How Boston Solved the Sprague Pond Conundrum with CPA
Written by Chase Mack
Part of the philosophy that inspired the framework of the CPA legislation was the strategic and intentional use of a very limited resource in Massachusetts – land. Protecting open space assets from over-development was a clear goal with CPA, but so was the creation of new affordable housing in areas where it made sense for the community. And while combining open space and housing priorities in one piece of legislation might have been a radical idea at the time, today it’s become an integral part of how communities consider land development opportunities. An excellent example of this multifaceted approach to land use can be found in how the city of Boston acquired a small piece of land abutting Sprague Pond—a scenic “great pond” steeped in the city’s history, but with no public access until CPA helped solve the puzzle.
Sprague Pond may not be well known to the public, but the area has a colorful role in the history of Boston. Nestled beside the Dedham line of the Northeast Corridor train tracks with an amazing view of the Great Blue Hill, Sprague Pond was designated as a “Great Pond” in 2022 by the Department of Environmental Protection. Part of this designation is directly tied to the pond’s extensive historical significance to the surrounding area. Indigenous peoples frequently utilized Sprague Pond as a fishing location, resulting in the Massachusetts Historical Commission considering the land as “archaeologically sensitive,” with the potential to contain ancient Native American artifacts. In the 1800’s, Sprague Pond housed Camp Miegs, a Civil War-era training camp and hospital where the Massachusetts 54th and 55th Volunteer Regiments trained. And sitting at the bottom of Sprague Pond lies a dilapidated locomotive that apparently toppled from the tracks and sank beneath the water almost two centuries ago.
The conundrum with Sprague Pond, however, was that the area was not set up for public access—and according to state law, Great Ponds “shall be public for the purpose of hunting or boating thereon and shall… be open to all inhabitants of the commonwealth for fishing purposes.” But Sprague Pond was almost entirely surrounded by private homes, and locals would not be allowed to cut through private property to reach the water without permission from property owners. To solve this problem, the city identified a crucial opportunity where CPA funds could be used to create access to the pond through a “friendly” eminent domain process.
Two developers had purchased this parcel of land adjacent to Sprague Pond back in 2007. Over the years, this land had been maintained as a private park, but the new owners had purchased the property with the intent of building new condos. However, even after receiving zoning approvals in 2019 and 2020 to build out the area, the owners still had not succeeded in finding a sustainable path to development. And with Sprague Pond receiving its Great Pond designation, suddenly the owners were being told that any development on the land would be restricted as a result. City planners needed a solution to avoid upsetting the property owners while creating public access to Sprague Pond—and in the end, an innovative plan came together to use CPA funding and acquire the property through eminent domain.
Eminent domain can be a controversial means for a municipality to acquire land, and Boston itself has had a troubled history with the mechanism. Years prior, the Jamaica Plain area was impacted by eminent-domain takings for an I-95 extension that never came to fruition. So as the CPA acquisition was being considered, Boston’s City Council made it clear that fair compensation for the property owners was a major priority for this project. And of course, if done correctly, acquisitions through eminent domain can have some substantial benefits for the municipality, such as clearing up any issues regarding past property titles. To demonstrate that the city could enact an eminent domain acquisition with equity in mind, they set to work on getting an appraisal for the property—and thankfully, they could rely on CPA funds for the nearly $1 million purchase price.
The city was required to follow another crucial requirement from the CPA legislation as a part of this acquisition: they needed to place a permanent conservation restriction on the property, as it had been acquired using CPA funding. In May 2023, Boston succeeded in placing the entirety of the 1.18 acre parcel under a conservation restriction held by the Southwest Boston Community Development Corporation. The details of the restriction cite the many important protections that the land will now benefit from, including public access for passive outdoor recreation, protection of the pond’s water quality and invaluable wetlands, and archaeological protections as an Indigenous Cultural Landscape.
Since adopting CPA in 2016, Boston has invested a remarkable amount of their community preservation funding into the affordable housing category—approximately $89M as of FY23, which represents over half of their total CPA appropriations. But even with the dire need for new housing production, it’s also important for municipalities to recognize situations in which available land isn’t a good fit for housing—especially when there is an opportunity to protect a rare piece of greenspace for residents to enjoy. At its best, the Community Preservation Act provides municipalities with the means to make incredible, collaborative investments into improving and protecting community assets. Boston’s Sprague Pond project is a perfect example of how to strike a balance between everything that CPA can accomplish.
Further Resources:
- Conservation Restriction on Sprague Pond Premises
- Boston City Council Order to Acquire Sprague Pond Property and Place a Conservation Restriction with CPA Funding
