Seeking Clarity In The Short-Term Rental Case

To the editor: I am responding to Ms. Perun’s letter to the editor, regarding her question about Judge Vhay’s lack of information on why voters removed zoning references to residential rentals and leases. My response is based on what I personally heard in the courtroom (as a subpoenaed witness) in the Ward II trial during the closing remarks, as well as what was then submitted in writing, as publicly available testimony on the Land Court website. Judge Vhay gave both sides some ‘homework’ in his April 7, 2025 court order and one of the assignments was to determine when and why all references to residential rentals and leases were removed from town zoning. Neither side had previously provided that information to the court in any format. The Judge stated that he needed that information to assist in the formation of his ruling. On behalf of the town, Leslie Snell, Nantucket Director of Planning, submitted the publicly posted testimony that provides an explanation for when, how, and why those references were removed. The following quoted excerpt from that testimony states:

"2. From 1972 through 2015, the Nantucket Zoning Bylaw ('Bylaw'), contained a definition of 'use' or 'used', which was 'construed is if followed by the words ‘or is intended, arranged, designed, built, altered, converted, rented or leased to be used.’

3. In 2015, the definition of used was deleted from the Zoning Bylaw.

USED: As a verb, shall be construed is if followed by the words ‘or is intended, arranged, designed, built, altered, converted, rented or leased to be used’

4. The deletion of the definition of ‘Used’ in 2015, was a 'technical amendment' or housekeeping matter on recommendation by the Planning Department that one can merely look to the Meriam-Webster’s Dictionary definition of the term of use if there is any uncertainty as to what this common term meant.

5. There was no intention by the Planning Board in proposing the deletion of 'use', to remove one’s ability to rent or lease their home, on a short-term or long-term basis, as the primary or accessory use."

State law creating and defining the term ‘short-term rental’ did not surface until 2018 and residential rentals of any length were considered by Nantucket zoning to be customary uses of residential primary and additional dwelling units.

The voters have a clear and simple solution opportunity to fix this ‘silence’ in Nantucket’s zoning by attending the short and focused Special Town Meeting starting at 5 p.m. on Election Day (11/4) and supporting Brian Borgeson’s article which ‘codifies’ residential rentals of any length as a permitted use, providing they comply with all applicable existing and future town bylaws.

I leave the questions regarding ‘material misrepresentation’ and ‘valid consent’ to town counsel.

Kathy Baird
Nantucket Together