High-Stakes Zoning Debate Looms After State Seizes $500,000 in Marshfield Airport Funds
Key Points
- Town lost $500,000 in state funding for airport equipment and $130,000 for dredging due to non-compliance
- Proposed zoning allows 1,158 units by right but includes a four-story height cap and 10% affordability requirement
- Marshfield is appealing its legal challenge to the state's highest courts despite a loss in Superior Court
- AI market analysis suggests the proposed School Street district is economically non-viable for developers
- State may appoint a receiver to unilaterally select a zoning district if Town Meeting rejects the article again
- The US Army Corps of Engineers Jetty project faces future funding risks without state grant eligibility
- Seaport Economic Council grants worth millions are currently off the table for the Harbormaster
As Marshfield prepares for a pivotal Town Meeting on October 20, local officials held a final public hearing to address the mounting financial and legal pressures of the MBTA Communities Act. Steve, a member of the Select Board speaking in his individual capacity, opened the session by outlining the tangible losses already hitting the town's coffers. He noted that the list of compromised grants has grown from three to 17, including $130,000 for river dredging and half a million dollars intended for airport security and snow equipment. Steve warned that the state’s reach extends beyond specific programs, saying, the governor's office has also indicated that they will take your compliance status into account when awarding discretionary funding as well.
Town Planner Greg Eman detailed the technical aspects of the proposed zoning overlay, which must accommodate a capacity for ,158 housing units by right. The plan focuses on a district along School Street and Route 139, specifically designed to utilize already developed land to minimize the impact on residential neighborhoods. Eman emphasized that the proposal allows the town to maintain some control over its character, explaining that the town will lose the ability to have a say in the location, density, height, and maintaining our 10% affordable housing
if the state eventually intervenes.
The legal landscape took center stage as Town Counsel Bob Galvin provided an update on the town’s ongoing appeal following a setback in Plymouth Superior Court. Galvin argued that the law essentially disenfranchises local voters by compelling a "yes" vote on zoning changes. Addressing the frustration felt by many in the community, Galvin remarked, I think everybody has a right to be upset. People should not be upset about anything that the town or fellow residents are doing at all because this isn't something that we asked for or brought on.
He suggested a dual-track approach: passing the bylaw to restore grant eligibility while continuing the legal fight to eventually rescind it if the courts rule in the town's favor.
Residents raised varied concerns, ranging from economic viability to the risk of state receivership. Diane Jordan presented a market analysis performed by artificial intelligence, which suggested that the proposed redevelopment of the Quirk building would result in a negative 6% profit for developers. Jordan argued this makes the site a strategic choice for zoning because it is unlikely to actually be built upon, stating, voting yes on this article is really our only chance of getting out of this thing
without significant new construction. Scott Dixon inquired about coastal resiliency, noting that regarding seawall funding, the only component we'd be losing is the 25% from the state.
Steve Lanus urged the board to provide clearer financial tallies for the public, saying, I think you should put some numbers in there, at least some ranges to what that kind of money, where we're risking money.
The meeting concluded with a tense exchange regarding the necessity of a repeat vote. Jackie Mason questioned the board's persistence after a previous "no" vote, asking, What are you doing different from what you're suing the state for doing?
in regards to forcing a decision. Jim Fitzgerald also cautioned against relying on federal intervention, noting his discussions with counsel about the limitations of taking a state case to a federal court
and clarifying that a trip to the U.S. Supreme Court is not a realistic expectation. Galvin warned that if the town remains non-compliant, the state could appoint a receiver to choose a district with far less restrictive standards than those currently proposed by the planning board.