Nantucket Select Board and ZBA Vote to Appeal Land Court STR Decision

On Friday, June 6th, Massachusetts Land Court Judge Michael Vhay vacated the Town’s ZBA decision that short-term rentals (STR) were permissible under Nantucket’s zoning bylaw. His ruling, in the ongoing lawsuit Ward v Town of Nantucket et al., stated that “the current Nantucket Zoning Bylaw does not allow rentals shorter than 31 days of 'primary dwellings' in the Nantucket Residential Old Historic district, except for 'the rental of rooms within an owner-occupied dwelling unit'.”

Although the ruling covers only residential properties in the historic district, this would be a blow to the town’s tourism industry and economy as it relies on STRs. According to a 2021 UMass Amherst Donahue Institute STR study, the number of traditional lodging establishments offer a total of 900 rooms for visitors, while STRs offer 7,100 rooms and the tax revenue generates between $8.5 to $9 million annually.

The Nantucket Select Board and Zoning Board of Appeals held a joint meeting last night and issued a joint statement immediately after the meeting announcing that they will appeal Judge Vhay’s decision. Both boards voted unanimously to file for an appeal of the decision. Click here to read the joint statement. If accepted, the appeal would allow STR operators to honor existing bookings.

CCIAOR applauds the boards’ decision to file the appeal, and will continue to monitor the situation.