Duxbury Grapples with MBTA Zoning Bylaw, PFAS Mitigation
Selectboard debates postponement, water contamination strategies
DUXBURY, MA - November 4 - Duxbury's Selectboard faced a contentious debate Monday night over whether to recommend indefinite postponement of the MBTA Communities zoning bylaw at the upcoming special town meeting on Nov. 18.
The board ultimately reached a 2-2-1 split vote on supporting the bylaw, with Chair Michael McGee abstaining, highlighting the complexity of complying with state housing requirements.
McGee expressed concerns about the bylaw's readiness and potential legal challenges. "I recommend that the town of Duxbury indefinitely postpone article one, the MBTA communities," he said, citing ongoing litigation and unsettled legal questions.
The chair pointed to a pending case before the Supreme Judicial Court, Attorney General v. Town of Milton, which could impact enforcement authority and compliance deadlines for all MBTA communities.
"Where the law is unsettled, town meeting should not vote this article," McGee argued.
Board member Brian Glennon, while acknowledging reservations, supported moving forward with the bylaw. "I think it's the legally appropriate outcome for us at this time, given what we know about the landscape and circumstances," he said.
Jim Lampert, a former zoning board member, raised concerns about the bylaw's language and structure. "It has a lot of questions wrapped into it," Lampert said. "As it is right now, I could not recommend that anybody pass this article. I think it will create far more problems than potentially will solve."
The board's split decision leaves the fate of the bylaw uncertain as the special town meeting approaches.
In a separate discussion, town officials addressed ongoing efforts to mitigate PFAS contamination in Duxbury's water supply.
Fernando Guitart, a Selectboard member, highlighted the complexities of complying with evolving regulations and the potential impact on water rates. "PFAS mitigation is town. And we just need to figure out what the number is and what the compliance regulation is," he said.
The town is awaiting state regulations on PFAS levels, which may differ from federal Environmental Protection Agency guidelines. "I'm hoping that mass regulations provide better clarity and are better aligned with reality, with the threat that PFAS is," Guitart added.
Officials expressed concern about the intersection of PFAS treatment and irrigation practices. The town's high water usage during summer months for irrigation could lead to treating PFAS-contaminated water that is then returned to the ground.
"It's a complete waste of money," Guitart said. "And so therefore, the residents will have to pay for this."
The town is moving forward with hiring an owner's project manager to oversee the PFAS mitigation project, with requests for qualifications opening Nov. 22.
In other business, the board approved a one-day liquor license for the Friends of the Duxbury Council on Aging's Black Tie Bingo event on Jan. 25, 2025.
Paul Brogna, president of the Friends group, said, "We already have people calling and writing for tickets in advance. So we expect another sellout event as we have had in the past."
The board also approved event permits for the annual Festival of Light celebration and the Duxbury Newcomers Club's holiday celebration, both scheduled for Dec. 1, 2024.
The Special Town Meeting will be held on Nov. 18 at 7 p.m. at the Performing Arts Center on Alden Street. Check-in begins at 5:30 p.m., and officials encourage early arrival.
Town offices will be closed on Nov. 11 in observance of Veterans Day. The Duxbury American Legion Post 223 will hold an observance at 11 a.m. at the post on West Street.