In the past 3 years, there have been four lawsuits filed by neighbors against neighbors in various zoning districts on Nantucket. The suits were brought by individuals but were largely supported and funded by a local non-profit called ACK-Now. The basis of each suit has been that the owner of the property is operating a “commercial short-term rental” in a residential zoning district. The first of the suits, Ward vs. the Grapes and the Town of Nantucket, made it’s way last winter to the Massachusetts Land Court where Judge Michael Vhay, in his ruling, stated that Nantucket’s zoning by-law does not expressly address (permit or disallow) short-term rentals, either as a definition or as a defined use. In doing so, he remanded the case back to the Nantucket Zoning Board of Appeals.
The five member ZBA met in early June to hear testimony from the Grape family and their attorneys and from the attorneys for the plaintiff, Catherine Ward. They also heard testimony from various community members, much of it focused on the long and well-documented history and tradition of vacation rentals on Nantucket. The ZBA continued that meeting until last week where additional testimony was shared and a second enjoined case, Quick vs. Keith, was also heard. After nearly 4 hours of testimony, they closed the public hearing and began deliberations. The majority of ZBA members wanted to see a draft written decision prior to voting on it. It was clear that three of the five members recognized that the Grape’s and Keith’s renting of their properties qualified as an accessory and is allowed under Nantucket’s zoning by-laws. It is anticipated that the five regular members of the ZBA will take an official vote at their next meeting on August 15, 2024.