Nantucket ZBA Takes No Position on Pre-1955 Subdivision Bylaw Ahead of Town Meeting

NANTUCKET — April 9, 2026 — Nantucket's Zoning Board of Appeals declined to endorse or oppose a citizen zoning article that would impose new oversight on lots created by dividing pre-1955 structures, opting instead for an hour of detailed public deliberation. Petitioner Emily Molden appeared before the board for the second consecutive month to discuss Article 63, which would amend MGL Chapter 41, Section 81L and require a special permit before any structure on such a divided lot could be altered; the Planning Board has endorsed the article. Board member John Bresher said he supports the concept but warned the board to expect variance requests for "buildability" determinations on undersized lots the article does not explicitly protect: "I don't love that it would be a variance — it's a self-imposed hardship by creating the subdivision." Attorney Sarah Elger, present as an observer and conflicted out of moderating the article at town meeting, disputed town counsel's analysis that no variance pathway would result, calling the article "so badly written that it's going to be chaos if it's adopted." Molden declined a suggestion to withdraw the article, which has fallen short of the required two-thirds majority by roughly six votes in 2023 and 12 votes in 2024, and said she would seek possible scope-compliant floor amendments before town meeting.