History of Sudbury Annex Re-use Proposals

Since 1990, FOCUS has been working on the cleanup of the Annex and considering its future use. For more information, see Who is FOCUS?.

A slightly different version of this information appeared in the "Sudbury Crier" this summer.

Page Contents

Considerations for Reuse
Recent Proposals for Reuse
The Land Transfer or "Excessing" Process
Loopholes in the Rule
History of South Annex in Sudbury
Additional Information on the Annex

Considerations for Reuse

One very significant point has been raised in all communities: how safe will the Annex be for future occupancy by people? The answer to this question appears to depend on which "authority" or agency is consulted and what their interest is in the future reuse of the land. One important opinion to consider is the Army's opinion, via their technical consultants:

"Use of the site in its current condition appears unlikely to pose health risks. Future use that would result in similar or lower potential exposure than indicated under the current use scenario (such as use for park land) also appears unlikely to pose a significant risk. Future use involving resident use of the RI areas and certain other areas of the installation would pose elevated risks assuming the exposure parameters and toxicity criteria used are accurate for the individuals exposed. However, such use is considered to be unlikely."

This statement can be found in the "July 1993 Draft Final Remedial / Site Investigation Report", available in the Sudbury Public Library.

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Recent Proposals for Reuse

In 1992, the U.S. Fish and Wildlife Service (F&W) conducted a study of the northern portion of the Annex to consider it for inclusion as a wildlife refuge after Army clean up. F&W determined that the majority of the acreage north of Hudson Road was suitable as refuge land based upon the existence of threatened and endangered species and extensive wetlands.

The Selectmen in Stow, Maynard, and Hudson originally supported this proposal. In late 1993 and 1994, Stow and Maynard Selectmen began discussing "redevelopment" of the Annex after clean up. Proposals for reuse included: a shopping mall, a landfill, a septic treatment facility, and residential housing. Citizens in both communities were extremely concerned and submitted a citizens' petition for town meeting consideration.

May 1994
Maynard's town meeting voted overwhelmingly in favor (219 yes, 25 no) to support a citizen-sponsored resolution directing their Selectmen to advocate for the inclusion of the Annex in the Great Meadows Wildlife Refuge. The Maynard Selectmen opposed the citizens' petition.
May 1995
Stow residents also voted to approve a similar resolution at their town meeting, again with a significant majority of town meeting voters. The Stow town meeting vote withstood an effort at overturning it by Stow Selectmen and Planning Board at a rescheduled June Town Meeting.
August 1995
Sudbury is discussing reuse options. The Sudbury Housing Authority is advocating construction of subsidized housing for the south Annex. To be viable, this proposal will require Sudbury to use the loophole in the "Excessing Process" as they did the last time this proposal was raised in 1989.

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The Land Transfer or "Excessing" Process

In recent news articles the "excessing process" has been inaccurately portrayed. "Excessing" is government-speak for transfer of property from a federal agency when that agency no longer has a use for the property. The process, while filled with numerous bureaucratic twists and turns, is fairly simple. The process has been the same for years and is very unlikely to change.

Before any land transfer can take place, the Annex must be released by EPA. This will not happen until the site is deemed as "clean" or until a final clean up plan is approved by EPA. When this happens, several years from now, the process of offering the land to different agencies begins. The pecking order for "who gets the land" is as follows:

  1. Other Army branches. The Army has informally determined that they do not want it anymore.
  2. Other Department of Defense agencies. This is very unlikely for the Annex.
  3. Other federal agencies. The pecking order of federal agencies is as follows:
    a.) "McKinney Act" Agencies building housing for the homeless. (Includes Housing & Urban Development)
     
    b.) Department of the Interior (Includes U. S. Fish and Wildlife Service and the National Park Service.)
     
    c.) Other Federal Agencies.
     
  4. State Agencies. The state has its own pecking order, determined through politics. State agencies must pay market value for land unless the state's use is for water supplies or other federally approved "public purposes".
  5. Local Government. Towns must pay market value for land unless the town's use is for water supplies or other federally approved "public purposes".
  6. Public Auction at full market value.

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Loopholes in the Rule

If the state or town presents a plan that would qualify under the McKinney Act (housing for the homeless) through Housing and Urban Development (HUD), the state or town agency can get an exception to the pecking order. In 1989, the Sudbury Housing Authority was almost successful in acquiring the southern portion of the Annex to construct subsidized housing by using this loophole. A history follows:

History of South Annex in Sudbury

In the late 1980s, Sudbury had developed a plan that would take advantage of the excessing loophole by submitting a plan to build housing for the homeless, along with an open space proposal for the rest of the land. Sudbury cited a community need for subsidized housing as a primary reason to proceed quickly. If this plan had worked, it would have ensured transfer of the Annex in such a way as to avoid the possibility of the Annex being acquired by an undesirable agency.

While Fort Devens believed the land was "clean" and had declared it as "excess", other government agencies were conducting environmental investigations at the Annex and were not communicating with the Town or Fort Devens. The following events occurred:

1983: Army conducts limited environmental testing and finds sufficient evidence to continue investigations.
 
1984: Army hires Dames and Moore to investigate Annex for contamination.
 
1985: June, 100-200 gallon PCB spill in Sudbury section of Annex. 300 gallons of PCB contaminated oil and 70 tons of soil removed. PCB spill cleanup begins. Second PCB spill in July.
 
1986: After 5 separate removal actions for the PCB spill, Fort Devens claims PCBs are removed. Additional removals were required because of contractor errors. In the end, 163 tons of soil had to be removed.
 
1986: Dames and Moore finds some contamination in Annex. PCB site not evaluated.
 
1986: Army declares Annex "clean" and excesses 289 acres, 254 acres in Sudbury. A "Statement of Clearance" was issued.
 
1988: EPA conducts Hazardous Ranking of the Annex based on Dames and Moore report and PCB spill reports. EPA recommends Annex for inclusion on the National Priority List - Superfund.
 
1989: .Sudbury Housing Authority applies to receive 70 acres of Annex for housing for the homeless. Sudbury also plans to acquire southern portion of Annex as a Public Open Space Reserve. Selectmen stated that the towns had been trying to acquire Annex land as open space for twenty years.
 
1989: EPA proposes Annex for inclusion on NPL.
 
1990: March - NPL listing is finalized - Annex is officially a Superfund site with 12 separate sites described. Army disputes the listing. Army loses dispute and fails to meet cleanup deadlines.
 
1990: Conservation Law Foundation files suit against Army for delaying Annex and Fort Devens clean up.
 
1990: May - Army retracts "Statement of Clearance" on the south Annex because of the NPL listing and new concerns about the industrial-waste type contaminants found in the leaching field site in Sudbury. Sudbury and Hudson plans are put on hold. Now there are 72 sites under investigation.
 
1990: July, Air National Guard attempts to build a military vehicle garage on the Annex in Stow. Stow, Maynard, Hudson, and Sudbury selectmen protest any development on Annex.
 
1990: October, Sudbury Selectmen submit comments on Air National Guard proposal. Comments submitted by Selectwoman Judy Cope and authored by Sudbury Conservation Coordinator Deborah Montemerlo state:
 
"...for the past 22 years (at least) surrounding communities have expressed interest in the Ft. Devens Annex property for open space purposes."

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Additional Information on the Annex

You may find additional information at the Public Libraries of each community where the Army is required to maintain a complete library of Annex documents. The best Army document for a general history of the site and environmental investigations is the Master Environmental Plan, also available at the libraries.

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FOCUS also will attempt to answer questions or direct you to the best source of information. You may Email FOCUS or use this reply form.

We look forward to hearing from you!

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