Another Town Has Cold Feet from Forced MBTA Housing Mandate

Marshfield, the Southshore town that is as proud of its association with Daniel Webster as Franklin is of its association with Horace Mann, has a problem with the MBTA. It appears unlikely to draw a state lawsuit right away after its Town Meeting on Monday reportedly rejected a plan that would have complied with new zoning requirements for communities near MBTA service.

Town Meeting shot down an 84-acre zoning change by a 169-289 vote, according to The Patriot Ledger, which reported that Marshfield's town counsel told residents he expected to be "sued immediately" for failure to comply with the MBTA Communities Act.

Attorney General Andrea Campbell, whose office is already suing Milton over its refusal to embrace zoning changes required by that law, said Tuesday that Marshfield still has seven-plus months to change course, potentially at another Town Meeting later in the year.

"Marshfield, like other municipalities categorized as 'commuter rail' and 'adjacent' towns under the MBTA Communities Law, has until the end of 2024 to come into compliance with the law," Campbell said in a statement. "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. My office stands ready to assist Marshfield and other towns in achieving compliance by their required deadline."

Milton is defined as a "rapid transit" community under the MBTA Communities Act due to its proximity to the Mattapan Trolley, and rapid transit communities faced a deadline of Dec. 31, 2023 to submit a zoning ordinance or bylaw that complies with the new requirements, according to guidance from the attorney general's office.

Most other communities affected by the law because of commuter rail, bus or ferry service -- including Marshfield -- have until Dec. 31, 2024 to come into compliance. Franklin already achieve compliance by changing its zoning to meet the state's demands.

Shortly after Milton voters rejected a rezoning plan that would have complied with the law, the Healey administration revoked its eligibility for a $140,800 seawall grant and Campbell sued the town. That lawsuit is expected to go before the Supreme Judicial Court later this year.

Officials and supporters of the mandatory zoning changes argue they are necessary to generate more housing production and drive down sky-high prices straining families across the state.

Nearly three dozen other communities have approved zoning changes aimed at complying with the MBTA Communities Act, including several of Marshfield's neighbors.