Rehoboth Town Officials Express Opposition to MBTA Law

Town officials are vowing to fight the implementation of the state’s MBTA Law, which stipulates: “An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.”

“We have the town’s best interests at heart,” Selectman David Pereira said Monday. “I don’t want to see our town change in a dramatic way.”

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 said a parcel of land on Spring Street may be designated as suitable for 40B housing. “There are no restrictions in that overlay area.”

The matter will be presented to town meeting voters eventually. The Board of Selectmen have been consulting with the town’s legal counsel.

Some other communities have filed litigation against the state. So far, Rehoboth has not.

“We have the luxury of time. A lot of the towns (which filed) crossed their arms and said ‘we’re not going to comply one bit.’ Now they have no other choice but to litigate. We don’t have to comply with this until December of 2025,” Pereira added.