Nantucket Earns Another Year Of "Safe Harbor" Status Thanks To Affordable Housing Progress

Nantucket’s so-called “safe harbor” status, which allows it to reject unwanted 40B housing developments, has been extended for another year.

Under state law, unfriendly 40B developments, like the controversial Surfside Crossing development on Nantucket, can only be rejected by towns that have 10 percent of their housing stock on the subsidized housing inventory (SHI) list for affordable housing or are making substantial progress toward that goal.  Developments proposed under the state's 40B law can have greater density than allowed by zoning if 20 to 25 percent of the units meet the state’s definition of affordable housing.

The Executive Office of Housing and Livable Communities sent a letter to the town early this month certifying that the town has created enough subsidized housing units this year to remain in safe harbor until October 31st, 2026.

This gives the town greater flexibility to control large-scale housing developments that promise to create affordable housing on-island, meaning that another project like Surfside Crossing is unlikely for at least another year.

The state’s letter says that, in total, seven percent of the town’s housing stock is currently on the subsidized housing inventory list, meaning that more progress will need to be made next year to retain safe harbor status. The percentage of the island’s homes on the list has continued to inch higher year after year, but remains well below the 10 percent threshold that would guarantee continued safe harbor.

The three projects that pushed Nantucket over the line for safe harbor this year were the 28 units at Richmond Meadows I, two units at Habitat for Humanity’s Waitt Drive project, and one unit at 7 Sandplain Drive.