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Planning board declines rear‑lot conversion for Fairgrounds Road property; denies release of lots
Summary
The board voted down a rear‑lot special permit and rejected a requested release of two lots for a three‑lot reconfiguration at 71–75 Fairgrounds Road, after legal and procedural objections were raised by the public and split votes among members.
The Nantucket Planning Board on May 12 declined a requested rear‑lot special permit for a reconfiguration of lots at the John Murray property on Fairgrounds Road and later voted to deny releasing two related lots from an earlier permit.
What happened: The applicant sought to convert existing subdivision approvals into a three‑lot layout (creating a new rear lot). After public comment and deliberation the board took a roll call on the rear‑lot special permit and failed to reach the needed four‑member majority: the vote was three in favor and two opposed, so the special permit did not pass.
Public and legal concerns: Several commenters and the Nantucket Land & Water Council urged the board to consider whether a rear‑lot conversion could be supported given prior definitive subdivision approvals that included waivers and a lot line that bisected an existing dwelling. The Council’s representative said a plain‑reading of the bylaw and prior conditions suggested the conversion was not eligible and offered a legal opinion for the record.
Board action on related item: Because the rear‑lot special permit failed, the board followed staff advice and then voted to deny the applicant’s request to release two lots from the prior special permit conditions (a procedural action necessary to permit the three‑lot reconfiguration). That motion passed.
Why it matters: The decision keeps the existing permit structure intact and preserves the status quo for the property. The discussion highlighted legal questions about when definitive subdivision approvals that relied on waivers can later be reconfigured through rear‑lot rules.
Quote: Planning staff cautioned the board that the rear‑lot provision requires the board to confirm eligibility under local zoning and that “you need to dispose of the other request to release these lots” if the rear‑lot permit is denied.
Ending: The board denied the rear‑lot special permit (no majority) and then denied the release of the two lots from the earlier special permit. The applicant may pursue alternate routes, but the current approvals and conditions remain in place.
