Residents and members of the Select Board voiced their opinions about revisiting a vote on the MBTA Communities Act during a contentious meeting of the board.
The MBTA Communities Act, which refers to Section 3A of Massachusetts General Laws Chapter 40A, requires 177 towns and cities, including Marblehead, to create a “zoning district of reasonable size” that has a “minimum gross density of 15 units per acre,” is “located not more than 0.5 miles from a Commuter Rail station, subway station, ferry terminal, or bus station, if applicable,” and has “no age restrictions and (is) suitable for families with children.”
An article to adopt a Section 3A Multi-Family Overlay District was voted down twice at Town Meeting in May.
During a public-comment session at the board’s meeting, which lasted more than 45 minutes, more than a dozen residents, both in person and via webinar, spoke for and against Section 3A and a potential revote on it at a Special Town Meeting.
The first speaker during public comment, John DiPiano, presented an Aug. 27, 2024 email reportedly from Select Board Chair Erin Noonan’s personal account to some residents.
“Dear friends, some Marblehead residents interested in housing advocacy and affordability have organized a citizens’ group dedicated to increasing housing choices in town and community-driven development,” DiPiano read from the email. “We are so lucky to have so many active citizen groups in town and I am thrilled to welcome this new group to the mix… Additionally, the issue of our MBTA Communities Act status is on the Select Board agenda for tomorrow night. There is public comment at the top of the meeting if anyone would like to speak on it… Please share with your networks and help the word about this new group! Thank you!”
DiPiano expressed his concern about the ethics of Noonan’s email and her involvement with the group.
“I don’t think that’s your job,” DiPiano said. “I don’t think you’re here to be a lobbyist.”
He also expressed his displeasure with members of the board’s plans to convene a Special Town Meeting to reconsider Section 3A.
DiPiano’s position against a Special Town Meeting was echoed by other members of the public, like David Reid, who considers the act an “MBTA business plan” and a way to increase traffic on MBTA services.
Reid also called for Select Board member Dan Fox, president at MerryFox Realty, to abstain from voting on the MBTA Communities Act. Later in the meeting, during the board’s discussion of the act, Fox responded to Reid’s concern.
“I was approached by some people asking similar questions, being a real-estate agent, owning my own company – how could I support something that I might profit from,” Fox said. “It is my plan not to abstain, but to take the next step that I will be filing a disclosure under the appropriate chapters of law stating that I will not, my firm, nor anyone who works for me, will ever sell, rent, or participate in any real estate in any of those three zones.”
Other residents at the meeting spoke in favor of Section 3A and convening a Special Town Meeting to reconsider the district.
Kurt James spoke in favor of bringing the MBTA Communities Act to a townwide vote.
“My day job is doing affordable housing, but this is not an affordable-housing initiative,” James said. “The idea is to promote smart growth and development.”
James went on to note other housing initiatives in town, such as its own smart-growth and development bylaw and 40B projects.
After the public-comment session, Noonan responded to DiPiano.
“There is no secret agenda,” she said. “It’s not a secret that I am in favor of working around, finding solutions to our town’s unmet housing needs and the needs of seniors.”
During the board’s discussion, its members focused on issues of clarity and informing the public before a potential Special Town Meeting, as well as finding financial stability to make up any lost state grants if the town continues to reject Section 3A.
Select Board member Moses Grader sympathized with the opponents of another vote.
“I accept the outcome of the town vote. I just do. It’s part of the democratic process,” he said. “I am hoping that we get new information regarding the Supreme Judicial Court on this, so that there can be an opportunity to reapproach this.
“In some ways, I am hoping that the state cannot penalize the Town of Marblehead and we’ll go ahead and take a reconsidered vote anyway so we can bring some unity around this,” Grader added.
While the board continues to consider the implications of noncompliance with Section 3A and a Special Town Meeting, it plans to create a webpage with information about the MBTA Communities Act.
