Controversial MBTA Communities Zoning Returns Following SJC Milton Decision
Key Points
- - The zoning bylaws return following an SJC ruling that the state mandate is constitutional.
- - Marshfield faces potential enforcement action by the Attorney General in January 2026.
- - A motion to indefinitely postpone may be made by a citizen at the meeting.
Articles 13, 14, and 15 bring the MBTA Communities Act zoning bylaws back to Town Meeting for a third time. The articles propose creating a new multi-family zoning district to comply with state law. Town Counsel Robert Galin noted that significant legal changes have occurred since the town last voted "no" in December 2024, including a Supreme Judicial Court (SJC) ruling that the law is constitutional and mandatory.
Marshfield currently has an appeal pending in the Superior Court, but Galin warned that the Attorney General intends to begin enforcement actions in January 2026 for non-compliant towns. The matter is back on the warrant to give the people the right to decide whether they've changed their mind or not,
Galin said. Town Moderator Jim Fitzgerald noted that a private citizen might move to "indefinitely postpone" the articles, but he plans to allow the Planning Board to give a full presentation before entertaining such a motion.
Motion: No motion yet; preview of upcoming meeting.
Vote: No Vote