Rehoboth Selectmen Vow to Remain Neutral on Zoning Change

The Board of Selectmen have pledged to remain neutral regarding a proposed change to the town’s zoning bylaws which, if approved by voters at Tuesday’s Spring Town Meeting,  would create a Multi-Family Overlay District.

“We’re not going to individually get up and tell people what to do,” Chair Skip Vadnais said on May 26.

Selectman David Pereira, who has been vocal about his opposition to the MBTA Communities Law, said “nothing has really changed.”

“The only thing that has changed is the state said ‘if you don’t pass it this time, we’re going to go to litigation, so they’re going to sue us just like they’re suing the other (towns),” Pereira noted. “It’s not a matter of whether we like it or not, it’s a 3a law set forth by the state that’s deemed lawful and constitutional and it’s not considered an unfunded mandate regardless of what people want to say. It’s going to happen one way or another unfortunately.”

The purpose of the Multi-family Overlay District (MOD) is to allow multi-family housing as of right in accordance with § 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.

The acceptance of a MOD failed at last November’s Town Meeting. 186 voted in favor, with 241 in opposition.

The Town of Marshfield is still fighting the state.

According to the Town web site: “The Town of Marshfield is seeking to void the law on constitutional grounds (Town Meeting cannot be compelled to vote to approve zoning bylaw) and seeking an exemption from having to implement the law on the basis of an “unfunded mandate”.

“Marshfield has been punished by the state and deprived of access to all grant funds in Section 3A and all other discretionary grant funds, including a Seaport Economic   Council grant awarded in December 2024 for the dredging of North and South Rivers.”

Vadnais told Town Moderator William Cute of his intentions to ask the town’s legal counsel, Jay Talerman, to update the voters on what’s happening with the MBTA Communities Law.

“A lot of water has gone over the dam in the state since the last time we met,” Vadnais added. “There’s been legal decisions that have been made, there have been appeals that have been made. I think it’s your decision (to let Talerman speak) if it will benefit the assembly.”