Joe Marcklinger Resigns From Zoning Board Of Appeals

Zoning Board of Appeals member Joe Marcklinger, notable for his skepticism of some short-term rentals (STRs), has resigned.

Marcklinger told the Current that he resigned for personal reasons.

“I think the ZBA does an excellent job and that the members are all very professional and dedicated. Especially the three attorneys who give up their valuable time, to serve the community,” Marcklinger wrote in a message to the Current.

Marcklinger has often been the member of the ZBA most critical of STRs. In a high-profile remand case where the ZBA ruled that using a home not occupied by the owner as an STR was not a violation of local zoning laws, Marcklinger was the lone dissenter.

While the ZBA’s ruling is now moot, as Town Meeting voted to legalize STRs island-wide last fall, it was previously the primary defense for local STR operators. Marcklinger disagreed with the rest of the ZBA that the home’s use as an STR was incidental or customary.

“I don't think that as it's presented…what is going on now is subordinate or customarily incidental,” Marcklinger said at the time, referring to the standard for determining whether a given use of a property is accessory. “I don't think it meets the standard.”

It wasn’t the only time Marcklinger broke with the rest of the ZBA on an issue that grabbed headlines. When the ZBA voted 4-1 to request independent counsel on Surfside Crossing, Marcklinger was again the only dissenting vote.

Now, Marcklinger will leave the ZBA, creating a vacancy that the Select Board will be asked to fill in June. His term was set to expire in 2028.