Duxbury rejects MBTA Communities Zoning Change
Motion to postone after State feedback withdrawn, Duxbury Town Meeting rejects MBTA Communities District 793 to 81
DUXBURY, MA - November 18 - Duxbury's Special Town Meeting on Monday night rejected a zoning article to comply with the MBTA Communities Act despite a request to postpone after receiving feedback from state officials just hours before the meeting began.
The Executive Office of Housing and Livable Communities (EOHLC) identified several issues with the proposed bylaw that would affect the town's compliance, prompting officials to recommend postponement.
Selectboard Chair Michael McGee informed attendees that the EOHLC provided feedback at 5:15 p.m., leaving little time for review before the 7 p.m. meeting.
"EOHLC identified issues that may affect the district's compliance with Section 3A," McGee said. "Most notably, they made a comment that the GIS shapefiles provided show that a district excludes street and rail right of way areas."
The state agency pointed out that these areas, specifically ROW across Avenue and Kingston Way, must be included in district shapefiles, even if local practice is not to include them in zoning districts.
McGee explained that including these areas would affect the district's land area and gross density calculation, key factors in compliance with the MBTA Communities Act.
The EOHLC recommended that Duxbury address the outlined issues before applying for district compliance. This late feedback meant the bylaw in voters' packets would not be approved as written by the state agency.
Town Manager René Read explained the situation's uniqueness, stating, "This is certainly a unique situation. I've never seen anything like it before."
The MBTA Communities Task Force, with Selectboard liaison Brian Glennon, had worked throughout the year to comply with guidelines for multifamily zoning districts.
In September, the Selectboard unanimously voted to request a 12-month extension, which was rejected by the EOHLC in October.
The compliance date is set for Dec. 31, 2024. However, McGee noted uncertainties surrounding this deadline due to ongoing litigation involving the town of Milton and the Attorney General's office.
"We don't know whether the Attorney General will be given the enforcement power that they believe they have," McGee said. "That they could essentially zone for us, or that a special master could be appointed to zone it for us."
The debate raised questions about potential consequences for noncompliance. McGee explained that certain grants, including those for sand replenishment and climate resiliency studies, could be affected.
Finance Director Mary MacKinnon provided more specific figures, stating, "The town has put together a list of grants that departments are currently seeking or that we have been recently awarded but not yet received. Those total $4.13 million."
Some residents expressed frustration with the state's late response. Marie Keefe of Elm Street said, "I am so upset that we were not responded to in writing until 5:15 tonight. It shows a total disrespect for this town and for the people who live here."
Others questioned the overall impact of the MBTA Communities Act on Duxbury. Miriam Cullen of Stockade Path argued, "So you really think basing it on grants, which you don't know it's going to be per year or continuous, or they're going to raise our taxes up more for other situations because we have more families…So I want to thank you very much for everybody coming and voting down the MBTA."
An hour into the meeting the debate was closed with 807 votes in favor and 45 against. When the original article was subsequently voted on, it failed with 81 votes in favor and 793 against.