The Select Board will again discuss the contentious MBTA Communities Act zoning issue at its meeting on Wednesday, Sept. 11, at 7 p.m. in Abbot Hall, following more than a week of behind-the-scenes discussions and community outreach.
The board’s renewed focus on the issue comes after a heated debate at its August 28 meeting, where residents and officials clashed over whether to hold a special town meeting to reconsider compliance with the state’s MBTA Communities Act. Voters narrowly rejected a proposed zoning change to comply with the act in May.
Select Board member Dan Fox said the board has been gathering information and consulting with various stakeholders, including state officials, to gain clarity on the potential consequences of non-compliance with the act.
“We’ve been talking to the state through [the office of Lt. Gov. Kim Driscoll], trying to get more information on exactly what happens if we are out of compliance,” Fox said. “We’re trying to get clarity on different grants and whether we stay in the queue or are knocked out for the year, where a lot of these grants are decided in the first half of the year.”
The MBTA Communities Act, signed into law in 2021, requires 177 communities served by the MBTA to zone for multifamily housing. Marblehead risks losing access to certain state grants if it fails to comply by Dec. 31.
Fox emphasized that the board’s primary goal is to make an informed decision that benefits the town and promotes unity rather than division.
“Ultimately, we want to do what’s best for the community and bring this town together, as opposed to dividing it,” he said. “We’re just all, individually, talking to different people and doing some real, deep due diligence and listening and trying to decide whether or not this special town meeting is the right move.”
The board has been engaging with residents on both sides of the issue. Fox noted that these conversations have been productive and have helped board members understand various perspectives.
“I think we all want what’s good for this town,” Fox said. “It doesn’t need to come across in personal attacks or in an aggressive way.“
John DiPiano, a local attorney who has been vocal in opposing a special town meeting to reconsider the zoning change, has been part of these discussions. DiPiano said that, while his position hasn’t changed, the nature of the conversation has improved.
“The dialogues with Erin Noonan and Alexa Singer do not change my mind about or influence my position as to scheduling a special town meeting,” DiPiano said. “But it has changed the tenor of the conversation, which is welcome and overdue.”
DiPiano continues to advocate for delaying any reconsideration until after the Massachusetts Supreme Judicial Court rules on a related case involving the town of Milton.
“The best outcome for me with respect to my communications with Select Board members is a meeting of the minds as to a reasonable compromise measure delaying any future consideration of Article 36 until the SJC has rendered its determination in the Milton lawsuit,” DiPiano said. “Premature scheduling of a special meeting undermines our town democratic process. A majority block of voters already decided to reject Article 36, knowing the potential risks involved.”
Fox acknowledged that the board is still in the process of making a decision about whether to hold a special town meeting. He expects to have more information from town staff at the upcoming meeting.
Fox said he anticipates hearing more facts about at-risk grants during Wednesday’s meeting.
”I’m expecting a presentation from town staff,” he said.
Fox noted that he’s still considering all aspects of the issue.
“I would be honest and say I’m still making up my mind until I have full information. I feel like I should be there by next Wednesday [on whether to hold a special town meeting],” he said.
DiPiano urged the Select Board to reconsider its role in the process. “A further successful outcome of our discussions would be for board members to realize that they were not elected to advance their personal political positions but to inform the voters of the particulars of the matter at hand to the best of their ability and let the voters decide their fate in accordance with the simple majority town traditions and principals in place for the past 375 years,” he said.
As the Wednesday meeting approaches, both officials and residents are emphasizing the need for civil discourse and a focus on what’s best for Marblehead’s future.
“We can disagree, but personal attacks have no place in the town,” Fox said. “I love to disagree. I’m happy to disagree. But I hear a lot of it, and I’m taking it in, and I really do see the opposing side and how they can feel disenfranchised with this discussion.”
