If, as expected, Gov. Charlie Baker signs the 200-page economic development bill sent to him by the Legislature last week, MassDevelopment, the agency overseeing the redevelopment of Devens, will have the authority to build more than twice the amount of the commercial and industrial space allowed by current law.
That’s more space than the select boards of Harvard, Ayer, and Shirley voted to support in July when they agreed that the current cap on commercial development at Devens could be increased from 8.5 million to 12 million square feet. Instead, once the bill on Baker’s desk becomes law, MassDevelopment will have the authority to add up to 12 million additional square feet of commercial and industrial building space, for a new maximum of 20.5 million square feet, overriding the limit agreed to by the towns.
Reaction to the news among those affected by the change has ranged from resignation to cautious optimism and relief.
“It’s a bigger figure than we sought,” acknowledged Select Board Chair Rich Maiore in an email to the Press. “The reality is environmental and infrastructure regulations will limit the amount of development at Devens.”
Environmental constraints provide de facto cap
The Devens Enterprise Commission is responsible for enforcing those regulations. The agency came to the three towns in July to ask that the cap be removed entirely. Director Peter Lowitt and DEC commissioners warned in presentations to the select boards of Harvard, Ayer, and Shirley that the existing cap could be reached as soon as this winter, halting further commercial development at Devens.
Lowitt told the Press in a phone interview this week that he could not predict how many square feet of commercial and industrial space would ultimately be developed, but that his agency would monitor a dozen environmental yardsticks, including open space, water and sewer use, traffic, and impervious surfaces, to gauge its impact. The Massachusetts Environmental Protection Agency set those measures and their limits in 2008, he noted, and had recommended then that the cap be dropped.
The only measure nearing the limit set by MEPA, said Lowitt, is the limit set for the impervious surfaces used to pave parking areas at Devens. He said his agency would monitor that metric annually, while also encouraging alternatives to traditional paved parking and the use of public transportation. As of 2020, other environmental measurements were far below their limits and would be reviewed every five years. Lowitt said that the one metric that could be greatly affected in the near future would be extending the water and sewer lines from Devens to Harvard, “which might bring us close to the cap but should still get us somewhat under it.”
Good news for future development
Lowitt is among the most enthusiastic supporters of the higher cap. He said it will allow the DEC to immediately respond to a pending request by SMC, a manufacturer of medical devices, for an additional 257,000 square feet at its facility on Independence Avenue. Evolving plans for the future growth of Bristol-Myers Squibb, Commonwealth Fusion Systems, and Northeast Studios won’t be held back, Lowitt said. All of this growth must be confined to areas at Devens zoned for such use, and MassDevelopment can now proceed to develop Salerno Circle, North Post, and the Shirley Village growth district, “without sweating bullets” the cap will be exceeded. “It’s good news for our businesses. It’s good news for Harvard, Ayer, and Shirley.”
In their July votes, Ayer and Shirley chose to eliminate the cap entirely; Harvard insisted that one remain in place, but agreed to an increase of 3.5 million square feet, the estimated amount of buildable commercial space that remains. Ayer and Shirley did not object to Harvard’s restriction. State Sen. Jamie Eldridge, with the support of all three towns, made sure that Harvard’s language was added to the state Senate’s pending economic development bill.
It was Gov. Baker who proposed language to allow an additional 12 million square feet of commercial development in the supplemental appropriations bill that he sent to the House Ways and Means Committee in September. In reconciling the Senate and House bills, negotiators kept Baker’s language and dropped the language proposed by Eldridge, although Eldridge urged Senate Ways and Means Chair Michael Rodrigues in a Sept.16 letter to keep it.
A mystery
The origin of the governor’s change remains a mystery. “These negotiations are done behind closed doors,” Eldridge said in an interview this week. “But I assume what happened was that the governor’s office or Secretary Kennealy, who chairs MassDevelopment, must have weighed in to say, ‘We want the language that the governor submitted.’” Eldridge said he was disappointed, but “relieved that the commercial cap is being lifted this year, given the building constraints.”
The Press asked both MassDevelopment CEO Dan Rivera and Department of Housing and Community Development Secretary Mike Kennealy for comment, but neither replied.
“I do think that ultimately this allowance of commercial development, which all three towns support, is a positive one,” Eldridge told the Press. Given the benefit to the governor, the executive branch, and MassDevelopment that the legislation provides, “I would really hope now they would act quickly to provide significant state funding to allow the three towns to plan out the future of Devens between now and the state mandated [2030 and 2033] deadlines.”
Meanwhile the Press learned this week that the earmark requested by Eldridge earlier this year that would have provided the towns and other stakeholders with $400,000 to pay for consulting services to help determine the final disposition of Devens never made it out of the Legislature.
