Planning Board Endorses Short-Term Rental Proposal For Special Town Meeting

The Planning Board on Monday voted unanimously to make a positive recommendation on the compromise short-term rental (STR) warrant article drafted by a Select Board-appointed subcommittee for September's Special Town Meeting. Subsequently, the Board voted unanimously to recommend that Town Meeting take no action on the warrant's other STR articles.

After a lengthy public hearing featuring comments and criticisms from article sponsors and members of the public, the Planning Board opted to make a few minor changes to the article primarily aimed at cleaning up confusing language and avoiding unintended consequences - but not without first facing some pushback.

“The perfect should never be the enemy of the good,” said Planning Board member Barry Rector, who suggested edits could make the process “nightmarish,”.

“Let's not make it so convoluted," Rector added.

Town Counsel John Giorgio, who wrote the language to the proposed bylaw, also urged caution when making edits.

“If the town has learned one thing from the last two town meeting cycles, it is that amending articles that are already in the warrant can be very problematic at town meeting,” he said. “I think you lose the advantage of simplicity.”

Ultimately, the Board felt that the edits - which delete a controversial definition of the term “operator,” remove a clause that could have blocked future regulation of STRs outside of July and August and specifically protect so-called “garage apartment” STRs - give the article the best chance of success on the floor.

“I feel the changes we have made have not added complexity and have stripped it down,” Planning Board chair David Iverson said.

The compromise bylaw would limit STR operators to renting buildings on a single lot and ban STRs in tertiary dwellings, affordable housing, workforce housing, and covenant housing. STR operators currently STRing dwelling units on multiple lots would have eight years to come into conformance with the new law. It would also limit STR operators to eight changes of occupancy during July and August. New STR operators would be limited to three changes of occupancy in July and August for five years, at which point they would be allowed eight. If passed, the bylaw would go into effect on July 1st, 2025.

To many, the Planning Board's meeting may have felt familiar. For the second consecutive year, a group chosen by the Select Board came before the Planning Board with a compromise article that had achieved two-thirds support but failed to capture the endorsement of the representative most in favor of tightening STR regulations. This year, that was Charity Benz, representing Put Nantucket Neighborhoods First, who urged the Planning Board to support her more stringent article instead.

“Our primary concern will remain the Y in the use chart,” Benz said, alluding to the provision in the compromise article that expressly allows STRs across the island.

Her article ultimately did not receive a positive recommendation.

While the changes made by the Planning Board may be minor, the fear is that they could increase confusion on Town Meeting floor. Last year, confusion was a large part of why the Short Term Rental Work Group's article was unable to pass, and advocates hope to avoid a repeat the second time around.

Next, the STR articles will go before the Finance Committee. After that, it will be up to the voters. Any of the articles would need a two-thirds majority to pass.