An anonymous postcard mailed to many homes in Marblehead last week made several claims about zoning changes up for a vote at Town Meeting tonight, including that the town will “lose nothing in grants” if it rejects the state mandate.
A closer look, however, reveals that Marblehead is, in fact, at risk of losing millions of state dollars if it does not comply with the MBTA Communities Act.
Initially, Gov. Maura Healey announced that towns that do not comply will lose out on MassWorks, Housing Choice and local capital project funding.
A public records request, filed by local resident John DiPiano, showed that Marblehead has not received those funds to date. However, Planning Board member Barton Hyte and Public Works Superintendent Amy McHugh said the town is waiting to hear about an $11 million MassWorks grant to fix the Village Street Bridge and a $3 million MassWorks grant to replace water pipes.
Additionally, in August, the Healey administration added a dozen more grant programs that might be pulled without zoning compliance, including the Municipal Vulnerability Preparedness Planning Grant, community planning grants and land-use planning grants.
Marblehead has received nearly $770,000 in state coastal resiliency grants in the last few years.
In a guest commentary in the Current, Marblehead state Rep. Jenny Armini wrote, “There will be more funding opportunities in the future, especially as we seek assistance with vital coastal sustainability efforts, including $6.5 million in existing harbor infrastructure repairs.”
When Milton voted to reject the zoning mandates in February, the state announced it was rescinding funding for a waterfront improvement project there. In a letter to Milton officials, State Housing Secretary Ed Augustus wrote that the town’s “non-compliant status means the town will begin losing out on significant grant funding from the state, effective immediately.”
900 vs. 600 units
The postcard also refers to 900 new units of housing. Planning Board member Ed Nilsson said Marblehead’s already-existing 300+ multifamily units will count toward the new zoning requirements, lowering the possible number of new units to fewer than 600.
Control issue
The postcard also claims that the zoning changes will give the state “exclusive control over three areas in our beloved town.” In fact, the proposed districts will be subject to site plan and design review standards by the Marblehead Planning Board.
The proposed zoning changes
The Planning Board’s proposal seeks to create zoning that would allow for a toal of about 897 units across three districts:
- Tioga Way (29.8 acres, 483 units at 17.3 units per acre).
- Pleasant Street (20.6 acres, 295 units at 14.3 units per acre).
- Broughton Road (8.0 acres, 119 units at 14.9 units per acre).
The town clerk heard from several people wondering if it was legal to anonymously mail a postcard aiming to influence a Town Meeting vote. The answer is yes. Only ballot questions, voted in an election, are subject to campaign finance laws.
Next steps
If Article 36 passes, DiPiano told the Current what might happen next.
“In answer to your question as to ‘what happens next if the zoning article passes tonight?’ my answer is as follows: As a rule, I don’t like to hypothesize. Opponents of adoption of G.L. c. 40A may be forced to consider the option of filing a lawsuit challenging the law which may, or may not, name the town of Marblehead as a defendant and which may, or may not, seek injunctive relief,” John DiPiano wrote in an email.
“I understand that there are civil actions now pending in the Massachusetts Superior Court, Massachusetts Supreme Judicial Court and the United States District Court for the District of Massachusetts,” he continued. “I have no present plan to pursue legal action but will consider all options as the situation unfolds.”
For more information on the zoning article and other Town Meeting news, read the Current’s 2024 Town Meeting Guide.
Editor Leigh Blander is an experienced TV, radio and print journalist.
