Devens Enterprise Commission
 

The Devens zoning by-laws provide for Level One and Level Two permits, which further facilitates the permitting process. Level One actions allow rapid approval at the Administrative level. Level One involves relatively minor adjustments to site plans, lot lines, and architectural modifications in historic areas, as well as wetland certificate of compliance. Level Two action require a full public hearing, and open review process and generally involves larger scale undertakings.

1999 was an extremely eventful year for the Devens Enterprise Commission. In late February Peter C. Lowitt, AICP came on board as the DEC's new Land Use Administrator/Director. Additional DEC staff include Sharon Wason (Planner) and Mary Quinn (Administrative Assistant). Inspectional Services, legal and engineering assistance are covered by contractual relationships with consultants. During this year the DEC issued 15 Level Two permits and 23 Level One permits, authorizing over a half million square feet of new construction and over 100,000 s.f. of rehabilitation. These projects include the Seven Hills Foundation's new adult day care facility on Grant, a new 18 hole sustainable golf course, two additions to Gillette's facilities, North American Van Lines Saratoga Boulevard facility, upgrades to the Waste Water Treatment Facility, an addition to Pharm Eco's Patton Road campus, Southern Container's new Independence Drive plant and various wetland and road improvement projects. The DEC issued at total of 52 permits for a total estimated cost of construction of $16,482,741.

In addition, the DEC evaluated its Rules and Regulations and updated them to address the concerns of our host communities and regulation users. This important task involved extensive citizen participation outreach efforts and was completed in November of 1999.

One of the DEC's major accomplishments for this year was the adoption of goals and objectives for 1999 (in April 1999). They are listed below with commentary on their implementation as well:

ANNUAL GOALS AND OBJECTIVES: 1999

Operational Improvements:

The DEC will improve its process for determination of completeness and work to assure the communities that they are reviewing the latest plans for public hearings. The DEC will work with the development community so that it is clear about development timelines and the development review process. The DEC will establish a set format for running public hearings and make that available to the public. The DEC will continue to work expeditiously to complete its rules and regulations. Once adopted, the DEC will strive to continuously improve its operations through regular evaluation of its procedures and regulations with input from the communities and those utilizing its regulatory processes.

Our regulatory rewrite incorporated language and requirements to provide assurance to our host communities that they will be reviewing the latest plan revisions for the DEC's public hearings. DEC timelines have been drafted and circulated to potential developers and Mass Development's Real Estate Division, assuring that everyone knows the schedule and is operating on the same page. A template for running meetings has been established and is being utilized by the chair for all public hearings. The DEC completed its review of its Rules and Regulations which resulted in an extensive rewrite of its Rules and Regulations. These new Rules and Regulations became effective as of November 1, 1999. The DEC wishes to thank everyone who participated in the process of reviewing and rewriting our regulations.

Update the Role of DEC:

The Year 2000 review of the DEVENS Redevelopment offers an opportunity for the DEC to analyze how it has performed to date. MGL Chapter 498 is somewhat ambiguous in how it treats the DEC and this is an opportunity for the DEC to review this legislation and its role within the reuse of the former Fort Devens property. One such ambiguity raised by DEC members during this process is the role of DEC as a planning entity. Issues such as the potential build-out of the Rail, industrial and Trade related district may pose problems regarding whether other rail, industrial and trade related uses can be located within Devens. The DEC recognizes that most long range plans are effectively framed for a 5-8 year period and then are generally evaluated. A plan update may be appropriate for Devens. Close coordination with Mass Development and the communities is essential to Year 2000 review and the DEC's successful exploration of its role.

The DEC responded to Municipal Outlook's (Harvard's consultant's) report evaluating the Devens redevelopment efforts by incorporating many of their concerns into the rewrite of our Rules and Regulations. As the 5 year review gets under way we look forward to exploring the DEC's role as a planning organization at Devens and to assisting the communities and Mass Development in developing evaluation tools to assess the progress made at Devens over the last five years.

Communications:

Good communications undergird the DEC goals of successful operational improvements and the determination of an appropriate role for the DEC in the next phase of the DEVENS redevelopment. Improved communications with Mass Development and with the communities is key to this concept. The DEC will take a proactive position to involve communities in the development of its regulatory environment and to communicate its accomplishments and issues. The DEC will use technology to make its mission and regulations more accessible; to that end our minutes, regulations, and other material will be placed on the web to facilitate access. Mass Development has been invited to make quarterly presentations to the DEC and the DEC will formally assign liaisons to the JBOS and Mass Development. Quarterly news conferences will be held to communicate issues before the DEC more fully to our host and surrounding communities.

