REHOBOTH — As the town considers how to comply with a state housing law, local officials and residents are working to clarify what the legislation does — and does not — require.
The MBTA Communities Act is a Massachusetts law requiring 177 cities and towns to create zoning districts that allow multi-family housing near public transportation, aimed at addressing the state's housing shortage. The zoning districts must be located within half a mile of a subway, commuter rail, ferry terminal, or bus station. The minimum density for these districts is 15 units per acre, and each community's zoning plan must allow for a specific number of new multi-family units, which varies based on the town's current housing stock.
Rehoboth, Massachusetts qualifies as one of the towns required to comply with the MBTA Communities Act due to its designation as an MBTA community because it is adjacent to towns that host MBTA services (such as commuter rail, subway, or ferry). Although Rehoboth itself does not have a direct MBTA station, it qualifies because of its proximity to neighboring communities that do.
Under the law, Rehoboth must establish at least one zoning district where multi-family housing is allowed “by right,” meaning projects in that district would not require special permits. However, town officials retain control over where that district is located and how it is structured, as long as it meets state guidelines for size and housing capacity.
Importantly, the law does not mandate that any housing actually be built. Property owners are not required to sell or develop their land, and zoning changes would apply only to the designated district — not the entire town. The legislation also does not require the addition of public transportation, such as an MBTA train or bus system, in Rehoboth.
Despite these parameters, misconceptions have circulated within the community. Officials emphasize that the state will not “build apartments everywhere,” nor will it eliminate local decision-making. Development would still depend on private property owners and developers choosing to move forward with projects.
The stakes of noncompliance, however, are significant. Town leaders note that Rehoboth risks losing access to certain state grants and funding programs if it fails to meet the requirements such as the Housing Choice Initiative, the Local Capital Projects, the MassWorks infrastructure program, or the HousingWorks infrastructure program. According to local officials, the town has already missed out on some funding opportunities and remains unable to apply for others while out of compliance.
Carolyn Panofsky, the chair of the Green Energy Committee, announced that the town had been awarded a $250,000 grant from the state, as well as $130,000 in incentives from MassSave. The committee was planning to institute energy upgrades at the police station using those grants. Panofsky explained the project would cost approximately $395,000, which would include a small contribution from the town. That money is “currently being withheld” by Governor Maura Healey due to the town’s failure to comply with the MBTA Communities Act. “If we do meet that criteria by June 30, then (the state) will release the funds,” Panofsky said. “If we don’t, then we’ll have to reapply.”
Additionally, the law is already in effect, meaning a local vote cannot overturn it. A rejection of the proposed zoning plan would only indicate that the current proposal is insufficient — not that the requirement disappears. Rehoboth is currently among a small number of communities statewide that have yet to comply.
The acceptance of a Multi-Family Overlay District failed at last November’s Town Meeting. 186 voted in favor, with 241 in opposition.
Recently, the Rehoboth Planning Board voted to forward the latest zoning plan to the Board of Selectmen for a vote at the Spring Town Meeting in June. DETAILS ON CURRENT PLAN
Krystle Adams, an opponent of the MBTA Communities Act, warned of the consequences if the zoning plan was approved at Town Meeting. “This will strain everything in this town,” Adams noted. “And the state did not do an impact study to see how it would affect us, at any point. This comes in, and it does strain our resources, the state does not say that they’re going to fund us for anything that becomes strained because of 3A. I’m sorry, but I’ll pay the bill to keep the town the way it is.”
Some residents have expressed concern that if the town does not adopt its own plan, the state could step in to enforce compliance, potentially selecting a location for the zoning district without local input.
With those considerations in mind, supporters of the proposed zoning overlay argue that approving a plan allows Rehoboth to maintain control over where multi-family housing could be permitted in the future.
Town officials encourage residents to review the proposal carefully as discussions continue. An article regarding the zoning change will be included on the Spring Town Meeting warrant.
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