Marshfield Appeals MBTA Zoning Act
Marshfield town attorney Robert Galvin appeared before the state Supreme Judicial Court on Wednesday, appealing a previous lower court ruling that upheld the MBTA Communities Act as constitutional.
The town is arguing that the bylaw is an unfunded mandate and forces voters to approve the measure with the threat of losing state grants.
Galvin told the justices that the town doesn’t have the space or infrastructure to support the required number of multi-family housing units set by the bylaw.
He also argued the town has spent an “extraordinary” amount of money by hiring a planner to determine where to locate the required zone to comply with the mandate.
A judge countered that the town took it upon itself to hire someone to develop the zone.
The state assistant attorney general said that the statute does not impose any cost beyond administrative expenses.
The assistant attorney general also dismissed Marshfield’s claim the bylaw forces voters to adopt it, saying that the town’s argument doesn’t have merit under state law.
The justices have 130 days to present their ruling.
Meanwhile, the Marshfield select board this week approved having the MBTA zoning act go before the April town meeting to reconsider its October vote that adopted the bylaw that zones a section of Route 139 for multi-family housing.
The state is requiring communities that have or are adjacent to MBTA transit to adopt a multifamily housing zone in an effort to address the state’s housing shortage.