Duxbury Debates MBTA Communities Act Compliance

Selectboard Expresses Concerns Over Zoning Changes, Environmental Impact

DUXBURY, MA - October 28 - The Duxbury Selectboard grappled with the town's compliance with the MBTA Communities Act during its recent meeting, expressing reservations about recommending approval of the article at the upcoming special town meeting on Nov. 18.

Board members voiced concerns about the potential environmental impact and the rushed nature of the decision-making process.

Selectboard member Fernando Guitart stated, "We have acted in good faith, are in compliance, and actively working through the compliance process, even though the town has been without a full-time professional planner."

However, Guitart emphasized that there are still many unanswered questions regarding the impact of the MBTA zoning on town resources, budgets, services, and infrastructure.

"We will not be able to provide those answers in time for the special town meeting," Guitart said. He added that the board had requested an economic feasibility study to support the highest number of affordable housing units in the MBTA overlay districts, which would not be completed in time for the meeting.

Guitart concluded, "For those reasons, we've acted in good faith, we've tried our best to comply, but yet we do not have enough time to fully understand the impact that the MBTA overlay districts will have on our town. And as a result, we aren't able to have a truly informed vote on November 18th. And so I will not vote. I will vote not to recommend the Article 1 MBTA community article. I will not vote to support it."

The board discussed recent changes to the proposed zoning bylaw, including modifications to building height restrictions and footprint limitations. Tag Carpenter, a member of the MBTA Communities Working Group, explained the changes were aimed at addressing concerns about the potential for large-scale developments.

"We've added that paragraph and broken out the height and the story separately," Carpenter said, referring to new language limiting the top floor to 50% of the second floor's gross interior area.

Selectboard member Amy MacNab expressed strong opposition to the proposed changes, citing environmental concerns.

"I think the environmental impacts of this type of density are huge," MacNab said. "The biggest desire of this community is to preserve and protect its rural and historic character and to protect our environment. This does neither towards those overarching goals."

The board also discussed the pending litigation before the Supreme Judicial Court, which could impact the implementation of the MBTA Communities Act. Board members noted that the case would not be decided before the Nov. 18 town meeting.

Steve Gandt, chair of the working group, acknowledged the challenges facing voters. "If it's challenging for us, we can only imagine how challenging it's going to be for residents of the town who have not been as deep in this as we have," Gandt said.

The board did not take a formal vote on recommending the article, opting instead to leave their position as "available at town meeting."

In other business, the board approved changes to Article 6, establishing a revolving fund for electric vehicle charging stations. The amendment added "utility costs" to the list of expenses payable from the fund.

The board also opened the warrant for the March 8, 2025, Annual Town Meeting and Special Town Meeting, calling for article submissions by Dec. 2.

Town Manager René Read provided an update on legal expenses, clarifying that an increase in the "Administrative General Matters" category was not due to board members contacting counsel, but rather a result of increased legal activity in various town matters.

Read also reported progress on the Duxbury seawall construction, stating that 144 linear feet have been completed, with an expected completion of the south end by early December.

The board approved a temporary bonus shellfish season for commercial harvesting of softshell and quahog clams for November.

The next regularly scheduled Selectboard meeting will be on Nov. 4 at 6:30 p.m. in the mural room.