The Marblehead Planning Board postponed its vote on the town’s MBTA Communities Act zoning proposal Tuesday night, opting to wait until after the Select Board discusses the housing mandate at its meeting today at 7 p.m. in the Marblehead High School library.
The board did, however, unanimously approve proposed zoning changes to the town’s floodplain district maps and accessory dwelling unit bylaw for consideration at the Monday, May 5 Town Meeting.
Planning Board Chair Andrew Christensen said the board needed more information before deciding on the MBTA Communities Act compliance plan.
“I think we really need to know what the Select Board is doing,” said Christensen. “We’re supposed to make a determination tonight, and then they’re supposed to make a determination tomorrow. That doesn’t make any sense.”
The delay comes after state Auditor Diana DiZoglio recently determined the MBTA Communities Act constitutes an unfunded mandate. Opponents have urged the Select Board to pursue a compliance exemption based on this ruling.
Board member Barton Hyte expressed concern about proceeding without clarity from the Select Board.
“I just think that if they’re going to potentially pursue something that would lead to an exemption from compliance with Section 3A, I think we have to hear what they have to say first,” Hyte said.
The board voted unanimously to continue the MBTA Communities Act discussion to its March 27 meeting, after the Select Board weighs in.
On the floodplain district bylaw changes, Town Planner Alex Eitler explained the updates were necessary to comply with federal requirements and ensure residents maintain access to flood insurance.
“If we don’t update the floodplain district to incorporate the new maps, then what could happen is the town could be sanctioned by FEMA,” Eitler said. “And essentially, that would potentially jeopardize people’s ability to get flood insurance.”
The proposed changes would designate the building inspector in the building department as the permitting authority for floodplain development, with Marblehead’s town engineer serving as floodplain administrator.
The board spent considerable time discussing changes to the accessory dwelling unit bylaw needed to comply with new state regulations taking effect.
Resident Susan Walker raised concerns about the bylaw modifications, particularly regarding historic properties.
“I am troubled by the ADU provision that allows the ADU to be sold separately from the main house,” Walker said. “A lot of historic houses have separate carriage houses that have been converted to ADUs. It’s a way to preserve the historic fabric of Marblehead. If you allow separate sales of these historic properties, then you fragment the historic property and historic setting.”
Walker added: “I am really troubled by the state’s micromanagement of ADUs. I recognize there’s a housing crisis, but I think the state should stay in its lane.”
Eitler acknowledged her concerns but explained the town has limited flexibility under the new state requirements.
“The state has removed a lot of the discretion that we would otherwise have,” Eitler said. “We have to revise our bylaw to be consistent with state law.”
Key changes to the ADU bylaw include removing the owner-occupancy requirement, allowing separate ownership of ADUs, and maintaining the board’s site plan review authority.
The board also postponed discussion of a citizens’ petition that would permit residents to store fishing gear and lobster traps on their property. The petition’s sponsor, local lobsterman Ray Bates, was not present at the meeting. The board agreed to hear the petition in April.
The Planning Board will reconvene March 27 to address the MBTA Communities Act proposal after hearing the Select Board’s position.
