Nantucket's Environmental Advocate

At this September’s Special Town Meeting, the Nantucket Land and Water Council once more encouraged Nantucket residents to vote for the environment by following its recommendations on many of the articles. This year’s Special Town Meeting saw debates continue over matters including short-term rentals (STRs) and zoning changes. The NLWC is pleased to report that nearly all of its recommendations were seen to fruition by Nantucket voters. In the STR world, voters faced multiple competing proposals to regulate short-term rentals. Article 1, supported by the Select Board, aimed to legalize short-term rentals in all residential districts with limited restrictions. However, concerns about workarounds for the restrictions it did propose and ongoing investor incentives led to its defeat, with 472 votes against and 416 in favor. While the article proposed to impose a limit of one STR per person, an individual would still have the ability to set up any number of other legal entities (in the form of LLCs, trusts, etc) on their own or in partnership with others with each as the owner of separate STRs. As a result, this important provision would not have held water. Article 2, proposed by Charity Benz and Nantucket Neighborhoods First (NNF), took a more restrictive approach, allowing short-term rentals only as an Accessory Use, requiring property owners to live in their homes more than they rent them. Nantucket Waterkeeper RJ Turcotte read a statement by NLWC president Lucy Leske in support of this article. While Article 2 didn’t pass, it gained significant support, receiving 478 votes in favor and 394 opposed, exceeding 55% approval but falling short of the two-thirds majority needed. The strong backing for Article 2 reflects growing concern over the impact of short-term rentals on Nantucket’s environment and community. Article 5, which the Nantucket Land and Water Council (NLWC) supported, was successfully passed. This amendment clarified and strengthened restrictions against corporate ownership of STRs. Zoning changes which would have resulted in significant subdivision potential, as well as proposals for Town Sewer were also proposed in Articles 11,12,13 and 14 which affected 44 Skyline Drive, and 13/13A Woodland Ave. These changes were not supported by the NLWC because of the significant change in density they would have facilitated in addition to concerns around surrounding infrastructure impacts. The proponents of the articles presented all of them at Town Meeting as key elements in larger plans for affordable housing developments. However, the proponents of the articles did not clearly present their plans for the properties in advance of Town Meeting leaving many questions. This uncertainty and the degree of density proposed for these locations resulted in strong defeat across the board. Town Meeting also voted strongly in favor of Article 16 which once again proposed to implement specific changes to the constitution of the Nantucket Planning & Economic Development Commission with the intention of creating a more dynamic and diverse planning commission to help the island navigate many of the bigger picture challenges we are facing. Many thanks to all of our residents who came out to the Special Town Meeting to engage in these discussions and to vote!

