Why I Believe The ZBA Is Conflicted On Short-Term Rentals

To the editor: The recent ZBA meeting was something to behold and totally undermined the credibility of our own Town Government including all of the members of the governing bodies that appoint it (Select Board, Finance Committee and Planning Board). I call on all members of the ZBA and all of the Boards that appoint it to immediately disclose any potential conflict of interest that they or any of their family members, business partners, or other affiliates have with the short-term rental (STR) industry. Absolute transparency is the only way to restore faith in our town government.

For those unable to observe the spectacle and the aftermath of the last meeting let me provide context and a recap.

In March, Judge Vhay held that the Town's zoning bylaws do not allow STRs as the principal use in a residential zone, but may permit STRs as an accessory use. The case was remanded to the ZBA to determine whether the Grapes' use of the property as an STR qualified as accessory. This necessitated that the ZBA define accessory. That would seem pretty simple. Accessory means a subordinate or minor part of something. A simple mathematical formula would have sufficed -- like you live in a house more than you rent it.

After stalling for 5 months, the ZBA attempted to not use basic math in their definition of accessory. When they realized that this might be difficult, they sought to count “unoccupied days as a primary use”. Are you kidding me? When they realized there was dissent amongst them they attempted to disqualify the only member who probably didn’t have an economic conflict of interest – Lisa Botticelli. After being called out by both of Nantucket’s newspapers/periodicals they then dispatched their spin machine to talk about their virtuous public service.

Why the gymnastics by the ZBA? Why is Nantucket so cynical about its Town Government?

Here is your ZBA in their own words from their own websites:

Chair Susan McCarthy concentrates her practice in the area of residential and commercial real estate, zoning, and land use. Her experience includes representation of financial institutions, construction contractors, real estate developers, mortgage lenders, employers, employees, landlords and tenants.

Michael O’Mara has been the principal broker and President of Island Properties since its inception in 1985. After graduating from Nichols College, with a degree in Finance, he started building homes in Vermont and Nantucket which dovetailed into the Real Estate Brokerage business.

Elissa Allen Elisa’s Talents have evolved and taken her to expand the scope of her business to architectural, construction, design, and furnishings consulting. There is no limit to her ability to advise her clients and assist in creating a beautiful private dream home or a valuable, tasteful & desirable investment property to rent or sell.

John Brescher Real Estate Attorney

It appears that the ZBA is highly conflicted on the issue of STRs. Having a conflict does not mean that you have an opinion about an issue or an industry (eg Lisa Botticelli being a member of the advisory council of ACK Now – by the way director’s fees for this are zero). It does mean having an economic interest in an outcome of a vote. That could mean anything from being a shareholder in an STR to having clients who own and operate STRs. Given that we are talking about the continuation of an entire industry, any economic connection to that industry needs to be considered. If a Board of a public company with conflicts were to vote on a major corporate issue you can be sure there would be a long line of trial lawyers lined up to file suit.

Therefore, in order to restore some sense of credibility in Town government all members of the ZBA, Select Board, Planning Board, and Finance Committee should immediately disclose to the people of Nantucket all conflicts with the STR industry that they or any of their family members, business partners, or other affiliates have. Sunlight is the best disinfectant and the only way that Town Boards can start to rebuild the faith that our Town Government is “of the people, by the people and for the people”.

Sincerely,

George Spencer III

Editor's note: Spencer is a member of the Board of Directors of ACK Now