Letter from Town of Seekonk Planning Board

Planning Board
100 PECK STREET
SEEKONK, MASSACHUSETTS 02771
1-508-336-2961


The Commonwealth of Massachusetts, through the Executive Office of Housing and Equitable Living (EOHEL), has adopted Compliance Guidelines for Multi-family Housing Districts directly impacting the zoning by-law provisions for multi-family housing of communities throughout Massachusetts, including Seekonk. The guidelines were developed in response to the ongoing housing crisis throughout the Commonwealth. Specifically, the legislation amended Section 3a of The Zoning Act, MGL Chapter 40A, to require that:

“MBTA communities have a zoning by-law that provides for multi-family housing without age restriction as of right in at least 1 zoning district of reasonable size and providing for a minimum 15 units per acre.”

Seekonk is subject to the guidelines as a statutorily defined MBTA “adjacent” community.

Under the guidelines, adjacent MBTA communities such as Seekonk must adopt a compliant multi-family zoning district and by-law, by December 31, 2024; as well as maintain compliance, in order to maintain access to the Housing Choice grant program, Local Capitol Projects Fund, or Massworks funding opportunities. Beyond loss of access to these specific grant funding mechanisms it is foreseeable that compliance with the guidelines will also be a scoring factor in making award determinations in many, if not all, state, and potentially regional level, grant programs.

In consideration of the Town’s current multifamily zoning provisions, Section 6.4 Multifamily Development Overlay District (MDOD) of the Seekonk Zoning By-law and concentrations of existing multifamily development; the town is well positioned to achieve and maintain compliance with the guidelines. Compliance can be achieved through modification the existing MDOD language and boundary to “take advantage of” currently existing, and approved, multi-family development in Seekonk. Under the guidelines, the number of multifamily dwelling units that Seekonk’s district(s) must provide capacity for is 750 units. It is important to note that the guidelines are a mandate to provide adequate future capacity for these units and not a mandate to construct them. At the mandatory minimum density set by the guidelines of 15 units per acre, that translates to an overlay district of 50 acres of developable land.

In response to the guidelines, the Planning Board developed a compliance plan which was adopted by the Select Board in early 2023 and the Planning Board presented zoning amendments intended to bring the zoning by-law into compliance with the regulations at Town Meeting earlier this year. The amendments sought to amend the Town’s existing Section 6.4 Multifamily Development Overlay District (MDOD) comply with the guidelines, expand the bounds of the MDOD to include additional areas where either multifamily housing already exists or where it has already been approved, and facilitate mixed use development by right in the highway business consistent with the compliance plan. Unfortunately, and after a number of misinformed statements were made during discussion of the warrant article as to whether the guidelines applied to Seekonk (which by the plain language of Chapter 161A MGL Section 1 they unarguably do) and conflating the need for a district with the capacity to provide a certain number of units as called for in the guidelines versus the actual ability to construct that number units given existing infrastructure, the motion to adopt the amendments failed.

Subsequent to the Spring Town Meeting, the Town has engaged the regional planning agency SRPEDD, through the Mass Housing Partnership to review the proposed MDOD district for compliance and support public outreach effort ahead of presentation of the revised amendments and overlay boundaries at Fall Town meeting. The Planning Board is finalizing its revisions to the MDOD language based on SRPEDD’s review and recommendations and the feedback received in May. It is expected the Planning Board will present a reduced expansion of the MDOD boundaries to only include the parcels comprising the existing Green Brier I development and approved Green Brier II “40B” which, per SRPEDD analysis will achieve Seekonk’s compliance goals under the EOHEL’s guidelines. The Planning Board is of the opinion that such an approach will result in a zoning by-law in conformance with the EOHEL guidelines retaining the town access to and competitiveness in state grant funding programs, while not risking the introduction potential of high-density multifamily development in areas of town where it does not currently exist or has previously ben approved. It is hoped that the above, as well as, the Planning Board’s and Select Board’s formal public review of the proposed language will help the elector at Town meeting reach a similar conclusion.

Additional information on the EOHEL guidelines and proposed amendments can be found on the Planning Board’s homepage on the town website www.Seekonk-ma.gov  or by contacting the office of Planning and Zoning.


Thank you.

John J. Aubin
Town Planner