Palitz v. Zoning Board of Appeals of Tisbury

In this appeal, we must decide whether a division of land pursuant to the subdivision control law’s existing structures exemption, G. L. c. 41, § 81L (§ 81L), 3 entitles the structures on the resulting lots to “grandfather” protection against new zoning nonconformities created by the division. As is more fully set forth herein, the plaintiff is the most recent owner of a lot in the town of Tisbury (town). The lot was created in 1994 by a division of land pursuant to the existing structures exemption. On the lot is a structure built before both the subdivision control law and the Zoning Act,…