Dear Members and Friends, As you likely know, Nantucket’s 2024 Special Town Meeting is being held this coming Tuesday, September 17th at 5:00pm in the Nantucket High School Auditorium . If you are a Nantucket registered voter, we are writing to ask that you join us on Tuesday and help us vote for the future health of Nantucket’s environment and community . The Nantucket Land & Water Council’s 2024 STM Recommendations can be found on our website (HERE) and will be available in paper form at the entrance to Town Meeting. The Nantucket Land and Water Council (NLWC) has been working to preserve the health of Nantucket’s environment and community through the protection of our land and water resources since 1974. We accomplish this through research, education and advocacy. We are and have been the island’s trusted environmental advocate for over 50 years. Today we are writing to provide you with our position and recommendations for Tuesday’s Special Town Meeting in regard to the Short-Term Rental articles. The NLWC has observed that the rise of the commercial short-term rental (STR) industry contributes to and incentivizes an intense (re)development of properties on Nantucket designed to deliver the highest rate of return. This is often accomplished by maximizing properties with buildings, bedrooms and amenities intended to meet the expectations of prospective occupants. This decreases open space and habitat in neighborhoods, escalates the intensity of use, and puts increasing pressure on the island’s resources jeopardizing the health of our drinking water, ponds and harbors, and our shared infrastructure such as solid waste and storm-water management, water and sewer. While this type of development and the intensity of use that it facilitates will certainly maximize the return on an investment, it comes at a severe cost to our island. The Nantucket Land & Water Council is not opposed to all STRs. We support regulation that is consistent with Nantucket’s local tradition of residents renting their homes. NLWC opposes STRs for purely commercial or investment purposes. Our priority is to eliminate or reduce the pressure and incentive to turn our limited resource of homes into businesses that profit individuals and/or corporate entities while at the same time cumulatively harming the long-term health of our environment and community. This year’s Special Town Meeting Warrant contains several articles relevant to Short-Term Rental regulations. NLWC recommends a YES Vote on Article 2 as it upholds Nantucket year round and seasonal residents’ ability to short term rent their homes while limiting existing and disincentivizing new investor ownership of STRs. The other articles will not accomplish this priority. The NLWC has worked with the proponent of Article 2 on a Positive Motion (as Article 2 was not supported by the Planning Board or Finance Committee), to be presented on the floor of Town Meeting. The NLWC supports this Article 2 Positive Motion as presented HERE which makes several amendments to the original article simplifying its provisions and accomplishing the following goals: Allow short term rentals as an Accessory Use to the Principal Use of a property as a residence. It also clarifies Accessory Use of STRs as simply renting a property for at least one day less than it is used as a residence. Require owners or their immediate family members to utilize the property for at least 30 days (need not be consecutive) in a calendar year. Allow for the short term rental of only one property per owner at a time and only one dwelling on the property at a time. This article has been reviewed by the Town Moderator and approved as “within the scope” of the original article. As drafted these provisions will support and clarify the language that currently exists in our Zoning Bylaw, and will allow the use of short term rentals year round while reducing investor incentives and intensity of use. The NLWC does not support Articles 1, 3 or 4 (see comments in NLWC Recommendations below). While Article 1 appears to limit the number of STRs that a person can have, it establishes a clear loophole for a person to set up multiple different legal entities to own and utilize multiple properties as STRs. It does not require the property to ever be used as a residence by the owner, and the limits on STRs for new owners are not enough to disincentivize investor ownership. The NLWC recommends a NO Vote on Article 1. Nantucket has come to measure economic success in terms of each year being bigger and better than the last. This type of growth is not sustainable and it is critical that we implement measures to manage our growth in a way that ensures a viable future for the island we all love. If maintaining a healthy environment, community and quality of life on Nantucket is important to you, please join us and attend the Special Town Meeting on September 17th and Vote YES for the Positive Motion on Article 2. Your vote is extremely important and your vote matters. Many articles have been decided on fewer than 10 votes and some by a single vote. Please encourage your family and friends to attend and vote too! – Emily Molden and All of Us at NLWC

2024 Special Town Meeting – Tuesday, September 17th at 5:00 PM Nantucket High School Auditorium Nantucket’s community depends on the vitality of its sustainable natural resources. Vote Environment First >

The Nantucket Land & Water Council supports alternative energy and recognizes the potential benefits of offshore wind projects to mitigate our carbon footprint as well as Read More The post Vineyard Wind – NLWC Position appeared first on Nantucket Land & Water Council.

We are currently looking for volunteers to help us at the Brant Point Hatchery to process eelgrass reproductive shoots for the summer. No skill or Read More The post Eelgrass Restoration Volunteer Opportunity appeared first on Nantucket Land & Water Council.

