MARBLEHEAD —The town stands to miss out on nearly a half-million dollars in state grants because it did not meet the Dec. 31 deadline set by the MBTA Communities Law for adjacent cities or towns to submit their zoning ordinances.
The town of Marblehead won a grant worth $465 thousand, but it was all contingent on complying with the MBTA zoning law.
The MBTA Communities Law was adopted in January 2021 which requires 177 cities and towns to create at least one district of multi-family housing and if possible be within a half mile of public transportation— bus station, subway, ferry. According to the Commonwealth of Massachusetts, compliance with this law is mandatory.
At the Select Board meeting in September, Sustainability Coordinator Logan Casey covered the entirety of what the law is, what is required of Marblehead, and plan developments. Casey cleared up some of the confusion surrounding zoning, while it does regulate how the land can be used, it does not require there to be any production.
The Planning Board brought forth zoning changes that would comply with the law including multi-family housing on Tioga Way, Pleasant Street, and Broughton Road. At the Town Meeting in May, these plans were rejected by a 33-vote differential.
Marblehead is not the only town in the state to reject this law, other towns including Foxborough, Winthrop, Millbury, and others also voted down the zoning law.
Another piece to the puzzle includes the town of Milton and its case against the Supreme Judicial Court (SJC) regarding Community Law compliance. Milton was faced with a December 2023 deadline to which they did not comply, the state then immediately revoked their state grants.
State Attorney General, Andrea Campbell stepped in asking the SJC to step in and force Milton to comply. The result of the case is not expected till about mid-February but could set up other towns like Marblehead to face legal action as well.
According to the Commonwealth of Massachusetts towns that do not comply automatically lose certain state funding. These include funding for general infrastructure such as roads, bridges, water and sewer improvements, and local infrastructure projects that support housing.
In addition to the loss of funds, the Healey-Driscoll Administration also notified communities that compliance with the law would be considered when dispensing certain discretionary local aid. Further non-compliance may result in action taken by the Attorney General, similar to the pending lawsuit in Milton.
Marblehead will hold another vote at the Town Meeting in May which, if successful, could make Marblehead eligible for the grants once again.
