Is the proposed Transfer Development Rights Bylaw  good for the residents and Town of Wareham?

Apr 13, 2014

To the Editor:

Transfer of Development Rights (TDR) is a zoning tool that involves transferring development rights for single-family homes from residential “sending” parcels located in sensitive areas to residential “receiving” parcels located in less sensitive areas that are well suited to higher density development.

According to the Smart Growth/Smart Energy Toolkit issued by the State of Massachusetts for Transfer of Development Rights, it is strongly recommended that, before a community adopts a TDR bylaw, a real estate market analysis be completed.  Demand for growth is necessary for TDR to succeed, and a market analysis determines market strength.

While the Wareham Planning Board is asking Town Meeting to adopt a Transfer of Development Rights bylaw, it did not complete such an analysis. In Wareham, there are approximately 87 homes for sale that are in some phase of foreclosure. There are approximately 264 other homes for sale in town. Many of the total 351 homes for sale have remained on the market for well over a year.  Does this sound like there’s a strong demand for residential growth in Wareham?

The proposed bylaw would increase the density allowed in almost all residential areas in Wareham by decreasing the minimum lot size to 5,000 square feet!  This means that, in the most populated residential zone, R-30, which currently requires a minimum lot of 30,000 square feet for a single family home, the allowed density would be increased by 500 percent.  Allowed density in other residential zones would be increased as follows: MR-30 by 500 percent, R-43 by 700 percent and R-60 by 1100 percent.  This would be a huge bonus for developers and create huge headaches for Wareham’s services.

Plus, if you currently own property in any of the “sending” areas, you would not be able to take advantage of the bylaw by selling your development rights unless you own at least five acres.

The proposed bylaw provides that the Planning Board may grant a special permit for the transfer of development rights upon its own determination that the benefits of the transfer outweigh the detrimental impact the proposed development would have on abutting lands, neighborhoods or the Town of Wareham. You have to wonder what the Planning Board would consider a benefit to a developer that would outweigh the quality of your life.

It makes you wonder, who wrote the proposed bylaw?

Town Meeting needs to reject what is not in the best interest of residents.  Bylaws should benefit and impact everyone equally, rather than convey more benefits based on how much land you can leverage to exploit the property of others.

Before Wareham undertakes something that will impact the town permanently, it needs to consider the consequences. Please read the proposed TDR bylaw on the town website. Contact members of the Planning Board and ask them questions to see how much they understand what they are proposing.

Understand that this proposed Bylaw may very well adversely affect the value of your home and the characteristics of your neighborhood and our town.

Then, make an informed decision.

Ed Pacewicz