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Select Board chair urges special counsel for Mass Bay matter; Advisory recommends $200,000 supplemental legal appropriation, 9–3
Summary
Advisory Committee recommended favorable action, 9–3, on a $200,000 supplemental appropriation for outside legal services tied largely to the Mass Bay proposal after Select Board Chair Marjorie Freiman addressed the committee to explain the need for specialized counsel amid an ambiguously worded new statute.
Madison Riley, Chair of the Advisory Committee, presided over debate on March 4, 2026, where members considered a $200,000 transfer from Free Cash to pay outside legal counsel for matters connected to the Mass Bay property and other town legal needs. Mark Benjamin moved and Jay Prosnitz seconded the Select Board’s Motion 2 to fund the supplemental legal appropriation.
Marjorie Freiman, Chair of the Select Board, joined the meeting to explain the board’s rationale. "The SB concluded that the best way to represent the town’s interests was to retain specialized legal counsel with experience in litigation involving the Commonwealth and land-use statutes," she said, noting the Select Board’s concern about an "untested statute with ambiguous language" and limited legislative history.
Committee discussion centered on whether outside counsel would add value beyond town counsel and whether the expense was warranted. Opponents argued the request risked duplication with town counsel and questioned the cost and likely return; supporters said specialized expertise could improve outcomes at the margins and signaled seriousness to external parties. The motion was briefly tabled by a 9–3 vote before being un-tabled and put to a final advisory recommendation.
After the Select Board chair’s presentation and a period of questions about timing, scope and the estimate, the Advisory Committee voted to recommend favorable action on the supplemental appropriation, 9–3. The committee’s recommendation sends its position to Town Meeting; it does not itself authorize expenditure. If Town Meeting declines the appropriation, the Select Board may pursue other budget mechanisms such as an internal year-end transfer if needed.
The committee and the Select Board described the $200,000 figure as an estimate developed with town counsel to provide flexibility for unpredictable legal needs; the Select Board emphasized the amount is intended to avoid repeat requests during the fiscal year. The Select Board also noted that if the funds are not ultimately needed they will not be spent.
The Advisory Committee’s action followed a procedural pause to hear from town leadership and reflects division within Advisory about the prudence of supplemental legal spending for this high-profile matter. The article concludes with the committee’s advisory recommendation to Town Meeting: favorable action, 9–3.
