Hanson Settles for “Polished Turd” in Approving MBTA Zoning
Accepts Pragmatic Decision Avoiding Potential Millions in Lost Grants
HANSON - October 6 - In a sometimes contentious Special Town Meeting Monday night, Hanson residents voted to adopt state-mandated MBTA Communities multifamily overlay zoning, creating a 78-acre district between Phillips and High Streets that could theoretically accommodate 750 housing units — though town officials emphasized the deliberately chosen site makes significant development highly unlikely.
The Full Story
The decision came after Planning Board Chair Joe Campbell opened the discussion by declaring bluntly that not a single elected official or town board member supported the state law, calling the proposal “a polished turd” — the best possible outcome from an impossible situation. The vote followed extensive legal defeats at the state level and threats from the Commonwealth to impose its own zoning if Hanson failed to comply.
Town Counsel Jay Talerman painted a stark picture of the town’s legal position. Following the Supreme Judicial Court’s ruling in the Milton case that Section 3A of state zoning law is both constitutional and mandatory, several towns that fought the requirement — including Hanson — have exhausted their legal options. “The courts have clearly expressed no interest in the municipal position in this,” Talerman said, acknowledging it was “a difficult task to overcome the momentum that the state has in the courts.”
The attorney warned that if Hanson rejected the zoning, the state could appoint a special master to draft zoning on the Commonwealth’s terms, potentially selecting areas more suitable for development and stripping away the town’s site plan review authority. “The state may choose a very different area that is more primed for development,” Talerman explained. “The state is also very likely to have a very thin, if any, site plan review for the bylaw that they would write if we don’t pass it.”
The financial consequences of non-compliance have already begun. Select Board Chair Laura FitzGerald-Kemmett presented documentation showing the town has received over $5 million in grant funding over the past five years — funding streams that would be cut off without MBTA compliance. Since losing compliance status in July, Hanson has already been denied $1,109,000 in grants, including $170,000 in supplemental Chapter 90 road funding and six other grant applications submitted by the town.
“This is real money. It’s not hypothetical play money,” Kemmett emphasized. “We’re not talking monopoly money. This is real money that impacts our budget.” The select board chair noted that the Senior Center addition was built with grant funding, illustrating the practical impact of these revenue sources.
Town Planner Tony De Frias explained that the district was carefully chosen to minimize development potential while meeting state requirements. The overlay zone must be at least 50 acres, support approximately 15 units per acre, and lie within half a mile of the commuter rail station on Main Street. De Frias’s presentation showed extensive wetlands throughout the designated area, and he stressed that any development would still be subject to the Wetlands Protection Act and Title V septic system requirements.
“The town is not required to build the housing, we’re not required to build any infrastructure to go along with the housing,” De Frias said. “The private sector will drive anything that might happen within this district. We do not have to do anything.”
Several residents expressed deep frustration with the state mandate while reluctantly supporting the town’s proposal. Steven Smith of Monroe Street articulated the dilemma many faced: “I am very against this bill. I think Maura Healey is overreaching a lot with it. Having said that, I am urging you to vote yes on this.” Smith argued that rejecting the zoning would simply allow the state to impose worse terms, potentially zoning the entire length of Main Street without local input.
Pat Taylor of Whitman Street echoed this sentiment: “We have two choices. We vote no, we turn over the control of that land, or where that zone goes to the state... If we vote yes, that zone already allows for most of what we’ve talked about to be built anyway. We’re just simply putting another name on it.”
Opposition came from residents like Anthony Sacco of High Street, who argued the development would create “a future slum” and overwhelm town services. “That’s 700 houses... You’re going to have 5,000 more people in a town that we’re the smallest town in the South Shore in population,” Sacco said. He questioned whether the town had researched how other communities were implementing similar requirements.
*editor’s note: Hanson has approximately the same population as Hull and Norwell, and significantly more than neighboring Halifax or Plympton.
Campbell responded that the Planning Board has closely monitored all 177 communities affected by the law, noting fewer than 12 towns remain out of compliance. He emphasized that Hanson’s existing zoning protections, particularly the lack of municipal sewer, would prevent overdevelopment regardless of the overlay district.
Lisa Grabowski of Phillips Street raised concerns about the specific parcels included in the district, much of which is privately owned by one family. Town officials confirmed that the largest landowner has stated publicly they have no interest in developing or selling the property. De Frias noted that if the town wanted to adjust the district boundaries in the future, it could do so through the normal zoning amendment process, as long as the changes maintained compliance with state requirements.
The technical details of the overlay district generated substantial discussion. The zoning allows “as of right” multifamily development, meaning projects wouldn’t require special permits but would still face site plan review by the Planning Board. Town Counsel clarified that while the board couldn’t deny a compliant project, it could impose conditions related to parking, building design, screening, and other factors — as long as those conditions don’t render the project economically unfeasible.
Bruce Young questioned provisions in the law that appear to limit local control over bedroom counts and occupancy limits. Talerman explained that Title V septic regulations would effectively control density since there’s no municipal sewer in the area. “Title V is alive and well here and has real limitations,” he said.
