The question of proportional allocation of Devens affordable housing is not new. Of the original 102 housing units developed under the Devens Reuse Plan, which called for 25 percent affordable units, 71 units were located in Harvard, 13 of which were affordable (18 percent); 31 units were located in Ayer, 12 of which were affordable (39 percent). Although the 25 percent requirement was met, it was not proportional. Leaving such issues to be handled by good will or regulation can have unpredictable results.

Similarly, attempts to unify the housing language for Vicksburg Square with that pertaining to the rest of Devens could have unintended consequences. All earlier language regarding affordable housing requirements at Vicksburg Square was carefully worded to qualify under Department of Housing and Community Development (DHCD) guidelines. Affordable housing within the rest of Devens (original 282 allowed) was redefined by the Devens Enterprise Commission in February 2003 by adopting Rules and Regulations CMR 5.01.4.c Residential Development, Residential Master Plan, RMP General Requirements. The regulation effectively reduced the original affordability requirement from 25 percent to 10 percent, inventing an affordable category of 120 percent of area median income for 15 percent of housing units, which is unrecognized by DHCD for inclusion on the town’s subsidized housing inventory. Unifying Vicksburg Square housing definitions in the Reuse Plan and bylaws with those for the rest of Devens should be carefully reviewed to avoid similar impact.