Marshfield Weighs MBTA Communities Multifamily Overlay District
Town officials debate zoning changes amid concerns over state funding
MARSHFIELD, MA - November 19 - Marshfield officials are grappling with a decision to adopt an MBTA Communities Multifamily Overlay District, a move that could significantly impact zoning and housing development in the town. The proposed changes, discussed at a recent joint meeting of the Select Board and Advisory Board, are in response to state legislation requiring certain communities to create zoning districts for multi-family housing.
Town Planner Greg Guimond presented the proposed bylaw, which would establish an overlay district along School Street on the north side of Route 139 to Direct Granite. The plan caps building heights at four floors and density at 16 units per acre, more restrictive than state guidelines
"We're capping the height to four floors. The state allows six floors," Guimond explained. "We're capping the density at 16 units per acre. The state only has a minimum of 15 units per acre."
The proposal maintains existing water resource protection district requirements, which Guimond noted are more stringent than state standards.
Town Counsel Robert Galvin emphasized the potential consequences of not complying with the state law. "I can't tell you and no one can tell you what's going to happen at the SJC except for the fact that the law is going to be upheld because no one is questioning its validity," Galvin said.
He warned that non-compliance could result in the loss of access to various state grant programs, including those for seawall funding and other critical infrastructure projects.
"We would be heavily dependent on Seaport Economic Council money for that," Galvin said, referring to potential projects like improving the town pier.
The issue has sparked debate among town officials and residents. Some express concern about the state's approach, viewing it as an overreach into local zoning control.
"The bullies at Beacon Hill need to be taught a lesson in regards to how they treat their citizens in this state," Select Board member Eric Kelley commented during the meeting.
However, Galvin cautioned against outright rejection, noting that 90 communities have already adopted similar measures. He suggested that Marshfield's proposed bylaw is uniquely tailored to minimize impact on the town.
"I think Marshfield's bylaw is unique," Galvin stated. "Marshfield, through the efforts of its planning department, Mr. Guimond and Ms. Horne, have gone to extraordinary lengths ... finding a location which qualifies and would be acceptable to the Attorney General's office where it's unlikely we will ever see any units built under this article."
The town faces a deadline of Dec. 31, 2024, to comply with the state law or risk losing eligibility for certain grant programs. The Massachusetts Supreme Judicial Court is currently reviewing a challenge to the law's implementation, brought by the town of Milton.
Select Board Chair Lynne Fidler emphasized the importance of thoughtful consideration. "This particular article requires a thoughtful approach," Fidler said. "It doesn't require statements like ‘pound sand’ to our Attorney General, and it requires a vote of our town meeting."
The proposed bylaw will be voted on at the town meeting scheduled for Dec. 16 at 7 p.m. in the Marshfield High School auditorium and gymnasium. Town officials are encouraging residents to attend and participate in the decision-making process.
"I encourage all my fellow citizens of the town of Marshfield to attend, everybody that can," said Advisory Board Chair Rick Smith. "Take the time, understand these articles ... and make sure that you're educated so that way your vote will count."