Select Board members expressed concern about fighting costs if the town rejected the zoning. “It is extremely expensive to do that. That is outside of our normal legal budget here in the town, and it would be on the magnitude of several hundred thousands of dollars,” Talerman warned.
Multiple speakers urged residents to sign a ballot initiative petition that would seek to repeal the state law at the November 2026 election. Frank Milisi of Brook Street advocated for passing the local zoning to “take the burden off of our budget, and put the burden onto the ballot box.”
Select Board member Joe Weeks summed up the board’s position: “None of us agree with this. None of us want this in this town. This is state overreach. It is completely inappropriate. However, it is in our face right now. This is the best course of action for us right now with the information that we have.”
Before the MBTA zoning vote, town meeting approved 27 other articles totaling over $1.1 million in appropriations. These included collective bargaining agreements providing 2% raises for police, firefighters, highway workers, and administrative professionals across fiscal years 2026-2029, totaling $307,031 in the current year. Non-union personnel and contractual wage increases added $56,087.
The town appropriated $146,097 for two new police cruisers and $125,000 for cybersecurity and network infrastructure improvements. The Fire Department received funding for two stair chairs ($7,500), two video laryngoscopes ($6,600), and a cost share for a federal radio equipment grant ($15,000). The Highway Department was authorized to purchase a rubber-wheeled excavator ($149,000) and skid-steer loader ($78,000).
Infrastructure projects included $50,000 to supplement Pratt Place culvert construction costs and $40,000 for water department security cameras at the Crystal Spring Wellfield and West Washington Street office. The Water Department also received $120,000 for an emergency generator at the deep well.
Parks and Fields secured $40,000 for safety repairs to fencing and batting cages across nine athletic fields. The Senior Center received $45,360 for an awning between its building and the supportive day program facility.
In a significant vote for the Library, residents not only approved the requested $21,000 to restore budget cuts and operating hours, but amended the article to increase funding to $31,000. Resident Frank Milisi proposed the amendment, arguing that the library consistently faces cuts despite serving many children after school. The additional funding will help restore staff hours to avoid unexpected closures and extend Wednesday hours until 5 p.m.
Library Director Karen Stolfer and architect Matthew Oudens presented preliminary designs for a potential library renovation and expansion project. The town has received planning and design grant funding from the state and is in the first round of funding for the MBLC grant program. If approved by voters in spring 2026, the project could receive 40-50% state reimbursement for eligible costs. The proposal envisions adding 14,000 square feet to the existing 8,000-square-foot library, creating a 22,000-square-foot facility with improved entry, outdoor programming space, and updated building systems.
The meeting also amended two stormwater management bylaws (Articles 26 and 27) to conform with current MS4 regulations required by the EPA. Town Planner De Frias explained these regulations protect water bodies and groundwater from contaminated stormwater runoff. Town Counsel confirmed that board members acting in their official capacity are indemnified by the town for decisions made under these bylaws, addressing concerns raised after Conservation Committee members were sued individually over a permit denial.
Several smaller appropriations addressed operational needs: $16,180 for unpaid bills from prior fiscal years, $4,500 for increased postage costs, $3,500 for advertising, $2,000 for Board of Health legal advertising, and $50,000 for the regional public safety communications assessment. The Camp Kiwanee budget was rescinded and replaced with a level-funded budget under the enterprise fund provisions.
The meeting, which began at approximately 6:30 p.m., drew 151 registered voters — above the quorum requirement. Town meeting funds available at the start included $3,064,123 in free cash, $1,724,879 in stabilization, $902,701 in the ambulance fund, and $148,921 in Camp Kiwani retained earnings. After all appropriations, free cash will stand at approximately $1,962,236.
Article 29 was passed over without discussion. Moderator Sean Kealy declared the meeting adjourned after the final vote on the MBTA zoning district.
Why It Matters
The MBTA Communities zoning decision represents one of the most consequential votes in Hanson’s recent history, balancing local control against state mandates and financial survival. While residents made clear their opposition to the state law itself, the practical choice came down to adopting carefully crafted local zoning or having the state impose potentially more aggressive development standards. The town’s selection of a wetland-heavy, privately-owned site with limited development potential reflects officials’ strategy to comply with the letter of the law while minimizing practical impact. The loss of over $1 million in grants in just three months demonstrated the immediate financial consequences of non-compliance, affecting everything from road repairs to public safety equipment to senior services. For property owners in the designated district, particularly those on Phillips and High Streets, the overlay creates theoretical development rights, though town officials stress that existing wetlands protections and septic system requirements make significant construction unlikely. The vote preserves the town’s eligibility for crucial grant funding while residents work toward repealing the state law through a 2026 ballot initiative.
