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Nantucket planning board splits on pre‑1955 ‘substantial’ structure test; one endorsement approved, another application withdrawn
Summary
Board debated what counts as a "substantial" pre‑1955 structure under the 41.81L exemption after two contested applications. One application was withdrawn so staff could seek legal guidance; another (298 Popas Road) was approved 4–1 following review of assessor records and photos.
The Nantucket Planning Board spent a large portion of its Oct. 13 meeting weighing how to apply the 41.81L pre‑1955 exemption — a rule that can exempt preexisting buildings from subdivision controls — and whether small garages qualify as "substantial" buildings.
Staff noted the rule leaves discretion to the board and cited two court decisions discussed at the meeting: the Citgo decision and Taylor v. Pembroke Planning Board. "Since the Citgo decision, there's only been one other land court case...the court determined that in order to…
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