Marshfield Rejects MBTA Communities Zoning Proposal
Residents vote down multi-family housing bylaw at special town meeting
MARSHFIELD - December 16 - 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.
The proposed ADU bylaw update, which would have allowed ADUs by right with site plan review, failed to gain the necessary majority vote. Town Planner Greg Guimond presented the changes, explaining they were intended to bring Marshfield into compliance with new state laws on ADUs.
"This article modifies the existing Residential Accessory Apartment Bylaw by allowing an Accessory Dwelling Unit by-right under site plan review in order to meet the requirements of Chapter 150 of the acts of 2024," Guimond said.
However, some expressed concerns about the potential impacts of relaxing ADU regulations. Select Board member Eric Kelley worried the changes could lead to investors buying up properties.
"My belief is that this law is more geared towards investors, and they'll come in here, they'll scoop up as much property they can, especially along the oceanfront, and they will take that house, they'll turn it into a rental," Kelley said.
Building Commissioner Andrew Stewart also spoke against the article, arguing it did not align with state intentions.
"I believe that this proposed bylaw change does not conform to the intent of the state law nor the draft regulations that the state is still in the process of developing," Stewart said.
In a separate vote, residents overwhelmingly approved the purchase of a 1-acre parcel at 829 Old Main Street Extension for $765,200 to protect the town's water resources.
Bob Shaughnessy, chair of the Board of Public Works, emphasized the importance of the acquisition.
"Our focus is to protect our water supply from anything," Shaughnessy said. "This parcel came up last summer. We're making a purchase to buy it to take out the one piece that's 900 feet from our well."
The parcel is located near the Furnace Brook well, which Shaughnessy described as "one of our most productive wells in town" yielding 1,000 gallons per minute.
Some residents questioned the purchase price and necessity. Steve Lynch of Central Street asked why one house 900 feet from the wellhead posed such a threat when other houses were closer.
Shaughnessy responded, "If you look at the map, it's the one parcel that's surrounded by water supply land. It's sitting right at the edge."
The meeting also saw the approval of an amendment to the South Shore Regional Vocational School District agreement. The change alters the debt share calculation method from a fixed three-year lookback to a four-year rolling average of enrolled students.
Town Administrator Michael Maresco explained, "Marshfield's annual adjustment calculation will run through fiscal year 32. Then starting in fiscal year 33, its debt share will be calculated using the four-year rolling average."
*editor’s note: Hanson, Scituate, Rockland, Whitman, Cohasset, Hanover and Norwell approved the amendment which already cleared the threshold of 2/3 of member towns. Abington failed to achieve a quorum and could not vote.
In other business, voters approved changes to the town's mooring regulations and waterways bylaws. The amendments update language around personal watercraft use, clarify tie-up regulations at town floats, expand restrictions on houseboats and similar structures in town waters, and approved a feasibility study on replacing the Martinson Elementary School roof.
The special town meeting, which began at 7 p.m. and adjourned shortly after 10:30 p.m. has 8 remaining articles to address at a continued meeting on December 17.