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Marblehead is one of nine Massachusetts municipalities named in a lawsuit filed this week by Attorney General Andrea Joy Campbell, who is seeking to compel compliance with the state’s MBTA Communities Law — a zoning statute aimed at addressing the region’s housing shortage.
The civil action, filed Jan. 29 in Suffolk Superior Court, comes just weeks after Marblehead’s Planning Board voted to place a revised MBTA Communities zoning article on the May Town Meeting warrant, signaling the town’s continued efforts to achieve compliance despite a turbulent year of failed votes.
Select Board Chair Dan Fox said the lawsuit was not unexpected given the outcome of last summer’s referendum.
“Unfortunately we knew this lawsuit was on the horizon when the majority of the town voted down 3A in the referendum,” Fox said “The AG has been very clear that she would pursue this avenue if towns did not comply.“
Fox expressed confidence that the town would present voters with a compliant zoning proposal at the upcoming Town Meeting and urged residents to support local control over the process.
“I am confident that we will be in the position to present the citizens a compliant model at Town Meeting,” Fox said. “I truly believe it would be in Marbleheaders’ best interest to choose our own zoning versus facing the potential of the state doing it for us.”
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The lawsuit alleges that Marblehead and eight other communities have failed to adopt zoning bylaws required under Section 3A of Chapter 40A of state law. The law mandates that cities and towns served by the Massachusetts Bay Transportation Authority create at least one zoning district where multifamily housing is permitted “as of right,” without requiring special permits.
“Massachusetts has a housing crisis, and our Commonwealth is unaffordable,” Campbell said in a statement announcing the lawsuit. “While bringing a lawsuit is never my first choice, courts have consistently ruled that compliance with this law is mandatory, and the urgency of our housing shortage compels me to act to ensure that all MBTA Communities meet their legal responsibilities.”
According to the Attorney General’s Office, Marblehead was required to have a compliant zoning district in place and submit an application to the Executive Office of Housing and Livable Communities by July 14, 2025. The lawsuit contends the town did not meet that deadline and remains out of compliance.
A turbulent year
The revised approach follows a year in which Marblehead first adopted, then repealed, MBTA zoning. Town Meeting voters approved an initial overlay May 6, 2025, by a vote of 951-759. Two months later, a citizen-initiated referendum overturned the bylaw 3,642-3,297, leaving Marblehead among a small group of MBTA communities out of compliance.
The Attorney General’s Office argues that, despite those votes, Marblehead’s legal obligation under state law remains unchanged. The lawsuit seeks a declaratory judgment that the town is in violation of the statute, as well as injunctive relief requiring Marblehead to adopt a compliant zoning district and submit the necessary application to the state.
Marblehead is designated as an adjacent community with 8,965 existing housing units according to the 2020 census. The town must create a district with capacity for at least 897 multifamily units on a minimum of 27 acres at a gross density of at least 15 dwelling units per acre.
Planning Board efforts
The Planning Board’s Jan. 13 vote followed discussion of a three-page letter from state housing officials identifying six technical issues the town must address to achieve compliance. The revised proposal centers the required multifamily housing district on 32 acres of Tedesco Country Club rather than residential neighborhoods that generated opposition to a previous plan.
Planning Board member Marc J. Liebman, who has led the board’s work on MBTA zoning, characterized the state feedback as encouraging despite the technical corrections required.
“What we achieved here was proof of concept that Tedesco will work, and there was no commentary on that,” Liebman said at the Jan. 13 meeting. “We have six small hurdles in response to a pretty challenging, I think, six-month process where we’ve been working on a daily basis. This is better than expected.”
The six technical issues identified by the state include a town bylaw requiring special permits for exterior air conditioning equipment producing noise exceeding 60 decibels at 20 feet, which conflicts with Section 3A’s requirement that multifamily housing be allowed by right. The proposed district also restricts unit sizes in ways that could reduce capacity.
State reviewers also flagged concerns about parking provisions that create discretion in the number of spaces required, a discrepancy between minimum lot size requirements in different planning documents, and design standards that must be made objective rather than subject to interpretation. Questions were also raised about whether certain parcels on Tedesco Street have sufficient frontage and access.
Liebman has said some issues have straightforward solutions and estimated the town could resubmit an amended package to state officials within seven to 10 days of the board’s meeting.
“Some of the things on here are quite simple,” Liebman said. “I think there’s actually just a typing error in what was submitted to them from our consultant that knocks one of these things off the list.”
The board planned to meet with Barrett Planning Group, the consultant assisting with the revised zoning map, to determine the most effective path forward. Public information sessions on the revised zoning proposal are expected in late March ahead of Town Meeting.
Statewide context
The MBTA Communities Law was signed by former Gov. Charlie Baker in January 2021 and applies to 177 cities and towns within the MBTA’s service area. State officials say 165 of those communities have already come into compliance.
According to data cited by the Attorney General’s Office, the law has helped spur development proposals for nearly 7,000 new housing units across 34 municipalities.
Campbell emphasized that the statute gives towns flexibility in how they comply.
“The law gives cities and towns considerable discretion over the location and size of the new zoning district,” the Attorney General’s Office stated, noting the goal is to ensure each community contributes to regional housing needs while retaining local control over planning decisions.
The lawsuit follows a January 2025 ruling by the Massachusetts Supreme Judicial Court in Attorney General v. Town of Milton, which upheld the constitutionality of the MBTA Communities Law and affirmed that compliance is mandatory. In July 2025, Campbell’s office issued a formal advisory warning noncompliant municipalities that enforcement action would follow if zoning was not adopted by the deadline.
In addition to Marblehead, the towns named in the lawsuit are Dracut, East Bridgewater, Halifax, Holden, Middleton, Tewksbury, Wilmington and Winthrop.
State officials say they continue to offer technical assistance to municipalities attempting to comply.
“My office remains ready to assist any town working to come into compliance with the law,” Campbell said.
The Planning Board’s unanimous vote to place the updated MBTA zoning article on the warrant suggests the town intends to seek voter approval at the May Town Meeting, though it remains uncertain whether the proposal will pass or face another referendum challenge.
If successful, the lawsuit could result in a court order requiring Marblehead to adopt compliant zoning, potentially setting the stage for renewed local debate over housing, density and the balance between state mandates and voter decisions.
