Commentary: Don’t Statehouse my Cape Ann
My View | Jack Clarke | February 13, 2025
In her successful lawsuit against the Town of Milton over the constitutionality of the MBTA Communities Zoning Act (aka 3A), and the authority of the attorney general to carry out its provisions, AG Andrea Campbell submitted to the Massachusetts Supreme Judicial Court a tough, stark, and eye-opening remedy to carry out its provisions against scofflaw communities — the appointment of an independent special master to write the local zoning for recalcitrant communities (Attorney General v. Town of Milton, Complaint and Brief No. SJ-2024, Section G.)
Yup, if Gloucester, or any other city or town refuses to comply with and obey the provisions of 3A as they apply, the AG’s office will come in and take matters into its own hands. And the state’s highest court says it can (SJC-13580, Jan. 8, 2025.)
Unelected state bureaucrats, who know nothing about Gloucester, would write the zoning ordinance, hand it to the city, and tell it to implement and enforce the ordinance — like it or not.
I guarantee we won’t like it.
So far, of the 177 municipalities subject to 3A, the vast majority have wisely submitted to the Commonwealth’s implementation agency, the Executive Office of Housing and Livable Communities, their own local zoning provisions to meet their obligations under the law.
Gloucester should do the same.
The seaport’s response to the AG’s legal threats should be to stay in the driver’s seat and not relinquish local control to a state-appointed special master. We can take care of ourselves, thank you. The state should stay on the other side of the bridge — the Tobin Bridge.
To comply with the law, last fall, Gloucester’s own citizen volunteer Panning Board, and elected City Council held lots of public meetings, hearings, and workshops as they listened closely to the voice of the people, took their advice, drafted and passed the most conservative and modest multifamily zoning ordinance while still complying with 3A.
Unfortunately, a citizen petition to overturn the local ordinance is forcing the city into a wicked expensive and totally unnecessary special election.
Everything has now come to a stop, placing the city in jeopardy of not only having to suffer the indignity and consequences of a special master taking over our zoning, but the city is now facing an additional penalty of losing state grants. That loss would cost Gloucester millions of dollars in lost revenue, never mind the loss of face.
The best and surest way for Gloucester to protect itself is to vote “Yes” at the April 24th special election and reaffirm our locally written and unanimously approved zoning ordinance and tell the state to stay home.
A “Yes” vote for Gloucester would guarantee that the city’s multi-family zoning ordinance will prevail despite those who would have us vote otherwise and give up all local control in these matters to the state.
Voting “Yes” is like a get-out-of-jail card, freeing us of the pains and penalties of irresponsibly saying no to the law.
Gloucester couldn’t have done a better job in locally crafting its zoning ordinance, certainly much better than the state could do.
Let’s keep it that way, keep Gloucester Gloucester, and vote “Yes” on April 24.
Jack Clarke is a Gloucester resident, frequent contributor to the Gloucester Daily Times, and chairman of the Yes for Gloucester Committee (yesforgloucester.com.)