Just minutes after Town Meeting voters approved a controversial multifamily zoning overlay, a local attorney launched a signature drive that seeks to give voters a chance to have their say at the ballot box.
John DiPiano, a Marblehead resident and Salem-based family law attorney, is citing Chapter 405 of the Acts of 1954—a Marblehead-specific law that allows binding citizen referendums on certain Town Meeting decisions. Passed by the Legislature in 1954 as a special act, the law allowed towns the option to adopt a local referendum process for challenging select Town Meeting votes. Marblehead voters embraced the measure by a wide margin on the March 1955 ballot. The law applies to votes involving appropriations over $50,000, changes to town bylaws—including zoning—and the restructuring of town boards or offices.
The campaign follows two years of heated local debate over the town’s compliance with the state’s MBTA Communities Act, which culminated with a 951-759 vote in favor of Article 23 on the warrant Tuesday night.
By Wednesday evening, DiPiano had collected 160 signatures and continued to gather additional signatures outside Marblehead High before Town Meeting’s second night.
“A significant number of people pre-Town Meeting vote and post-Town Meeting vote indicated that, for a variety of reasons, they couldn’t get to Town Meeting,” DiPiano told the Marblehead Current on May 7. “There were some people who were elderly who can’t get to Town Meeting because they can’t sit for that long, and so this is a response to that.”
Under the special act, residents need to file a petition with at least 300 signatures within five business days of Town Meeting’s dissolution to call for reconsideration of a vote. If the signatures are validated, the Select Board must schedule a special town-wide election, according to the town’s bylaws and adopted statues.
“All I want to do is engage in a full democratic process, and after that I am willing to accept the will of the majority, but I’m not sure that we had that full majority last night,” DiPiano said May 7.
DiPiano said he believes the referendum process directly engages more voters than Town Meeting alone.
The petition targets Article 23, which designates three areas — Pleasant Street, Tioga Way and Broughton Road — as multifamily overlay zones, allowing up to 897 units. During Town Meeting, DiPiano had moved to indefinitely postpone the article, questioning the scope of grant risks cited by supporters and criticizing the lack of guaranteed affordability in the zoning plan.
“Another reason why I’m seeking a referendum [is] I think the Select Board, as a collective body, has really become more of lobbyists for 3A,” DiPiano said.
According to Select Board Chair Erin Noonan, to overturn the zoning article:
— A majority of those voting in the referendum must vote “no” on approving Town Meeting’s vote on Article 23.
— The number of “no” votes must equal or exceed 20% of Marblehead registered voters.
Given 16,576 registered voters, that 20% threshold is approximately 3,315 votes. Town Clerk Robin Michaud said “a rough cost estimate of running an election is $12,000.”
Town Clerk Robin Michaud said legal questions surrounding the referendum process are being handled by town counsel, while her focus remains on administering election logistics.
Could the referendum land on the June 10 municipal election ballot? Michaud says “no,” as she planned to send the ballot to the printer on May 9 under a state-mandated timeline that may further narrow the window for holding a referendum within the required timeframe.
The town must submit its final compliance package under the MBTA Communities Act by July 14, according to emergency regulations issued earlier this year by the Executive Office of Housing and Livable Communities.
“In 24 years that I’ve been in the clerk’s office, it hasn’t come up,” she said of the referendum statue. “When the Select Board calls a special election, it has to be done no less than 35 days prior to the election.”
Consulting legal counsel
Town Administrator Thatcher Kezer responded Thursday to questions about a potential referendum, saying town officials would be consulting with legal counsel.
“We will work with [Town Counsel] Lisa Mead to get clarity and guidance on this matter,” Kezer wrote in an email. “Currently, she and the rest of us are focused on wrapping up Town Meeting. As soon as we have the opportunity for her to review the information and for us to have a conversation, I will be happy to share whatever information we have as to what options there are to move forward.”
Michaud said the number of registered voters stands at 16,576. She provided “a rough cost estimate of running an election is $12,000.”
Meanwhile, as for now, passage on May 6 will return Marblehead to good standing with the Executive Office of Housing and Livable Communities, restoring eligibility for competitive grants and forestalling potential enforcement.
Michaud said, “as required by law,” she will be submitting the amended bylaw and revised zoning map to the Office of the Attorney General for review, a process that can take up to 90 days. Once certified, the town will file its final compliance package with the state and publish procedural guidelines for applicants.
Select Board Chair Erin Noonan expressed confidence in the May 6 vote despite the referendum effort.
“As shown by our record-breaking Town Meeting attendance, last night was a referendum on 3A, where the town voted three times to support the zoning plan,” Noonan said. “I’m confident the town would again support the common sense plan developed by our town Planning Board.”
Following Milton’s footsteps?
Milton’s referendum experience with the MBTA zoning offers a parallel path that Marblehead may soon follow. In February 2024, Milton residents overturned their Town Meeting’s previously approved multifamily zoning plan at the ballot box, voting 54% to 46% against the measure in a special election that drew nearly 9,500 voters. Like the effort underway in Marblehead, Milton’s petition drive successfully moved the decision from Town Meeting to a town-wide vote.
And the consequences were swift: Milton immediately fell out of compliance with state law, losing eligibility for multiple grant programs. Within weeks, Attorney General Andrea Campbell filed a lawsuit against the town, a case that ultimately reached the Massachusetts Supreme Judicial Court in October 2024.
Meanwhile, the Marblehead Housing Coalition, which supported the zoning overlay, also expressed optimism about the outcome despite the referendum effort.
“The MHC supports democracy, so we were thrilled with and grateful for the record turnout at Town Meeting,” said Angus McQuilken, founding member of the coalition. “We were also very pleased that common sense prevailed to support 3A zoning.”
He added, “We will continue to follow the democratic process wherever it leads.”
