Devens framework committee readies a draft of a memo of agreement for signature by the group’s six stakeholders.
Members Lucy Wallace of Harvard and Ed Starzec of MassDevelopment draft a “request for expression of interest” that defines the scope of work expected of a consultant and invites ideas on how best to proceed and how much it will cost. Who will pay for that work remains undecided, a blank section in the MOA.
At their March 2022 meeting, members of the Devens Framework Committee ask MassDevelopment to provide financial data on its Devens operations, including a balance sheet and detailed budget.
2022: MassDevelopment withdraws from the Devens framework committee.
On April 6, Strunkin informs the Devens framework committee that MassDevelopment is withdrawing from the committee and its discussions of Devens future governance, but will return on or before 2030. Strunkin writes: “Given the many matters facing Devens in regard to our primary mission around commercial development, running day-to-day operations, and maintaining a safe and healthy community, effective immediately we will cease participation in discussions related to the permanent governance of Devens.”
An economic success story
A 2020 economic impact analysis by the UMass Donahue Institute finds that the 98 private, nonprofit, and government establishments at Devens employ 6,092 people and contribute $1.3 billion to the $600 billion Massachusetts economy.
Commercial development approaches the 8.5-million-square-foot limit set by Chapter 498. Residential development nears the housing cap of 282 units set by the same law.
MassDevelopment and the DEC continue to provide municipal services to the area’s businesses and residents. Residents vote in Harvard, Shirley, or Ayer, but lack a vote in their own governance.
A resumption of dialogue?
At Ayer and Harvard Select Board meetings the evening of Sept. 20, Rivera says MassDevelopment will provide data and technical advice to towns but won’t return to discussions of future governance for the foreseeable future. Chairs of both boards urge Rivera to attend the next DJFC meeting on Oct. 12. (See story above.)
