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Nantucket ZBA weighs citizen bylaw (Article 63) to tighten oversight of undersized lots
Summary
At its April 9 meeting the Town of Nantucket Zoning Board of Appeals discussed Article 63 (a citizen warrant article referencing M.G.L. c.41, §81L) intended to increase zoning oversight of lots created by subdivision; board members praised the intent but warned the draft could increase variance requests and legal uncertainty, and chose to offer comments rather than endorse the article.
The Town of Nantucket Zoning Board of Appeals spent the bulk of its April 9 meeting discussing a citizen warrant article (Article 63) proposed by petitioner Emily Molden to change how lots created under M.G.L. c.41, §81L are treated for zoning purposes.
Molden told the board the article’s principal aim is “to have more zoning oversight on these lots,” noting the Planning Board has endorsed the proposal and that town counsel prepared a memo addressing technical questions. Planning staff said recent case law has clarified that lots created by subdivision do not automatically vest buildability, which the article is intended to reflect.
Several board members said they support the article’s intent but raised detailed objections to the current draft. One longtime member said the change could prompt more…
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