Nahant, Mass., STR Rules & Regs (2024) § 10
VARIANCE
Operative Text
The Board of Selectmen, in any particular case and following a public hearing, may vary any
provision of these Rules and Regulations when, in its opinion, any of the following exists:
a) The applicant has proved the same degree of protection of the public health, safety and
welfare can be achieved without strict application of the particular provision or
provisions requested to be modified. Any alternative means of protection shall be
detailed and documented by the applicant to the satisfaction of the Board of
Selectmen;
b) Strict enforcement of a provision would cause undue hardship and manifest injustice; or
c) Such a variance is in the public interest and not inconsistent with the intent or purpose
of Chapter II of the State Sanitary Code or these Rules and Regulations.Section 10 of Nahant's Short-Term Rental Rules and Regulations establishes a formal variance process through which the Board of Selectmen may waive or modify specific requirements on a case-by-case basis. A variance can be granted only after a public hearing and only when one of three conditions is met: an alternative approach achieves equivalent public health and safety protection, strict enforcement would cause undue hardship or manifest injustice, or the variance serves the public interest without conflicting with the State Sanitary Code or the broader regulations. The provision gives the Board discretionary authority, meaning no variance is automatic or guaranteed.
Plain English — not legal advice.
Property owners or managers subject to Nahant's short-term rental framework who believe a particular requirement creates an undue burden or can be met through alternative means may seek relief under Section 10 by petitioning the Board of Selectmen for a variance. Compliant operators pursuing this path typically document their alternative protective measures in detail, demonstrate how one of the three statutory grounds applies to their situation, and participate in the required public hearing. Maintaining thorough records of proposed alternatives and their equivalency to the standard requirements is generally central to a successful variance application.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 10 of Nahant's Short-Term Rental Rules and Regulations gives the Board of Selectmen authority to modify rules for individual short-term rental operators following a public hearing, which means tenants and neighbors have an opportunity to participate in that hearing and make their views known. Because variances can affect health, safety, and welfare protections that apply to rental occupants, tenants may wish to monitor public hearing notices related to properties where they reside or plan to stay. Those with concerns about a granted or pending variance can contact the Board of Selectmen directly or consult a local tenant-rights organization for information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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