The MBTA Communities Act has become a flashpoint in Marblehead, igniting debates about housing, local control, and fiscal responsibility. Recent opposition has seized on State Auditor Diana DiZoglio’s ruling that the law constitutes an “unfunded mandate” as a reason to seek exemptions. However, this argument is misleading and risks leading Marblehead down a costly and futile path. Here’s why the town should move forward with a compliant zoning plan—one that aligns with state law, preserves local character, and safeguards taxpayer dollars.
The Auditor’s Ruling: A Red Herring
State Auditor Diana DiZoglio’s determination that the MBTA Communities Act is an “unfunded mandate” has been wielded as a rallying cry by opponents of zoning reform. But a closer look reveals that the ruling is far from a silver bullet.
1. No Costs Identified: The auditor explicitly reserved comment on what costs, if any, the mandate would impose on towns. In Marblehead’s case, there are no unfunded costs associated with the proposed zoning plan. The state has already provided two grants to cover the expenses of developing the bylaw, including technical assistance and consulting fees.
2. No Infrastructure Burden: The Town Planner consulted with every relevant department—Sewer, Water, and others—and confirmed that the proposed zoning changes would not require additional infrastructure. The town already has the capacity to accommodate any potential increase in housing units from this plan.
3. Legal Reality: The auditor’s ruling does not override the Supreme Judicial Court’s decision that the MBTA Communities Act is constitutional. Attorney General Andrea Campbell has made it clear that her office will aggressively enforce the law, making any attempt to seek an exemption a costly and likely futile endeavor.
The Cost of Refusal
Pursuing an exemption based on the auditor’s ruling is not just legally dubious—it’s fiscally irresponsible. Here’s why:
1. Legal Fees: Challenging the state in court would incur tens of thousands of dollars in legal fees, with little chance of success. The Lawrence Superior Court has already dismissed a similar challenge from Rockport residents, and the Attorney General’s Office has pledged to vigorously defend the law.
2. Missed Opportunities: By failing to comply promptly, Marblehead would forfeit access to critical state funding while the legal challenges play out. Given our fiscal challenges, it would be foolish to forgo the funding needed for seawalls, roads, and bridges, even for a year.
3. Potential State Intervention: If Marblehead fails to adopt a compliant plan, the Attorney General’s Office could impose one on the town. This would strip Marblehead of the ability to craft a plan tailored to its unique character and needs.
A Pragmatic Path Forward
The MBTA Communities Act is not just a legal obligation—it’s an opportunity. Massachusetts faces a severe housing shortage, with restrictive zoning laws driving up costs and creating economic barriers. The Act calls for every town in the area to do its part by allowing some multi-family housing. Some towns will likely see new development as a result. However, towns like Marblehead have already done the “hard” part. We have already done the building - all we have to do now is change the zoning.
Marblehead’s proposed zoning plan is surgically precise, targeting 58 acres across three districts: Tioga Way, Pleasant Street, and Broughton Road. There are no empty lots in any of these districts, and all already contain multi-family housing.
This plan was developed with careful consideration of local conditions and input from town departments. It ensures compliance with state law while preserving Marblehead’s character. Moreover, it positions the town to access state funding and avoid costly legal battles.
The Urgency of Now
The Select Board will discuss this issue at a critical meeting next Wednesday at 7 PM in the High School Library. Opponents are pushing for the town to join a lawsuit seeking an exemption based on the auditor’s ruling. This would be a costly and unnecessary diversion.
Marblehead has the chance to take control of its future by adopting a compliant zoning plan. Doing so would:
- Avoid costly legal fees.
- Secure access to state grants.
- Preserve local control over zoning decisions.
- Address the housing crisis in a responsible and measured way.
Conclusion
The auditor’s ruling does not change the fundamental choice facing Marblehead: adopt a compliant zoning plan crafted by local officials or risk having one imposed by the state. The path of resistance is fraught with financial and legal risks, while compliance offers a pragmatic and fiscally responsible way forward.
Marblehead cannot afford to let the loudest voices dictate its future. The town must act now to approve a zoning plan that meets state requirements, preserves local character, and safeguards taxpayer dollars. Let’s not waste time and money on a losing battle—let’s move forward together.
Speak up at the Select Board meeting next Wednesday at 7 PM in the High School Library. Let’s ensure Marblehead’s voice is heard loud and clear: compliance is the right choice for our town.