Marblehead housing advocates say today’s Supreme Judicial Court ruling on the MBTA Communities Law should eliminate any remaining doubt about the town’s need to comply with the law.
The Supreme Judicial Court affirmed the Attorney General’s authority to enforce the law requiring multifamily housing near transit stations, though it ruled that the state’s housing office must revise its guidelines to follow administrative procedures. The decision comes as Marblehead faces potential loss of state grants and legal action after rejecting zoning changes last May.
“This decision brings clarity to our path forward,” said Angus McQuilken of the Marblehead Housing Coalition. “The ruling makes clear that the state has the authority to enforce this law, and we’re potentially talking about more at risk than just the loss of grants.”
In recent months, the coalition has intensified its efforts to build support for compliance, including a pledge drive launched in October with blue cards declaring “I will support the MBTA Communities Act.” Peirce Law, a coalition member, said its members aim to secure at least 1,000 pledges before the May Town Meeting vote.
The United States Census shows the town’s population has transformed significantly under current zoning restrictions. Since 1970, the number of children under 5 has dropped by half, while the population of young adults aged 25-34 has fallen by more than 50%. The over-85 population has more than doubled.
Kurt James, a member of the Fair Housing Committee, said the SJC ruling offers an opportunity to move past legal debates and focus on addressing these demographic challenges.
“The town has an opportunity now to take a step back without all the emotion that was wrapped up with the state mandate and assess whether this proposed bylaw meets our needs to create more housing for teachers, town employees, elderly residents and young families,” James said.
Law emphasized that Marblehead’s delay in adopting the zoning changes has put the town at a disadvantage.
“We are behind the ball,” he said. “We’re behind the curve,” Law said. “The towns that were prudent and proactive about this decision should be proud of the fact that they were ahead of the game.”
The Housing Coalition plans to continue community outreach ahead of May’s Town Meeting.
“Part of our role is educating residents about opportunities to increase housing choice,” McQuilken said. “The choice is no longer whether to comply. The choice now is how to comply through a democratic process where everyone who wants a voice has one.”
James emphasized the need for continued public engagement to help residents understand both the importance of compliance and the details of proposed zoning changes.
“We need to get them to appreciate that this is a reasoned measure, that the likelihood of dramatically increasing the population or changing the character of the town physically is not high at all,” James said, noting that some development is already moving forward, including plans to add 35 new affordable units on Broughton Road.
McQuilken framed compliance as critical for Marblehead’s economic future.
“We need to build our tax base in this community,” he said. “If we fail to do that, every homeowner and business owner will see annual increases in their tax bills because we’re dividing rising costs among the same number of people.”
The Select Board is expected to discuss next steps at its Jan. 22 meeting. Housing advocates say the previous narrow defeat suggests the community is close to embracing change.
“[Some against the zoning] wanted to wait. We waited,” said McQuilken. “They lost, and now it’s time for us as a community to unite behind a smart and compliant plan and to pass that plan as soon as it is possible to do so.”
