Marshfield Declared Non-Compliant with MBTA Zoning Law

The Massachusetts Executive Office of Housing and Livable Communities (EOHLC) has declared Marshfield non-compliant with the MBTA Communities Act, a state law requiring municipalities served by the MBTA to create zoning districts that allow multifamily housing by right.

The town failed to submit an action plan by the state’s February 13 deadline, leading to an official notice of non-compliance from state officials. The designation could impact Marshfield’s eligibility for state grants and discretionary funding.

At a recent Select Board meeting, Chair Lynne Fidler detailed the letter Marshfield received from the EOHLC.

"Marshfield is therefore non-compliant with Section 3A," Fidler read from the letter. "The consequences of non-compliance are significant."

The Select Board had previously rejected an action plan presented by the Planning Board, which would have designated a multifamily zoning district along Furnace Brook. The proposal was voted down at two separate town meetings in 2024.

"We voted three to zero not to accept the action plan because the action plan itself was identical to the plan and the location conditions, et cetera that our town meeting voted no on," Fidler said.

State Funding at Risk

One of the most immediate concerns for town officials is the potential loss of state grants. The EOHLC letter stated that communities out of compliance with the MBTA Communities Act may not receive funding from a range of discretionary state grant programs.

"All discretionary grant programs across the Healy-Driscoll administration take compliance with the MBTA Communities law into consideration when making funding decisions," Fidler read.

Officials noted that this could impact various projects across different town departments.

"We're not just talking about 17 grants now, which is where our heads were back in December," Fidler explained. "We're talking about really big numbers. I believe I said at town meeting floor, it was going to be like 5 million give or take on the quick answer to what we were going to be dealing with."

Marshfield officials are particularly concerned about the town’s Chapter 70 education funding and potential impacts on public safety projects.

Fidler noted that the town had already seen the effects of the state’s stance on compliance.

"We have 261,000 plus that's on hold right now," she said, referring to a grant for harbor dredging. "We were pretty much told not to cash it."

Legal Options Under Consideration

In response to the EOHLC determination, town officials are weighing legal options, including requesting a formal ruling from the Massachusetts State Auditor regarding the law’s financial impact.

"We also have another item here on the agenda," Fidler said. "We were unaware when we posted our agenda 48 hours on Friday afternoon, we received that there was an unfunded mandate determination by the state auditor."

Town Counsel Robert Galvin explained that the state’s unfunded mandate law provides legal grounds for communities to challenge state-imposed requirements that come without financial support.

"If the state auditor determines that a state law or regulation creates a financial burden on the town with some direct impacts, the state auditor can rule that they're an unfunded mandate," Galvin said.

This would not automatically exempt Marshfield from the MBTA Communities Act but could provide legal leverage to challenge the state’s enforcement.

Galvin suggested that the town consider multiple avenues, including seeking state funding or filing a lawsuit.

"The legislation would be to exempt Marshfield," he said, referring to the possibility of appealing directly to the state legislature.

Next Steps for Marshfield

Despite the state's ruling, Marshfield’s Select Board remains firm in its opposition to the zoning mandate.

"This select board is not reversing our decision," Fidler emphasized. "Our decision is to stand up and honor what our residents voted on December 16."

The board voted 2-1 to request an official determination from the state auditor, to seek legislative action for an exemption, and to pursue legal options that could delay enforcement of the law.

As the legal battle over the MBTA Communities Act unfolds statewide, Marshfield joins other towns, including Middleborough and Methuen, in challenging the law’s implementation.

Residents can stay informed on future discussions by attending Select Board meetings or visiting the town’s website for updates.

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