Planning board backs rezoning of part of Toombs Court, opts for private deed restriction

The Nantucket Planning Board voted Tuesday to recommend rezoning part of Toombs Court to neighborhood commercial (CN), endorsing the property owners' proposal to use a private deed restriction rather than a town-held restriction to limit certain uses.

Chair Dave Iverson opened the special meeting and staff member Meg Trudell said the property owners and planning staff agreed a private deed restriction on sale would be the most appropriate mechanism for the parcel given its size and location. "It didn't make sense to come up with a list of restrictions and have the town be the responsible party to enforce those restrictions," Trudell said, adding that surrounding properties in the area do not have town-held restrictions.

Board members asked whether the town could or should enforce uses through a deed restriction. Trudell and staff member Leslie explained that because the rezoned portion is small and sits within an existing commercial corridor, enforcement by the town would be disproportionate; private restrictions tied to property sale would address the proponent's concerns while avoiding creating a new enforcement burden.

No members of the public indicated a desire to speak during the public-hearing period. The board closed the hearing and voted to give a positive recommendation for the rezoning, with the chair noting the vote threshold for this recommendation was 50 percent. The motion passed unanimously.

The planning board recorded its recommendation for the warrant; staff said there were no additional follow-ups scheduled and the item will proceed to the next stage of town review.