The Select Board will meet Tuesday, July 15, at noon to discuss appealing to state officials for leniency after Marblehead voters repealed MBTA Communities Act zoning changes, putting more than $4.6 million in grants at risk.
“We are discussing, you know, potential correspondence with the appropriate officials at the state level, which I’m anticipating would be the governor and attorney general,” Select Board Chair Dan Fox said. “We plan to discuss our situation and what we’ve done and to appeal to them to consider our unique situation.”
That situation came on July 8 following voters’ rejection of multifamily zoning requirements by a margin of 3,642 to 3,297.
Town Administrator Thatcher Kezer outlined the immediate financial consequences of the town’s noncompliance, which took effect Monday when the July 14 deadline passed.
The town faces the potential loss of $1.28 million in already-awarded (but not yet contracted) state grants for projects including shipyard resilience, MBTA safety improvements and community celebrations, plus another $354,792 in contracted grants — money already committed for infrastructure and planning projects that may be reconsidered due to noncompliance.
Additional pending grant applications worth more than $3 million for projects including historic preservation, Rail Trail improvements and downtown planning are also at risk, Kezer said.
“It’s not just about the money, it’s about the benefits of the projects that this money is for,” Kezer said. “That’s the real impact on the community.”
Contracted grants potentially in jeopardy include Mass Work funding for the Five Corners redesign project, a community planning grant for the master plan and municipal fiber network phase three funding for expansion to the neck.
Kezer warned that the town’s noncompliance could force it to forgo an $11.6 million federal port infrastructure development program grant because Marblehead would need to provide a $1.1 million local match previously covered by state funding.
The town also risks losing eligibility for future grants, including $2.98 million for Village Street bridge reconstruction. While that project sits on the state’s Transportation Improvement Plan’s “conveyor belt,” Kezer said the question remains whether the Metropolitan Planning Organization will remove noncompliant communities from consideration.
Pending state grant applications at risk include:
— Funding for the Abbot Hall attic and accessibility project worth just under $1 million for historic preservation storage spaces.
— $866,000 for Rail Trail improvements
– Additional funding for State Street Landing resilience design, Americans with Disabilities Act projects and downtown planning initiatives.
Select Board member Moses Grader emphasized that the town should continue pursuing critical infrastructure projects regardless of funding uncertainties.
“I think we ought to continue that effort,” Grader said. “Rather than looking to state funding, I think you know, if, if it’s not available, we have to determine that we go before the town of Marblehead and assess, you know, what kind of debt capacity we have to get these projects going.”
During public comment, resident Yael Magen, who helped lead the repeal effort, called for unity following the divisive referendum campaign and urged the board to seek alternatives to full compliance.
“I think at this time, what we really should do as a town — as a Select Board — is really listen to the constituents,” Magen said. “Listen to what many residents have asked to do, whether it’s to ask for an exception, an exemption. Negotiate with the state.”
Former Select Board member John Whipple defended the board’s efforts to maintain state compliance.
“I think it’s highly unfortunate that some people are questioning the board’s motives in public meetings and social media,” Whipple said. “I am confident from just what I’ve seen you do, that you’ve been trying to keep the town out of trouble by enabling the town the chance to stay in compliance with state law.”
Whipple acknowledged the town’s precarious position, saying “We almost are in a situation where we have to throw ourselves on the mercy of the Attorney General.”
Voters rejected Article 23 by a margin of 3,642 to 3,297, a difference of 345 votes out of 6,939 ballots cast from 16,732 registered voters.
Resident Albert Jordan expressed broader concerns about municipal spending and hiring amid the financial uncertainty, noting recent increases in water and sewer bills and ongoing trash collection issues.
“We’re going to pay a lot of money for litigation,” Jordan said. “I really don’t think we’re going to succeed, but I just really think you’ve got to really take it into consideration before we keep hiring, we’re hiring all these people.”
Community Development Director Brendan Callahan attended the meeting to help explain the grant impacts. Kezer said the town continues searching for additional grants that may be affected as state agencies update eligibility requirements.
The MBTA Communities Act requires 177 cities and towns served by or adjacent to MBTA transit to create zoning districts where multifamily housing can be built without special permits. The Healey-Driscoll Administration reported that 139 communities have achieved compliance.
Massachusetts Attorney General Andrea Campbell told WGBH Radio recently that she was “disappointed” in Marblehead’s vote and has a “responsibility to enforce the law,” though her office has not specified what enforcement actions it may take.
The Select Board has not announced specific next steps regarding compliance efforts or grant preservation strategies.
