Tab for 3A special election: $36,200
By Ethan Forman | Staff Writer Jan 30, 2025
It will cost Gloucester taxpayers about $36,200 to hold a citizen-petition-driven special election in April to determine if residents approve or disapprove of zoning rules meant to comply with the MBTA Communities Act, city councilors learned Tuesday night.
The City Council voted 6-0 to hold a special election April 24 to see if residents approve of the city’s Multi-family Overlay District meant to comply with the state law known as Section 3A.
Ward 3 Councilor Marjorie Grace and Councilor at-Large Jeff Worthley recused themselves from the vote due to a conflict of interest on the matter and left City Hall. Council President Tony Gross, who serves at-large, was absent.
During the meeting, councilors discussed both the costs behind the special election and reasons why April 24 was chosen, as opposed to piggybacking the vote onto city elections in the fall.
The special election was triggered by a successful citizen’s referendum petition per the City Charter challenging the 3A zoning, a move spearheaded by former Ward 2 Councilor Tracy O’Neil and others shortly after the council approved the zoning in October.
The petition drive garnered more than the required 10% of the city’s registered voters’ signatures and it served to suspend the 3A zoning, per the City Charter. The petition’s success required the City Council to either vote to rescind its 3A zoning, which it did not, or hold an election.
The zoning suspension knocked the city out of compliance with the contentious 2021 state law.
The law requires 177 MBTA communities to zone at least one district of reasonable size in which multifamily housing suitable for families is allowed by right within a half mile of a commuter rail, subway or bus station or ferry terminal.
Gloucester officials had spent much of last year crafting the zoning and sought to comply with the law by a Dec. 31 deadline out of concern that being out of compliance would be make the city ineligible for certain state grant opportunities.
In the meantime, the city won a $400,000 state grant for infrastructure improvements on Gloucester Avenue, and a $500,000 state grant for the upgrade of the city’s wastewater treatment facility. Both grants are contingent on the city complying with 3A.
A ruling by the Supreme Judicial Court earlier this month found 3A both constitutional and enforceable, but also found its guidelines were unenforceable. As the state goes about developing new guidelines, the compliance deadlines have changed.
The special election in April was important because the city needs to comply with the law before the fiscal year ends on June 30 or lose those state grants, Councilor at-Large Val Gilman said.
If the measure fails to pass April 24, there would still be time to modify and approve new zoning rules and send those to the state by a new deadline of July 14, she said.
Communities that had previously failed to meet deadlines to comply with 3A like Gloucester have until Feb. 13 to submit a new action plan to come into compliance.
Councilor at-Large Jason Grow said people are asking why the city does not wait until city elections in September or November, and he said: “As long as we remain out of compliance, we remain ineligible for these very important infrastructure grants and financing opportunities and holding off … would just delay that process.”
Special election costs
City Clerk Grace Poirier outlined the costs of the special election:
— Cost of ballots: $5,604.
— Police details: $9,258.
— Election workers: $13,300.
— Programming for the DS200 tabulator and flashcards: $2,350.
— AutoMark handicapped accessible voting machine programing: $1,000.
— Custodial overtime: 1,563.
— Cell phones for wardens at the precincts: $78.
— Staff overtime: $2,321.
— Facility rentals: $200 ($100 each at the Magnolia Library and Our Lady of Good Voyage Youth Center).
— Supplies: $300 to $528, with the difference dependent on whether there is early voting.
In addition, the cost for postage to mail out vote-by-mail ballots could cost upwards of $500.
A Thursday was chosen because city staff work longer hours on Thursday and that would reduce overtime costs during the election. April 24 falls during spring break, so the schools will be closed, avoiding the need to close schools for the election, Grow said.
Recusals
Before the discussion, both Grace and Worthley said they had consulted with the State Ethics Commission on whether or note they could vote on the election date, given a conflict of interest of owning property within the proposed multifamily zoning districts. It was determined Grace had to recuse herself from voting.
She said because the vote would determine the fate of the proposed zoning that is already on the table, the same reasons would apply for her original recusal in October, “as my home is within one of the proposed districts.”
“It is a conflict of interest because of a potential for monetary gain,” Grace said.
Worthley said he, too, had recuse himself for owning property within one of the zoning districts, though he at first vehemently disagreed with this.
“The question before us is on a special election,” Worthley said, “and the reason why it would be a conflict for anybody who lives in that area. Simply, we’re voting for a potential benefit sooner than if it were on a regular election.”
Ethan Forman may be contacted at 978-675-2714, or at [email protected].