Mellendick v. Zoning Board of Appeals

The three parcels of land in question are located on Chappaquiddick Island in Edgartown (town). At issue are special permits awarded by the town’s zoning board of appeals (board) to the individual defendants pursuant to a provision of the town’s zoning by-law, art. XI, § 11.20 (hereinafter § 11.20), entitled “Substandard Lots as Affordable Homesites.” This provision allows “homesites to be buildable for people who have lived in Edgartown for a substantial time, who intend to live year-round in Edgartown, but who, because of high land prices, would otherwise be financially unable to establish…