Marblehead Poised To Defy State Deadline On MBTA Zoning Compliance

September 12, 2024 0 By JohnValbyNation

MARBLEHEAD, MA — Marblehead is poised to miss the deadline for complying with the state law requiring minimum multi-family zoning as an MBTA-served community — potentially costing it millions in state grants and making it subject to the threat of legal action from the Commonwealth — after the Select Board on Wednesday night opted against moving forward with a proposed special town meeting to vote on the zoning regulations by the Dec. 31 deadline.

The zoning regulations failed a vote of the annual town meeting this spring with a special town meeting the only mechanism to give town meeting members a chance to change their collective minds before assuming the implications of non-compliance.

Several residents packed Wednesday’s Select Board meeting, which featured a lengthy presentation on the state law and the potential cost of non-compliance, with a series of brief interruptions that included chants of “No means no” in referencing the annual town meeting vote.

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But what they may have anticipated as a fight turned out to be an agreement to defy the state deadline while the ultimate costs of that defiance are being determined in the court system.

“I don’t think the state made its case other than the presumptive exercise of power and its authority through the legal process to impose a zoning mandate on the town,” Select Board member Moses Grader said. “I totally respect the vote of the town … Given the ambiguity right now I am not in favor of rushing to a special town meeting.

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“On the one hand, I respect the vote and even the sentiment behind it. Pushing back on the presumptive authority of power in this town is in our DNA.”

Select Board Chair Erin Noonan said the town would be one of about seven across the state not to comply with the state law, while 177 were in compliance.

Select Board member Alexa Singer noted that non-compliance could, and very likely will, have consequences that residents must be prepared to accept.

“I hope that all of you that are here, in whatever your stance is regarding this zoning issue, that as we look into what are the financial impacts that you understand and continue to stay engaged,” she said. “That you are part of State of the Town, that you come and say, ‘OK, this is where we are Marblehead. This is the financial impact of this decision.’

“I am concerned. I am very concerned holistically. And I hope that all of you will continue to stay engaged. What does that cost? Does that mean at the end of the day come May this is the amount of a debt-exclusion override (we need to meet expenses)? Or whatever that means.”

A presentation prior to the Select Board meeting said conversations with state officials — including Lt. Gov. Kim Driscoll — indicated that all cities and towns had to comply, there would be no exceptions and that the state would take legal action against the communities to force them to comply whether or not they agree to forego the state grant funding or not.

“I am conflicted,” Select Board member Dan Fox said. “It’s not that I am conflicted on whether or not we should have a special town meeting. I am conflicted on the results of where we stand right now. I am concerned about our structural deficit that we have moving forward. I am concerned about the potential for a debt override that will have to come before the town, potentially, if we don’t get this money.

“Those are my concerns. And our job is to do that. So that’s where I am conflicted. I will say that I did run a campaign on not seeing this town divided. And this town is divided. And I don’t like that. I don’t think any of us do.”

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. X/Twitter: @Scott_Souza.)


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