During a recent government meeting, the board discussed the classification of short-term rental use at the Keith family's property located at 15 Delaney Road. The central question was whether this rental activity constitutes an accessory use, which is a secondary use of a property that is subordinate to the primary use.
Attorney Gadellis, representing the opposing view, emphasized the need for the board to establish clear factual findings regarding the Keiths' rental and personal use of the property. He noted that the Keiths reported renting the house between 60 to 113 days a year while using it for personal purposes between 50 to 120 days annually. He argued that these figures suggest that short-term rental is not the primary use of the property, but he urged the board to clarify the exact number of personal use days, as the Keiths themselves described their personal use as an estimate.
Attorney Dan Bailey, representing the Keiths, countered that their rental practices align with customary use on Nantucket, where many homeowners rent out their properties to help cover expenses. He highlighted that the Keiths have owned property on the island for over 30 years and have consistently rented their homes as a means to afford their vacation home. Bailey pointed out that the Keiths only own one house on Nantucket, contrary to some confusion regarding their property ownership.
The discussion also touched on the historical context of short-term rentals on the island, with Bailey asserting that such practices have been a longstanding tradition among homeowners. He argued that the Keiths manage their property closely, limiting the number of renters and maintaining a good relationship with them over the years.
The board was urged to consider the customary nature of short-term rentals in the community and to make informed decisions based on the specific facts of the case. The meeting concluded with a call for further inquiries to clarify the nature of the Keiths' rental use and its classification as an accessory use.