Trust reviews seasonal-community regulation draft and seeks clarifications on year‑round deed restrictions and trust structure

The Nantucket Affordable Housing Trust discussed a newly launched year‑round deed restriction pilot and reviewed a draft comment letter on the Executive Office of Housing and Livable Communities (EOHLC) seasonal-community regulation proposal on Oct. 14.

Dylan, a staff member, said the town’s year‑round deed restriction pilot program opened Sept. 17 and that eligible homeowners, property owners and buyers may apply; staff noted the pilot application is posted on the housing department website and that applications for certain programs are being accepted through Nov. 14. He also summarized public avenues for comment on the EOHLC draft regulations: the department posted the draft Sept. 26 and is accepting public comment through 11:59 p.m. on Oct. 31, with submissions to the EOHLC email address provided in the meeting packet.

Christy, a staff member, presented a proposed letter the trust was asked to endorse. Key requests in the draft include: explicit inclusion of community land trusts when defining a year‑round housing unit and when identifying entities that can monitor and enforce restrictions; allowing year‑round occupancy deed restrictions to be held in perpetuity (rather than limited to 30 years); clarification on whether a separate year‑round housing trust is required or whether an existing affordable housing trust can fulfill the role; extending existing exemptions that apply to affordable housing trusts (for taxes and competitive‑procurement rules such as 30B) to year‑round housing trusts; and stronger language on funding streams, including a push for a transfer fee to support projects.

Trust members discussed timing and process. Abby J. Molina noted the draft had been prepared in coordination with counterparts on the Vineyard and asked about county commissioner support; Christy said the draft had not yet been reviewed by the county commissioners. Penny Dye requested more time to read the draft and asked to postpone a final endorsement; trustees agreed to keep the item on the agenda while staff will provide an updated draft to county commissioners by Oct. 22 and incorporate trust comments for the county hearing.

Trust members and staff also discussed statutory language cited in the draft. During the discussion, Vicky Marsh and staff referenced statute citations as expressed in the meeting: "1 84 section 26" and the sections cited as "1 84 section 31 to 33"; staff said that, as drafted, the regulations appear to limit year‑round deed restrictions to 30 years unless clarifying statutory changes are made to allow perpetuity. Christy said the trust wants a clear regulatory or statutory path so small towns in seasonal communities can administer deed restrictions and trusts without duplicative staffing burdens.

Christy said the planning board will review the draft this week, the NPDC will meet later in October, and county commissioners will discuss the letter on Oct. 22. Staff asked trustees to send comments in time for an updated letter to the county by the county’s packet deadline. Penny's request to delay final endorsement was accepted and the letter will remain a draft pending trustee review.

Ending: Staff will provide an updated draft to county commissioners before their Oct. 22 meeting; the trust will revisit the draft at its next meeting to consider endorsement and final edits.