The Marblehead Select Board outlined a three-part strategy July 18 to address the town’s noncompliance with state housing law after voters rejected required zoning changes July 8.
The approach includes preparing a revised proposal for 2026 Town Meeting, exploring direct state engagement for compromise alternatives and accepting noncompliance while mitigating consequences. Board members agreed to pursue multiple paths simultaneously during a goals-setting retreat at the Municipal Light Department.
Planning Director Brendan Callahan told officials the town faces immediate pressure from state enforcement expectations.
“We really can’t just sit until January,” Callahan said, referring to when Attorney General Andrea Campbell is expected to begin enforcement actions. “We need to know what we’re doing.”
Town Administrator Thatcher Kezer presented the three scenarios during retreat discussions. The noncompliance option acknowledges potential legal challenges while attempting damage control.
“If we’re not going to become compliant, I think what we’re going to try to do is just mitigate the lawsuits, mitigate the downside to the whole thing,” Kezer said.
The discussion came after the Select Board sent a formal letter on July 15 to Gov. Maura Healey and Secretary of Housing and Livable Communities Edward Augustus requesting exemption from MBTA Communities Act compliance requirements following voters’ July 8 rejection of required zoning changes.
Chair Dan Fox advocated for running parallel strategies rather than waiting for responses to the town’s letter.
“While we’re waiting for the state to respond, we should still be working on [a new plan]. If we don’t start that other track now, we won’t be ready for Town Meeting,” Fox said.
Callahan attributed the town’s rejection of 3A primarily to opposition surrounding the Pleasant Street overlay district near downtown.
“I think if we were able to remove the Pleasant Street district … I feel like the Pleasant Street district is really the killer of (the zoning proposal),” Callahan said. “I think they think it’s going to change the character.”
The immediate consequences of noncompliance are severe, according to Kezer. He confirmed the town will lose more than $4.6 million in state funding, including $1.28 million in already-awarded grants for projects such as shipyard resilience and MBTA safety improvements. Another $354,792 in contracted grants for infrastructure and planning projects have effectively been revoked.
Additional pending applications worth more than $3 million for historic preservation and downtown planning are now ineligible. The town also risks losing access to $2.98 million for Village Street Bridge reconstruction and would need to forgo an $11.6 million federal port infrastructure grant because it cannot provide the required local match previously covered by state funding.
“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.”
The board agreed to develop revised zoning proposals while seeking state technical assistance. Callahan said his department would request help from the Executive Office of Housing and Livable Communities or regional planning organizations.
