Voters at Town Meeting approved Article 23 by a vote of 951 voting “yes” to 759 voting “no” Tuesday night, adopting a multifamily zoning overlay district that brings the town into compliance with the state’s MBTA Communities Act after two years of contentious debate.
The measure will create a 3A Multifamily Overlay District permitting housing at 15 units per acre in three areas: Pleasant Street, Tioga Way and Broughton Road. These 58-acre zones accommodate 897 units, meeting state requirements. Approximately 360 existing multifamily housing units are already located within the proposed MBTA Communities zoning districts.
John DiPiano, who introduced a motion to indefinitely postpone the article, said he’d take the issue to the ballot box.
“I have taken the liberty because of this contingency of already pre-drafting a petition for a referendum vote,” DiPiano said.
He also questioned financial claims made by proponents.
“We’ve heard from our administration … and proponents of this article, one side primarily of this story, all of the negative information has been provided with respect to what happens potentially if we do not adopt this measure, not why it’s good for our community,” DiPiano said.
He challenged assertions about grant funding at risk, citing Freedom of Information Act requests that he said showed a much smaller amount potentially at stake.
DiPiano dismissed arguments that the measure would create affordable housing, noting it primarily supports market-rate development with minimal affordability requirements.
“All of the seniors who have been told this is for you, all of the people who are young, who are starting up will have been told, this is for you. This is not for you. It’s market rate housing,” he said.
His most significant concern focused on potential municipal costs. Citing legal documents from other communities fighting the mandate, DiPiano referenced affidavits suggesting multifamily housing development could require hiring additional police officers, firefighters and other municipal staff, potentially costing millions.
Bob Erbetta urged resistance to the state mandate.
“Two hundred and fifty years ago, we didn’t take kindly to being mandated by the British government, and we kicked them out,” Erbetta said.
Former Finance Committee member Jack Buba agreed.
“Marbleheaders are not afraid of the state,” he said.
3A supporters
Supporters urged residents to vote against DiPiano’s postponement motion, emphasizing practical considerations and demographic realities facing the town.
Nick Ward, speaking against postponement, focused on Marblehead’s changing demographics and future housing needs.
“What if Marblehead changes in a way that I don’t like? But that’s only half the equation that you have to grab, because you need to ask yourself, what if I change and Marblehead doesn’t,” Ward said.
He highlighted personal examples of housing challenges, including his mother’s experience after an injury, and young residents leaving town due to housing costs.
“I sat next to a kid who grew up in this town his whole life, who just graduated from college, but that said he was gonna be moving to Michigan because he couldn’t find any way to live in this town,” Ward said. “You might not be interested in change, but change is always interested in you.”
Select Board member Dan Fox emphasized the town had no choice after a January Supreme Judicial Court ruling upheld the law’s constitutionality.
“The state has made us a 3A community. That is not a choice we have,” Fox said, while acknowledging community divisions. “You know what it’s done? It’s brought neighbors against each other. It’s brought people in our Planning Board worried about threats.”
Fox praised the Planning Board’s efforts to create a compliance plan that “retains the character, the history of our town.”
On the night’s vote, state Rep. Jenny Armini said, “Marbleheaders possess abundant common sense.”
