Repeal of MBTA Zoning Overlay Fails as Counsel Warns of Lost Grants

Key Points

  • Attempt to repeal the state-mandated MBTA zoning overlay failed to pass
  • Town Counsel warned that a repeal would likely be struck down by the state
  • Opponents of the repeal cited the risk to state grant funding amid a town deficit

A contentious debate over state housing mandates ended with the defeat of Article 37, which sought to repeal the MBTA multi-family zoning overlay district Marshfield adopted last year. While some officials argued for the repeal as a matter of principle against state overreach, others warned of severe financial consequences.

Select Board member Eric Kelly, who brought the article forward, spoke strongly against the state's unfunded mandate, stating, Our forefathers are probably rolling over in their graves. However, Town Counsel Bob Galvin read a letter from the Attorney General’s office warning that a repeal would likely be rejected as illegal. Residents Trisha Riley and Don Gibson urged the town to remain in compliance to protect eligibility for 17 different state grant programs.

The repeal effort failed to reach the required two-thirds majority. Consequently, Article 38, a companion measure to remove the overlay from the town’s zoning map, was also defeated without further discussion.

Motion: To amend the zoning bylaw to repeal the adoption of the MBTA overlay district.

Vote: Failed