Judge's order on short‑term rentals narrows legality in historic district; town expected to decide whether to appeal

A recent court order restricting short‑term rentals in Nantucket’s historic district is prompting town officials and residents to consider immediate legal and legislative responses. The Advisory Committee for Nonvoting Taxpayers (ACNVT) discussed the order June 7 during its regular meeting; committee members said the ruling is narrow but could spur broader action by the town.

The order, described in the meeting as “an order without an opinion,” concluded that the town’s zoning did not expressly allow short‑term rentals in the Old Historic District, and it remanded some matters to the Zoning Board of Appeals (ZBA). Kathy Baird, an ACNVT member who attended the court hearing, said she came away “not surprised that he came down with a … really strict decision” and quoted the judge as warning the town to “fix it at your next town meeting or I will.”

Why it matters: committee members said the ruling could force the town to act quickly because it affects rental properties used seasonally and by owners who are not year‑round residents. ACNVT members noted that the decision, though narrow in scope, removes a layer of legal uncertainty that the town has faced for years and could affect hundreds of properties downtown and elsewhere.

What the town can do: meeting participants described three likely paths: the select board could appeal the decision (which would likely put the order on hold), the town could seek a special town meeting if citizens gather 200 petition signatures, or the town could revise zoning and general bylaws to clarify what is allowed. Kathy Baird reported published comments from town counsel and town officials indicating an appeal was likely; she also noted a June 11 joint session between the ZBA and select board had been scheduled to discuss litigation strategy.

Practical consequences and enforcement: committee members said practical enforcement is limited because the town lacks a registration system that distinguishes whole‑house short‑term rentals from hosted rentals (room rentals by a resident). Enforcement, they said, would likely depend on neighbor complaints and ZBA adjudication. ACNVT members also noted the ruling could complicate this summer’s operating season for some rental owners if no stay is granted.

Positions in the meeting: Peter Halley, ACNVT chair, described the ruling as a “big cloud” over the summer rental season and urged the town to clarify policy. Peter Connan (committee member) said the decision could be a motivation to bring stakeholders together and noted an Act Now representative had suggested mediation between parties. Several members said they expected the town to appeal and that an appeal would likely produce an automatic stay while the case proceeds.

Next steps: ACNVT members said they will monitor the select board’s actions after its June 11 meeting and will be available to advise, but the committee has no legislative authority. Committee members discussed possible outreach to help the town craft zoning language if asked.

Ending: The committee agreed to watch the select board–ZBA meeting results and to reconvene on the issue if a special town meeting or appeal is filed.