Let's Get Off The Merry-Go-Round

To the editor: Are you tired of the short-term rental (STR) debate and the controversy over the STR lawsuits? Do you wonder why they have yet to be settled or decided by the courts?

I sat in the courtroom for the closing arguments in Cathy Ward vs. Grape family second trial and learned why the merry-go-round keeps turning. Simply put, zoning bylaws define how a property can or cannot be used. On Nantucket, residential properties may have multiple dwellings and there are definitions of primary and accessory use, none of which mention a permitted or prohibited use of a dwelling as a rental – for any length of time. And let’s not forget that the Land Court only rules on zoning issues.

In his initial Ward trial decision, Judge Vhay ruled that the rental of the Grape property was not permitted as a primary use but could be an accessory use and remanded the accessory use interpretation to the Zoning Board of Appeals (ZBA). Since there is no definition in Nantucket zoning of the term ‘rent’ or ‘rental’ in any context, the ZBA further elaborated on its original interpretation. They concluded that the use of the Grape home was not a zoning violation since it met the requirements for customary accessory use as a seasonal home acquired with the intent of vacationing in it and renting it to cover the cost of ownership. The judge also asked both legal teams to define the zoning difference between a 31 and 32-day rental.

The problem is that our zoning is silent on STR use (a term defined by the state in 2019 legislation) and ‘rental’ use in general and is therefore always going to be subject to interpretation (and lawsuits attempting to prove, as fact, what can only be an interpretation).

So Nantucket will never emerge from the merry-go-round until we pass zoning that specifically aligns with the residential, customary, and traditional use of homes that has existed for more than a century. The permission to build secondary dwellings on a property was intentionally put in Nantucket zoning to serve as housing for vacationers, to provide needed income for property owners, and to support a tourist industry that did not include high-rise beachfront resorts. Nantucket is a National Historic Landmark and a newly Commonwealth-designated Seasonal Community because of its unique characteristics.

Let’s acknowledge and embrace that heritage. Vote yes on Article 66 to specifically permit vacation rentals in our zoning but only when they comply with existing general bylaws that control their operation, including the prohibition of corporate operators.

Kathy Baird
Gloucester Street