The NLWC has observed that the rise of the commercial short-term rental (STR) industry contributes to and incentivizes an intense (re)development of properties on Nantucket designed to deliver the highest rate of return. This is often accomplished by maximizing properties with buildings, bedrooms and amenities intended to meet the expectations of prospective occupants. This decreases open space and habitat in neighborhoods, escalates the intensity of use, and puts increasing pressure on the island’s resources jeopardizing the health of our drinking water, ponds and harbors, and our shared infrastructure such as solid waste and storm-water management, water and sewer. Article 59 is identical to the previously-defeated Article 42 at the 2022 ATM and Article 2 at the 2023 STM. This article MUST BE DEFEATED because it would legalize unlimited commercial STRs as a primary use for houses in all our residential districts across the island. If this right is granted under zoning it cannot be taken away and could open up the floodgates for STR investment. Allowing commercial STRs in residential districts would have long-term adverse, and potentially irreversible impacts on our environment and the health of our community. Moreover, recent court rulings have confirmed that STRs are a commercial use that is not legal in residential districts. NLWC supports allowing STRs as an accessory use in residential districts protecting residents’ ability to rent their homes so long as they are using it primarily as a residence. NLWC would support balanced By-Law proposals that reasonably limit STRs to Nantucket residents, ensure effective regulation by our Town government, and are consistent with our local traditions. NLWC opposes STRs for commercial or investment purposes. The commercial short-term rental industry, if unchecked, threatens to irreparably harm our Island’s environment and therefore our community’s vitality, health and quality of life. Obviously, this is an outcome that we all want to prevent. If maintaining a healthy environment, community and quality of life on Nantucketis important to you, please attend Town Meeting and vote a resounding NO on Article 59.

