SENATE DOCKET, NO. 573        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 939

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act incorporating the town of Devens.

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PETITION OF:

SENATE DOCKET, NO. 573        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 939

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1025 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act incorporating the town of Devens.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. The defeat of the Devens Disposition Executive Board (DDEB) 2B disposition proposal of 2006, and the subsequent years of redundant local study by the JBOS, indicates that reaching a disposition resolution at a local level is virtually impossible. This is just cause for the Legislature to intervene and create a fair and equitable disposition decision.

Section 2. The 2009 defeat of the Vicksburg Square Rezoning proposal further demonstrates that reaching a disposition resolution at a local level is virtually impossible. This is just cause for the Legislature to intervene and create a fair and equitable disposition decision.

Section 3. Chapter 498 governing the DREZ provides a 40 year time frame for disposition; however, it contains no incentives or penalties for the Host Towns to reach any decision. The absence of motivation is clearly responsible for the past 10 years of inaction and defeat. This is just cause for the Legislature to intervene and create a fair and equitable disposition decision.

Section 4. The uncertainty following the above actions and continued lack of leadership by the JBOS jeopardizes the future development of Devens in accordance with Mass Development’s overall plans, including the Smart Growth initiatives for future housing for both Devens’ industry employees and regional citizens. This is just cause for the Legislature to intervene and create a fair and equitable disposition decision.

Section 5. Any legislative decision resulting from Sections 1, 2, 3 and 4 should be based on protecting and promoting the State’s investment in developing Devens, an investment that the Host Towns would devastate if allowed to divide the DREZ. For industry in particular, it would remove the uncertainty of not knowing which governmental entity would have future jurisdiction over their industries’ sizable investments in Devens.              

Section 6. All DREZ property, including Core Devens, shall be incorporated into a town by the name of the Devens, as defined by maps in the DDEB documents. Said town of Devens would hereby be invested with all the powers, privileges, rights and immunities, and subject to all the duties and requisitions to which other towns are entitled and equipped by the constitution and laws of this Commonwealth.

Section 7. The method and timing of Devens’ incorporation as a town could be described by a modified version of the language in the original DDEB agreement reports.

Section 8. It is vitally important that the investments by residents in the DREZ be recognized and protected by maintaining the integrity of the present Devens community which has been created over the past 10 years.

Section 9. These actions shall be phased in over a 10 year period to allow population growth sufficient for self-government. These actions shall take effect on passage of this petition.