Massachusetts Attorney General Andrea Campbell issued a stern warning to Marblehead officials after the Select Board decided not to reconsider compliance with the MBTA Communities Act. Campbell emphasized that “compliance with the law is mandatory” and noncompliant communities may face enforcement action.
The warning came after the Select Board decided on Sept. 11 not to call a special town meeting to re-vote on zoning changes that would increase multifamily housing. The deadline to comply with the MBTA Communities Act is Dec. 31, raising concerns about potential legal and financial consequences for the town.
‘Range of consequences’
Campbell, responding to the Marblehead Current’s request for comment, emphasized the importance of the law and her office’s commitment to its enforcement.
“A coalition of Democrats and Republicans passed the MBTA Communities Law, and it’s my job to enforce it,” Campbell stated. “Compliance with the law is mandatory, and this law is an essential tool to address our housing crisis, which sadly is leading to more and more residents leaving Massachusetts.”
Campbell’s office clarified that while it will continue to work cooperatively with any noncompliant community seeking to come into compliance, there could be serious repercussions for those who fail to meet the requirements.
“Communities that fail to comply with the law may ultimately be subject to a range of consequences, including enforcement action to compel compliance,” a spokesperson for the Attorney General’s office explained. “Importantly, communities cannot avoid their obligations under the law by choosing to forego funding.”
The town’s legal counsel has said that the town’s legal costs could range from $25,000 to $75,000, according to Sustainability Coordinator Logan Casey.
The potential financial impact of noncompliance is a significant concern for town officials. This precarious position means the town is not yet facing the freezing of state funds, but the clock is ticking. Finance Director Aleesha Nunley Benjamin notes that once the calendar flips to Jan. 1, the state is likely to reach out and assess the town’s standing.
“We would get a letter from the AG’s office,” said Benjamin. “It would inform us of our noncompliance.” She added that the state may renege on already-awarded grants, “but we don’t know.”
Benjamin provided insight into the grants at risk.
“We currently have $285,900 in pending grant applications for FY2024 that take compliance with the MBTA Communities law into consideration,” Benjamin explained. These applications include a $135,900 MassWorks grant for the Five Corners and School Street parking lot redesign and a $150,000 Community Planning Grant for the town’s comprehensive master plan.
Benjamin emphasized that these grants are just the tip of the iceberg.
“There are 13 specific state grant programs that consider MBTA Communities law compliance in their decision-making process,” she noted. These programs span various areas of community development, from housing initiatives to downtown revitalization and environmental conservation efforts.
Benjamin also addressed concerns about the presentation of financial risks in several meetings.
“Some people felt like it was more of a scare tactic. And it’s not. It’s just us providing information,” Benjamin clarified. “If you want to pay more in taxes, that’s your choice.”
‘Marblehead Forever’
The Select Board meeting on Sept. 11 was marked by intense opposition to a special town meeting vote on 3A. 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.”
Dan Fox also underscored the state’s posture on MBTA compliance, speaking to a his conversation with Lt. Gov. Kim Driscoll.
“We did ask for a reprieve, an extension, because we need to ask it, and the answer was ‘No.'” Fox said. “She was clear that she didn’t want to be punitive but that this was the law and that they were going to follow it through on this.”
Looking ahead to next year, he said the town faces a significant hurdle in applying for grants. Without compliance, applications for funding are unlikely to progress beyond the initial approval stage.
Board member Moses Grader echoed his colleagues’ concerns while emphasizing the real financial stakes for Marblehead.
“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’
The meeting also saw residents speaking in support of the proposed zoning changes. Trevor Moore, a local resident, expressed his backing for the initiative.
“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 member of the Fair Housing Committee, highlighted Marblehead’s longstanding housing challenges.
“We actually do have a housing issue here in town. We’ve had it for decades,” he noted. James urged the community to separate local needs from the state mandate debate, encouraging residents to “take out the emotion about the state issue and just focus on the substance.”
‘I don’t like being held hostage’
However, opponents of the zoning changes remained vocal. Alicia Hart argued for the town’s autonomy, stating, “I don’t like being held hostage by the state on this … it reminds me of the bussing crisis in Boston. It was such a failure. I just feel that this … has not been carefully considered, and it’s full of contradictions.”
Jonathan Paulman criticized what he perceived as a lack of concrete evidence supporting the benefits of the zoning changes.
“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.”
Benjamin also highlighted the complexity of ongoing town projects that could be affected by noncompliance.
“We’ve been working on projects for years,” she noted. “We have to pay for the design. We took all this time. We paid for the design. We’re getting ready for construction. Now is the time we need the money.”
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.
