Marshfield Voters Approve MBTA Communities Zoning on Third Try, Reversing Two Previous Rejections
MARSHFIELD - October 20, 21 - In a dramatic reversal, Marshfield voters approved MBTA Communities zoning compliance Monday night by a vote of 363-209, ending nearly two years of resistance to the state law after rejecting similar measures twice before. The standing count vote brought Marshfield into compliance with state requirements while reserving the town’s right to continue litigation challenging the law. The approval immediately restores eligibility for state grants and discretionary funding that the town has been denied during its noncompliance, including $677,000 already lost and access to millions more in future coastal resilience and infrastructure funding.
The Full Story
Third Time Proves the Charm on MBTA Zoning
After two previous town meeting rejections, the October 20 Special Town Meeting delivered a decisive victory for MBTA Communities Act compliance advocates. Moderator Jim Fitzgerald advanced Articles 13, 14, and 15 to the beginning of the evening, acknowledging that the MBTA debate was “really why everybody’s here for the moment.” The linked articles create a new MBTA Communities Multifamily Overlay District along the Route 3A corridor, allowing for 1,158 housing units by right at a minimum density of 15 units per acre.
Select Board Vice Chair Steve Darcy opened the presentation by clarifying he was “speaking solely for myself as an individual member of the select board” and not representing other members. He outlined significant developments since the last town meeting vote, most notably the January 8, 2025 Supreme Judicial Court decision in the Milton case that ruled the MBTA Communities Act constitutional and affirmed the Attorney General’s enforcement authority.
“Ten communities, including Marshfield, challenged the law in Plymouth Superior Court,” Darcy explained. “We argued this was both an unfunded mandate and that it disenfranchises voters at town meeting because you cannot compel them to vote yes. Plymouth Superior Court rejected the claim.” Marshfield, Middleton, and Weston remain in the appeal process, with cases pending before the State Court of Appeals and potentially the Supreme Judicial Court. Notably, Weston voted to approve compliant zoning on October 15, leaving Marshfield and Middleton as the primary remaining challengers.
The financial consequences of noncompliance dominated much of the presentation. Darcy detailed $676,500 in funding already lost, including $500,000 in airport equipment and security gates, $130,800 for the North River dredging project with Scituate, and elimination of school department eligibility for a coordinated family and community engagement grant covering preschool education staff and supplies. Additionally, the town has been cut off from Seaport Economic Council grants for climate resilience—a funding source that historically brought Marshfield $2.8 million between 2011 and 2024 for projects including the North Commercial Pier bulkhead, Harbormaster Building Maritime Center, Green Harbor improvements, and dredging programs.
“These are things that we apply for every single year,” Darcy said. “We don’t win every year, but we have a pretty good track record with the Seaport Economic Council grants.”
Town Planner Greg Guimond emphasized that the proposed overlay district represents the Planning Board’s strategic effort to minimize impact on the town. “Planning staff used the following principles when trying to identify possible locations,” he said, noting that “the most important was to minimize the impacts to our town.” The district runs along the Route 3A commercial corridor following the GATRA bus transit route, meeting state requirements for proximity to transit, walkability to services, and location in a commercial area. Significantly, no vacant parcels exist in the proposed overlay area, and a large conservation-restricted parcel in the middle cannot be developed.
Guimond presented a hypothetical cost analysis comparing the MBTA district scenario against development of 75 acres of undeveloped land elsewhere in town. The worst-case municipal cost for the MBTA district came to $2.8 million, while the undeveloped land scenario reached $6.1 million—demonstrating, in his view, that the Planning Board’s approach minimized financial exposure while achieving compliance.
Town Counsel Robert Galvin read a statement for the record clarifying that approval of the articles would not waive Marshfield’s litigation rights. “It is my opinion as town counsel that town meeting may consider approval of Articles 13, 14, and 15 without waiving the town’s rights to complete its pending litigation challenge to the legality of law as impacting town meeting voters’ rights, and also pertaining to its claim that the law is an unfunded mandate,” he stated. The motion language explicitly included this “reservation of rights” provision.
The Planning Board voted 5-0 to present the articles, while the Advisory Board recommended approval in a non-unanimous vote after extensive deliberations.
Opposition came primarily from resident Steve Lynch of Central Street, who delivered an impassioned two-minute speech that moderator Fitzgerald allowed at the meeting’s start. “We are here to vote on this article for the third time because your planning board believes that their vote is more important than yours,” Lynch declared. “The planning board is slapping you in the face by bringing this back again, hoping that eventually they will get the right makeup of voters to get their way.”
