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2004 ANNUAL REPORT

Devens Enterprise Commission
 


The Devens Enterprise Commission (DEC) is a regulatory and permit-granting authority for the Devens Development Project. It is empowered to act as a local planning board, conservation commission, board of health, zoning board of appeals, historic district commission and, in certain instances, as a board of selectmen. It carries out these duties in the context of a unique and innovative one-stop or unified permitting system, which greatly streamlines the local regulatory process. The DEC consists of 12 gubernatorial appointees, six (6) of whom are nominated by the host communities of Ayer, Harvard and Shirley. Each host community also nominates an alternate member. The Commission began operating on June 22, 1995. DEC Commission members currently include Ed Hamilton, Jim DeZutter, Stephen L. Gervais, Richard Leonhardt, William Marshall (Chairman), David McKeehan, Charles McKinney, Lisa McLaughlin, John Rounds, Phillip Sidney, Paul Routhier, Paul Von Loesecke (Vice-Chairman), Marty Poutry (alternate), William Castro (alternate) and Paul V. Johnson (alternate). During 2004

DEC staff includes Director/Land Use Administrator Peter C. Lowitt and Administrative Assistant Mary Quinn plus a number of consultants. These include the provision of inspectional services that are conducted by Gabe Vellante, Wellman Parker and Bob Friedrich. Our legal and engineering assistance are covered by contractual relationships with consultants as well, the firm of Vollmer Associates providing Development Review Services for the DEC and Edith Netter & Associates continuing in their legal role. Mr. Lowitt is president of the Massachusetts Chapter of the American Planning Association and continues to serve on the boards of the Eco Industrial Development Council and is chairman of the Green Roofs for Healthy Cities Industry Association.

HIGHLIGHTS 2004

Projects:

2004 saw an increase in development activity at Devens as the economy continued to rebound. Twelve (12) Level II permits were issued in 2004, doubling the number issued in 2003. These included the NB Kenney building (60,000 sf), stormwater improvements to the GMX site on Barnum Road, Systems H2O (80,000 sf) building, Dunkin Donuts Cooperative Bakery (30,000 sf), redevelopment of a former building on Barnum Road by Loaves and Fishes (10,000 sf), reuse of Library at 155 Jackson (withdrawn), 50 Independence loading dock amendment, Golf Course Clubhouse addition, construction of detention facilities as part of road construction and drainage improvements, three garage permits to locate garages in locations other than approved in the garage master plan, and an amendment to Devens Common, moving forward a stand alone restaurant to the an earlier phase of construction, and several other minor permits.

2004 Permits

Level 2 Permits 12
Reconsideration 0
Level 1 Permits 28
Sign Permits 1
Tent Permits 5
Demolition Permits 7
Level 1 Lotting Plans 8
Septage Hauling Permits 0
Certificates of Occupancy 1 T 10
Electrical Permits 43
Plumbing Permits 11
Gas Permits 16
Transfer Liquor License 0
Liquor Permits 2
1 Day Liquor Licenses 2
Beaver Control Permits 1

Awards:

The DEC and Mass Development were recognized by NEDA (Northeast Economic Development Association) with their 2004 Project of the Year Award. Mr. Marshall and Mr. Culver jointly received this esteemed award for their respective organizations redevelopment efforts here at Devens. Congratulations to all involved!

Transportation:

The Fitchburg Line Reverse Commute working group, chaired by DEC Director Peter Lowitt, continued its work to connect Route 2 and Fitchburg Line Commuter Rail issues through regular meetings of community representatives to discuss transportation issues. These meetings resulted in a study funded by the MBTA to analyze the potential for reverse commuting and improvements to the line and the reinstitution of Express Commuter Rail Service along the Fitchburg Line. A summary of preliminary findings of existing conditions from report is worth sharing:

  • The Fitchburg Commuter Rail Line is the longest line in the system.
  • It has the highest number of zone 8 and zone 9 stations of any line.
  • It has the highest number of stations
  • The highest average AM Peak Travel Time (1:29')
  • The least number of parking spaces
  • Lowest daily passenger boardings (fewer spaces = fewer passengers)
  • Fewer trains per day

Interesting information which sets the stage for improvements to the regions' commuter rail service. The Report is nearing completion and a number of recommendations are proposed which should benefit the region. During 2004 the Devens Transportation Management Initiative was put on hold. An analysis of why this program did not work at this time is needed.

Communication:

Historic ovals (attachments to street signs to help bring to life the history behind the Street's names) were installed as part of the DEC's public education efforts. Devens has a lot to be proud about and to share with our surrounding communities and the Commonwealth. This effort is designed to help connect visitors and residents with the former post's history.

After the Devens Common public hearings in 2003 the DEC held a workshop with staff and counsel to evaluate its performance and to learn from the experience. The Commission decided to develop and communicate its hearing procedures to the public. A brochure was produced and is available at public hearings, information on hearing procedures, public hearings, meetings and legal notice issues are all being posted on the DEC web site, www.devensec.com under frequently asked questions (FAQs), joining our existing information on historic district issues.

