Residents Speak in Opposition to Multifamily Housing

Rehoboth residents voiced their concerns on the state’s MBTA law at Wednesday’s Planning Board meeting.

The MBTA Communities Act requires 177 cities and towns in Eastern Massachusetts — designated as rapid transit, commuter rail, adjacent, and adjacent small town communities — to rezone near T stops to allow for multi-family housing as of right. “As of right” means multi-family housing would be allowed to go up in the rezoned areas without special permits or other discretionary processes.

MBTA requires Rehoboth to provide 250 units “in an appropriate area,” according to Jay Talerman, the town’s legal counsel. Talerman explained there was no requirement for affordable housing in the MBTA law. “There are certain density limitations or requirements in terms of how many units are allowed by acre,” Talerman said. “And then there is total number of units that the zoning has to serve.” The deadline for compliance is December 31, 2025.

Talerman noted the state mandate was a “blunt instrument” designed to make towns comply. Future grants will be withheld from Rehoboth as a punishment. “They probably could’ve rolled this out better,” Talerman said of members of Governor Maura Healey’s administration.

“It’s very frustrating when the state comes in and says you have to do this,” said Planning Board member Lynne Ferreira.

Residents worried the construction of multi-family housing would transform the rural character of Rehoboth.

“This is a farming community,” said resident Guy Frederick. “Don’t fall for this.”

“This is outrageous,” said resident Crystal Adams. “This will destroy this town.”

Selectman Lenny Mills, also a Planning Board member, tried to reassure residents that the town will not be undergoing radical changes.

“We have to make a zone area, only a zoning area,” Mills said. “It doesn’t apply to conservation, it doesn’t apply to wildlife habitats, stuff like that. It’s only a zone change.” 

“It couldn’t be all wetland,” Talerman noted. “There has to be a reasonable chance for development. Nothing about this statute protects or exempts compliance with local or state wetlands rules, Title 5 rules, or natural heritage, which is endangered species.”

A majority two thirds vote of Town Meeting would be required to rezone an area of town for multifamily housing.

The Planning Board will first hold a vote on the issue, as well as the Board of Selectmen. A public hearing will also be held by the Planning Board.