In the aftermath of Town Meeting’s rejection of a controversial zoning proposal aimed at complying with a state mandate, Planning Board member Edward Nilsson expressed disappointment but remained hopeful for future opportunities to revisit the warrant article.
Applause erupted when Town Meeting rejected the zoning article on a 377-410 vote Tuesday night. With that 33-vote margin, the town joined Wakefield, Milton, Marshfield, Wrentham and Holden in pushing back against the state’s Dec. 31 deadline to adopt zoning changes under the MBTA Communities Act.
Looking ahead, Nilsson told the Current he anticipates waiting for guidance from the state on what options are available to Marblehead, expressing hope that the town won’t face lawsuits or lose grants that are in the pipeline. He believes there may be an opportunity for a special town meeting later this year to reconsider the zoning changes.
“It will likely be better if it were after the Supreme Judicial Court case in October,” Nilsson said, referring to the lawsuit brought by Attorney General Andrea Campbell against Milton. “Maybe in November — that’s just my opinion, I have no knowledge of it from any source.”
Nilsson said he doesn’t expect the Planning Board to make significant revisions to the proposed zoning plan, arguing it is already “very well organized and well laid out.” Instead, he believes the focus should be on communicating the financial and long-term benefits of the plan to residents.
“I don’t think the correction, whatever we need, is in the plan itself,” Nilsson said. “It’s in getting the word out to the townspeople.”
During the debate on Tuesday night, tensions boiled over when resident Angus McQuilken made a motion to reconsider the zoning article after many opponents had left. As Town Moderator Jack Attridge entertained the motion, some of those remaining yelled, “Sham! Sham! Sham!”
Even after the motion to reconsider failed, anger with the proceedings lingered. Apparently misinterpreting Attridge’s invitation to run for moderator in a subsequent election, resident Tom Peach approached the stage with an audience microphone, seemingly intent on taking over the meeting immediately. When Attridge resisted, Peach threw the mic and his voting clicker on the stage before storming out in protest.
Police Chief Dennis King said that while the incident involving Peach was concerning, he doesn’t anticipate criminal charges.
“Based on the information that we have now, we’re not going to be charging the individual,” King said. “I observed behavior that people might say was not quite appropriate based on the setting.”
King praised Attridge’s handling of the situation, saying the moderator did an “excellent job” over the two days facilitating the meeting. “I think that the actions and the way that the moderator handled it by de-escalating the situation and allowing the Town Meeting to continue is really important to note.”
King said police are present at Town Meetings to assist with traffic, safety, medical emergencies if needed and maintaining order at the moderator’s direction. He noted there is a “fine line” between disruptive free speech and criminal behavior that police must navigate.
“Public meetings are for the public to express themselves,” he told the Current. “The Marblehead Police Department is not going to disrupt expression.”
During debate, Nilsson argued the plan that the Planning Board developed would have had a “very limited impact” on the town, noting Marblehead has already developed most of its remaining open space in recent decades.
“The economics of purchasing a property and demolishing or modifying an existing structure make it very unlikely, in my opinion, to convince a developer to really embark on such an adventure,” he said.
Supporter Nick Ward said the zoning would “bring more choice” for seniors and families, aligning with being “pro-family, pro-schools.”
Critics voiced concerns about impacts on infrastructure, schools and Marblehead’s character. Planning Board Chair Bob Schaeffner noted 300+ existing units would count toward the zoning, reducing potential new construction.
Fair Housing Committee veteran Dirk Isbrandtsen argued there is “virtually no threat” if the zoning passes, saying Marblehead has responsibly managed development. “We should not be afraid to vote yes on this,” Isbrandtsen said.
However, appeals to Marblehead independence appeared to resonate with voters who felt the state has no right to dictate local decisions.
Many argued for Marblehead to punt the Article 36 decision to December, giving the town the opportunity to learn from the outcome of the Milton lawsuit into consideration. The case before the Supreme Judicial Court, the state’s highest court, is expected to be heard in October, leaving little time before the Dec. 31 deadline.
Before the vote on the main motion, resident William Ayer argued the law is “actively being challenged” in court and waiting to see the outcome “costs us very little.”
However, Finance Director Aleesha Benjamin spoke at length about state grants Marblehead could lose if it voted no.
The proposal
The Planning Board’s proposal sought to zone 58.4 acres to allow approximately 897 multifamily units across three districts, surpassing the state mandate. These districts included following:
— 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).
‘I’m sure we’ll be back’
The immediate consequences for towns like Marblehead are uncertain. Benjamin pointed out that the state pulled grants from Milton just two weeks after it rejected the zoning act.
After the initial votes were tallied, Attridge remarked, “I’m sure we’ll be back before the end of the year,” an apparent reference to the prospect of a special town meeting to again consider a plan to comply with the act.
“When asked what should happen next, Article 36 opponent John DiPiano wrote in an email to the Current, “What I think should now happen is that our representative, Jenny Armini, should be proposing an emergency amendment to c. 40A so that towns can opt in or opt out without the threat of reprisal.”
Nilsson argued the Planning Board has been working to address Marblehead’s housing challenges for decades, and that the issue will only become more pressing as home prices continue to rise, making it difficult for town employees, young families and individuals to live in the community.
“This is all about Marblehead’s future: What type of town there will be,” Nilsson said. “That’s what it’s really about.”
Leigh Blander and Kris Olson contributed to this article.
