In Remand Hearing, Zoning Board Appears Poised To Vote For Short-Term Rentals

The Zoning Board of Appeals seems poised to side with Peter and Linda Grape in the controversial remand hearing stemming from Cathy Ward’s lawsuit against the family over their use of their property on West Dover Street as a short-term rental. At a hearing on Thursday, three of the five members of the ZBA signaled that they believed the Grapes’ renting of their property qualified as an accessory use and is allowed under Nantucket’s zoning bylaws.

“We're treating the idea of renting your house for a short period like it's some kind of criminal act and it's not,” ZBA member Elisa Allen said. “I don't think [the Grapes] have done anything sneaky or criminal or out of line.”

Thursday’s hearing was the result of Massachusetts Land Court judge Michael Vhay’s decision in March that the town's zoning bylaw does not allow short-term rentals (STRs) as a principal use of a primary dwelling. He reversed the Zoning Board's prior decision in the case and remanded the matter back for further consideration.

An official vote on the case was delayed until the ZBA’s August 15th meeting. The ruling on a similar remand, stemming from a lawsuit filed by Christopher Quick, was also continued until August, but the final vote is likely to be the same, as a majority of board members indicated their votes would remain consistent.

“This seems to fall squarely in line with how homes on the island have been used for a very long time,” Chair Susan McCarthy said of the Quick case.

The ZBA decisions on the remanded cases could impact other short-term rentals on Nantucket by setting the precedent for STRs in residential zoning districts. There are hundreds of STRs on the island, many not primarily occupied by the homeowners, all of which could be impacted by the ZBA’s ruling.

The only regular ZBA member who explicitly broke with the group’s consensus was Joseph Marcklinger.

"I don't think that as it's presented…what is going on now is subordinate or customarily incidental,” Marcklinger said, referring to the standard for determining whether a given use of a property is accessory. “I don't think it meets the standard.”

Ward alleges the Grapes are using their home principally as a short-term rental, which is not allowed under Nantucket’s zoning, per Vhay’s ruling in March. But now it seems likely that the ZBA will rule against her.

“I don't think what the Grapes have done as far as staying there, not staying there, their intention is anything out of the ordinary for Nantucket,” Allen said. “It's very clear that this is about intentions. This isn't some corporate-owned property.”

ZBA alternate Lisa Botticelli left the meeting early after a tense exchange with Allen, during which Allen suggested she was biased because of her position on local political action group ACK Now’s Advisory Council. Ward also serves on ACK Now’s Advisory Council and has had her legal effort supported by the political action group. Botticelli denied that she was conflicted, but did not return for the duration of the meeting, including for unrelated cases considered later.