Nantucket’s community depends on the vitality of its sustainable natural resources. 2024 Annual Town Meeting Tuesday, May 7th at 5:00 PM Nantucket High School Auditorium VOTE ENVIRONMENT FIRST The Nantucket Land & Water Council has reviewed the Warrant for the May 7th 2024, Annual Town Meeting and offers the following recommendations on articles which could affect the island’s unique and valuable natural resources and quality of life. For more information on the Annual Town Meeting and for a copy of the Warrant and relevant maps, please visit the Town website HERE . Article 42 NO Zoning Bylaw Amendment: Flex Development – Open Space Protection This proposed amendment is unclear as drafted and could be interpreted to allow the Planning Board to waive the permanent restriction to protect open space that is intended in the Bylaw. Read more information on Article 42 by clicking here Watch NLWC Executive Director speak about Article 42 at the Nantucket Civic League’s Meet the Articles on April 6, 2024. Time Stamp: 46:07 through 51:27 Article 43 NO Zoning Bylaw Amendment: Rear Lot Subdivision This amendment would enable the Planning Board to grant a Special Permit for a Rear Lot Subdivision without having to formally endorse an Approval Not Required subdivision plan. It unreasonably eliminates an important regulatory check which has always been a prerequisite for this type of subdivision. Article 45 YES Zoning Bylaw Amendment: Moorlands Management District (MMD) Pool Prohibition This article would prohibit pools and outdoor residential recreational water features from the MMD, which are currently allowed by Special Permit. This district was created in the 1980’s to protect and preserve the scenic and ecological integrity of the moorlands in the Smooth Hummocks and Head of the Plains areas. Pools are inconsistent with the underlying purpose of the fragile MMD. Read more information on Article 45 by clicking here. Article 50 YES Zoning Map Change: Open Space Parcels – Various This article appropriately changes the zoning of several open space properties, increasing the minimum lot size to the greatest extent possible within the respective Town or Country Overlay District. Article 53 NO Zoning Map Change: LUG-2 to R-20 – 25 Rugged Road This unusual zoning change for only a portion of a single lot, would create a new market rate lot where zoning does not currently permit one, by decreasing minimum lot size from 80,000 sq ft to 20,000 sq ft. This change would also require an isolated conversion of Country District into Town District, contrary to the Master Plan designation. Alternatively, this lot is currently eligible for the creation of secondary and tertiary residential lots through the covenant program, which would be disincentivized if this article is passed. Article 59 NO Zoning Bylaw Amendment: Definitions and Word Usage/Residential Rental Use This article is identical to the previously-defeated Article 42 at the 2022 ATM and Article 2 at the 2023 STM. This Article should be defeated again because it would legalize unlimited commercial STRs as a primary use for houses in all of our residential districts across the island. Once this right is granted under zoning it cannot be taken away. The proliferation of commercial STRs in residential districts threatens the island’s natural resources and infrastructure. Moreover, recent court rulings have confirmed that STRs are a commercial use that is not legal in residential districts. NLWC supports allowing STRs as an accessory use in residential districts. This would ensure all Nantucket residents have the ability to short-term rent their homes so long as they are using their home primarily as a residence. This would prevent commercial/investor-owned STRs in residential neighborhoods. Please vote NO on Article 59. Read more information on Article 59 by clicking here. Article 60 NO General Bylaw Amendment: Definitions and Word Usage/Residential Rental Use The Fin Com recommendation for this article is purported to be a compromise. But it does not advance balanced limitations on STRs that will protect our Island from increased intensity of use and measurable impact on our natural resources and infrastructure. Nor does it limit STRs to Nantucket residents, but instead contains large loopholes (referring to “other legal entities”) for STRs for commercial purposes owned by corporations and outside investors. It even tries to acknowledge all existing commercial STRs as lawful even though recent court rulings have held they are not (see Section K and “Continue to permit the operation of STRs…”). Finally, it attempts to regulate use and ownership of properties through a General Bylaw provision when such limitations can lawfully be addressed only through a Zoning Bylaw provision. This Article should be defeated. Article 61 & 62 NO General Bylaw Amendment: Short-Term Rentals Articles 61 & 62 contain the same loopholes permitting new commercial STRs owned by corporations and outside investors. They suggest incorrectly that the operation of STRs as a primary use in all our residential districts is currently legal under zoning (including the stated purpose and intent to “Continue to permit the operation of STRs…”). It is not. These articles also attempt to regulate the use and ownership of properties through a General Bylaw provision when such limitations can lawfully be addressed only through a Zoning Bylaw provision. Article 61 would enable any structure that has received a Certificate of Occupancy to operate as an STR in the future, which has the potential to dramatically increase the number of full time commercial STRs across residential districts on Nantucket. Article 62 attempts to limit ownership of STRs to 2 units per natural person, which will not impose enough of a limitation on the creation of new STRs as an investment. These Articles should both be defeated. Article 67 & 69 YES Home Rule Petition and Bylaw: Coastal Resilience District These articles would enable the Town to create Coastal Resilience Districts to support ongoing efforts towards coastal resiliency. This important tool will significantly increase the Town’s capacity to implement and accomplish the goals and objectives of our Coastal Resilience Plan. Article 68 NO Real Estate: Lease/License of Baxter Road Property for Erosion Control This article as drafted is unnecessarily vague and open-ended. It would issue a blank check for the beach to be utilized for construction of any coastal engineering structures on Sconset Beach forever into the future. It has no time frame, no limits on the type of structures, or their location, undermining the intent of Chapter 67-1E, which requires a Town Meeting vote to authorize the duration, location, and type of structures on Town owned land. Read more information on Article 68 by clicking here. Watch NLWC Executive Director speak about Article 68 at the Nantucket Civic League’s Meet the Articles on April 6, 2024. Time Stamp: 29:58 through 35:00 Article 72 NO Bylaw Amendment: Repeal Chapter 141: Stretch Energy Code This article would eliminate important local legislation that requires building with higher energy efficiency and savings than our Building Code. Nantucket should be improving energy efficiency, not reducing it. Article 74 YES No Town Funds: Surfside Crossing We support this article based on the significance and history of this project. If there is an opportunity for the Town to participate in a meaningful way that benefits the public, it can be brought to Town Meeting in the future. Article 79 YES Home Rule Petition: Community Housing Bank Real Estate Transfer Fee This article will create a funding source for affordable housing similar to the Land Bank fee structure. Article 83 YES Home Rule Petition: An Act Regulating the Application of Fertilizer NLWC supports the intent of this article allowing Nantucket to amend and improve existing fertilizer regulations. We continue to advocate for and support education, implementation and enforcement of the existing regulations.