Who pays for the Supermarket Overpass?

[Pete from Boston]

Tonight lanes on the Mass Pike were taken, police details were out in
force, and workers were repairing the Supermarket Overpass (news-radio-
speak for the Shaw's standing on pillars above the Mass Pike in
Newton, for the unawares). They seemed to be patching the concrete
exterior.

This got me wondering, who pays for the maintenance of this building
-- the Mass Pike, or Shaw's? My understanding is that when it was
built, the Turnpike Extension required the taking of the Newtonville
Star Market parking lot, so as a compromise the Turnpike Authority
built them a new store over the highway so the site of the former
store could be used for parking.

It would seem that nowadays, with size being so important to
supermarket success, this would not be all that viable a store.
Adding the high cost of maintaining a structure over an Interstate
highway, and this becomes a very questionable economic choice of where
to locate a supermarket.

[KML271]

Here's what it says at the Wikipedia article on the Massachusetts
Turnpike:

Air rights

The MTA has leased much of the air space over the highway east of Exit
15; these are the current[when?] structures that have been constructed
or are planned:[21]

* The Shaw's Supermarket between exits 16 and 17.
* The Crowne Plaza and Gateway Office complex in Newton Corner at
exit 17.
* The Copley Place Mall at exit 22. (1984)
* The new One Beacon development at parcel 9, between Beacon st
and Brookline Ave., including a 23 story apartment complex and mixed
use development.[22]
* New construction on parcels 8, and 10 adjacent to Fenway Park.
(2008–2018)
* Near BU Bridge, Boston University announced long-term plans to
extend its campus over the highway[23]

There is one major air rights property that the MTA does not own and
that is the Prudential Center Complex constructed beginning in 1965.
This property includes a Shaw's Supermarket, the Prudential Tower
office and residential buildings, the Shops at Prudential Center mall,
the Hynes Convention Center and the Back Bay MBTA station.

[Nathan Perry]

In article
<b6f9652e-bd00-4f64...@y11g2000yqm.googlegroups.com>,
KML271 <kml...@gmail.com> wrote:

So, although that doesn't specifically answer the question, we can
speculate that the building owners are responsible for upkeep of the
structure, and I can only assume that the Turnpike (now Mass DOT) has
authority and oversight over the safety and integrity of the supporting
structure, if not actual direct responsibility.

But that's just an uninformed guess!

[rsh...@gmail.com]

On Sep 27, 11:01 am, Nathan Perry <npe...@rochester.rr.com> wrote:
> In article
> <b6f9652e-bd00-4f64-bada-f977e6f6b...@y11g2000yqm.googlegroups.com>,

> But that's just an uninformed guess!- Hide quoted text -
>
> - Show quoted text -

why don't one of you contact the Tpk Authority for the correct
answer????

It is not like it will cost you

[John S]

It depends on how the lease/easements are written. It is likely the
Turnpike's responsibility (the store may pay a lease for the air rights
which might include maintenance costs) but I am speculating. There was
a similar legal question further east in another overpass that supports
the Prudential Center complex a few years back. The issue of structural
integrity over I-90 became a very visible issue at the same time when a
piece of cement collapsed on the roadway even further east of there.

[John S]

Clearly you have not tried to contact the Turnpike for anything in
recent years......

[rsh...@gmail.com]

On Sep 27, 8:13 pm, John S <joh...@no.spam> wrote:

> recent years......- Hide quoted text -

>
> - Show quoted text -

what are the newspapers doing???

[John S]

The big broadsheet in Boston is busy campaigning for the governor.

[rsh...@gmail.com]

> > to locate a supermarket.- Hide quoted text -

>
> - Show quoted text -

By means of clarification, there is no longer a Tpk Authority.
It is District 6 of the Mass DOT

I just called them. They promised to get back to me

BTW the store dates back to the initial Boston Ext const. I forget
what it was, I know it is Shaws now

Also as far as "air rights" there is that Sheraton Hotel over the Pike

[rsh...@gmail.com]

On Sep 27, 8:12 pm, John S <joh...@no.spam> wrote:

> > to locate a supermarket.- Hide quoted text -
>
> - Show quoted text -

It took all of 20 minutes.

Dist 6 just returned my call.

All structural elements of the air rights are the responsibility of
the store or other entitly occupying the space