Lynch framed the vote as fundamentally about democratic principles rather than zoning or grant money. “The real issue we are voting on tonight transcends grant money. It’s about the foundation of our democratic system,” he said. “No coercion by government telling you under an umbrella of threats how to vote. Vote no, or we will punish you. Vote yes, and we will give you some of your money back. That is what your government is threatening.” He urged voters to “send a message to the queen and her court up on the city on the hill that Marshfield will not be strong-armed by radicals in government.”
Fitzgerald asked attendees to refrain from applause after Lynch’s speech to avoid delaying the meeting, but the emotional tenor of the debate was clear. Discussion from the floor included questions about water resource protection restrictions, development costs, and the practical implications of the overlay district.
School Roof Project Approved Despite Select Board Opposition
In another significant vote, town meeting approved a $7,851,000 appropriation for the Martinson Elementary School roof replacement despite Select Board opposition. The project requires a Proposition 2½ debt exclusion override at a ballot election—meaning voters must approve the project again at the polls before work can proceed.
The 27-year-old roof has reached the end of its useful life, with water infiltration damaging interior spaces. The Massachusetts School Building Authority (MSBA) has invited Marshfield into its accelerated repair program, which would provide state reimbursement for a portion of project costs. However, the MSBA invitation is time-sensitive, and delay could jeopardize funding.
The Select Board voted 2-1 against the article prior to town meeting, citing concerns about adding to the tax burden. However, school officials and the Advisory Board emphasized that further delay risks additional damage to the building and potential loss of MSBA funding. The project includes replacing the existing failing roof, removing leaking skylights, and meeting current building code requirements including solar-ready infrastructure mandated by the state’s 10th edition building code.
Resident Pam Keith attempted to amend the funding mechanism to avoid the override requirement, but Town Counsel Robert Galvin explained that bond counsel had vetted the motion language and any changes would jeopardize the project’s ability to proceed. Katie Gensheimer questioned solar panel requirements and skylight removal, receiving confirmation that skylights would be eliminated and that state building code now requires solar-ready construction for major roof replacements.
The article passed on a two-thirds vote despite the Select Board’s opposition. The project now awaits a ballot question that the Select Board must decide whether to place before voters.
Property Acquisition and Zoning Changes
Town meeting authorized borrowing $735,000 to acquire 100 Atwood Avenue (also known as 91 Old Colony Lane), a one-acre property near the town airport. The property, owned by Equitable Development LLC, was the subject of a controversial proposal to establish a heliport. The town’s Airport Commission had taken small easements on the property for access and security fencing, leading to litigation by the property owner.
The purchase agreement settles the lawsuit and prevents the heliport development, which neighbors feared would create noise and safety concerns in an area already impacted by airport operations. Town Counsel Robert Galvin explained that the property is assessed at $787,000 but the town negotiated a purchase price below that amount.
The original motion authorized acquisition “for affordable housing in or general municipal purposes.” However, resident Pam Keith successfully amended the language to specify “affordable housing and or open space purposes” instead, eliminating the broader “general municipal purposes” language that some feared could allow the property to be used for airport expansion. The amended article passed by a two-thirds vote.
The property includes a structure dating to the 1600s that has not been occupied for several years. Building Commissioner Andrew Stewart noted that Equitable Development already holds valid demolition and building permits but has agreed to pause activity pending the town’s acquisition. The Historical Commission had previously determined the structure had historical significance, and residents at town meeting urged preservation of the building rather than demolition.
Other Zoning and Bylaw Changes
Several zoning bylaw amendments passed with minimal debate:
Article 26 created a separate use category for towing and impound storage facilities, allowing them in the Industrial District by special permit.
Article 21 modified the definition of “inoperative vehicle” in the zoning bylaw to clarify enforcement standards.
Article 20 updated zoning bylaw references from “Marshfield Housing Partnership” to “Marshfield Affordable Housing Trust,” reflecting the organizational change.
Article 22 modified the table of use regulations for motor vehicle sales and repairs.
Personnel and Financial Articles
Town meeting approved several personnel and appropriation articles with voice votes or minimal opposition:
Article 4 increased the Veterans Agent Assistant position classification from class 11 to class 12, reflecting expanded responsibilities. Veterans Agent Carin Paulette requested the change and explained that the position handles increasing caseloads as aging veterans require more services.
Article 5 appropriated $1,205,824.93 for capital outlay from free cash and the compensated absence fund, covering equipment purchases and infrastructure needs across multiple departments.
Article 2 ratified the firefighters’ collective bargaining agreement and appropriated $1,113,982.60 from free cash to fund the contract.
