Duxbury Finance Committee Recommends MBTA Communities Overlay District
Committee votes 8-0 to recommend compliance plan that targets existing multi-family housing areas to meet state requirements while minimizing new development
DUXBURY - May 20 and 22- The Duxbury Finance Committee has unanimously voted to recommend a zoning bylaw amendment that would create an MBTA Communities Overlay District, a move designed to comply with state requirements while minimizing potential new housing development in town.
The committee voted 8-0 during its recent meeting to recommend Article 1 of the upcoming Special Town Meeting warrant, which proposes adding Section 440 to the town's zoning bylaws and amending the zoning map to include the new overlay district.
The MBTA Communities Act requires Duxbury to zone at least 50 acres for multi-family housing. The town's working group has developed a strategy that focuses on areas where multi-family housing already exists.
"We tried to come up with a plan that would not produce building of really housing or make it very difficult to do so," explains Megan Driscoll Greenstein, a member of the MBTA working group. "We took the approach of trying to zone properties where multifamily housing already exists."
The plan identifies two sites for the overlay district: the Village of Duxbury and Island Creek. Both locations already have multi-family housing, making them strategic choices for compliance without encouraging significant new development.
"The village, because of the size of it, because of how close we made it with the density, seemed to be the one that made the most sense," Driscoll Greenstein says. "This was the one that was really like a guarantee not going to be built."
The working group emphasizes that at the Village of Duxbury site, the overlay would maintain the exact same density that currently exists. If a developer were to purchase and redevelop the property, they could only build the same number of units already there.
At Island Creek, while there is theoretical potential for additional units, the site faces significant constraints. The property is at or near capacity for its wastewater treatment system, making additional development costly and unlikely.
The committee heard that 152 out of 177 eligible communities across Massachusetts have already passed MBTA Communities Act compliance measures. Duxbury is among approximately 30 towns that have not yet complied.
Non-compliance puts state grants at risk. Initially, the state identified four grant categories that would be withheld from non-compliant communities, but that number has expanded to 17 state grants.
"We now would be eligible for 17 state grants and they all kind of fit under categories of upgrading infrastructure, protecting areas from storms and flooding," Driscoll Greenstein explains. "There actually is infrastructure projects related to schools now."
The committee learned that Marshfield, a non-compliant community, recently lost a quarter-million dollar grant. For Duxbury, sidewalk projects are among the initiatives that could be jeopardized without compliance.
"The sidewalk project, everybody's familiar with it. It took us 20 years to get these sidewalks in Washington Street," Driscoll Greenstein notes. "Their initial grant is $500,000. It's been awarded, but not received, but it actually is to cover the work that will be done this summer."
The town would need to apply for nearly a million dollars in additional grants to complete the sidewalk project, funding that would be at risk without MBTA compliance.
Brian Glennon, Chair of the Selectboard and member of the MBTA Working Group, explains that Duxbury is currently part of a lawsuit seeking an injunction against the MBTA Communities Act requirements. A hearing was held two weeks ago, with a ruling expected before the Special Town Meeting on June 16.
However, even if the town receives an injunction, it would only allow Duxbury to continue fighting the requirements, not exempt the town from eventual compliance.
"The injunction, if we were to say, like, let's say we won the injunction, that only allows Duxbury to continue to fight. It doesn't mean we don't have to comply," Driscoll Greenstein explains. "All it means is we can spend more money to continue to fight."
Committee members raised questions about enforcement mechanisms for the new bylaw and potential impacts on town services. The working group clarified that the town's existing zoning enforcement provisions would apply, with penalties of $50 per day for violations.
The bylaw specifically prohibits short-term rentals in accessory dwelling units, addressing concerns about potential misuse of the overlay district.
If the state law is later invalidated through ongoing litigation, the planning board is committed to repealing the overlay district. However, committee members noted that while the bylaw is in effect, it would be legally binding.
"I'm not trying to debunk this because I think that you've come up with something that could work for us and protect, I mean, using any grant money now is going to be, well, it's going to make a very difficult situation impossible," says Betsy Sullivan, Finance Committee Chair. "But to be clear with people, yes, you can withdraw this zoning. You can change the zoning, but it does not eliminate the fact that it is available to people during the time that it is in effect."
The Special Town Meeting is scheduled for June 16. Two additional informational sessions about the MBTA Communities Overlay District are planned for May 28 and June 4.
May 22 - Duxbury's Finance Committee met on June 3, 2025, to talk about funding for the next fiscal year. One hot topic was whether to set aside $25,000 for the town's Fourth of July celebration in 2026.
Committee member Theodore Flynn wasn't too keen on the idea. He pointed out, "We're dealing with budget cuts right now. Spending money on a parade doesn't seem right when we're struggling to meet our budget requirements."
Betsy Sullivan, Chair of the committee, cleared things up. She explained that this funding isn't for the upcoming 2025 parade - that's already in the budget. The town usually approves parade funds a year ahead of time.
Friend Weiler stood up for the parade funding. "I think we should go ahead with it. It means a lot to everyone in our community," he said.
The committee didn't make a final call on the parade funding. They decided to come back to it later when they have a clearer picture of the budget.
In other business, the committee gave the green light to $67,950 in capital budget spending and $245,790.66 in end-of-year budget transfers. These transfers will cover shortfalls in various departments.
Mary MacKinnon, the town's finance director, let the committee know that they'll need to make more budget transfers before the fiscal year wraps up on June 30.
The Finance Committee plans to meet again on May 29. They'll keep working on the budget and hear about a citizens' petition related to the town's water quality improvement projects.
Full meeting available via The Local Seen. May 20 and May 22.