Select Board Chair Dan Fox tells the Current he has received a letter from Massachusetts Housing and Livable Communities Secretary Edward Augustus, denying Marblehead an exemption from the MBTA Communities Act.
The letter is dated Sept. 11 and reads, “The MBTA Communities Law is a critical tool to address the dire need for the Commonwealth to add at least 222,000 new homes over the next 10 years. EOHLC is committed to collaborating with municipalities like Marblehead that have been unable to adopt the required as-of-right multi-family zoning. But there are no exceptions or exemptions from the MBTA Communities Law, and EOHLC does not offer exceptions or exemptions.”
The letter continues: “We remain willing to work with you to ensure that Marblehead can achieve compliance,” and urges the town to seek assistance from an MBTA Communities Compliance coordinator.
The letter also references a July communication from Attorney General Andrea Campbell stating that as of January 2026, the state “is prepared to bring an enforcement suit against any MBTA community that has failed to both adopt the required zoning and apply for a determination of district compliance from the Executive Office of Housing and Livable Communities.”
In a special referendum in July, Marblehead voters rejected the town’s proposal to comply with 3A. The plan identified three areas for multifamily zoning, including Tioga Way, a part of Pleasant Street and Broughton Road. It would have added the possibility of 600 units in these areas.
Select Board chair reacts
Fox reacted to the letter Monday morning.
“Although we are disappointed that the state is unwilling to grant us an exemption or any kind of an exclusion from 3A, we are not surprised given the past court rulings as well as the previous communications with Secretary Augustus,” he said. “While the Commonwealth has expressed a willingness to work with us, Marblehead must adopt compliant multifamily zoning to avoid enforcement action and loss of state grant eligibility. Moving forward, we need to be proactive as a town to see if we can find a solution that satisfies as many citizens as possible. We cannot just sit back and wait to see what the Attorney General does in January. The Select Board remains committed to engaging residents and pursuing a path forward that balances state requirements with our community’s character.”
This is a developing story. Stay with the Current.
Editor Leigh Blander is an experienced TV, radio and print journalist.
