Marshfield voters reject MBTA zoning plan. Might the state sue the town?

Marshfield voters at town meeting have rejected a proposal intended to make it easier to build multifamily housing near public transportation as required by a state law.

The effort to get the town in compliance with the MBTA Communities Act by proposing an 84-acre zoning change on Route 139 failed by a vote of 169 in favor and 289 against.

The law requires that 177 towns and cities across Massachusetts designate at least one zoning district within a half mile of public transportation that allows for multifamily housing by right. Many municipalities face a Dec. 31 deadline to submit their plans to the state.

“I don’t like the state strong-arming us, because I just feel like it’s the mafia going into the liquor store. I don’t like that at all,” said Muriel Toucey, one of several residents who expressed frustration at Monday's meeting that they felt the state forced their hand with the zoning change.

This comes more than two months after Milton voters renounced their previously approved MBTA zoning changes. The backlash from the state was swift. Attorney General Andrea Campbell sued Milton in the state Superior Judicial Court and the state pulled a $144,800 grant for the design of a seawall at Milton Landing.

More: Rebellious Milton gets punishment from state over voter rejection of zoning law. What now?

The change in zoning that the act requires would not override the existing zoning on the site, but rather add to it. For example, if a town chooses a site for the MBTA Communities Act that currently is zoned for business, any proposed future project on the site could fit within the business or multifamily housing zoning guidelines.

The requirement also does not mean that multifamily housing must be built on the site, or that any specific projects are being proposed for these sites – only that it is zoned for this use.

When asked what would happen if the residents rejected the proposal, Marshfield Town Counsel Bob Galvin told residents that the superior court keeping the case is a “pretty good sign” that Milton will be told to comply with the law.

He had keen insight into what Marshfield could face, as he represented 750 abutters in east Milton who opposed the zoning.

“I believe we’ll be sued immediately,” Galvin said before the vote, adding that their case could be combined with Milton’s. “If you’re expecting them to rule that this state law is illegal, I think, being candid with all of you, we’re likely to be unsuccessful.”

Marshfield is considered an “MBTA adjacent” community, since it is near the Greenbush Commuter Rail station in Scituate. It was required to zone for a minimum of 1,185 units, or 10% of its housing stock.

For its MBTA zoning district, the town chose a collection of parcels on the northeast corner of Plain and School streets that was on the Greater Attleboro Taunton Regional Transit Authority, or GATRA, fixed-bus route and close to businesses and schools.

The town added its own requirements for any prospective developer in this zoning district, including 10% of units being affordable; an upgraded wastewater system because the site is within the zone for the Furnace and Union Street wells; and contributions to improving the GATRA bus stop or adding a route, since the district is greater than a half mile from a MBTA station.

With homes and businesses already existing on the property, no one would be forced to sell. "There is no eminent domain," Town Planner Greg Guimond said. Galvin noted later in the meeting that planning board members told him this site is least likely to be built.

Some residents who spoke out against the proposal conflated the MBTA Communities Act with Chapter 40B, another state law that allows developers to bypass some local laws if a town’s affordable housing count is below 10%. The MBTA housing law does not have an affordability component. But they equated it to a familiar sentiment that another state law made it seem like there was less local control.

“This is not going to be nothing but 40B on steroids,” resident Larry Keane said.

A handful of residents that spoke in favor of the measure sounded the alarm of what could come next and what may happen if the town loses access to state grants.

“I do feel that if we don’t pass this, we will be at the mercy of the state and we will get a solution that is much worse than what is proposed,” resident Peg Davis said. “We will not have a choice what is imposed upon us and we will lose out on things like seawalls and things that are critical to saving this town.”

Hannah Morse covers growth and development for The Patriot Ledger. Contact her at hmorse@patriotledger.com.

This article originally appeared on The Patriot Ledger: Marshfield voters reject MBTA Communities Act zoning plan