we want what is best for the island and the community

Upcoming Vacation Rental Related Events and Outcomes:

• Results from Annual Town Meeting 2025 
• Following the Ward vs. Grape Family & Town of Nantucket Lawsuit (Judge Vhay's Order)
• What does the Seasonal Community Designation Mean for Vacation Rentals?

ANNUAL TOWN MEETING 2025

Although Article 66 , which we supported to codify Nantucket Vacation Rentals as a specifically permitted use, got a clear majority of the votes, it fell 58 votes short of the necessary 2/3 majority required to pass a zoning bylaw.  However, the damaging STR articles backed by ACK-Now and Nantucket Neighbors First (NNF) suffered signiicant defeats, which increased as the debate continued ons the town meeting floor.  This is heartening for many reasons.  

Looking back- when ACK-Now's damaging STR Article 90 went down to defeat in 2021 by more than  2/3 of the votes, their well-funded anti-STR campaign was just beginning. By ATM 2023 their next attempt at accessory use zoning restrictions reached a 40% plateau and at ATM 2025 ACK-Now/NNF fell back again with only 33% of the vote on Article 67, 27% on 68 and 14% on 69.

A letter to the Editor posted in the Nantucket Current said it best:  Oh So Close
 

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 against the Keith family and the town has not been appealed and is therefore moot; case closed.

The trial was held in the Boston Land Court 19-21 February,  The town subpoenaed 4 witnesses to testify for the town (and the Grape family who joined the town in this lawsuit), 2 prominent real estate brokers, Dr. Caroline Baltzer (sponsor of Article 66 and Kathy Baird, President and Co-founder of Nantucket Together), all of whom were cited in the ZBA's remand ruling for salient facts provided at the public hearing.  Attorneys for Ms. Ward filed a motion to exclude the latter two witnesses stating their testimony would be duplicative of the real estate brokers.  The town then filed a motion, providing additional rationale for why that would not be the case and Judge Vhay agreed to reconsider once all the approved witnesses had given their testimony.  This turned out to be mid-morning on the last day of the trial.  As potential witnesses, Ms. Baird and Dr. Baltzer were not permitted in the courtroom to hear any testimony and spent those days sitting outside the courtroom waiting for the call that never came but were allowed to be present for the closing arguments.  As we understood the judge's unanswered questions, Counsel on both sides were given a 'homework assignment' to provide him with the original (1970's and 1991 replacement zoning regulations) along with the legislative definition of STRs and what the difference in 'use' is between a rental of 31 (a STR) vs. 32 days (not a STR).  

On March 19, 2025, Judge Vhay sent an Order to the town and the Grape Family (click here to read in its entirety)  The Judge laid out his understanding/interpretation of the 2 sets of zoning bylaws, asked for clarification regarding why the term 'rented' was excluded from the 1991 version and extended the date for a reply to mid-April.  The fact that the term 'rent(ing)' a home (for any duration) is found nowhere in the town's zoning has always been a point of confusion for Nantucket Together and the Judge is now making that an obvious issue in his ability to make a ruling.  

The mid-April filing by Town/Ward Counsel provided testimony that those words were removed in a technical amendment designed to clean up zoning defintions that passed without discussion at ATM 2015 (before STRs were regulated by the state). ATM 2025 results have made it clear that the voters favor zoning codification of STRs by a significant (but not 2/3) majority and also do not favor accessory use definitions (none have ever passed) so hopefully that will guide his decision.   This trial is about one family's use of their home as a Nantucket Vacation Rental several years ago but it would set a precedent.....and whatever his decision is, another appeal is likely no matter which way he rules.

...And oh, by the way, Nantucket is officially a designated Seasonal Community!!

In the state-issued, Seasonal Communities Guidance, "The Seasonal Communities designation was created as part of the Affordable Homes Act, signed into law by Governor Maura Healey on Aug. 6, 2024. This designation was also supported by the voters at ATM 2025 when they overwhelmingly approved ATM 2025 Article 82 which officially accepted and confirmed the designation. The Seasonal Communities designation is designed to recognize Massachusetts communities that experience substantial seasonal variation in housing demand, visitors, and employment and to create distinctive tools to address their unique housing needs."  This is great news for the island and an additional, powerful tool in its initiatives to create more affordable and attainable housing for town employees and the island's workforce.  And, the criteria for achieving that status includes (bold added):

• High rates of short-term rentals in relation to the overall housing inventory;
• Significant population increases in seasonal visitors;
• Excessive disparities between the area median income and the income required to purchase the municipality’s median home price;
• Percentage of housing stock that is used for seasonal, occasional or recreational use or is otherwise not used as a primary residence by the property’s owner (>60% on Nantucket); and
• High variations in the average monthly variation of employment in the sector over the full year, in relation to the municipality’s minimum employment threshold.

OUR OPINION: We fully support the town and the Grape Family in defending the use of their home as a traditional NVR. The time has come. Hopefully the judge's ruling will allow us to put this all behind and move forward focused on the increasingly critical issues facing all of us on the island we love. 

Kathy Baird for Nantucket Together