Meeting Minutes
Key Motions & Votes
Motion: Transfer $16,180.11 from free cash for unpaid bills from prior fiscal years. Outcome: Approved by required nine-tenths majority. (0:06:16)
Motion: Raise and appropriate $131,000 for police union collective bargaining agreement (2% raise). Outcome: Approved. (0:07:54)
Motion: Raise and appropriate $112,731 for firefighters union collective bargaining agreement (2% raise). Outcome: Approved. (0:11:24)
Motion: Raise and appropriate $23,000 for highway union collective bargaining agreement (2% raise). Outcome: Approved. (0:11:24)
Motion: Raise and appropriate $40,300 for administrative professionals union collective bargaining agreement (2% raise). Outcome: Approved. (0:11:24)
Motion: Raise and appropriate $56,087 for non-union personnel wage expenses including town administrator. Outcome: Approved. (0:15:53)
Motion: Transfer $50,000 from free cash for Pratt Place culvert replacement construction supplement. Outcome: Approved. (0:20:15)
Motion: Transfer $3,500 from free cash for advertising budget. Outcome: Approved. (0:20:15)
Motion: Transfer $40,000 from water enterprise receipts for security camera system at wellfield and water department office. Outcome: Approved. (0:20:15)
Motion: Transfer $120,000 from water enterprise receipts for emergency generator at deep well. Outcome: Approved. (0:20:15)
Motion: Raise and appropriate $4,500 for town-wide postage account. Outcome: Approved. (0:24:12)
Motion: Transfer $50,000 from free cash for regional public safety communications assessment. Outcome: Approved. (0:24:12)
Motion: Transfer $146,097.45 from free cash for two new police cruisers. Outcome: Approved. (0:24:12)
Motion: Transfer $125,000 from free cash for cybersecurity and network design equipment. Outcome: Approved. (0:26:22)
Motion: Transfer $68,000 from free cash for Microsoft 365 implementation. Outcome: Approved. (0:28:27)
Motion: Transfer $21,000 from free cash to restore library budget and hours. Amendment: Frank Milisi moved to increase to $31,000. Amendment approved. Outcome: Approved as amended to $31,000. (0:40:22)
Motion: Transfer $40,000 from free cash for safety repairs on athletic field fences. Outcome: Approved. (0:48:08)
Motion: Transfer $149,000 from free cash for rubber-wheeled excavator. Outcome: Approved. (0:48:08)
Motion: Transfer $78,000 from free cash for skid-steer loader. Outcome: Approved. (0:48:08)
Motion: Transfer $7,500 from ambulance account for two new stair chairs. Outcome: Approved. (0:48:08)
Motion: Transfer $6,600 from ambulance account for two video laryngoscopes. Outcome: Approved. (0:48:08)
Motion: Transfer $15,000 from free cash for federal radio equipment grant cost share. Outcome: Approved. (0:48:08)
Motion: Transfer $45,360 from free cash for awning between senior center and supportive day program. Outcome: Approved. (0:48:08)
Motion: Transfer $2,000 from free cash for Board of Health legal advertising. Outcome: Approved. (0:48:08)
Motion: Rescind and replace May 2025 Camp Kiwanee budget with level-funded enterprise fund budget. Outcome: Approved. (0:48:08)
Motion: Amend General Bylaws Article 3-21 for stormwater management (MS4 compliance). Outcome: Approved. (1:01:24)
Motion: Amend General Bylaws Article 3-22 regarding illicit discharges to storm drain system (MS4 compliance). Outcome: Approved. (1:01:24)
Motion: Amend zoning map and bylaws to create MBTA Communities Multifamily Overlay District (MCMOD) on 78.74 acres between Phillips and High Streets. Outcome: Approved after extensive debate. (2:20:19)
Motion: Pass over Article 29. Outcome: Approved. (2:20:19)
Public Comment
Public comment focused almost entirely on Article 28 regarding MBTA Communities zoning. Multiple residents expressed frustration with state overreach while acknowledging the financial necessity of compliance. Steven Smith and Pat Taylor argued for pragmatic approval to maintain local control. Anthony Sacco opposed the zoning, warning of potential overdevelopment and school impacts. Lisa Grabowski questioned the site selection and land ownership. Bruce Young raised concerns about state restrictions on local bedroom and occupancy regulations. Dan McDonough expressed disappointment with the state’s “ham-fisted” approach. Steve Cloutman questioned discretionary permitting authority and called the law “extortion.” Dave Beauvais commented on Article 6, supporting increased hours for the veterans service officer. Frank Milisi successfully amended Article 16 to increase library funding from $21,000 to $31,000, noting the library consistently faces cuts despite serving many children. Charles Hyatt questioned the town administrator’s raise and senior center plans. Several speakers urged residents to sign the ballot initiative petition to repeal the state law in November 2026.
What’s Next
The town must submit the adopted MBTA Communities zoning to the state Executive Office of Housing and Livable Communities for final certification. If approved, Hanson will regain eligibility for state grants and discretionary funding that have been blocked since July. Town officials emphasized that residents should continue gathering signatures for the 2026 ballot initiative to repeal the state MBTA Communities law. The Library Building Committee will continue working on design plans for the potential renovation and expansion project, with a likely vote at spring 2026 town meeting if the state approves the grant application. Implementation of the collective bargaining agreements will provide 2% raises to union employees across fiscal years 2026-2029. The Planning Board retains authority to conduct site plan review for any future development proposals within the overlay district, though no development is anticipated given wetlands constraints and current landowner intentions.