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Planning board debates change to zoning bylaw for lots created under state 41 81L; members seek clearer grandfathering
Summary
Planner Emily Molden proposed removing automatic preexisting nonconforming rights for ANR/41 81L-created lots and requiring redevelopment to follow existing zoning or seek relief; the board voiced legal and fairness concerns and asked staff and town counsel to draft clearer grandfathering and implementation language before town meeting.
Emily Molden, the town planner, told the Nantucket Planning Board on Jan. 15 that she was proposing an amendment to section 33A of the zoning bylaw that would remove language that "automatically grants those lots with pre existing non conforming rights" when a lot is newly created under the state41 81L subdivision provision and instead clarify that redevelopment of those newly created lots would be governed by the existing zoning or require relief through the zoning board process for changes to setbacks or height.
"This language . . . essentially states that structures on lots that have been newly created through that state provision can seek to alter or expand with regard to setbacks and height through the special permit process at the zoning board of appeals," Molden said, adding that the change is meant to reflect case law and to make clear how future development will be regulated.
Why it matters: Board members and local attorney Arthur Reed warned that removing the current protective text could…
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