Marshfield Approves MBTA Zoning District After Passionate Debate and Legal Warnings ####

Key Points

  • Creates multi-family overlay district to comply with state law 3A
  • Passed under "reservation of rights" to continue existing lawsuit against the state
  • Non-compliance had reportedly already cost the town over $675,000 in grant funding
  • Proposed district is located along the Plain Street/Route 139 corridor

In a high-stakes decision, Town Meeting approved Articles 13, 14, and 15, establishing a multi-family overlay district to comply with the state’s MBTA Communities Act. The 363-209 vote followed a lengthy debate regarding local control versus state mandates. Town Counsel Robert Galvin informed voters that approving the zoning would not waive the town's right to continue its legal challenge against the law, which Marshfield argues is an unfunded mandate.

Motion: The planning board moves that the town vote to amend the Marshfield Town Code Chapter 3 zoning bylaw by adding a new proposed article 16 MBTA communities multi-family overlay district amending the town's current zoning map and the table of uses is set forth in article 13 to 15... under a reservation of rights by the town to receive a final determination in its pending litigation.

Vote: Passed 363-209

Proponents, including Select Board member Steve Darcy, warned that non-compliance had already cost the town nearly $677,000 in grants and risked losing control of where high-density housing could be built. Opponents, led by Steve Lynch, characterized the state law as tyranny and coercion, arguing the town should stand firm against state pressure. Ultimately, the hybrid approach—passing the zoning while continuing the lawsuit—gained enough support to pass the measure.