Voters Approve MBTA Communities Zoning Over 200 'No' Votes Following Contentious Debate ####

Key Points

  • Marshfield is now in compliance with the MBTA Communities Act zoning requirements
  • The town maintains its legal appeal against the law despite the 'yes' vote
  • The Plain Street corridor was selected as an overlay district to minimize town-wide impacts

In the most anticipated vote of the night, Article 13 (linked with 14 and 15) was approved by a significant margin, bringing Marshfield into compliance with the state’s MBTA Communities Act. The articles establish a Multi-Family Overlay District along the Plain Street corridor. Town Counsel Robert Galvin introduced the motion with a "reservation of rights," asserting that passing the zoning would not waive the town's standing in its ongoing litigation against the Commonwealth regarding the law's constitutionality and its status as an unfunded mandate.

The debate was polarized, with opponents characterizing the law as a "tyrannical" overreach. Resident Steve Lynch argued, Vote no or we will punish you... that is what your government is threatening. Conversely, proponents and town officials warned of the loss of millions in state grants and the potential for a "loss of local control" if the state or developers sued a non-compliant town. Select Board member Steve Darcy presented data showing the town has already lost over $676,000 in grants for projects like the North-South River dredging and airport equipment.

Town Planner Greg Guimont and Building Commissioner Andrew Stewart argued that the chosen district along Plain Street is the "least impactful" area because it is already developed and environmentally constrained, making actual construction of the 1,158 required units unlikely. Following a motion to move the question, the article passed by a standing count of 363 to 209.

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... under a reservation of rights by the town to receive a final determination in its pending litigation with the Commonwealth.

Vote: Passed 363-209