Marblehead has rejected a controversial zoning proposal aimed at complying with a state mandate to promote multifamily housing near public transit hubs. However, town officials say the issue is far from settled, making it almost certain a special Town Meeting will be scheduled later this year to revisit the matter.
With a 377-410 tally May 7, Marblehead joined several other municipalities in Massachusetts pushing back against the Dec. 31 deadline imposed by the MBTA Communities Act. The law requires 177 cities and towns to create new zoning districts permitting higher-density residential development.
“It’s almost certain we need to schedule a special Town Meeting later in the year,” Town Administrator Thatcher Kezer told the Marblehead Green Implementation Committee. “We have no other option but to get into compliance before the end of the year.”
Kezer expressed confidence that that proposal will ultimately garner enough support from residents, because of the need for more diverse housing options in the community.
“We have lots of seniors who want to stay in Marblehead but not necessarily in big homes,” Kezer said. “And there are many young people priced out of the market. This plan aims to create those options.”
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 parts of Tioga Way, Pleasant Street and Broughton Road.
John DiPiano, an outspoken opponent of the zoning article, urged Marblehead state Rep. Jenny Armini to take action to give municipalities more flexibility.
“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,” DiPiano wrote in an email to the Current.
Armini blamed the spread of misinformation for stoking opposition to the plan, which she believes residents will ultimately support once the facts are clear.
“Many were using their vote to protest the law itself,” Armani said, “but the law wasn’t up for a vote at Town Meeting. We woke up Wednesday morning with the same law. Nothing has changed. Our job was to vote on the plan to implement it.”
‘Waiting costs us very little’
The closeness of the 33-vote margin underscored the divisions within the community on the issue, said Select Board Chair Erin Noonan.
“The misinformation circulated leading up to it points to the need for more discussion before the town bumps up against the year-end deadline,” Noonan said. “The law is the law. Last night’s vote doesn’t change that.”
Noonan stressed that the quality of the Planning Board’s proposal was never criticized, aligning with the town’s existing housing plans. She emphasized that while municipalities may disagree with state interventions on land use and housing policies, they are ultimately obligated to follow the laws enacted by the Legislature and governor.
“State intervention in municipal land use policy is as common as state intervention in building and public health codes, school operations and curricula and environmental regulations,” Noonan said. “To pretend otherwise is fantasy.”
At Town Meeting, resident William Ayer argued the MBTA Communities Act is “actively being challenged” through litigation and that Marblehead should delay its decision until December to potentially benefit from the outcome of a significant court case involving another town’s noncompliance.
“Waiting to see the outcome costs us very little,” Ayer said.
The case Ayer referenced involves a lawsuit filed by Attorney General Andrea Campbell against Milton for failing to comply with the zoning requirements.
The SJC case
Milton had initially adopted bylaws permitting over 2,500 new multifamily housing units near transit, following the state mandate. However, residents later gathered enough signatures to force a ballot measure repealing those bylaws, prompting the attorney general’s legal action.
The high-stakes case is set to be heard by the state’s Supreme Judicial Court in October. If the court upholds the attorney general’s enforcement powers, that could set a precedent statewide.
At Town Meeting, Finance Director Aleesha Benjamin warned that rejecting the zoning changes jeopardized Marblehead’s eligibility for millions in state funding programs related to housing, climate resiliency, public works infrastructure and other municipal needs.
“We’re waiting for the state to advise us what options we have,” said Planning Board member Edward Nilsson, expressing hope the town avoids punitive measures like those faced by Milton. “Hopefully they won’t sue the town or take away grants that are in the pipeline.”
Planning Board member Barton Hyte said it would be “extremely unlikely” that a single additional housing development would have been built had Town Meeting OK’d Article 36.
“The way we crafted the overlay district was to have at best a minimal effect on the town,” Hyte told the Current on Friday.
Nilsson deemed the proposal a “very well organized and well laid out plan” requiring what he believes to be little to no revisions. Instead, he suggested efforts should focus on more effectively communicating the financial and long-term benefits to residents.
“The correction is … getting the word out to the townspeople that — for financial and long-term reasons — they should support this 100%,” Nilsson said.
‘Sham, sham, sham’
During the debate, 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.
Leigh Blander and Kris Olson contributed reporting to this article.
