Nantucket Says No Enforcement While Appealing Short-Term Rental Lawsuit Ruling

The town of Nantucket responded on Friday, June 13, to Massachusetts Land Court judge Michael Vhay's ruling in the lawsuit filed by Silver Street resident Cathy Ward against her neighbors and the Nantucket Zoning Board of Appeals.

In his ruling, Vhay blocked short-term rentals of dwellings that aren't owner-occupied. This ruling prompted several questions that the town of Nantucket attempted to answer.

The Town of Nantucket stated that it will not be taking enforcement action against any properties violating Vhay's ruling, other than the property that is the subject of the case, barring further legal action. 

According to a Nantucket Current report, town officials anticipate that its appeal of Vhay's decision will serve as an automatic hold on the ruling. This appeal will allow short-term rentals to continue without interruption this summer. 

According to a response to frequently asked questions about the ruling, the Nantucket Current stated that the court ruling does not require the Town of Nantucket to enact zoning enforcement action against any properties other than the property that remains as the subject of the case. "The Building Inspector continues to have discretionary jurisdiction over demands for zoning enforcement, subject to appeal to the ZBA, based on the facts of each case," the report said.

In response to a question about how the Town of Nantucket would proceed with addressing the short-term rentals and zoning bylaws, the Nantucket Current report noted that an amendment of the Town's Zoning Bylaws would provide clarity concerning short-term vacation rentals by "eliminat[ing] uncertainty regarding Court rulings and appeals, including enforcement requests and lawsuits brought on a case-by-case basis, and would ensure local control over issues of local concern particular to Nantucket."

While the actual judgment applies only to homes in Nantucket's Residential Old Historic (ROH) district, the argument advanced to support the court's decision appears to cover all residential zoning districts in Nantucket.