Articles related to MBTA Communities Law compliance will be taken up early in the evening. They're listed as Articles 13, 14, and 15.
Article 4 passes.
We're now hearing an overview of Article 29, which is a bylaw update on stormwater management. The article passed.
We're now onto the MBTA Communities Law articles. A statement from the Town Counsel being read said that the town reserves its rights in any pending lawsuit regardless of how the vote tonight goes.
Selectboard Member Steve Darcy is currently presenting information on the proposed MBTA zoning district. He noted that 10 other communities, including Marshfield, challenged that law, stating that it is an unfunded mandate. Marshfield is currently appealing a judge's decision.
According to Darcy, Marshfield has lost $677,000 already in state grades because of noncompliance. It has also lost $1.5 million that has now been referred to the town's Community Preservation Committee.
The Advisory Board voted in favor to recomend the article to town meeting.
Resident Steve Lynch says residents are voting this for the third time because the town planning board is "slapping residents in the face" by brining forward the MBTA proposal again. He called the law a "clear act of tyranny." There's loud applause in the room after his comments.
Resident: "Pass the damn law and get on with our lives. We don't have to build anything there...Relax your shoulders, we will note die if we do what the state has asked us to do."
"This issue has not been brought up repeatedly as a how of disrespect to town voters," said Katharine O'Donnell. "I'm voting yes on this because I want to see zoning remain under local control. To me the choice is clear, a yes vote means far more control than a no vote."
Depsite requests of Town Moderator Jim Fitzgerald, audience members are applauding after both those who support and oppose the articles speak.
Marshfield lost $676,500 in grants this year because of noncompliance, including funding for preschool programming and security at the Marshfield Airport. The Town estimated that it is no longer eligble for $2.795 million in grants it has historically won.
Three speakers have indicated that they believe town officials are presenting false information to voters. This seems to be focussed on the description of how the legal process of zoning appeals would work if town meeting votes no on the articles.
Town counsel is now speaking to a strategy in which Marshfield voters approve the articles, regaing access to state funding, and then continue with the lawsuit. Voters could repeal the law at a later town meeting. "If we win, the law is void."
According to legal decision from the Massachusetts State Supreme Judicial Court "A town is not an independent sovreignty. It is a subordinate agency of state government, a creature of the Commonwealth."
A motion has been made and approved to move the question. What comes requires a majority vote.
A standing vote is being taken.
363 votes were counted in favor of the articles. The no votes are now being counted.
The article passes. It's clear that most folks were here for this because the room is quickly clearing out. The vote means that Marshfield has now updated its zoning to be compliant with the MBTA Communities Act.
Article 23 passes.
Article 5 passes.
Town officials are now fielding questions on plans to spend free cash, which is suprlus funds from the previous fiscal year.
Article 24 passes.
Article 25 passes.
Article 10 passes.
