Marblehead officials must submit a detailed action plan by Feb. 13 outlining how they’ll comply with MBTA Communities Act requirements, as part of new emergency regulations that extend the final compliance deadline to July 14. The town, which rejected multifamily zoning at last year’s Town Meeting, plans to bring the measure back for another vote in May.
The emergency regulations from the Executive Office of Housing and Livable Communities were filed Jan. 14 in response to Jan. 9 Supreme Judicial Court ruling upholding the MBTA Communities Act’s constitutionality.
Speaking on WGBH Radio hours before the regulations were released, Attorney General Andrea Campbell said her office prefers collaboration over litigation with communities not yet in compliance.
“The MBTA Communities Act is just one tool to help address that crisis, and I hope municipalities will not take their sight off of that. This is a solution to a crisis,” she said. “We don’t want to lose more people who will leave Massachusetts.”
Campbell added: “I hope municipalities will do everything they can, as we have been, and work with us to get it done.”
The emergency regulations will remain in effect for 90 days while the state works to adopt permanent regulations following a public comment period. They do not change the law’s core requirements or affect determinations for communities already in compliance.
Town Administrator Thatcher Kezer said Marblehead’s implementation primarily involves scheduling key dates.
“Based on what I read, it looks like we primarily need to plug in the dates of the actions we are taking, such as Planning Board hearing and Town Meeting dates,” he said.
The July compliance extension won’t affect the town’s planned May Town Meeting timeline.
“If the MBTA zoning proposal passes at the May Town Meeting, we will be compliant before the new deadline,” Kezer explained.
The town’s existing multifamily proposal won’t need modifications under the emergency regulations, according to Kezer.
“We have successfully gone through the pre-adoption review process,” he said. “With the regulations making no substantive changes from the guidelines, we would not need to make any changes.”
Looking ahead to community outreach, Kezer outlined plans for information sessions similar to last year’s efforts leading up to Town Meeting.
“There are citizen advocacy groups that have been and will continue to campaign for its passage,” he said.
The town is currently applying for state grants but remains uncertain about eligibility during this extended compliance period through July 14, according to Kezer.
Marblehead’s Planning Board has tentatively scheduled a March 11 hearing on the town’s zoning plan. Because the multifamily zoning is being reconsidered within two years of being rejected, state law requires the Planning Board recommend its adoption before Town Meeting can take up the measure.
“If the Planning Board does not rule favorably on this plan, when it goes to Town Meeting, it does not even get heard,” Town Planner Alex Eitler explained at the Planning Board’s Jan. 8 meeting.
The town’s proposed multifamily zoning plan includes approximately 58.4 acres across three districts, allowing for up to 897 housing units. This model was designed to meet state requirements while providing flexibility in addressing local concerns, according to proponents. The plan includes 300 existing housing units that would count toward the town’s zoning obligations.
Planning Board member Marc Liebman has suggested comparing the MBTA Communities Act requirements to Chapter 40B, the state’s affordable housing law, noting that developments under 40B could potentially be denser than what would be allowed under the proposed zoning.
“We want to make sure these communities have adequate time to develop their zoning, conduct public engagement activities and bring that zoning to their local legislative bodies,” said Executive Office of Housing and Livable Communities Secretary Ed Augustus. “Local involvement is critical in developing zoning districts that put multifamily housing where communities have determined are the best locations.”
Housing advocates in Marblehead have intensified their efforts to build support for compliance, including a pledge drive launched in October with blue cards declaring “I will support the MBTA Communities Act.” The Marblehead Housing Coalition aims to secure at least 1,000 pledges before the May Town Meeting vote.
Statewide, 116 communities have already adopted compliant multi-family zoning districts, with more than 3,000 housing units in development within these areas. The MBTA Communities Act requires 177 cities and towns to establish at least one zoning district where multi-family housing is permitted by right.
Reporting contributed by Leigh Blander and Kris Olson.
