Nantucket officials weigh mediation, enforcement and code cleanup in ongoing short-term rental dispute

Nantucket — Members of the Advisory Committee of Nonvoting Taxpayers on July 12 pressed town staff about efforts to resolve continuing short-term rental (STR) disputes, asking whether mediation, clearer public explanations and stronger enforcement measures could break a long-running impasse. Town staff described a possible mediation process that would bring stakeholder groups together to explore compromise, but members noted time constraints and public skepticism. “Mediation is not gonna happen overnight,” Libby Gibson said, and the Select Board had not yet set a final approach. Committee members and guests raised three related concerns: whether key zoning protections were omitted in a 2015 “cleanup” amendment, whether the town’s STR registry collects enough information to enable enforcement, and whether the town has or can hire the staff capacity needed to enforce new rules. Several committee members urged the town to publish clear factual material about the 2015 amendment. Carolyn Balser, a meeting participant, said a legal brief from KP Law (she provided it to staff during the meeting) explains an omission in the zoning code and that making the brief public would help correct misinformation: “It is publicly available… I just sent it to you,” she told staff. Kathy Baird and others described a judge in recent land court proceedings as frustrated and said public understanding of the drafting history could affect acceptance of a corrected zoning provision. On enforcement, Gibson said the town had advertised for a short-term rental coordinator funded by registry fees but failed to hire a candidate who accepted the position; she said one remote option is being explored. She also said the registry currently asks for attestations but does not require every supporting document to be submitted quarterly, which some committee members said undermines trust that rules will be enforced. Why it matters: STR regulation affects housing availability, neighborhood character and municipal enforcement resources. Mediation could produce policy compromises, but committee members warned a process with limited transparency or insufficient stakeholder representation would not satisfy the community. Supporting details: Committee members suggested using representative stakeholder panels similar to past nine-member STR working groups and urged the town to include clear messages explaining the legal history of the zoning language. Gibson said the Select Board planned to discuss mediation on July 23 and noted legislative constraints: some local changes (for example, a housing transfer tax) require action by the Massachusetts Legislature. Quotes from the meeting: “Mediation is not gonna happen overnight,” Gibson said. Carolyn Balser added, “It is publicly available. … I just sent it to you.” Kathy Baird told the group the town should explain the 2015 clean-up omission publicly so voters understand it was inadvertent. Ending: The committee encouraged staff to make the KP Law brief and other factual background available and to press ahead with efforts to fund and fill an enforcement coordinator position; staff said the Select Board would revisit mediation and enforcement options at its next meeting.