Redevelopment Authority is interested in securing air rights for Merchants Way

Jul 13, 2023

During its Thursday, July 13 meeting, the Redevelopment Authority discussed the possibility of securing air rights above Merchants Way as a part of its developing Urban Renewal Plan for the Wareham Village subdistrict known as WV-R1.

Air rights would provide developers the opportunity to build structures above Merchants Way while preserving the use of the road.

Redevelopment Authority Chair Dan Butler said air rights would be a “key tenant” to the strategy of drawing in developers to assist in enhancing the area.

Butler said to obtain air rights, the Redevelopment Authority would need Town Meeting approval.

Ken Buckland, director of Planning and Community Development, said it may make more sense to complete the Urban Renewal Plan and have it approved first.

Town Administrator Derek Sullivan said there are many logistical questions that would need to be addressed before bringing air rights to a Town Meeting.

Sullivan emphasized the importance of educating residents on what air rights are and what they would mean for the subdistrict.

He named some details for the Redevelopment Authority to consider that residents may want to know, including if the air rights would be for all of Merchants Way or if it would be broken up into sections.

Sullivan said with the railroad running alongside Merchants Way, the Redevelopment Authority will have to look into what restrictions there may be and how close the air rights could get to the tracks.

He added there is also the potential for fencing that may be placed along the tracks to keep people safe, which would need to be considered in the plan.

Judith Whiteside, Select Board chair and Redevelopment Authority member, said obtaining these rights may take years.

She cited Boston as an example, where it took years to secure air rights over the Mass Turnpike and even longer to choose a developer and begin construction.

Whiteside added a project like this is “dicey.”

Butler said he would like to begin educating the community about air rights and finding answers to all the logistical questions, so this discussion will be picked back up at the next Redevelopment Authority meeting.