The Planning Board took a firm stand against a Select Board-led effort to repeal the town’s MBTA Communities zoning overlay during a Monday night hearing, citing the imminent danger to critical state funding. Facing a recommendation for the upcoming Annual Town Meeting, board members warned that abandoning the district now would jeopardize hundreds of thousands of dollars in grants that the town relies on for public safety and conservation efforts.

The debate centered on Articles 37 and 38, which seek to remove the multi-family overlay district and its associated bylaw adopted just last October. Select Board member Martin, who brought the articles forward, argued that the town’s previous approval of the state-mandated zoning felt coerced. People felt the town was just going to keep bringing it forward until it passed, he said, adding, I want to give the residents one more vote and see what the citizens say. If it gets defeated, so be it.

However, fellow Select Board member Steve countered that a repeal would be premature and financially reckless while Marshfield continues its legal challenge through the Supreme Judicial Court. The way we structured the motion at Town Meeting is that if the SJC rules in our favor, the district goes away, Steve explained. If the district is repealed now, we lose eligibility for a number of grants and state funding. We currently have the best of both worlds: access to state money we desperately need while continuing our fight in court.

Resident Martin underscored the fiscal stakes, noting that the town is currently eyeing $240,000 in grants for the police, fire, and conservation departments. The grant funds that will be withdrawn—they have all the power, he warned. If these funds are gone, it makes the budget tight. The MBTA bill is the hatchet over our heads. Town Planner Karen Horn further cautioned that even if Town Meeting voters approved the repeal, the Attorney General’s office would likely reject it for being in conflict with state law. Motion Made by M. Biviano to not recommend the passage of Article 37 or 38 at this Annual Town Meeting. Motion Passed (5-0).

The financial pressure on town departments was a recurring theme as Horn presented a grim update on the municipal budget. The town has submitted an amended budget that slashes the Planning Board’s expense line by 25 percent. Despite these cuts, the department is being asked to absorb the costs of the municipal GIS maintenance contract. Horn noted that previous plans to hire a system planner and an administrative assistant were abandoned to meet the new fiscal constraints.

In addition to the MBTA debate, the board finalized recommendations for a series of zoning articles aimed at modernizing town bylaws. Articles 27 and 28 would update the Accessory Dwelling Unit (ADU) bylaw to align with recent Attorney General mandates, including the removal of bedroom limits in water resource districts and the elimination of some parking requirements near GATRA transit routes. Motion Made by M. Biviano to recommend Town Meeting approval of Articles 27 and 28. Motion Passed (5-0).

The board also moved to correct a clerical error regarding the Affordable Village density in the Planned Mixed-Use Development (PMUD) district. Article 29 would remove those units from a residential cap that had unintentionally blocked the project's completion. Associate Member Caleb Johnson asked for historical context on the site, to which Horn replied that the project was always intended to have three units per acre, and the change simply allows it to be fully developed at the density approved at Town Meeting. Motion Made by M. Biviano to recommend Town Meeting approval of Article 29. Motion Passed (5-0).

A pro-business initiative, Article 30, received a positive recommendation to streamline the redevelopment of non-conforming lots in the B2 Business District. The change allows businesses to move forward without a special permit from the Zoning Board of Appeals if their proposed use is already conforming. Chair Michael Biviano voiced strong support, suggesting the town should expand such common-sense measures in the future. I think it should eventually include single-family lots too if they are becoming more compliant, Biviano said. It’s a rubber stamp at the ZBA anyway. Motion Made by M. Biviano to recommend Town Meeting approval of Article 30. Motion Passed (5-0).

The meeting also featured an unusual request for an Approval Not Required (ANR) plan at 33 Reeves Road. Attorney Jeff Delissi described a plan to create a sliver of land less than an inch wide and 140 feet long to effectively change a lot line and resolve setback issues for a proposed accessory building. It’s an innovative way of resolving something so the property looks and feels right, Delissi said. While Vice Chair Katharine O'Donnell praised the creativity, she raised concerns about future implications. I’m not disagreeing that there’s anything to block it, but I’m wondering if this is a precedent we want to set for the future, she said. Member Nik Pappastratis sought clarification on the intent, asking, So they’re just trying to establish a piece of sideline? Horn confirmed the proposal was legal under current definitions. Motion Made by M. Biviano to approve the ANR for 33 Reeves Road as proposed. Motion Passed (4-0).

In other business, the board released a significant amount of held funds for a completed project. Motion Made by M. Biviano to release the surety for White Oak Farm Estates in the amount of $48,586.92 plus interest. Motion Passed (5-0). Two major public hearings were delayed at the request of the applicants: the Brant Rock Pavilion redevelopment was continued to June 1, while the mixed-use project at 745 Webster Street was pushed to May 18. The board also quickly dispatched two additional ANR plans, including a one-acre carve-out at 555 Highland Street and a lot line adjustment for an industrial building at 125 Commerce Way. Motion Made by M. Biviano to approve the ANR for 555 Highland Street. Motion Passed (5-0) and Motion Made by M. Biviano to approve the ANR for 125 Commerce Way. Motion Passed (5-0).