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Historic $4B economic development bill clears path for major housing expansion in Devens

After months of negotiation, the Massachusetts House and Senate, meeting in special session last week, passed and sent to Gov. Maura Healey the $4 billion “Mass Leads” economic development bill she proposed in February, including two provisions that could dramatically increase housing in Devens.

One section within the 319-page package (Section 272) amends Chapter 498, the law that created Devens, to eliminate its cap on the number of residential units that can be built there, as well as the cap on the square footage of commercial or industrial development allowed within the Devens Regional Enterprise Zone.

The housing cap, as outlined in Chapter 498, is currently 282 residential units, limiting the number of homes that can be built and constraining the area’s development. Eliminating the cap, advocates say, will pave the way for construction of hundreds of additional homes and apartments.

Coming up with a housing strategy

Recommending how many and what kinds of units should be built and where they should be located will be the job of a working group that the secretaries at the offices of Economic Development and of Housing and Liveable Communities are required to convene within the next 30 days. The working group’s mandate—stipulated in a second section of the bill (Section 298)—is to come up with a housing strategy and plan for all of Devens, without altering the area’s bylaws or building regulations.

Neil Angus, director of the Devens Enterprise Commission, which is the area’s permitting and regulatory authority, estimates that approximately 80 acres of undeveloped land there is zoned for residential use, including Adams Circle and Grant Road, the location of Emerson Green. Housing could be permitted and built in those areas with little regulatory delay provided a suitable developer and source of financing can be found.

Vicksburg Square not yet zoned for housing

However, one historic and much-discussed site would not be immediately available: Vicksburg Square, including its iconic but abandoned quadrangle of former army barracks. While the bill requires the working group to investigate the feasibility of building up to 400 multifamily residential units there, the area is currently an Innovation and Technology District and would have to be zoned residential before its redevelopment for housing could occur. Chapter 498 requires that any zoning change must be approved by the town meetings of Ayer, Harvard, and Shirley. Leaders of the three towns told the state nearly a year ago they would support such a change.

The working group, as specified in Section 298 of the bill, is required to include representatives from the towns of Ayer, Harvard, and Shirley; the Massachusetts Development Finance Agency (MassDevelopment); the Devens Committee, which represents Devens residents; and the Devens Enterprise Commission. The Press asked EOED for details on how its members will be chosen, how many, and who will make the appointments, but did not receive answers in time for this week’s issue of the paper. As a working group, the committee is not subject to the Massachusetts Open Meeting Law.

Whenever it finally convenes, the group has six months after the bill is signed by the governor to complete its work, when the secretaries of EOED and EOHLS must report its findings and recommendations to the House and Senate.

The bill passed the House of Representatives in special session on Nov. 14 by a 139-4 vote. The Senate passed the bill the same day 39-1. Harvard’s Sen. Jamie Eldridge and Rep. Dan Sena both voted for the measure. It now awaits Gov. Healey’s signature to become law.

In a note to the Press, Eldridge said he was grateful to conference committee member Senator Barry Finegold “for his support in ensuring that the legislative language in the Economic Development conference committee bill not only repeals the cap on housing and commercial development at Devens but also establishes a task force focused on potential additional housing at Vicksburg Square.” He also praised the focus of the Healey-Driscoll administration’s economic development secretary, Yvonne Hao, on developing Devens. “This work will have a significant impact not only on the Devens community but also on the towns of Ayer, Harvard, and Shirley, as well as the entire Nashoba Valley and North Central Massachusetts region.”

State Rep. Dan Sena applauded the removal of the Devens housing cap. “While more work needs to be done on this issue, removing the cap represents a major milestone,” he said.

The $4 billion bill is a massive package that authorizes borrowing for several major state initiatives, including millions of dollars for investment in life sciences, climate technology, and artificial intelligence, plus dozens of policy changes.

The bill also includes an earmark for Harvard: authorization to appropriate $25,000 for purchase of a drone for the Harvard Police Department, inserted at Rep. Sena’s urging in a final package of legislator earmarks approved by the joint House and Senate conference committee. But as always, it’s up to the Governor to release the money.

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