ZBA continues 32 Monomoy short-term rental enforcement appeal while town counsel reviews litigation posture

Neighbors represented by Anderson & Kreiger urged the ZBA to overturn the building commissioner's denial of enforcement for 32 Monomoy Road, arguing the house is used year'round as a short'term rental (no resident on site) and therefore is not an allowed principal use in a residential zone following the recent Ward v. Town of Nantucket court analysis.

Kristin Gugales, attorney for the abutters, told the board that the property has been made available for rent 365 days a year and that earlier litigation and admissions in the record showed no one has resided there since the owner purchased the property in 2015. Jeff McDermott, one of the abutters and appellants, described ongoing neighborhood problems including noise and trash and said the property is effectively commercial in use.

Town staff informed the board that the town is a party to related litigation and that Town Counsel (not present) had been involved; staff recommended obtaining the town's legal position before the ZBA issues a decision that could conflict with ongoing court proceedings. Given the involvement of Town Counsel and the pending land court status, the board voted to continue the appeal to its March 13 meeting to allow counsel to advise the board and to align with the related litigation schedule. Staff noted the ZBA action deadline for this appeal falls on April 3.

The continuance preserves the abutters' appeal while allowing the town's legal team to advise the board on the best procedural path forward in light of the related Ward litigation.