Bjorklund v. Zoning Board of Appeals

This case, transferred here on our own motion, raises the issue unresolved in Bransford v. Zoning Bd. of Appeals of Edgartown, 444 Mass. 852 (2005) (Bransford) — does the proposed reconstruction of a single-family residence, which satisfies all dimensional requirements in the town’s zoning bylaw except the required minimum lot size, “increase the nonconforming nature of [the] structure” within the meaning of the language contained in the second “except” clause of G. L. *358c. 40A, § 6, first par.?3 In the Bransford case, the court was evenly divided on this issue, and the judgment of the Land…