The Select Board voted Monday to set July 8 as the date for a special election that will determine the fate of recently approved multifamily zoning changes required under the state’s MBTA Communities Act.
The referendum will decide whether to uphold Article 23, which Town Meeting approved May 6 by a 951-759 vote, to create overlay districts allowing multifamily housing in three areas of town — parts of Pleasant Street, Broughton Road and Tioga Way — which could permit up to 600 additional housing units.
The decision follows local attorney John DiPiano’s submission of 1,204 petition signatures on May 12 to the Select Board office, more than quadruple the 300 signatures required to trigger a special election under Chapter 405 of the Acts of 1954.
The ballot question will ask: “Shall the town vote to approve the action of the Town Meeting wherein the Town Meeting voted to approve Article 23 (the adoption of general law Chapter 40A, Section 3A districts?”
For the referendum to overturn Town Meeting’s decision, Town Counsel Lisa Mead told Select Board members “in order to overturn the action of Town Meeting (a) a majority of the voters must vote no and (b) the ‘no’ votes must be equal to or greater 20% of the number of registered voters in town.” That’s approximately 3,315 votes from the town’s 16,576 registered voters. During public comment, resident Nick Ward urged the board to maximize voting accessibility for residents, pointing to the concerns DiPiano made about not enough residents weighing in on Article 23.
“I would really like to encourage the Select Board and the town to actively allay those concerns by making sure that we have every possible avenue available for voting in this special town election,” Ward said. “At a minimum, that’s going to include vote by mail, but I think ideally it would also include early in-person voting as well.”
Select Board Chair Erin Noonan responded that mail-in voting is “now by right, and you have to opt out of it,” adding that “there is mail-in voting available for all elections.” Decisions about early voting will be made by the Board of Registrars, which meets next week.
DiPiano, who spearheaded the petition drive, raised concerns about both the voting hours and the vote threshold required to overturn Article 23. The hours and threshold are stipulated by law.
“The polls will be open from 2 p.m. in the afternoon until no earlier than 8 p.m.,” DiPiano said. “I would urge the board to keep the polls open until at least 10 p.m. because the previous week is a holiday week.”
DiPiano said he may ask a judge to weigh in on those issues.
‘These issues have really torn us apart’
Select Board member Bret Murray, whose term is ending, criticized personal attacks directed at board members, particularly Noonan and Daniel Fox. Fox had also filed a conflict of interest disclosure regarding his ownership of MerryFox Realty.
“All five of us voted in favor. All five of the Planning Board voted in favor. Eight of the nine FinCom voted in favor,” Murray said. “We’re talking 18 out of 19 people voted in favor of Article 23 and we had two people, Ms. Noonan and Mr. Fox as their speakers [on 3A].”
Murray added: “I don’t mind attacks against us as a board, but individually, that is just not Marblehead. These issues have really torn us apart, and this is just horrible.”
A terse exchange between Murray and resident John DiPiano underscored the raw emotions surrounding the debate over Article 23. During public comment, Murray suggested that DiPiano should apologize for remarks he had allegedly made online. Before DiPiano could respond, Select Board member Dan Fox interjected, saying, “You’re out of order.”
DiPiano told the Current after the board adjourned how he would’ve responded to Murray had he been given the chance.
“I have made it clear that I think that this board, led by Erin Noonan and by Dan Fox, have been partisan in their approach to 3A, OK?” he said. “And that has been my complaint on social media. I continue to believe that to be true.”
He added, “It’s a citizen’s right to call that out and to criticize your government.”
Select Board member Alexa Singer defended the board’s willingness to communicate with residents.
Marblehead must submit its final compliance package to the state by July 14, according to regulations from the Executive Office of Housing and Livable Communities. If Marblehead does not comply, town leaders say it risks losing millions of dollars in state grants.
Town Clerk Robin Michaud estimated the special election will cost approximately $12,000. Ballots for the town’s regular June 10 municipal election had already been sent to the printer on May 9, making it impossible to include the referendum on that ballot.
