Raynham Planning Board Recommends MBTA Multifamily Overlay District Despite Reservations

Board selects Walmart properties on Routes 44 and 138 as locations to meet state mandate

RAYNHAM - April 3, 2025 - The Raynham Planning Board has unanimously recommended approval of a new multifamily development overlay district to comply with state MBTA Communities law, despite expressing reluctance about the mandate.

During their April 3 meeting, board members voted to support placing the overlay district on parcels that include the Walmart properties on Routes 44 and 138, describing this approach as "the lesser of two evils."

"This is a mandate from the state. The courts have affirmed that as a mandate. Should we not do something, the state will do it for us," Town Administrator Greg Barnes told the board. "We're trying to be proactive here, not reactive."

The MBTA Communities law requires cities and towns near transit stations to zone for multifamily housing. For Raynham, this means designating at least 50 acres for development with a minimum density of 15 units per acre, potentially allowing up to 750 new housing units.

Planning Board Chair Christopher Gallagher explained that while the board doesn't have authority to approve or reject the bylaw itself—that decision rests with Town Meeting voters—they are responsible for making a recommendation.

"It's unfortunate. I mean, the state's, this is one thing they're jamming down our throat," Gallagher said.

The proposed overlay district was developed with assistance from the Southeastern Regional Planning and Economic Development District (SRPEDD) and legal consultants. According to board members, significant effort went into selecting locations that would create barriers to immediate development.

Vice Chair Matthew Andrade, who participated in meetings with town officials and SRPEDD, said he suggested the Walmart properties because "the barrier to entry would be higher than as if they just went at vacant land."

"I don't think any of us up here on the board really have any desire to see this happen, but this was what we felt would be the lesser of the two evils if it does get passed at town meeting," Andrade added.

The overlay district would maintain existing zoning while adding the multifamily option. Unlike many zoning changes that require special permits, developments in this district would be allowed "by right," though they would still undergo site plan review.

"We can review drainage, aesthetics, offsets, that type of thing. But it's by right. So we have to approve something that comes in front of us," Gallagher explained.

Board member P. Burke Fountain noted that the bylaw includes a 10% affordable housing requirement, which isn't technically part of the MBTA Communities law but was included on SRPEDD's recommendation.

"With the guidance of SRPEDD, we were told that they believe we can get a 10% affordable component approved," Fountain said.

Town Administrator Barnes emphasized the potential consequences of non-compliance, warning that Raynham could lose access to numerous state grants.

"Should we not do something, we would make ourselves very vulnerable to losing a considerable amount of grant monies in the future," Barnes said, noting that the total could reach $9 million. Affected programs could include fire, Council on Aging, bridge construction, public safety construction, and library grants.

Barnes referenced the recent Milton case, where a court challenge to the law ultimately failed. After Milton's initial refusal, the state legislature strengthened the mandate through emergency legislation.

"I recognize no one likes the state telling us what to do. I certainly don't like the state telling us what to do. But in this particular case, much like the ADU [Accessory Dwelling Unit law], they're mandating it and the courts have backed them up on that," Barnes said.

The Planning Board's recommendation now moves the proposal forward to Town Meeting, where it will require a simple majority vote rather than the two-thirds majority typically needed for zoning changes.

Andrade emphasized that the final decision rests with voters: "A lot of us don't want to see this happen. We're forced to pick a parcel and send it to the town for the public to vote on, so it's up to the public to show up, come to the meeting, ask any additional questions, and then the decision is in their hands."

Watch the complete meeting courtesy of the Raynham Channel.