When Marshfield voters gather for Special Town Meeting on Monday, October 20, one issue will take center stage: whether the town should comply with the state’s MBTA Communities Act. The law requires communities served by the MBTA to create zoning that allows multi-family housing near transit.
Town Moderator Jim Fitzgerald said the debate will be among the most closely watched of the night. “I think this is going to be a lively discussion,” he said, noting that both supporters and opponents are expected to attend in large numbers. “We’ll try to give everybody a good chance to say what they want to say. We’ve had this discussion two other times, so we’ll try to keep it as brief as it reasonably could be.”
Town Counsel Robert Galvin explained that the topic has returned to the warrant because of new legal developments since residents last voted on it in December 2024. “The town last voted on December 16, 2024,” Galvin said. “Since that time, the Supreme Judicial Court decided the Milton case in which it ruled that the MBTA Communities law was constitutional.”
According to Galvin, that ruling, issued in January 2025, clarified that the state could enforce the law beyond the threat of withholding grant funds. The court also struck down the state’s initial housing guidelines because they hadn’t followed proper rulemaking procedures. “Six days later, they enacted those guidelines as emergency regulations,” Galvin said. “They took public comment and those guidelines became permanent.”
In February, Marshfield filed suit challenging what it viewed as an unfunded mandate. “The state auditor determined that the act constituted an unfunded mandate,” Galvin said. “We filed a lawsuit, but on June 4 the Superior Court in Plymouth County dismissed the case.” He said the town has appealed and requested that the Supreme Judicial Court take direct review.
Despite the pending appeal, Galvin said the Attorney General’s Office has warned that enforcement actions will begin in January 2026. “With all those changes in circumstances, the matter is back on the warrant to give people the right to decide whether they’ve changed their mind or not,” he said.
Fitzgerald emphasized that while residents previously voted against compliance, the legal landscape has shifted. “People said no before based on the conditions that were understood at that particular time,” he said. “The conditions have changed.”
Both officials encouraged residents to review the planning board’s presentation before the meeting. Fitzgerald said he intends to move the MBTA articles—Articles 13, 14, and 15—to the start of the agenda so voters can address them early in the evening. A resident motion to indefinitely postpone the measure may also be introduced. “If that comes up, I’ll take that motion,” Fitzgerald said. “If it passes, the articles will be postponed. If not, we’ll get into discussion.”
While housing will likely draw the biggest crowd, the meeting will also take up several other notable items.
Article 7 seeks voter approval to fund a roof replacement at Martinson Elementary School. The $7.4 million project would be reimbursed in part by the Massachusetts School Building Authority. “It’s not an override,” Fitzgerald said. “A debt exclusion is a specific project override, it’s only for a fixed period of time.” The school’s roof, last replaced in 1998, has been identified as a priority repair under the state’s Accelerated Repair Program.
Residents will also consider a new contract for the town’s firefighters, ratifying a three-year agreement retroactive to July 2023. The $1 million appropriation would cover contractual obligations for the current and past fiscal years.
Article 9 proposes the purchase of 18 acres in North Marshfield for open space and affordable housing. Galvin said the acquisition would protect environmentally sensitive land while creating one affordable unit. “It will preserve a pretty sensitive habitat area,” he said. Fitzgerald added that the purchase would “continue the conservation land that’s already there and enable us to put a little bit of a limit on growth.”
Additional measures include the expansion of South River Park, funding for renovations at the Daniel Webster Law Office and Museum, and the purchase of property on Old Colony Lane to prevent the development of a proposed heliport.
Residents will also act on unpaid bills from prior fiscal years, a 2 percent raise for non-union employees, and the establishment of a special education reserve fund, a proposal from the school committee that would allow limited spending on unexpected costs with approval from both the board and committee.
With the warrant spanning 18 articles, Fitzgerald advised residents to arrive early. “We’re expecting a crowd,” he said. “If we can finish in one night, great. If not, be prepared to come back Tuesday.”