Rehoboth Missed MBTA Zoning Deadline

Rehoboth was one of 12 communities to be found in non-compliance with the state’s MBTA Communities Act.

The MBTA Communities Act imposes an affirmative duty on 177 cities and towns in Eastern Massachusetts to create zoning districts where multifamily housing is permitted as of right, and non-compliance is not a choice, according to the Massachusetts Supreme Judicial Court. The deadline for compliance was December 31.

The other noncompliant communities included Carver, East Bridgewater, Freetown, Marblehead, Middleton, Tewksbury, and Winthrop.

Those communities, as well as Rehoboth, now face possible enforcement lawsuits from the Mass. Attorney General’s Office and the loss of certain state grant funding.

Selectman David Pereira noted the town’s rejection of a Multi-Family Overlay District at last November’s Town Meeting. 186 voted in favor, with 241 in opposition.

The warrant article read in part:  “The purpose of the Multi-family Overlay District (MOD) is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes: 1. To provide additional housing options for the Town of Rehoboth. 2. To provide transit-oriented housing and compatibility among allowed uses. This MOD is an overlay district having a land area of approximately 20.25 acres in size that is superimposed over the underlying zoning district and is shown on the Town of Rehoboth Zoning Map.”

The Governor’s office has warned that communities which choose not to comply with the law will lose funding from the Housing Choice Initiative, the Local Capital Projects Fund established in section 2EEEE of chapter 29; the MassWorks infrastructure program established in section 63 of chapter 23A, or the HousingWorks infrastructure program established in section 27½ of chapter 23B.

Pereira says the Town plans to explore all options. As for the penalties for non-compliance, he remains uncertain. “No one knows what the ramifications might be,” he added.