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Town debate over zoning loophole that treats pre‑existing nonconforming lots; amendment fails and main motion does not reach required two‑thirds

3199154 · May 6, 2025
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Summary

Citizens debated a citizen‑sponsored amendment to the zoning bylaw that would remove a 2012 provision granting automatic pre‑existing nonconforming rights to newly created small lots; amendment to delay effective date failed and the main motion did not secure the required two‑thirds vote.

A citizen‑sponsored article sought to amend Chapter 139 of the Town of Nantucket zoning bylaw to remove language added in 2012 that, proponents said, grants buildability and ground cover rights automatically to newly created nonconforming lots stemming from the pre‑existing structures provision in state subdivision law. The article led to extended debate between residents, preservation groups, planning staff and attorneys.

Proponent Emily Molden told Town Meeting the 2012 language was unique in Massachusetts and had enabled ‘‘undersized’’ lots and redevelopment that increases impervious surface, strains infrastructure, and…

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