The Marblehead Select Board decided on Sept. 11 not to vote to call a special town meeting to reconsider compliance with the MBTA Communities Act, a state zoning law.
Inside the crowded meeting room at Abbot Hall, residents filled every seat, with latecomers standing shoulder-to-shoulder, pressing against the walls. Others, unable to enter, listened from the town hall’s rotunda and hallways. About 30 minutes into the meeting, the crowd erupted in chants of “No means no!” and “Respect the vote!” echoing through the packed town hall.
The rising tension reached a peak when resident and attorney John DiPiano, a leading voice against the MBTA zoning changes, stepped forward and raised his hands, urging the room to quiet down. As the noise subsided, a woman’s voice broke through, singing the opening lines of the town’s anthem, “Marblehead Forever.” She captured the room’s attention and momentarily diffused the charged atmosphere.
Later, DiPiano praised the board’s decision, stating, “What the board did tonight is tell an overreaching, authoritative state government that our democracy will not be threatened and that it’s not for sale.”
The potential costs of non-compliance
Outbursts peppered Select Board members’ comments after Logan Casey, the town’s sustainability coordinator, offered an overview of MBTA zoning and what non-compliance meant for the town.
According to Casey, Marblehead risks losing access to 13 specific state grants, including the Coastal Zone Management grants, due to its non-compliance. Furthermore, the town’s competitiveness in securing other grants may be compromised. In addition to the financial repercussions, Casey emphasized the legal risks and potential costs associated with the Attorney General taking enforcement action against Marblehead for its non-compliance. The town’s legal counsel estimates that addressing these issues could incur legal costs ranging from $25,000 to $75,000, depending on the town’s response.
“I’m conflicted here,” said Select Board member Dan Fox. “I have concerns about unknown financial consequences and implications for our accounts, but there is some of that that is unknown.”
The meeting, which followed a contentious Select Board session two weeks ago, saw board members grappling with the town’s May vote against adopting zoning changes that would allow for more multifamily housing. The state law requires 177 communities served by the MBTA to zone for such housing or face potential penalties, including loss of certain state grants.
Supporters of the revote argue that noncompliance would jeopardize crucial state grants and infrastructure projects, while opponents contend that the original vote should stand and question the state’s legal authority to enforce the act. The clash has inflamed passions in the town, with accusations of misinformation, concerns about democracy, and heated exchanges at public meetings.
Select Board Chair Erin Noonan outlined recent conversations with state officials, including the lieutenant governor’s office, regarding the consequences of non-compliance.
“We have $285,000 pending in FY25 grants through MassWorks and Livable Communities right now,” Noonan said. “It’s still to be determined what would happen to a community that receives those funds and then falls out of compliance.”
Noonan also relayed that if the state prevails in ongoing legal challenges to the MBTA Communities Act, “the Attorney General will swiftly move to file a lawsuit against non-compliant towns.”
Board member Moses Grader echoed his colleagues’ sentiments, but he also cautioned the consequences are very real for Marblehead, a town facing a financial crisis.
“I just want everybody to understand what the cost of this is, and that’s perfectly fine if the decision of the town is to not go ahead and implement 3A, you just got to know what the cost is,” he said.
‘It’s a benefit to families’
Trevor Moore, a resident, spoke in support of the proposed zoning changes.
“I want to say, right up front, that as a matter of principle, I support the thoughtful and deliberate creation of housing options for people in Marblehead,” he said. “I think it’s a benefit to families, to elderly people looking to downsize or right-size. I think it’s a benefit for workers, whether they’re in the public or private sector.”
Kurt James, a Fair Housing Committee member, emphasized Marblehead’s enduring housing challenges.
“We actually do have a housing issue here in town. We’ve had it for decades.” He urged separating local needs from the state mandate debate, encouraging residents to “take out the emotion about the state issue and just focus on the substance.”
Opponents contend that the original vote should stand and question the state’s legal authority to enforce the act.
‘I don’t like being held hostage’
Alicia Hart argued the town possesses autonomy to determine “how it wants to live and how it wants to grow.”
“I don’t like being held hostage by the state on this … it reminds me of the bussing crisis in Boston,” said Alicia Hart. “It was such a failure. I just feel that this … has not been carefully considered, and it’s full of contradictions.”
Jonathan Paulman said that the proponents of the zoning changes believe in the benefits without needing proof, while the opponents were looking for actual data to support the claims. “There are a lot of people here because they’re furious,“ he said. “They have a right to be furious, not at you personally, but furious at this process.“
Some residents voiced concerns about the accessibility of the town meeting process, noting that the lengthy, multi-day format poses challenges for many community members. One resident, a working mother of two, suggested exploring alternative methods to facilitate participation and ensure all voices are heard.
What’s next
School Committee member Sarah Fox, a six-year veteran of Marblehead’s budget process, described the situation as “a math problem” with limited solutions.
“If we, as a town, are saying no more taxes and we, as a town, are saying we don’t want the state’s money either, we have to cut something else because it is a fixed pot of money.” Fox urged continued public engagement during budget season.
The board agreed to continue monitoring the situation, particularly the outcome of pending legal challenges to the MBTA Communities Act.
