we want what is best for the island and the community

Upcoming Vacation Rental Related Events and Outcomes:

• Preparing for Annual Town Meeting 2025 (May 3, 2025 8:30AM)
• Following the Ward vs. Grape Family & Town of Nantucket Trial (February 19-21, 2025)

ANNUAL TOWN MEETING 2025

We fully endorse the Planning Board recommendations to support citizen-sponsored (Caroline Baltzer) Article 66 and 'take no action' on Article 67 (Fritz McClure) on the floor of STM.  These and the 2 citizen-sponsored STR-related General Bylaw amendment articles are scheduled to be publicly discussed with recommendations from the Finance Committee on February 18th at 4PM (Zoom only participation). These 4 articles can be found in their entirety here. In summary:

•  Article 66 - Zoning Bylaw Amendment - Short-Term Nantucket Vacation Rentals (NVR) - Sponsored by Caroline Baltzer - this article codifies the Zoning Board of Appeals remand ruling that recognizes traditional Nantucket Vacation rentals by families whose intent is to use their properties as well as rent them.  On January 9th, this article received a unanimous positive recommendation which we fully support  
•  Article 67 - Zoning Bylaw Amendment - Short-Term Rentals sponsored by Frederick McClure - this article creates an STR accessory use definition and includes residency and rental day limitations including minimum stays. On January 30th, this article received a unanimous 'take no action' recommendation and now moves to the Finance Committee for their review and recommendation 

The following STR General Bylaw proposals will also be discussed at a 4PM Zoom-only February 18 FINCOM meeting . These articles require a simple majority to pass at ATM.

• Article 68 - General Bylaw Amendment to Existing STR Regulations (Chapter 123) - sponsored by Patricia Wright - this proposed amendment includes virtually the same language as Article 67 but is submitted as a general bylaw which requires only a simple majority to pass.  However, since it contains a zoning definition of accessory use, Town Counsel has noted it is not in proper legal form. This article may have been submitted in case Article 67 (which would precede it in the warrant) does not get a 2/3 majority, to give the voters another 'bite at the apple'.  This article also expands on the existing requirement for vacation rental home inspections and requires submittion of home layouts with exits marked (and those layouts are already required to be posted in the home).  It is possible the submitter will propose, at ATM, wording changes to correct Town Counsel concerns but regardless, the proposed restrictions run counter to known Nantucket vacation rental data, would destroy the shoulder season and make summer rentals impossible for those families who can only afford a long weekend.  This proposal is in conflict with the recommendations made in the past by the STR Working Group, the STR Consensus Team and the town.
• Article 69 - General Bylaw Amendment to Existing STR Regulations (Chapter 123) - sponsored by Matthew Peel - this proposed amendment includes a 3 year cap on STRs while the town collects and publishes STR data. It also includes restrictions of 70 days of annual rentals per owner, a limit of 2 STR properties per owner, specifically permits time-share unit STR rentals and restricts sublease rentals.  At an earlier FINCOM Meeting Mr. Peel suggested that the proposed changes were submitted as a laundry list of ideas which could be modified (to be less restrictive) or removed on the floor of town meeting as 'in scope' revisions.  Having a cap before published STR demographic head counts are complete/made public and choosing an arbitrary 70 day limit, also without any rationale makes no sense to us.  

OUR OPINION ON ATM 2025 Articles: The currenly posted Chapter 123 has yet to be updated with the two amendments passed in 2024 ATM/STM (Articles 60 and 5).  Confusing voters has proven to be problematic.  Let's leave the STR bylaw regulations alone until we see what effects they have had before we add more unsupported (by Nantucket data) restrictions.
 

Ward vs. Grape Family & Town of Nantucket Trial

 After the ZBA ruled in their remand decision last September, that STRs were a permitted customary accessory use of a residence, Cathy Ward filed an appeal with the state Land Court.  The Nantucket Current article reporting this event can be found here.  The details of the appeal can be found here.  The parallel lawsuit filed by Christopher Quick agains the Keith family and the town has not been appealed and is therefore moot; case closed.

The appeal trial for the Cathy Ward vs. the Grape Family and Town of Nantucket will take place in at the Boston Land Court on February 19-21.  To avoid any adverse or unintended impacts on a fair trial, we will not publish any information or hearsay in our newsletters or on our website without written permission from the defendants.

However, the timing of the trial means it will immediately follow the completion of the the Planning Board and FINCOM STR Article review process for the upcoming 2025 ATM.  Since the Planning Board has recommended approval of Article 66, which codifies the remand ruling of the ZBA (that is the subject of the appeal), it is critical that the FINCOM follows suit to guarantee a united front from the town in this trial.  It should also be noted that regardless of the outcome of this trial, passage of Article 66 at ATM would render the lawsuit moot, as the definition of permissable Nantucket Vacation Rentals (NVR) would become part of the town zoning code.  

OUR OPINION: We fully support the town and the Grape Family in defending the use of their home as a traditional NVR. Let's also VOTE YES AND PASS ARTICLE 66 to put this all behind us and move forward focused on the increasingly critical issues facing all of us on the island we love. 

Kathy Baird for Nantucket Together 

 ProcessFirst was selected by the town to delve into online rental platform, MA State STR registry, home sales data and combine it/ compare it to the extent possible with similar data being independently aggregated by the Nantucket Association of Real Estate Brokers (NAREB), removing duplicates and protecting personal information.