To the editor:
If you haven’t been paying attention, you may not know that the MBTA Communities Act, passed by the Massachusetts Legislature and signed by then-governor Charlie Baker in 2021, compels 177 cities and towns served by the MBTA (except Boston) to change a minimum area of the town/city’s land to apply zoning changes to allow more dense, multifamily housing. If a community does not comply with this law, it risks loss of potential state grants and may face litigation.
Does that sound like a threat?
For over a year, town planning and zoning boards and concerned citizens have been debating and deliberating. Now, some are involved in litigation as defendants and plaintiffs.
This past February, Milton, voted down a plan for complying with the law, and in just a matter of days, Attorney General Campbell filed suit. In 2022, Rockport filed a lawsuit against the state.
Now, it’s surely time that Marblehead not only pay attention but get involved — it’s our town, after all! Research what compliance to this state law involves. Ask neighbors if they know about the law. Go to the state’s website, search for “MBTA Communities zoning law” and review a long list of requirements for Section 3A of MGL c.40A, which outlines compliance.
Is compliance the only option?
Marblehead’s in-person 2024 Town Meeting begins at 7 p.m. May 6 at Veterans Memorial Middle School, 217 Pleasant St. With seats for about 300 in the Performing Arts Center and some more in a “spill-over” room, once it’s at capacity, one won’t be allowed to enter to cast a vote on any of the articles on the town warrant. Article 36 is the one that concerns accepting or rejecting the Planning Board’s best-effort proposal to comply, with three areas being offered up.
(Reference: Marblehead Current, April 15: “Controversial MBTA zoning changes head to Town Meeting)
Although much effort has been put forth by the Planning Board to create a compliant proposal, it does not mean that this plan — or any plan to comply — is what’s best for us, either now or in the future. We seem to do an OK job of planning for multifamily housing at the density already proposed — all without state interference. The new law designates a maximum of 10% of the multifamily housing in these selected districts to be affordable.
With pending lawsuits involving towns like Milton and Rockport, it should be known that any ruling against the state and in favor of a town won’t absolve Marblehead from having to comply, should it vote now in favor of compliance.
In a Marblehead Current article March 28, “Petition opposing MBTA Zoning Proposal Surfaces,” there were interesting comments from Planning Board Chair Robert Schaeffner:
“I’m sensing a reaction from people — I understand an American sort of urge to not be told what to do — this unbridled freedom thing, but when you look at the big picture, if you find there’s no harm to the town from a proposal that absolutely is benign, sensible and meets all the requirements. I don’t really understand why someone would tell us to turn it down.”
After your own research and the considerations above, I urge Marblehead to vote against compliance at this time and watch the outcome of current litigation.
Should we rely on trusting that the proposed plan is “benign” just because we’re told it is?
Sue MacInnis
Bayview Road
