Marblehead becomes latest town to reject zoning changes for MBTA communities

On Tuesday, Marblehead became the latest Massachusetts community to push back against a state law that requires zoning changes designed to make it easier to build multifamily housing.

Marblehead Town Meeting rejected a proposal that would have brought the town into compliance with state law. That proposal, known as Article 36, received 377 votes in favor and 410 against, according to the Marblehead Current.

Town Moderator Jack Attridge reportedly cast doubt on this being the final say in the matter. 

 “I’m sure we’ll be back before the end of the year,” he said, per the Current. 

The vote centers on compliance with the MBTA Communities Act, which was signed into law in 2021. It requires “MBTA communities” to allow multifamily housing such as apartments and condos to be built near T stops without special permits. There are 177 communities in eastern Massachusetts subject to the law, as it applies to both communities that directly host MBTA service and those that abut a city or town with MBTA service. 

More than 100 of these communities have until the end of 2024 to pass new zoning rules, and many others have already approved such plans. But in a few places, residents are pushing back at what they see as state overreach. 

The most prominent clash is occurring in Milton, where 54% of voters chose to reject changes to bylaws that would have brought the town into compliance. Attorney General Andrea Campbell threatened legal action against the town before the vote, and followed through shortly afterward. Her office is now suing Milton with the backing of Gov. Maura Healey.

State leaders have stressed that compliance is mandatory, and that the law is an essential way to address the housing affordability crisis in Massachusetts. Communities that fail to comply also stand to lose out on millions in state grants. 

Residents of other towns, like Marshfield, Rockport, and Littleton, are bucking against state officials as well.

The issue has become contentious in many places. During Marblehead’s Town Meeting one resident threw a microphone and voting device onto a stage in frustration before storming out. Another resident made a motion to reconsider the article after it had already been rejected and many opponents had left, causing some in attendance to shout “sham” repeatedly, the Current reported. 

Article 36, if passed, would have affected 58.4 acres over three districts in Marblehead. It proposed zoning for close to 900 multifamily housing units. In a presentation, town officials stressed that the zoning changes are simply meant to allow for more housing, the law does not require anything to actually be built. 

The proposal, if passed, would likely have had minimal impact on Marblehead while keeping the community out of an expensive fight with the state, officials said in their presentation. Now, the town will have to either create and pass a new proposal by the end of the year or risk being sued and losing out on state funding like Milton. 

Opponents to Article 36 argued that its passage would strip the town of its “right to shape its own community character.” The additional housing that the proposal allows for would potentially increase traffic congestion, decrease property values, and place an added strain on schools and emergency services, they argued. 

Almost 400 people signed a petition opposing the changes. When Article 36 was rejected, many attendees burst into applause, according to the Current. 

To others, like Salem attorney and urban planner Jonathan Berk, the vote was a mistake. 

“Marblehead Town Meeting voted to not even do the bare minimum,” he said in a social media post after the vote. “Marblehead voted tonight based on fear of change, buying into the fear mongering and lies of a few in a world where it’s increasingly becoming an ever more dangerous currency.”