Article 12 accepted provisions of state law allowing beer-and-wine liquor licensees to convert to full alcoholic beverage licenses without regard to the town’s quota. The licenses are non-transferable and intended to help struggling restaurant businesses.
Article 30 appropriated $20,600 from Chapter 90 funds for easements needed to reconstruct the Willow Street Bridge.
Article 8 appropriated $275,000 from Community Preservation Act funds for the North River Veterans Memorial Walkway.
Article 34 appropriated $216,000 for DPW vehicle replacements after DPW Superintendent Sean Patterson reduced the original request by approximately $140,000 by eliminating two administrative vehicles from the proposal.
Citizens’ Petitions
Article 35, a citizen petition to increase unpaid private road grading from twice annually to up to four times annually, passed with Select Board support on a 3-0 vote. The change will require additional appropriation at the spring 2026 annual town meeting to fund the increased service frequency.
Article 37, a citizen petition by Pamela Keefe to establish bylaws governing public park use, was amended twice but ultimately tabled rather than approved. The article sought to establish a framework emphasizing that passive parks are protected under Article 97 of the Massachusetts Constitution and that public access and public purposes should be prioritized. After extensive debate and two successful amendments—one striking introductory language and another adding provisions for large weddings and ceremonies—Deputy Moderator Grayson Poitier moved to table the article, and that motion passed. The article remains pending for potential future consideration.
Vote Summary
Night One (October 20, 2025)
Motion: Article 13, 14, 15 (linked) - Adopt MBTA Communities Multifamily Overlay District, amend zoning map and table of uses, reserve litigation rights. Outcome: Approved. Vote: Standing count: 363 Yes, 209 No. Planning Board: 5-0 support. Advisory Board: non-unanimous support. (Timestamp: 1:22:10 - 1:34:36)
Motion: Article 4 - Amend personnel bylaw to increase veteran agent assistant position from class 11 to class 12. Outcome: Approved. Vote: Voice vote, unanimous. (Timestamp: 0:15:42)
Motion: Article 29 - DPW stormwater management. Outcome: Approved. Vote: Majority vote, passed. (Timestamp: timing not specified in transcript)
Motion: Article 5 - Appropriate $1,205,824.93 for capital outlay from free cash and compensated absence fund. Outcome: Approved. Vote: Voice vote, carried. (Timestamp: 1:41:17)
Motion: Article 2 - Ratify firefighter collective bargaining agreement and appropriate $1,113,982.60 from free cash. Outcome: Approved. Vote: Majority vote, passed. (Timestamp: 2:47:40)
Motion: Article 26 - Amend zoning bylaw to create use category for towing and impound storage. Outcome: Approved. Vote: Two-thirds vote, passed. (Timestamp: 2:48:58)
Motion: Article 7 - Appropriate $7,851,000 for Martinson Elementary School roof replacement, subject to debt exclusion override vote. Outcome: Approved. Vote: Two-thirds vote, passed. Select Board voted 2-1 against. (Timestamp: 3:36:56)
Night Two (October 21, 2025)
Motion: Article 12 - Accept MGL Ch. 138 §12D allowing beer-and-wine licensees to convert to full liquor licenses. Outcome: Approved. Vote: Majority vote, passed. Select Board: 3-0 support. (Timestamp: 0:07:53)
Motion: Article 30 - Appropriate $20,600 for Willow Street Bridge easements from Chapter 90 funds. Outcome: Approved. Vote: Two-thirds vote, passed. (Timestamp: 0:10:12)
Motion: Article 21 - Amend zoning bylaw to modify definition of “inoperative vehicle.” Outcome: Approved. Vote: Two-thirds vote, passed. (Timestamp: 0:13:00)
Motion: Article 20 - Replace “Marshfield Housing Partnership” with “Marshfield Affordable Housing Trust” in zoning bylaw. Outcome: Approved. Vote: Two-thirds vote, passed. (Timestamp: 0:21:17)
Motion: Article 28 - Adopt bylaw prohibiting discharge of water causing flooding impacts on neighboring properties. Outcome: Failed. Vote: Majority vote, failed. Advisory Board voted against. (Timestamp: 0:52:00)
Motion: Article 11 (as amended) - Transfer 100 Atwood Avenue from airport purposes to affordable housing or open space purposes. Outcome: Approved as amended. Vote: Two-thirds vote, passed. (Timestamp: 1:31:00)
Motion: Article 8 - Appropriate $275,000 from CPA funds for North River Veterans Memorial Walkway. Outcome: Approved. Vote: Majority vote, passed. (Timestamp: 1:58:24)
Motion: Article 22 - Modify zoning table of use regulations for motor vehicle sales/repairs. Outcome: Approved. Vote: Two-thirds vote, passed. (Timestamp: 2:01:54)
Motion: Article 35 - Citizen petition to increase unpaid private road grading to up to four times annually. Outcome: Approved. Vote: Majority vote, passed. Select Board: 3-0 support. (Timestamp: 2:19:00)
Motion: Article 37 (as amended twice) - Establish bylaws for public park use. Outcome: Tabled. Vote: Article was amended twice, then motion to table passed. (Timestamp: 2:52:00)
Motion: Article 34 - Appropriate $216,000 for DPW vehicle replacements. Outcome: Approved. Vote: Majority vote, passed. Select Board: unanimous support (as amended). (Timestamp: 3:34:05)
