Marblehead Becomes Latest MA Town To Reject State Zoning Law Mandate

MARBLEHEAD, MA — Marblehead town meeting members joined at least seven other communities across the state in rejecting a plan to comply with a state mandate requiring expanded multi-family housing zoning districts.

The state mandate requires cities and towns with MBTA access to allow for increased multi-family housing in order to stay eligible for certain grant funding. The 410 to 377 vote to reject the Planning Board's proposal for compliance came after amendments to delay the vote pending litigation on its constitutionality narrowly failed.

Marblehead joins Milton, Littleton, Norwell, Marshfield, Wakefield, Holden and Rowley in refusing to comply with the state law passed in 2021 designed to increase housing stock across Massachusetts in communities served by public transportation. The state Attorney General's Office has sued the town of Milton over its vote but has yet to take action against the other communities.

About 177 cities and towns have adopted zoning bylaws that comply with the state law.

"No one likes a mandate," Planning Board Chair Robert Schaeffner said in presenting the article. "We understand that. We were obligated to consider this. It's the law. We believe we've come up with a reasonable plan with a minimal impact on Marblehead."

Supporters of the compliance argued that the zoning changes only allow the potential development by right — but will not necessarily, or even likely, result in that development taking place in already occupied parcels. They also argued that the town should not put at risk potentially millions in state grants at a time when it is already dealing with the effects of budget cuts amid a structural deficit.

Town Finance Director Aleesha Benjamin told town meeting members that a "no" vote would put at risk grants the likes of which added up to $5.6 million in state funding for the town from 2019 to 2024.

Select Board Chair Erin Noonan said non-compliance could put into jeopardy about $13 million in infrastructure grants for two projects immediately and that a "half-century of precedent" suggests it is very unlikely the courts will overturn the state's authority to mandate the zoning changes designed to increase affordable housing stock.

"This is the law," Noonan said in urging a "yes" vote. "We should comply with the law.

"It's harmless to pass this. It costs us (not to pass it)."

But town meeting members voted against the compliance article regardless — with most speakers arguing that the town should fight back against the state forcing cities and towns to adopt zoning bylaws that may not be in the best interest of their residents.

(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.)