MBTA Communities working group urges Duxbury to pass overlay zoning at June 16 special town meeting while pursuing lawsuit

Megan Driscoll, a member of Duxbury's MBTA Communities Working Group, told the School Committee the group will ask voters at the June 16 special town meeting to approve an overlay zoning plan required by the MBTA Communities Act that the group says would locate the town's 50 acres of required multifamily zoning over already dense properties so the zoning would not create material new building potential.

The working group presented the overlay proposal and its broader strategy Thursday night: prepare a zoning bylaw that satisfies the state law while simultaneously pursuing litigation challenging the law's application to towns like Duxbury. "We're going to try to be compliant and we're going to try to fight the law at the best we can," Driscoll said.

The nut graf: Duxbury faces a mid‑July deadline from the state to adopt MBTA Communities zoning. Committee members heard the working group's reasoning for choosing the Village at Duxbury/Kingstown Way and part of Island Creek for the overlay: both are already at or near the density the state's rules envision, meaning rezoning would be unlikely to increase local development pressure. The working group said that approach preserves local control of siting while protecting the town's eligibility for multiple state grant programs.

Details: Driscoll described the state's intent for the law as increasing housing supply and noted the law lets communities choose where multifamily zoning can be located. The working group said the town must identify roughly 50 acres where multifamily zoning would be allowed. At the last vote in November residents rejected a plan that would have included a greenfield site behind a business known locally as Bongi's, Driscoll said; the new proposal overlays existing multifamily locations so there would be little new development opportunity. She added the overlay could be repealed later if the pending litigation nullifies the state mandate.

Driscoll warned that noncompliance could put Duxbury at risk of losing eligibility for many state grants and programs. She said the number of grant programs tied to compliance has grown recently to 17 and cited specific examples such as a $500,000 grant the town has received for a prioritized sidewalk segment; she said completion of some larger sidewalk phases could be jeopardized if the town becomes ineligible for infrastructure grants.

On litigation: the presenter noted the Massachusetts Supreme Judicial Court (SJC) has already ruled in Milton v. Attorney General that the MBTA Communities Act is constitutional and enforceable by the Attorney General; nevertheless the select board has voted to join other towns in litigation arguing the law is an unfunded mandate. Driscoll said Duxbury intends both to submit a zoning plan at town meeting and to press its legal claims in parallel to preserve options and the town's control over siting.

Committee members asked about who decides to pursue litigation and how legal fees are funded; Driscoll said the select board approved the town's lawsuit and that the town is funding legal costs but did not provide a dollar amount.

Ending: The working group plans public forums on May 28 and June 4 and the Planning Board will hold a public hearing (date listed at 6:15 p.m. in the group's presentation). The working group urged residents to attend the June 16 special town meeting to vote on the zoning bylaw.

Discussion vs. decision: The presentation was informational; the School Committee did not take a formal vote. The working group is asking residents (at town meeting) to approve zoning. Litigation was described as already authorized by the select board and funded by the town.