Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston
Section 25.07 - Air Rights Projects
Current through Register 1518, March 29, 2024
An air rights project consists of the acquisition of an air rights site designated as a M.G.L. c. 121A project area. An air rights project shall be planned to insure the future stability of the airspace use and its continuing compatibility with surrounding surface and airspace uses. An area for an air rights project shall meet the statutory requisites as a blighted, decedent, or substandard area as well as the following requirements:
(1) The area has a blighting influence on the surrounding area. The applicant shall demonstrate how the existing use of land in a proposed air rights project area has a blighting effect on the surrounding area. Detrimental conditions, such as adverse influences from noise, smoke, fumes, dirt, glare, vibration, or hazards to persons, may be considered in determining the nature and degree of the blighting influence of the proposed air rights project area on the surrounding area.
(2) The proposed air rights project will eliminate the blighting influence.
(3) The proposed air rights project will be compatible with the land uses in the surrounding area and with the general plan for the locality as a whole, any relevant urban renewal plan, and any relevant M.G.L. c. 121A project development plan. The applicant shall show that the airspace uses, including platforms and access facilities on an air rights project site, shall be compatible with surface and airspace uses of the land surrounding the air rights site and that the proposed use of an air rights site shall conform to the general plan for the locality as a whole and shall be consistent with definite local objectives respecting appropriate land uses, density of development, improved traffic, public transportation, public utilities, recreational and community facilities, and other improvements. Use of such air rights site shall also conform to any urban renewal plan for the project area.
(4) The proposed rights project is economically justifiable.
(5) The provision of the air rights site is authorized by M.G.L. c. 40, § 221.
