Second Massachusetts Town Spurns State TOD Zoning Mandate

According to the Patriot Ledger, voters at a town meeting in Marshfield, Massachusetts (pop. 25,905), rejected a proposed plan that would pave the way for transit-oriented development. The proposal to rezone 84 acres to allow multifamily housing would have brought the town into compliance with the statewide MBTA Communities Act, which requires “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,” reports Hannah Morse.

Marshfield residents’ rejection of the state mandated zoning change comes two months after voters in Milton, Mass. (pop.  27.003) revoked their previously approved zoning changes, which prompted the state to sue the town and cancel a $144,800 grant for a local seawall.

Marshfield has until December 31, 2024 to submit plans to the state that zone for a minimum 1,185 units, or 10 percent of its housing stock (Milton’s deadline was the end of last year), but Morse reports that Marshfield Town Counsel Bob Galvin told residents in advance of the vote that he believes the state will sue immediately and 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,” Galvin told town meeting attendees.