John J. Slater III
Gillette Stadium – best known as the home field of six-time Super Bowl champions, the New England Patriots – also plays host to the New England Revolution, a Major League Soccer team. Both teams are owned by The Kraft Group, which completed Gillette Stadium’s build in 2002. Although the Patriots are its most famous occupants, the Revolution were actually the first to step onto its field, securing a 2-0 victory over FC Dallas in May 2002 during the stadium’s opening event.
For nearly two decades, Robert Kraft, CEO of The Kraft Group, has been trying to move the Revolution to a soccer-specific stadium closer to their Boston fan base. Most recently, Kraft has sought to develop a 43-acre parcel of land along the Mystic River in Everett. This location, however, falls within a designated port area (DPA); a state-level restriction on land use, which, if not removed, effectively blocks the new stadium’s construction.
In 2024, Kraft came close to a breakthrough. The Massachusetts Senate approved an amendment to a broader economic development bill that would have excluded the proposed stadium site from the DPA designation. This carve-out would have removed DPA restrictions affecting the stadium site without affecting the remainder of the protected area. Despite gaining momentum in the Senate, the amendment fell short when the larger economic bill stalled in conference committee, as the House and Senate were unable to reach an agreement on its terms.
Wyatt Shea
Understanding Designated Port Areas
Designated port areas are specific sites protected under Massachusetts regulations (301 CMR 25.00) to safeguard land that is crucial for maritime and water-dependent uses. The goal is to preserve certain areas for industrial activity, such as shipping, fishing and other vessel-related businesses. Massachusetts’ Coastal Zone Management (CZM) oversees the administration of DPAs, ensuring that activity in these areas remain aligned with the public purpose of preserving industries reliant on water access. There are currently 11 DPAs across the state, including the land Kraft hopes to develop in Everett.
DPAs are designed to ensure that certain coastal lands, which are particularly well-suited for water-based industrial activity, are preserved for such purposes. The regulations outline three primary characteristics of DPAs.
First, a waterway and corresponding waterfront suited for commercial navigation or other direct water-related uses. Second, backland space configured and characterized for siting industrial facilities and operations. Third, land-based transportation and public utility services suitable for general industrial activities.
As such, certain developments are deemed incompatible with DPA restrictions, such as office buildings, residential projects or even sports stadiums. While alternative developments may have public support, DPA policies emphasize the importance of maintaining these areas for long-term industrial uses, underscoring the challenges faced by projects that do not meet the criteria.
Salem Offers Example
There have been instances where DPA restrictions aligned with industrial redevelopment, as seen in Salem, Massachusetts. A former coal plant site within Salem’s DPA – which was decommissioned and demolished in 2014 – is now being transformed into a logistics center for offshore wind energy components. This new use fits within the DPA framework because it leverages the site’s waterfront access and existing industrial infrastructure, allowing the land to continue advancing protected activities.
This example highlights that DPA areas, while restrictive for certain developments, provide opportunities for industrial innovation and continuity. Thus, while converting prime waterfront locations into residential or commercial spaces is an appealing opportunity, preserving the distinctive characteristics essential to fulfilling the DPA’s purpose remains the central priority.
For now, efforts to relocate the New England Revolution to a new stadium in Everett are stymied by DPA regulations that prioritize preserving land for water-dependent industrial uses. Although Kraft and Revs fans may have hoped for a more convenient stadium location, the current legal framework has held firm, and the team will continue to play at Gillette Stadium for the foreseeable future.
If the Legislature continues to be deadlocked over the issue, Kraft will need to rethink his approach as the quest for a new home continues.
John J. Slater III is a partner in Sherin and Lodgen’s real estate department and business law group. Wyatt Shea is a paralegal in the firm’s real estate department.
