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Nantucket Select Board urges more time for short-term rental bylaw talks amid commerce-clause concerns
Summary
Town counsel and Select Board members said proposals to regulate short‑term rentals remain a work in progress and urged stakeholders to coalesce before citizen warrant deadlines, citing legal risk under the dormant commerce clause and an ongoing appeal in the Land Court.
Town Counsel John Giorgio told the Select Board on Aug. 6 that stakeholders are still refining proposals to regulate short‑term rentals and that no one had told him they intend to file a citizen petition for a special town meeting "at this time." He recommended delaying a special meeting until proposals coalesce and, where possible, are developed through the Planning Board.
Why it matters: Select Board members said the issue divides the community and that zoning and general bylaw approaches carry different legal and voting consequences. Giorgio warned that some zoning approaches could face legal challenges under the dormant commerce clause and highlighted the town’s existing enforcement tools in Chapter 123 of the general bylaw.
Giorgio said the Planning Board is the most appropriate body…
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