Public Comment
Night One - MBTA Communities: The MBTA Communities articles generated the most extensive and passionate public comment. Steve Lynch delivered an impassioned speech characterizing the state law as tyranny and government coercion, urging voters to resist “radicals in government” by voting no. Discussion focused on water resource protection restrictions that limit development in portions of the overlay district, financial consequences of noncompliance including lost grants totaling $676,500, the status of ongoing litigation, cost comparisons between the proposed district and alternative development scenarios, and whether the Planning Board acted appropriately by bringing the matter back for a third vote. Multiple residents questioned practical implications of the overlay district and whether compliance truly protected Marshfield’s interests.
Night One - School Roof: Residents questioned cost estimates, solar readiness requirements, ADA compliance mandates, and the decision to structure the project as a debt exclusion override rather than bonding with free cash. Katie Gensheimer asked about skylights and solar panel requirements. Pam Keith attempted to amend funding mechanism to avoid override risk. The debate included detailed technical explanations about code compliance, water damage, and work scope beyond simple roof replacement.
Night Two - Water Discharge: Most extensive second-night comment addressed Article 28, which ultimately failed. Residents raised concerns about sump pump discharges, natural water flow from higher elevations, swimming pool drainage, and enforcement subjectivity. Multiple speakers questioned whether the bylaw adequately distinguished between natural water flow and intentional diversion. Jack Griffin noted sump pumps necessarily discharge somewhere. Malcolm Gale explained the town had required him to build higher, creating drainage challenges. Discussion addressed property rights, practical challenges of preventing downhill water flow, and whether additional inspectors would be needed. Despite extensive debate, the article did not receive majority support.
Night Two - Park Bylaws: Article 37 generated lengthy debate about public access to parks, Article 97 constitutional protections, and the appropriate balance between public use and event permitting. After two successful amendments, concerns about legal conflicts with state law and the need for additional refinement led to the article being tabled for future consideration.
What’s Next
Marshfield is now in compliance with MBTA Communities Act requirements and immediately eligible for state grants and discretionary funding previously denied. The overlay district is established but does not require any construction—development will only occur if property owners choose to build multifamily housing under the new zoning. The town’s litigation challenging the law continues in the appeals process, with cases pending before the State Court of Appeals and potentially the Supreme Judicial Court. If Marshfield prevails in litigation, the zoning could be revisited, but compliance protects against enforcement and funding loss during the legal process.
The Martinson Elementary School roof project, while approved by town meeting, cannot proceed until voters approve a Proposition 2½ debt exclusion override at a ballot election. The Select Board must decide whether to place the override question on the ballot despite their 2-1 opposition vote. If the override fails, the town meeting approval becomes moot and the project cannot move forward. The MSBA invitation is time-sensitive, potentially making delay costly as the 27-year-old roof continues failing.
The proposed water discharge bylaw (Article 28) failed at town meeting, meaning current regulations remain in effect. Property owners experiencing flooding from neighbors will need to rely on existing remedies rather than the new enforcement mechanism that was proposed. The failure suggests residents had concerns about the bylaw’s practical application and potential conflicts with natural water drainage patterns.
Article 35’s increased road grading frequency will require funding appropriation at spring 2026 town meeting. The 100 Atwood Avenue property conversion to affordable housing or open space requires additional planning and community input before any development or designation occurs. The property acquisition prevents the proposed heliport development that generated neighborhood opposition.
Article 37’s park use bylaw remains tabled and could be reconsidered at a future town meeting after additional legal review and refinement. Proponents may revise the language to address concerns raised by Town Counsel about potential conflicts with state law.
The Select Board will continue its search for a permanent town administrator, with the citizen search committee expected to present candidates before January 2026.
Full meeting available via Marshfield Community Media. Night 1, Night 2, and Select Board votes and discussion on the articles.