Nantucket Historical Commission unanimously backs Article 65 to curb 41‑81L subdivision loophole

At its April 18 meeting the Nantucket Historical Commission voted unanimously to support Article 65, a zoning bylaw amendment intended to stop the automatic transfer of preexisting nonconforming status to lots created through subdivisions under MGL Chapter 41, Section 81L (the 41‑81L process). Commissioner Abby Dimalina moved the commission resolution in favor, seconded by Commissioner Sarah McClain; the roll call recorded ayes from the commissioners present.

Commission members described the measure as closing a development loophole that has allowed subdivisions of lots with multiple pre‑1955 structures to produce new parcels carrying preexisting nonconforming status, which commissioners said has led to demolition applications for historically significant outbuildings and secondary structures. The commission noted that Emily Mulder and the planning board collaborated on revisions to ensure the amendment would stand up to legal review and reduce litigation risk for the town.

Commissioners also reviewed several other warrant items because of their potential implications for historic resources. A small rezoning proposal affecting contiguous parcels at 7, 9 and 11 North Water Street would move parcels from Residential Old Historic (ROH) to Commercial Downtown (CDC) to match existing uses; commissioners flagged increased ground‑cover ratios in CDC (from 50% to 75%) and raised concerns about permeability and stormwater run‑off in that drainage area. Article 71, a general bylaw amendment to allow use of LED traffic‑control devices and portable speed feedback or changeable‑message signs, drew mixed comments: commissioners supported safety goals but expressed concern about the visual proliferation of illuminated signs on an island with limited street signage.

Two other articles (101 and 102) introduced by a private citizen were still awaiting additional specificity from their proponent and had received “take no action” recommendations; commissioners had no further comment pending clarifications.

The commission asked staff to be prepared to make a concise statement in favor of Article 65 at town meeting if the article is called. Commissioner Dimalina made the motion to support the article; Sarah McClain seconded. The verbal roll call recorded ayes from the commissioners present and the motion passed unanimously.