The Nantucket Select Board on July 9 discussed using a confidential mediation process to try to reach a compromise on short‑term rental regulation after a Land Court decision overturned a zoning board ruling on a specific rental use.

Select Board counsel and outside counsel outlined a mediator‑led process in which the town would select a neutral with zoning and land‑use experience, identify a limited set of participants (for example one representative from each principal town board and key stakeholder groups) and run confidential sessions in advance of preparing a single warrant article for town meeting. Proponents said mediation can surface tradeoffs and allow frank, off‑the‑record discussion; critics said the process risks excluding the broader public and undermining voters’ recent directions.

Why it matters: short‑term rentals have been a contentious multi‑year topic in Nantucket. The board is pursuing an appeal of a Land Court ruling that found the Zoning Board of Appeals erred in finding a particular short‑term rental use was accessory to a primary residential use. Outside counsel told the board that mediation offers a route for the town to craft a zoning amendment with a better chance of succeeding at town meeting than leaving the outcome to litigation.

What happened at the meeting: Select Board members, several past and present working‑group participants and members of the public debated whether mediation would be useful. Some speakers said past facilitated efforts and working groups had produced drafts that later fell apart and warned that another closed process could produce the same result. Other speakers — including those who have sponsored or opposed previous warrant articles — said they were open to meeting in good faith to negotiate a single, implementable package that could attract enough votes at town meeting.

Board action: The board directed the chair and vice chair to re‑agenda the topic for the board’s July 23 meeting (or as soon as practicable) and to invite representatives of parties who have sponsored or advocated for prior warrant articles to appear and indicate whether they would join a mediated process. Select Board members also discussed seeking a mediator with experience in land‑use and municipal law and potentially asking participants to provide written position statements in advance.

What’s next: The board plans to place this item on a future agenda, invite named stakeholder representatives and, if there is sufficient willingness among the participants, explore a mediation timetable and mediator candidates. No changes to zoning or bylaws were adopted at the July 9 meeting. Several members noted that the town registry and other enforcement tools (chapter references in the transcript were to “1 23” and “3 38”) will be relevant to any final package.