we want what is best for the island and the community

Upcoming Vacation Rental Related Events and Outcomes:

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

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

...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.

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,  resulting in the judge's request for additional information to inform his decision. Counsel on both sides were given a 'homework assignment' to provide him with the original (1970's, 1991 replacement zoning regulations vs. current zoning definitions) 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 fact that the term 'rent(ing)' or leas(ing) a home (for any duration) is found nowhere in the town's current zoning .  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).   

The Judge's ruling was issued shortly after the voters failed to pass any STR zoning articles and simply stated, no short term rentals are permitted in residences other than room rentals within a dwelling were the owner or full-time tenant is present.  There are very few of these so this ruling is a clear signal that the voters must fix the hole in zoning, and do so as quickly as possible to avoid additional challenges/lawsuits and provide a wider ability to host vacation rentals so that legal leases can be signed for the shoulder and 2026 summer seasons.  As intended, his ruling satisfied noone and the town has filed an appeal.  In order to 'stay' the enforcement of this ruling, the Grape family offered to stop leasing their home as a STR while the town's appeal moves forward.

The Select Board offered legal mediation between interested parties to craft a consensus (set of) bylaw(s) but after negative public feedback, and the emergence of an ACK-Now sponsored draft zoning bylaw, chose instead request that the Planning Board and Planning and Land Use (PLUS) department reach out to interested parties and attempt to craft a consensus that could be put forward at the 2026 ATM in May; deciding not to call a 2025 Special Town Meeting in the fall.  

OUR OPINION: The families who count on rental income or need the affordable housing funding and initiatives provided by the Seasonal Communities designation cannot wait until 2026 to vote on a zoning fix.  And how can the town prepare a budget when 10% of its revenues are at risk due to this constraint on the island's primary source of visitor lodging?  The time is NOW and the means is the submission of a citizens warrant zoning article (requiring a fall, single purpose STM) that clarifies the right to rent  residential dwellings for any length of time with any additional 'compromise' regulations drafted in the off-season for voter consideration in May.

Kathy Baird for Nantucket Together