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Massachusetts housing officials provided feedback Thursday identifying six technical issues with Marblehead's revised MBTA zoning proposal, which centers the town's required multifamily housing district on the 32 acres of Tedesco Country Club located in Marblehead rather than residential neighborhoods that generated opposition to a previous plan.
The Executive Office of Housing and Livable Communities sent the town a three-page letter Jan. 8 outlining concerns that must be addressed before Marblehead can achieve compliance with the state's MBTA Communities law. The feedback followed the town's Dec. 2 submission of a scaled-back zoning plan built largely around the private country club and an existing smart-growth district.
"We received initial feedback that shows our plan has merit," Planning Board member Marc J. Liebman said. "We have a couple details to work out, but nothing we can't handle."
The revised approach follows a turbulent year in which Marblehead first adopted, then repealed, MBTA zoning. Town Meeting voters approved an initial MBTA overlay May 6, 2025, by a vote of 951-759, after rejecting a similar plan 410-377 in May 2024. Two months later, a citizen-initiated referendum overturned the bylaw, 3,642-3,297, leaving Marblehead among the small group of MBTA communities still out of compliance and ineligible for certain state funding programs tied to the law.
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New map shifts away from residential streets
The new district map represents a significant departure from the rejected May 2025 plan. Town officials removed Pleasant Street and Tioga Way, two residential areas that featured prominently in last year's debates and generated substantial opposition. Only one overlay area from the earlier proposal, Broughton Road, remains in the revised plan. The district now centers on Tedesco Country Club's 32 acres within Marblehead, paired with a small portion of the nearby Glover 40R smart-growth district on the Swampscott line.
Town officials sought state review before presenting the new proposal to residents, hoping to avoid repeating a lengthy public process built around a concept that might not meet legal requirements. The revised approach reflects a political calculation by town leaders working to restore eligibility for state grants while minimizing impacts that fueled opposition to the earlier plan.
Select Board Chair Dan Fox told the Marblehead Independent in December that zoning Tedesco could meet state requirements without triggering the neighborhood impacts that fueled some but not all of the opposition to Marblehead's previous zoning plan. Fox said he had conversations with the country club's board about the overlay zoning, emphasizing it creates no requirement to build and would have no effect on the club's use or financial situation.
State letter outlines compliance concerns
The state letter outlined six technical issues requiring correction. First, the town's equipment noise bylaw requires a special permit for installing exterior air conditioners and similar equipment producing noise exceeding 60 decibels at 20 feet. This conflicts with the as-of-right requirement of Section 3A, which prohibits special permits in MBTA zoning districts.
Second, the proposed bylaw restricts unit sizes in ways that conflict with state regulations and potentially reduce the district's capacity. State officials recommended eliminating this requirement.
Third, housing officials questioned whether 202-204 Tedesco Street has sufficient frontage and access on a public way in Marblehead. If the property lacks adequate frontage or access, it cannot be developed as of right and would not contribute unit capacity toward compliance.
Fourth, the parking provisions create discretion in the number of spaces required for visitor parking. The state suggested exempting multifamily housing from this requirement or updating compliance models to reflect any changes.
Fifth, state reviewers identified a discrepancy between minimum lot size requirements in the dimensional standards table and the compliance model. Officials asked the town to ensure consistency across all materials.
Sixth, the state cautioned that design standards in the proposed bylaw must be objective and nondiscretionary, noting the proposal requires compliance with smart-growth district design standards approved in 2009. Housing officials warned against applying review criteria in ways inconsistent with state zoning law.
Design standards address aesthetic concerns
The new plan includes detailed design-review rules addressing aesthetic concerns that emerged during last year's debates. The draft would require pitched roofs rather than flat-roofed buildings, exterior siding resembling traditional shingle or clapboard, double-hung operable windows and detailed landscaping standards calling for grass strips between sidewalks and streets, tree-lined streets and shrubs in front of buildings. These provisions aim to ensure any future development reflects traditional New England residential architecture rather than commercial-style construction.
Caroline "Chris" Kluchman, director of the Livable Communities Division, signed the letter emphasizing that addressing these issues does not guarantee a compliant district. The pre-adoption review is limited to specific concerns identified at this stage based on materials Marblehead provided.
State officials encouraged the town to review existing zoning carefully to ensure no provisions would affect the proposed overlay district. MBTA Communities staff offered to meet with town officials and consultants to discuss the feedback.
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.
Town Administrator Thatcher Kezer said in fall 2025 the goal is placing an MBTA zoning article on the warrant for the May 2026 annual Town Meeting, with help from state-funded consultants assisting on mapping and capacity calculations.
"The MBTA Communities Act is one of many tools that Massachusetts is using to increase the production of reasonably-priced housing and lower costs for everyone," Secretary of Housing and Livable Communities Ed Augustus said in a statement. "It's great that over 90 percent of MBTA Communities have passed new zoning under this law, with 7,000 new housing units already in the pipeline."
The Healey-Driscoll administration has provided nearly $8 million in technical assistance and grants to more than 150 MBTA communities to support implementation of the law. Marblehead is working with state-funded consultants on the revised zoning map and capacity calculations. The town lost access to competitive state grants after falling out of compliance following the July 8 referendum.
Correction: An earlier version of this story misstated vote totals related to Marblehead’s MBTA zoning decisions. The figures have been corrected.