The DEC's main means of communicating with the public remains its web site, www.devensec.com, where its meeting and hearing dates are listed, as are the agendas and minutes from recent meetings. Records of Decisions from various Unified Permit applications are also listed to illustrate the permitting process through concrete examples. The Devens Common Unified Permit Record of Decision is currently listed on the site.

Disposition:

The DEC, through its Chairman and Vice Chairman, William P. Marshall and Paul Von Loesecke, actively participated in the actions of the Devens Disposition Steering Committee and the disposition process as it unfolded in 2004. Mr. Marshall served as chair of the Disposition Process Steering Committee and continued on as chair of the Devens Disposition Executive Board. Many DEC Commissioners participated in this process, some continuing to serve on the Joint Boards Of Selectmens' working groups - open space and recreation (Commissioner Rounds), finance and development (Commissioner Von Loesecke), transportation (Commissioner Routhier), and housing (Commissioner Sidney). The DEC staff and commissioners continue to serve on these committees as they changed into committees serving the disposition process. The DEC has both a statutory responsibility and an inclination to participate in these working groups to better understand and accommodate the needs of our residents and the host communities.

Sustainability Efforts

Devens work on Sustainable Development and the DEC's EcoStar program continue to receive worldwide recognition. Mr. Lowitt presented case studies on Devens Sustainability efforts to audiences in Thailand, Vietnam, Canada, Minnesota, and Massachusetts during 2004.The focus of the DEC's current sustainability efforts remains our EcoStar program, which will be launched on January 26, 2005.

  • What is the EcoStar program?

    EcoStar is an environmental achievement and branding program currently under development in Devens, MA by a steering committee of citizens, business representatives, government officials and environmental advocates. The program is designed to provide technical assistance and recognition to local businesses and organizations that become leaders in the implementation of pollution prevention initiatives. Companies participating in the EcoStar program commit to continuous environmental improvement that goes beyond compliance and develop partnerships to support achievement of EcoStar goals. These businesses will focus on waste and toxics use reduction, water and energy efficiency, recycling, purchasing of environmentally preferable products and other sustainability efforts. The EcoStar program encourages collaboration between firms to increase efficiency of resource use and support environmental protection. Underlying the program design is the concept of "industrial ecology", which envisions organizations linking together to exchange materials, energy and information in a way that reduces waste and increases materials and energy efficiency.

    Businesses located at Devens and in Ayer will be invited to join the EcoStar program and work towards meeting 15 environmental standards. A key component of the program will be technical assistance provided to businesses, including workshops and on-site assistance. Informative workshops will be held to prepare businesses to meet each of the standards, eight (8) have been scheduled for 2005. At these sessions, businesses will be encouraged to network with other companies and find opportunities to improve efficiency. When businesses achieve their EcoStar, they will receive public recognition for their efforts and be eligible for other program benefits. Prior to program launch six (6) firms have become EcoStar members.

  • Progress made during 2004:

    During 2004, the Steering Committee made significant progress in developing educational and marketing materials for the program. The educational materials consist of a workbook, The EcoStar Action Guide, that includes a two to four page description of how to achieve each of the 25 environmental standards that form the foundation of the program (businesses are required to meet 15 of 25 standards to be considered an "EcoStar achiever"). In addition, the Steering Committee completed a program brochure and a series of workshops.

Financial self-sufficiency:

The Legislature instructed the DEC to become financially self sufficient and stopped funding the DEC in 2000. Since then the DEC has undertaken a number of studies to establish a program of taxation to offset the loss of state funding. A taxation plan was submitted to the Department of Revenue and Administration and Finance per Chapter 498 of the Acts of 1993. We heard for DOR that they would accept only one tax bill for Devens, not two as Chapter 498 allows. The DEC continued its efforts to cooperate with Mass Development around issue of raising taxes to help cover DEC's operating costs and secured an agreement memorialized in a Memorandum of Understanding a Joint Plan of Taxation for Devens. It earmarks two percent of all taxes and funds from the 29 special agreements or taxation/fee programs with existing firms at Devens. Additionally, Mass Development agrees to maintain the DEC's $250,000 cash reserve. In March of each year the DEC forecasts the size of its reserve as of June 30 of that year. If it is forecast to fall below 250,000, then Mass Development agrees to make the reserve whole. The DEC has reduced our operating surplus from over $900,000 to $400,000 over the past three years. The DEC's main source of funding is the collection of permit fees, which reflect the level of development activity at Devens. The rational for building up a surplus has always been the cyclical nature of development activity. We have been in a trough the last three years and the first half of this fiscal year (FY 04-05) has seen limited level II permit applications. The DEC is pleased to announce that our audit for 2004 has been completed in a timely manner and that our auditor has issued a finding of no material findings.

Respectfully submitted to each town for their respective Town Reports:

Commissioners from Ayer (named) Harvard (named) Shirley (named)

Annual Report to be added to DEC News and Events web page and mailed to host communities press once approved by Commission.


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