The Planning Board on Nov. 20 advanced Marblehead’s strategy to comply with the state’s MBTA Communities Act. The board also began reviewing required changes to the town’s accessory dwelling unit bylaw, following guidance from the Attorney General’s Office.
Planning Board member Marc Liebman said the town is working with counsel to identify parallels with previously approved 3A zoning projects in other communities and ensure Marblehead’s proposal meets state expectations before seeking preliminary approval from the Executive Office of Housing and Livable Communities.
Town leaders are considering rezoning the Marblehead side of Tedesco Country Club for multifamily housing. The new zoning plan is also expected to include Broughton Road.
Liebman, appointed at the last meeting as the board’s point person for 3A, said recent communication with the state indicates Marblehead has slightly more flexibility in its design review process than it did under the previous proposal.
“There are some additional things we can do that would allow these developments to happen at the required density, but also give us a little more control over the look and feel so they better fit the character of our community,” he said.
He added that the changes could make the proposal more acceptable to residents and improve its chances of passing Town Meeting.
Liebman outlined potential design requirements intended to address concerns about building appearance. Possible features include gabled or pitched roofs instead of flat roofs, double-hung windows and siding that mimics traditional shingles or clapboards rather than modern materials such as EIFS or metal panels.
The goal, he said, is to ensure the buildings fit naturally into surrounding neighborhoods without making construction prohibitively expensive or overly restrictive.
He also noted that leaders of the local opposition to 3A have responded positively to the town’s efforts to refine design review language.
“I can’t tell you these guys are going to go out and vote yes,” he said, “but I can tell you they’re at least pleased with our efforts.”
Board member Ed Nilsson asked whether opponents understand the risk of rejecting the proposal — namely, that the state could step in if the town fails to comply. Liebman said he has repeatedly raised that concern in public meetings, adding that his conversations with EOHLC made clear that “ultimately 3A is going to have to be approved, and we’re not getting out of it, so we have to do something.”
Board members also discussed the timeline ahead of the Jan. 30 Town Meeting warrant deadline and the need for public outreach once the proposal is filed. Liebman said it is “crunch time” and noted the town plans to continue outreach — possibly including a press conference — while gathering community feedback.
The board plans to review design revisions at its next meeting and seek initial feedback on its draft 3A plan from EOHLC soon.
ADU update
Turning to the town’s accessory dwelling unit bylaw, the board met with counsel to interpret the Attorney General’s decision striking one sentence from the bylaw and cautioning the town on others. The deleted sentence exempted certain ADUs from special permit requirements, which the Attorney General found inconsistent with state law.
Town Counsel Adam Costa said the rest of the bylaw remains in effect. He said the town can still require a “finding” under Chapter 40A, Section 6, from the Zoning Board of Appeals for ADUs on preexisting nonconforming structures or lots. He noted that findings are less restrictive than special permits, meaning proposals are unlikely to be denied unless they would significantly harm neighboring properties.
The board also clarified parking requirements for ADUs. Properties within a half-mile of a commuter station, including bus stops, are exempt from providing parking. All others must provide one space per ADU.
In other business, the board agreed that members Nilsson and Barton Hyte will coordinate with the Swampscott Planning Board on matters affecting the shared Smart Growth district at Vinnin Square. Town Planner Alex Eitler reported that Marblehead’s comprehensive master plan process is underway, with the next advisory group meeting expected in January.
