Gov. Maura T. Healey has created a new $15 million fund to support housing development in communities complying with the MBTA Communities Act, but Marblehead risks missing out if it doesn’t reverse course on its decision to reject required zoning changes.
The governor and Attorney General Andrea Joy Campbell on Oct. 1 announced that 75 municipalities have embraced zoning changes to create more housing and lower costs across Massachusetts.
While Marblehead still has until Dec. 31, to comply, it currently stands among the 101 communities out of 177 that have yet to adopt the MBTA, according to WBUR reporting. This fund provides financial support to compliant communities for housing and infrastructure projects.
The announcement came just days before the Supreme Judicial Court, Massachusetts’ highest court, hears Campbell’s case against the town of Milton for failing to comply with the MBTA Communities Law. That hearing is set for Monday, Oct. 7. The court has 130 days to make a decision.
Regarding what the town should do if the court rules against Milton, John DiPiano, a local attorney who expressed caution about speculating without knowing the specific details of the potential ruling.
“It would depend upon what the opinion says,” he explained. “My recommendation would be dependent upon what particular language is in the holding from the SJC.”
He expressed skepticism about the potential loss of grant funding for non-compliant communities.
“Grants are speculative in nature to begin with,” he said, “so we’ll keep talking about losing money that we haven’t actually been awarded.”
While some opponents of Marblehead’s compliance suggested at last Town Meeting that a vote be taken after the court’s decision, Town Administrator Thatcher Kezer told the Current that the “window for holding a special town meeting” has essentially closed for Marblehead to meet the Dec. 31 deadline. However, he noted that the final decision rests with the Select Board; he said the matter could be taken up in May.
Rep. Jenny Armini, who represents Marblehead, expressed concern about the town’s position.
“The town has put itself at a significant disadvantage when it comes to securing state funds. There is no sugar coating that,” Armini said. “The ability to even apply for grants is prevented by a version of ‘3A compliance required’ on grant announcements.”
The MBTA Communities Act, passed with bipartisan support in January 2021, requires 177 cities and towns to establish at least one district where multifamily housing is permitted as of right. The law aims to address the state’s housing crisis by allowing multifamily housing near public transport.
State Sen. Brendan Crighton emphasized the importance of compliance.
“Not only will non-compliant communities miss out on this funding opportunity, but they also will be at risk of missing out on future state funding and grants,” Crighton said.
He added that both the Healey administration and the attorney general have shown they are serious about enforcing compliance.
“The loss of these potential funding sources would have huge ramifications for our entire community,” Crighton said.
Despite the potential consequences, Marblehead’s Select Board decided on Sept. 11 not to call a special town meeting to reconsider compliance with the Act. The decision came after a heated meeting where residents filled Abbot Hall, with some chanting “No means no!” and “Respect the vote!”
The Marblehead Housing Coalition, a local group advocating for compliance, expressed disappointment with the town’s decision. Peirce Law, a member of the coalition, stated:
“We applaud the Governor’s Office for its support of municipalities that have adopted the MBTA Communities Law, and regret that Marblehead is not among those eligible to receive the millions of dollars now being made available for cities and towns that are following the law.”
Law emphasized the potential benefits of compliance.
“Creating more housing options benefits Marbleheaders of all ages, income levels and walks of life,” Law said. “We urge our town leaders and voters to support the careful, deliberate creation of housing choices for people in Marblehead the next time we are able to vote on the matter.”
The coalition believes that as the consequences of non-compliance become more apparent, public opinion may shift. Law added that 3A zoning failed to pass at this year’s town meeting by a narrow margin.
“As the consequences of that decision begin to mount, we believe the people of Marblehead will support the passage of 3A zoning at the next available opportunity, whether that’s in May or sooner,” Law said.
Armini noted that while the town’s current stance puts it at a disadvantage, there’s still time to change course.
“The good news is that this decision is reversible. Once our plan is approved, we are eligible for state funding,” Armini said. “It is up to us, Marblehead taxpayers, to decide if we will shoulder the full cost of expensive infrastructure and other projects for the foreseeable future.”
To address concerns about the accessibility of town meetings, Armini suggested, “Holding town meeting on a Saturday might be a way to include more citizens in the process.”
As Marblehead navigates this complex issue, Armini stressed the importance of open dialogue and fact-based decision-making.
“Facts are always a good place to start when trying to find common ground because facts are not up for interpretation,” Armini said. “From there, listening to the views, fears and motivations of our neighbors provides the context for understanding different sides of an issue.”
