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Nantucket boards consider temporary moratorium on tertiary dwellings amid debate over 'year‑round' definition
Summary
The Planning Board and Select Board reviewed a proposed temporary moratorium on tertiary dwellings tied to recent state law changes; residents and board members debated whether 'year‑round housing' should be defined as 10 or 12 months and how monitoring and deed restrictions would be enforced.
The Planning Board and Select Board on March 13 reviewed a proposed temporary moratorium on tertiary dwellings and spent substantial time debating how the town should define “year‑round housing” after changes in state law.
Arca Spiro raised concerns that defining year‑round housing as 10 months would create a loophole allowing properties to offer 10‑month leases while still operating as short‑season rentals the remainder of the year. "I think year round housing should be defined as 12 months a year," Spiro said, warning that a 10‑month definition could permit repeated short‑term occupancy cycles that undermine stable housing.
Planning staff and board members responded that the proposed 10‑month definition aligns with existing covenant programs and the Seasonal Communities Act. Leslie said the 10‑month figure was chosen to keep local bylaws consistent with those other programs and laws, and to avoid creating conflicts between local and state rules. "This 10 month restriction is consistent with the covenant and other housing programs," Leslie said, and she noted the Seasonal Communities Act was a guiding constraint for the local bylaw work.
Board members acknowledged the enforcement challenge Spiro described. Several speakers said any project receiving town or state funding would have a monitoring agent tasked with verifying occupancy and deed‑restriction compliance. Planning staff and members said deed‑restricted units and projects that use public funds typically include monitoring provisions as part of the funding and deed‑restriction package.
Other participants urged attention to edge cases: Nat Lowell noted that teachers and similar seasonal workers may effectively work 9–10 months a year and that the town should account for legitimate year‑round needs that do not fit a strict 12‑month occupancy model. Tom said the Affordable Housing Trust (AHT) and town council previously discussed the 10‑month approach and advised it was the best option for consistency across programs.
The discussion framed the moratorium as a pause to study combined impacts of new accessory dwelling allowances under the Affordable Homes Act and potential increases in density, and to design monitoring and deed‑restriction tools that will prevent gaming of occupancy rules. The planning board supported the temporary moratorium as a way to assess these impacts before full implementation.
The meeting did not adopt a change to the bylaw on the spot; it instead recorded the concerns and directed staff and related committees to continue work on consistent definitions and monitoring approaches ahead of Town Meeting.
The Planning Board review of the moratorium and the year‑round definition is expected to continue during upcoming committee meetings and before final warrant language is adopted for Town Meeting.
