Marshfield bucks against transit housing requirement, rejects rezoning plan

Marshfield has, for now, rejected the state's new law requiring denser development near public transit.

Town Meeting members on Monday rejected a rezoning effort that would have brought the South Shore community into compliance with the MBTA Communities Act.

Marshfield has until the end of the year to meet the law's requirements or it could face harsh consequences from the state, like the loss of grant funding. The town is considered an "adjacent community" under the law, and must meet its requirements by the end of this calendar year.

The town's lawyer Robert Galvin said the decision to reject the zoning is not the town's last word on the matter.

"I think that the town will reassess its situation, determine whether there can be any further changes to the proposed bylaw," he said.

Galvin also said the town will be watching to see what happens with the town of Milton, which was required to comply with the act by this year because it is designated as a rapid transit community. Referendum voters there overturned a rezoning plan that would have brought the municipality into compliance in February. The state acted swiftly, rescinding more than $100,000 in grants, and Attorney General Andrea Campbell sued the town. That case is scheduled for October, giving Milton and other communities little time to comply if the court sides with the state.

In a statement released Tuesday, Campbell struck an optimistic note that Marshfield would find a way to comply by its deadline.

"I applaud Marshfield’s officials for taking proactive steps toward compliance well before their deadline and encourage the town to consider another MBTA Communities zoning article at another town meeting prior to the end of the year," Campbell said. "My office stands ready to assist Marshfield and other towns in achieving compliance by their required deadline.”

The MBTA Communities Act is the state's attempt to increase housing stock by focusing density and multi-family homes near public transportation. Several communities have chafed at the requirements, saying it forces too much development and strips the communities of their traditional role in setting zoning. That sentiment was on display Monday night during Marshfield Town Meeting, according to Galvin.

"They didn't appreciate being forced to adopt this bylaw," he said. "And I think a certain segment of the people that spoke last night wanted to send a message that they thought this was wrong."

Campbell has argued that cities and towns can't "pick and choose" which laws to follow, and that the state ultimately controls land use in the commonwealth.

Editor's note: A previous version of this story misstated how Milton overturned its zoning, The change was made by referendum.