Harvard asks legislators to reject governor’s changes to super town meetings

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Harvard’s Select Board voted unanimously Tuesday to oppose a provision in the governor’s economic development bill that would strip the towns of Harvard, Ayer and Shirley of their say in how Devens is governed.

The board’s 5-0 vote authorized a letter to state Sen. James Eldridge and state Rep. Danillo Sena outlining its objections. Copies will go to Gov. Maura Healey, every member of the Legislature, the secretaries of Economic Development and Housing, MassDevelopment, and the select boards of Ayer and Shirley.

Under current law, changes to the Devens Reuse Plan and bylaws, including zoning, require Ayer, Harvard, and Shirley to hold simultaneous town meetings, with a majority of voters at each meeting approving the change. This process has become known as a super town meeting.

Section 10A of the new bill, H.5386, would replace that process with a single meeting convened at Devens by MassDevelopment, the quasi-public agency that manages the Devens Regional Enterprise Zone.

The Select Board argues the change to super town meeting would strip the three towns of their authority to approve amendments altering the use of land within their historical boundaries, contradicting Chapter 498’s own stated purpose. Section 1 of the 1993 act recognized that the towns of Ayer, Harvard, and Shirley “have a vital interest in the successful reuse of Fort Devens.” The governor, in her introduction to the bill, claims the change will “streamline” the process.

The board’s letter argues that Section 10A would effectively halve the quorum required to approve changes at Devens. Harvard’s town charter and Ayer’s general bylaws each require a minimum of 50 voters at their respective town meetings. Under Section 10A, a combined quorum of 50 from all three towns would suffice, with no minimum from any individual community.

Under Section 10A, residents of all three towns could still attend and vote at the MassDevelopment meeting. But no town, as a municipal body, would be required to approve the change. The board argues that is precisely what Chapter 498 guarantees: a vote by each town, not just its residents.

The decision to distribute the letter to every Massachusetts legislator reflects the board’s argument that the provision sets a precedent for the state to preempt local zoning authority. Chair SusanMary Redinger added a sentence to the final version of the letter making that case, writing: “We consider this a dangerous precedent for the Legislature to establish that could potentially jeopardize the rights of towns across the Commonwealth to make decisions that have, to date, been made at the local level.” The letter concludes: “We respectfully ask that you oppose any provisions that weaken the role of the surrounding communities in Devens governance.” Board member Eve Wittenberg said the addition made “a more compelling argument for those beyond our delegation.”

Meanwhile, the Harvard-Devens Jurisdiction Committee, which advises the Select Board on Devens governance, voted at its most recent meeting to endorse the letter. The select boards of Ayer and Shirley also met Tuesday evening to take up the proposed changes. The outcomes of those meetings were not available at press time.

The board also agreed, without a formal vote, to collect resident signatures in support of the letter to add weight to the submission. Redinger said legislators need to “be able to point to the voters having an issue with this.” She and board member Ahmet Corapcioglu agreed to draft the petition language.

The bill itself is in the hands of the Joint Committee on Economic Development and Emerging Technologies, which held a hearing on May 19 and must report its recommendations to the Massachusetts House and Senate by July 18.

Next week: What other stakeholders are saying for and against the state’s proposal.

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