- Raynham is considering a bylaw amendment to comply with the state's multi-family housing law.
- The town must create a multi-family housing district that can accommodate at least 750 new units.
- The proposed district would be split between two locations near existing Walmart stores.
- Failure to comply could jeopardize millions in state funding for town projects.
- Town Meeting will vote on the bylaw amendment on May 19.
RAYNHAM — Now it's Raynham’s turn to decide whether it will comply with the state's controversial multi-family housing law or forge a path of resistance.
At Raynham’s upcoming Annual Town Meeting voters will decide whether to amend the town's bylaws to establish a multi-family overlay zoning district to comply with the state’s MBTA Communities Act — a mandate requiring all communities with MBTA transit service or that abut them to establish a new zone for multi-family housing.
“The state is jamming this down our throat,” said Raynham Planning Board Chair Christopher Gallagher during a hearing on April 3 about the proposed bylaw change.
Gallagher and other officials said the town took a proactive approach to this issue to make the best out of a difficult situation.
“I recognize no one likes having the state tell us what to do,” said Town Administrator Gregory Barnes, but “should we not do something, the state will do it for us.”
How much new housing is required?
Gallagher said the town must provide an additional 50 acres for this district, with a housing density no less than 15 units per acre, totaling 750 new housing units for the town.
Communities battle with state over multi-family housing law
Various municipalities have engaged in legal battles with the state over this zoning mandate.
The most noteworthy is Milton, which was sued by the state in February 2024 after voters rejected proposed zoning rules to comply with the multi-family housing law. In January, the Massachusetts Supreme Judicial Court ruled that the law is constitutional.
“The courts have backed this mandate,” Barnes said.
Towns like Marshfield,Hanson, Wrentham, Middletonand Holden are suing the state over the law. They are seeking a preliminary injunction over the assertion that the state housing law amounts to an “unfunded mandate.” The state is looking to dismiss the case.
Getting expert help
Barnes said Raynham waited to see how some of the legal battles played out in court, while also seeking advice from the Southeastern Regional Planning & Economic Development District (SRPEDD), which works to increase planning, transportation, environmental protection, and housing options for cities and towns, while also meeting state and federal mandates.
SRPEDD assisted Raynham with drafting the bylaw amendment.
Proposed housing locations
SRPEDD advised the town that the overlay district doesn’t have to be contiguous land. The parcels could be separate, just as long as they meet the required total acreage.
Planning Board member Matthew Andrade said the town doesn't want to give up valuable vacant parcels of land for this required district.
The town is proposing two separate areas for the overlay district: Broadway and Paramount Drive:
- The Broadway Sub-District consists of land adjacent to the Walmart Supercenter on Broadway/Route 138. Specifically, the land would include developable land in front of the parking lot, some land on the side of Supercenter that isn’t wetlands, as well as land across the street that’s adjacent to O’Reilly Auto Parts.
- The Paramount Drive Sub-District consists of developable land located inside the parcel containing the second Walmart Supercenter in town, which is enclosed between Paramount Drive, Commerce Way, and Route 44.
“We believe we’re on pretty firm ground” with this proposal, said Gallagher.
Would the multi-family housing be affordable?
The state's multi-family housing law doesn’t mandate any of the units be affordable.
But the bylaw amendment drafted by Raynham has a requirement that all housing developments proposed for the two multi-family sub-districts include 10% affordable housing.
Building Commissioner Robert Iafrate said this is a way to maintain the town’s current “safe-harbor” status — meaning at least 10% of the housing in town is designated as affordable. That allows the town to turn down new 40B affordable housing proposals.
Maintaining some control
The state mandates the multi-family overlay district be designated “as of right” or “by right,” which mean a housing development proposal can happen without discretionary zoning or permitting approvals from local boards, and the town cannot reject the proposal.
Gallagher said SRPEDD advised the town that the draft bylaw could require site plan review for these new developments by the Planning Board.Gallagher said that while this still means the town cannot deny a housing project, having a site plan review process gives them “limited power” through the issuing of orders of conditions the developer has to meet.
“There will be barriers to entry to these locations,” said Barnes.
What if Town Meeting rejects the overlay districts?
A penalty for not complying with the MBTA Communities Act is being removed from eligibility for state grants and certain types of state aid and funding.
Gallagher said that millions of dollars in state funding and grants are on the line presently for planned town projects related to road and bridge work, several town-owned buildings, and construction of the new public safety building.
When is Raynham's Annual Town Meeting?
Town Meeting will be held on Monday, May 19 at Raynham Middle School.
The Planning Board voted unanimously to recommend the article.
