Question 1

What is 3A zoning?

Accepted Answer

Marblehead's 3A zoning plan would relax zoning regulation on owners' private property rights in three areas centered on Broughton Road, Pleasant Street and Tioga Way. Specifically, it would allow property owners, builders, and developers to build multifamily housing of a moderate density without having to go through as many onerous permitting processes as they face today.

Question 2

Why should Marblehead enact 3A zoning?

Accepted Answer

The core reason to pass 3A zoning is because it is good for Marblehead. There are many reasons 3A zoning is good for Marblehead, and you can find them outlined throughout our website.

But most fundamentally, Marblehead needs more choice in its housing stock to support the needs of its changing population. Many seniors in our town want to "age in place", but would like a home that is smaller and easier to maintain, or perhaps which has single floor living. But they cannot find housing that meets their needs.

At the other end of the spectrum, some of our young adults who grew up in this town want to start their families here but can't find housing they can afford.

Question 3

What will be the effect of 3A zoning?

Accepted Answer

Marblehead's 3A zoning plan would allow for up to 897 units of multifamily housing in the three districts identified in the plan (897 represents the "unit capacity" (https://www.mass.gov/doc/3a-info-sheetunit-capacity/download)of these districts). This is about a 10 percent increase over Marblehead's existing housing stock.

Question 4

Could new housing development overrun the town?

Accepted Answer

No, Marblehead's existing infrastructure including water, sewer and electrical grid are all capable of this modest increase in the housing stock. In fact, Marblehead's population has declined by about 1,000 residents since 1970 so we know the town is capable of supporting additional residents.

Furthermore, the properties in Marblehead's 3A districts are owned by many different people. Any development would necessarily have to take place over a number of years because of the different timing of when those property owners might choose to make changes or to sell their properties.

Question 5

What does the MBTA have to do with this?

Accepted Answer

The MBTA itself is not involved in 3A zoning. The underlying state legislation which catalyzed Marblehead's push toward 3A zoning is often referred to as the "MBTA Communities Act" because of its focus on communities with MBTA service (Marblehead is adjacent to Swampscott, which has a commuter rail station, and is served directly by the 441 bus line to Wonderland T station).

To avoid confusion, the Marblehead Housing Coalition generally refers to this issue as "3A zoning" a reference to Section 3A of MA General Law, Chapter 40A (The Zoning Act), the relevant state legislation.

Question 6

I have heard this is a state mandate, is that true?

Accepted Answer

It is true that the legislation which catalyzed Marblehead's push toward 3A zoning was passed by the state. But the Marblehead Housing Coalition believes that we should enact 3A zoning because it is good for Marblehead. Even  without the state's mandate, the underlying budget challenges facing the town due to a lack of economic progress would have had to be addressed  eventually and this is a great opportunity to do so.

For further context, the legislation underpinning 3A zoning has broad bipartisan support. It was passed in 2021 unanimously in the Senate,(https://malegislature.gov/RollCall/191/SenateRollCall483.pdf) and by 143 to 4 in the House (https://malegislature.gov/Journal/House/192/RollCalls/hj01062021_RollCalls.pdf)(including by Marblehead's representative at the time, Lori Ehrlich). It was then signed by Republican Governor Baker and is being pursued by Democratic Governor Healy.

Furthermore, the Marblehead Housing Coalition does not believe that state mandates are bad per se. Activities that towns in Massachusetts are required to engage in by state mandate include prudent financial management (Chapter 44), provision of public education (Chapter 70), and provision of fire protection and emergency services (Chapter 111). What matters is what's good for individual towns, and 3A zoning is good for Marblehead.

Question 7

What are other communities doing? How are they handling 3A zoning?

Accepted Answer

They are embracing it in overwhelming numbers. As of July 2024, over 70 towns and communities in Massachusetts (https://mbtacommunities.bostonindicators.org/tracker-map/)had voted in favor of their 3A zoning plans.

Question 8

What does "as of right" mean?

Accepted Answer

It means that development may proceed, within the guidelines of applicable zoning, without the need for additional layers of red tape and bureaucracy to slow down the process such as special permitting for a variance. As long as proposed project complies in all respects with the requirements of the zoned area, development may proceed.

That said, site plan reviews remain legitimate as a tool to ensure compliance with zoning. See here (https://www.mass.gov/doc/3a-info-sheetas-of-right/download)for more information.

Question 9

What has been the impact of 3A zoning so far?

Accepted Answer

Some communities have already created and implemented 3A zoning plans. For example, in Lexington, one of the state's wealthiest communities with a highly ranked school system, their 3A zoning plan went well above the 10 percent increase in unit capacity targeted by Marblehead's plan. In the year and a half since Lexington implemented its 3A zoning plan, median home values are up 14.2 percent.

And, crucially, new housing to diversify Lexington's housing stock is in the works with multiple applications submitted for new construction and home builders contemplating public improvements that benefit all of Lexington's residents, such as sewer upgrades. To learn more about Lexington's experience, please see this editorial from the Boston Business Journal on the failure of 3A zoning fears to materialize (https://www.bizjournals.com/boston/news/2024/08/02/mbta-act-compliance-fears-havent-borne-out.html)(paywalled).

Question 10

I want to get involved with the Marblehead Housing Coalition - how do I reach you?

Accepted Answer

Great! Please email us at info@marbleheadhousingcoalition.com.