Marshfield Rejects MBTA Communities Zoning Proposal

Marshfield residents voted against adopting new zoning bylaws to comply with the MBTA Communities Act at a special town meeting Monday night. The proposal, which would have allowed multi-family housing by right in certain areas, failed to gain the required majority support.

The contentious Article 12 sought to create an MBTA Communities Multi-family Overlay District (MCMOD) along Route 139. It would have permitted multi-family housing at up to 16 units per acre by right under site plan review.

Town Planner Greg Guimond presented the proposal, explaining it was designed to meet minimum state requirements while limiting potential impacts. The overlay district would have covered about 84 acres, mostly on already developed commercial land.

"We're not even going to get to those numbers," Guimond said, referring to the maximum potential units. "We do not expect every commercial development on that side of 139 between School Street and High School to convert over to residential housing."

The Advisory Board recommended approval, arguing it would give Marshfield more control over potential development. Board Chair Rick Smith said voting yes would allow the town to "retain control over where and how units get built, and we continue to make an unattractive option for developers."

Select Board Chair Lynne Fidler supported the proposal.

"I truly believe that we need to be in compliance to minimize the risks," Fidler said before the vote. "Marshfield always stands up for itself, and we are tough and don't like to be told what to do. The prospect of joining a fight against the state may be tempting, but it lacks merit."

However, many residents expressed strong opposition during public comments.

"We said no the first time around and the state and the town should take no for an answer until our concerns and issues have been addressed," said John Kramer.

Some questioned the need for the zoning changes and potential impacts on town services and infrastructure. Bernie Dupuis cited concerns about increased school enrollment and traffic from recent developments.

"I'm asking if someone up there can tell me why I should believe you now," Dupuis said.

Town Counsel Robert Galvin warned that rejecting the proposal could lead to legal action from the state.

"If the town defeats this article, we'll make the claim that it's an unfunded mandate," Galvin said. "We'll make other claims that it violates the state and federal constitution."

After extensive debate, Moderator Jim Fitzgerald called for a standing vote. The article failed with 221 in favor and 418 opposed.

Following the vote, Fitzgerald motioned to indefinitely postponed related Articles 13 and 14, which would have amended the zoning map and use table.

The decision leaves Marshfield out of compliance with the MBTA Communities Act as the Dec. 31 deadline approaches. Town officials had warned this could jeopardize eligibility for certain state grants.

It remains unclear how the state will respond to Marshfield's non-compliance. Some residents called for joining other towns in challenging the law.