Announcing Amendments To Article 63

To the editor: We are writing a joint letter to the community to announce amendments to Article 63 at the Annual Town Meeting on Monday May 4th at 4:30 p.m. Article 63 was proposed by Emily Molden, and supported by the Planning Board, to address a provision of our Zoning Bylaw that has created a number of challenges for the community. The state’s Subdivision Control Law contains a provision that allows a property containing two or more structures that predate local subdivision control (1955 on Nantucket) to be divided such that at least one of the preexisting structures exists on each lot. In 2012, language was added to the Bylaw (Section 139-33(A)(3)) that automatically grants all of these newly created lots, even those which are newly created nonconforming lots, with pre-existing, nonconforming rights. This has eliminated the need for variance relief by the ZBA, and it has resulted in a number of negative impacts that this article aims to address including: insufficient notification and oversight, unplanned development, environmental degradation, and undermining the covenant program.

Following consultation with island attorney Arthur Reade regarding his and others' concerns about the implications of this article, we have made some changes to the proposed article. These changes will be incorporated into an Amendment presented at Town Meeting. Article 63 (with its amendments) will recognize lots created by the G.L. c.41 s.81L preexisting structures provision as valid lots under zoning, but will eliminate the language granting these lots and structures with preexisting nonconforming rights. The proposal inserts language that will require a Special Permit from the ZBA for any increase in nonconformity with height or setbacks, but explicitly prohibits any new dwelling units or any additional groundcover beyond what zoning would otherwise allow on the original lot.

The result of these changes will still allow for the creation of these lots and will ultimately achieve the primary intent of Article 63, which is to address many of the challenges listed above. More information about Article 63, as well as the text of the proposed changes, can be found at nantucketlandwater.org. We hope to have your support on Article 63.

Emily Molden
Arthur Reade