As of Jan. 1, Marblehead is noncompliant with state zoning law

As of Wednesday, Jan. 1, Marblehead is noncompliant with the controversial MBTA Communities Act, which is aimed at easing the state’s housing crisis by requiring communities to zone for more multifamily housing. Marblehead is now at risk of losing millions of dollars in grants. The town also faces potential legal action from the state’s attorney general.

“We have a lot of concern about what money we’re losing from the state,” said Select Board member Dan Fox. “We have a couple grants we know are at risk right now, close to $400,000.”

Fox added that the Select Board will sponsor an article on the May 2025 Town Meeting warrant addressing the MBTA Communities Act. 

Opponents of the MBTA Communities Act demanded at a September meeting that the Select Board not call another zoning vote.  COURTESY PHOTO / JAMES MARONEY

“It is our hope and expectation that with a successful vote in May, we will once again be eligible and that the awarded grants will be released to the town,” said Town Administrator Thatcher Kezer. “With the creation of the new Community Development and Planning Department, we will continue to apply for any and all grants, in greater numbers, that would be beneficial to the town. It will be up to the voters at Town Meeting to decide if we are to benefit from this effort.”

Meanwhile, the state Supreme Judicial Court is expected to release its ruling soon on Attorney General Andrea Campbell’s suit against the town of Milton, which also rejected zoning changes and is noncompliant with the MBTA Communities Act.

The ruling may determine whether dozens of resistant communities, including Marblehead, will face legal action. 

“Regardless of whether we hear from the SJC, it will be on the warrant,” Fox said. “Hopefully by then we’ll have a clear and concise ruling.”

Defeat last spring

Last May, Town Meeting voters narrowly rejected, by a 33-vote margin, a Planning Board proposal to create three, multifamily housing districts on Tioga Way, Pleasant Street and Broughton Road. The plan zoned for the housing but did not mandate that it be built. The new zoning would have allowed up to 600 new units of housing. 

Fox emphasized that the Planning Board’s proposal will not change.

“The Planning Board and consultants came up with a really good plan that allows for some growth but also controls it,” he said.

Heated debate

Opposition to MBTA Communities Act compliance remains vocal. Some residents argue that last May’s Town Meeting vote should be respected as democratic decision-making, and revisiting it undermines that process. Critics also express concern about state overreach, suggesting the law infringes on local zoning control.

“I believe the most effective way to alleviate the problem is coordination with local designers and builders and provide local incentives,” said critic Anthony Chamay.

He added: “Many of us who have observed our political leadership’s handling of migrant housing are concerned that state leaders will fill new housing with unwelcome foreigners.”

Housing advocates say that compliance will bring benefits to Marblehead residents of all ages and income levels by creating more housing options. 

Visit MarbleheadCurrent.org and its special MBTA Communities Act landing page for a comprehensive list of articles, editorials and letters to the editor on this topic.

Editor |  + posts

Editor Leigh Blander is an experienced TV, radio and print journalist.

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