The DEC is extremely pleased with the amount of citizen participation and outreach it has undertaken during this last year. Beginning with the development of its Wireless Communication Facility Regulations and continuing through the rewriting of our Rules and Regulations, the DEC invited citizen and community participation at every step of the way. DEC staff regularly attend JBOS meetings and Mass Development is invited to present updates on its activities to the DEC on a quarterly basis. The DEC has conducted outreach to the local press in the form of quarterly news briefings to familiarize them with the DEC and its role in the redevelopment of Devens. (This is an extremely important mission as folks still tend to confuse Mass Development with the Devens Enterprise Commission.) Our last news briefing included a trolley tour of Devens in early November so that the public and DEC members could inspect the projects its permitted over the past year. The DEC is in the process of developing a web page. The web page will include searchable access to our regulations, the by-laws and reuse plan, maps, minutes and news. This Town Report is produced in compliance with this DEC goal.

Financial:

How to make the DEC more cost effective without compromising its ability to accomplish its mission remains a priority for the DEC. The appropriate mix of staff, user fees and the DEC's unexplored taxation powers (in conjunction with Mass Development) all factor into this equation.

As part of our regulatory rewrite the DEC revised its fee structure to help make it more self sufficient. This was a tricky task in that we had to balance the goal of self sufficiency with that of remaining cost competitive in a world wide market place. Our conclusion is that even after the incremental fee increases incorporated into our new regulations, the DEC will need to rely on other sources of funding to remain financially viable. Chapter 498 provides the DEC with the power of taxation. This issue will be explored with Mass Development and the communities as part of the five year review. Some thoughts are being given to including a fee(tax) to cover the balance of the DEC's operating costs in Mass Development's fee (tax) structure, just as school expenses are incorporated into the town's tax bill. In early December the Massachusett's Auditor's office conducted an audit of the DEC. The DEC welcomed this as an opportunity to review its financial systems just as we have done our regulatory systems. The preliminary findings as of the time of this writing, are that the DEC's financial systems generally comply with state requirements.

Design Review:

The aesthetic environment at Devens is one of its strong points. How can the DEC work to ensure that new development enhances and is compatible with that environment? Design Review is one tool often used to formally address this concern. The DEC has made it a priority to fully explore this issue.

This remains a vital issue for the DEC. Staff completed a memo on this issue in late December and the DEC will debate it role in grappling with this issue during the next few months.

DEC Five Year Review Issues:

In addition to the DEC's need for financial security the By-laws and Reuse Plan impose a number of requirements upon the Commission by the Reuse Plan. These are listed below and will be discussed by the DEC and addressed as part of the Five Year Review.

By-Law Requirements:

II.F Innovative Development Options (this section is currently being held open). It will be flushed out in the near term as regulations for the Downtown Development of Devens (1st section) and in the longer term as possible corporate campus regulations (2nd section). Staff recommends keeping a subsection labeled reserved for future use.

XI.D.1.a Standard Devens Spill Prevention Control and Countermeasure Plan (DSPCC). The DEC is charged with developing this plan. The DEC should develop a budget and work plan, perhaps in conjunction with Mass Development, and hire a consultant to develop the DSPCC.

XI.D.1.b Prototype Integrated Pest Management Program (IPMP): The DEC is charged with developing an IPMP for herbicide and pesticide use at Devens. Again, a budget and work plan are initial steps. Various State agencies have some jurisdiction in this area and should be approached for assistance (DOA). Mass Development should be asked for assistance as Mr. Duvall is quite interested in developing such a program for Devens.

XI.D.1.d The DEC is charged with developing and conducting public education programs for businesses and industries to promote practices which will protect water resources. This is the programatic basis for our sustainability efforts.

The DEC is to be financially self-sufficient by 2001.

Other accomplishments accruing to the DEC included the recognition of the good works of various DEC Commissioners by the public. Three commissioners were honored by the Nashoba Valley Chamber of Commerce at their Second Annual Service and Leadership Awards Ceremony on Friday November 19, 1999. DEC member Hermann Field of Shirley received the Chamber's Robert W. Lewis award for exemplary volunteer service to his community and the region. The award is given to individuals who have advanced the community through their contributions of talent, time and efforts. DEC member Mary Padula of Lunenburg was recognized in the Business/Professional/Individual Award category. This award is given to a professional person who, through extraordinary effort in his/her chosen field, has contributed significantly to the Nashoba Valley Region. Ms. Padula is a former state senator with a long record of representing the region. She and Mr. Field continue their distinguished record of service to the region as DEC Commissioners.

J.P. Routhier & Sons, Inc. of Ayer was recognized in the Organization/Company Award category. This award is given to a business which has contributed significantly to the region. J.P Routhier & Sons also received an award from the US EPA Region I earlier this year for their work in the environmental field; (recycling tires as part of a landfill closure program). Company principal Paul Routhier is also a commissioner of the DEC. The entire Devens Enterprise Commission and staff joined with the Nashoba Valley Chamber of Commerce and keynote speaker Congressman Marty Meehan to extend a well deserved round of applause to its individual Commissioners who have received this recognition for their outstanding work in the Nashoba Valley. This year's recipients joined William Marshall, DEC Chairman, and Stephen Gervais who received similar recognition by the Chamber in 1998.

Respectfully submitted,

William Marshall, Chairman