Nantucket Select Board debates mediation as short-term rental bylaws, tentatively schedules special town meeting

Facing a recent land‑court judgment and competing citizen proposals, the Nantucket Select Board on July 23 opened an extended public discussion about whether to pursue private mediation among stakeholders or to proceed with a citizen‑driven special town meeting to rewrite short‑term rental rules. The board also tentatively set a date for a special town meeting in early November and agreed to develop a timeline for next steps.

The discussion came after weeks of private drafting and public calls for multiple, differing warrant articles on short‑term rentals. Town counsel George Pucci, of KP Law, described mediation mechanics to the board and public: "There would be a mediation agreement that would be signed at the beginning that parties agree to keep confidential the substance of the communications and the negotiations in the mediation," he said, adding that any written document that participants accept would be made public and identifiable as to who supported it.

Why it matters: the land‑court ruling at issue found that particular short‑term rental operations were not permitted under the town's zoning as written, and the judgment is now on appeal. Select Board members said they want a solution that reduces litigation risk and produces a bylaw package that can pass at town meeting rather than provoke more appeals.

Board members and dozens of residents described a mix of positions. Some residents who rent seasonally said they feel threatened and called for a straightforward zoning fix; others argued past public work groups failed to reach a durable compromise and urged a mediated, structured process. Several people said they would participate as stakeholders if mediation were convened; others said they feared back‑room deals and wanted any draft returned for public vetting.

Select Board members sketched next steps rather than adopting a single path. The board voted to tentatively schedule a special town meeting for November 4 (later refined in board discussion to November 5) and to ask town administration to produce a timeline and options for follow‑up at the Aug. 6 Select Board meeting. Several board members said November may be too early and encouraged private talks among the various groups in the meantime.

Town counsel said mediation could be structured to include representatives of proponent groups, the Select Board and the Planning Board, that participants would file written positions in advance, and that a mediator could work off those materials. "If you enact a bylaw that resolves the issues that were disputed in that case'we would file a motion to dismiss the appeal as moot," Pucci said, describing the litigation benefit of a local resolution.

Public commenters ranged from seasonal homeowners who said they were "scared to be sued" to local residents urging more time for a collaborative process. Several speakers urged inclusion of non‑voting taxpayers and other constituencies in any negotiation. The board stopped short of authorizing a town‑funded mediation at the meeting but encouraged dialogue and asked for a schedule to be developed for the August 6 meeting.

The board also repeatedly cautioned that if citizens file petitions for a special town meeting, state and local timelines apply: a valid citizen petition can require the Select Board to call a special town meeting and the warrant process allows other articles to be added by the Select Board or by further petitions.

Looking ahead: the board asked town counsel and staff for a proposed mediation timeline and for materials describing how a mediated outcome would be documented and brought to town meeting. The board scheduled a follow‑up discussion for Aug. 6 and warned citizens that multiple competing articles at a rapid special town meeting could fragment votes and risk defeat.

The Select Board did not adopt a final policy at the July 23 meeting; instead it directed staff to return with a timeline and encouraged continued outreach among the island's stakeholders.