Marblehead becomes the latest MA city to reject the mandate of the state’s zoning law

MARBLEHEAD, MA — Members of the Marblehead Town Assembly have joined at least seven other communities in the state in rejecting a plan to comply with a state mandate requiring the expansion of multifamily housing zoning districts.

The state mandate requires cities and towns with MBTA access to allow an increase in multifamily housing to remain eligible for certain funding. The 410-377 vote to reject the Planning Board’s proposal to comply came after amendments to delay the vote pending litigation over its constitutionality failed by a wide margin.

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Marblehead joins Milton, Littleton, Norwell, Marshfield, Wakefield, Holden and Rowley in refusing to comply with state law passed in 2021 aimed at increasing Massachusetts housing stock in communities served by public transit. The state Attorney General’s Office has sued the city of Milton over its vote, but has yet to take action against the other communities.

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

“No one likes a mandate,” said Planning Board Chairman Robert Schaeffner in introducing the article. “We understand that. We were obliged to consider this. It’s the law. We believe we have come up with a reasonable plan with minimal impact on Marblehead.”

Proponents of compliance have argued that the zoning changes only allow for potential development as of right — but will not necessarily, or even likely, result in that development occurring on already occupied parcels. They also argued that the city should not jeopardize potentially millions in state grants at a time when it is already dealing with the effects of budget cuts amid a structural deficit.

City Finance Director Aleesha Benjamin told City Assembly members that a “no” vote would jeopardize grants such as $5.6 million in state funding for the city from 2019-2024.

Select Board Chairwoman Erin Noonan said failure to comply could jeopardize about $13 million in infrastructure grants for two projects immediately, and that “half a century of precedent” suggests courts are highly unlikely to overturn the state’s authority to order zoning changes. designed to increase the stock of affordable housing.

“This is the law,” Noonan said in urging a “yes” vote. “We should respect the law.

“It’s harmless to pass this. It costs us (not to pass).”

But city assembly members voted against the compliance article regardless — most speakers arguing the city should fight the state, which forces cities and towns to adopt zoning regulations 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 [email protected]. X/Twitter: @Scott_Souza.)