By Sara Withee
(Sept. 22, 2026) – We wrote about a Lowell data center this week, as Ayer Special Town Meeting is expected to consider a temporary data center moratorium in October. But the Lowell data center actually puts attention on two areas related to environmental permitting in Massachusetts: data centers and Environmental Justice populations.
Many Massachusetts communities have Environmental Justice populations, including Ayer and this term has come up during the senior center project, even though a senior center is much different than a data center.
Once home to Prince Pasta Company – until 1997 – the Lowell site was converted to a data center in 2016. Prince Pasta had once been a large employer of city residents. The company was known as responsive to the community, changing its train delivery schedule to reduce the noise burden for neighbors, according to a lawsuit filed by residents in April 2026.
Residents filed the lawsuit against the data center and the state Department of Environmental Protection, claiming the state failed to adequately address their concerns during permitting and that they were improperly dismissed, without an opportunity to present evidence. Mass DEP had approved an Air Permit for the data center on July 3, 2025, allowing the facility to expand.
The Lowell residents complained of noise, dust, air pollution, odor and traffic, along with the toll of surveillance cameras with direct views into backyards.
In August, a Middlesex Superior Court judge ordered the data center to pause expansion of installation and operation of four diesel generators which had not been installed yet.
The Court noted the “alleged harm is particularly concerning given that this community is an Environmental Justice population. Communities like this are often overlooked and left out of the administrative process, hence, MEPA’s requirement for enhanced public participation protections.”
According to the April 2026 lawsuit, diesel generators are triggers for asthma and other respiratory conditions.
More than one in 10 adults who live in these neighborhoods have asthma. The lawsuit specifically mentions two residents who suffer from asthma and live within a few hundred feet of the facility. One also has a COPD-like lung condition and has to use an inhaler daily now, compared to about once every five months before the data center expansion began in 2025.
Ayer Senior Center
In 2026, the Ayer Senior Center project has triggered review under the Massachusetts Environmental Policy Act (MEPA) because there are endangered species on the site, including the Blanding’s Turtle and the New England Blazing Star, a rare purple flower that blooms from late August to October. The plan was for the town to set aside 8.84 acres of land through a permanent Conservation Restriction (per this article we wrote about a meeting last month). Here is the state’s timeline for that process, according to the MassDEP environmental monitor webpage.
The senior center is proposed for town-owned land off Bishop Road in Ayer. The protected land would be adjacent to this and sit along the Oxbow National Wildlife Refuge and Bishop Road, which becomes MacPherson Road if you travel toward the Devens gate.
In addition to the endangered species, the senior center also triggered a review for Environmental Justice communities which live within one-mile and five-miles of the senior center project. We have not followed this process closely, but we have read parts of the town’s initial EENF document – Expanded Environmental Notification Form – filed with the state on June 30th. The town’s consultant reported:
Within One Mile. Ayer has 3 Environmental Justice populations within one-mile of the proposed project. Two of these meet the criteria for being minority populations and one meets the criteria for income.
Five Miles. When you look 5 miles out, Ayer has another minority population which meets the Environmental Justice criteria (so this project has 4 Environmental Justice populations in Ayer). There are also minority Environmental Justice populations within Harvard, Lancaster, Shirley and Boxborough.
Income. As for income criteria, Ayer’s median household income is roughly $92,000, coming in above the state median income of approximately $85,000. Within one mile of the senior center project, there is an Environmental Justice population with a median household income of $52,120.
Benefits. The consultant noted these residents may see a short-term impact during construction, but wrote this project will ultimately have long-term benefits for residents in terms of programs and services.
The consultant wrote, “The senior center will provide a dedicated space for older adults to participate in physical fitness programs, social activities, and educational opportunities, helping to reduce isolation and improve overall well-being. It will also serve as a centralized location for essential services addressing food insecurity, health insurance access, and financial challenges associated with fixed incomes—resources that are particularly valuable to EJ populations.”
According to the EENF submitted on June 30th, the town’s consultant attempted to hold an outreach meeting and presentation at the Ayer Library in April, but no one from the public attended.
Health Concerns
Ayer has a higher risk for heart attack hospitalizations than the statewide rate, according to the filing. However, the community falls under statewide rates for childhood blood lead levels, low-birth weight or childhood visits to the emergency room for asthma.
Because one of the Environmental Justice populations meets the Vulnerable Health criteria for heart attack, the consultant stated that construction activities will comply with Massachusetts General Law Chapter 90, Section 16A and the MassDEP Idling Reduction Regulation to limit unnecessary engine idling and associated emissions. Dust control measures will also be implemented to minimize impacts. As for noise and increased traffic, the consultant reported these will be limited in duration and will occur during active construction times. This was according to the June 30th filing.