STOCKBRIDGE — As short-term rentals of residential properties become the lodging of choice for travelers as the pandemic winds down, voters are expected to consider adopting the town’s first set of regulations for properties offered to visitors for 31 consecutive days or less.
The goal of the proposed bylaw is to observe health and safety standards aligned with state laws and to balance private, neighborhood and municipal interests.
The bylaw, if adopted, states that residences owned by a corporation other than an LLC cannot be offered for short-term rentals, nor can properties designated as affordable or otherwise income-restricted.
In addition, a short-term rental site is not allowed to host events that include amplified music or tents that normally require a license or permit.
An estimated 100 or more of the town’s 650 full-time residences are active in short-term rentals at any given time through Airbnb, VRBO and other online platforms.
As drafted, the proposed bylaw would not limit the total number of days per year that a property could be offered for short-term rentals.
Among key provisions expected to be reviewed by the Planning Board at an upcoming public hearing and then by annual town meeting voters:
— Annual registration of properties with the town clerk, and a potential registration fee to be set by the Select Board.
— Detailed ownership information, including contacts for members of trusts, LLCs (limited liability corporations) or a booking agent such as a Realtor, as well as a primary local manager who would respond promptly to any problems, complaints or emergencies reported by a guest, town residents or town authorities.
— A copy of the property’s registration certificate as filed with the state Department of Revenue showing compliance with all state and local requirements for health and safety, as well as the state’s sanitary code.
— Installation of smoke and carbon dioxide detectors, and fire extinguishers.
— Proof of service by a septic system or municipal sewer.
— Details on the number of off-street parking spaces at the property.
The number of guests at a short-term rental site would be limited to legal occupancy limits, and violations can be subject to daily fines until corrected.
The bylaw draft also lists restrictions on advertising offering properties exceeding legal occupancy, and it includes provisions on trash removal, including a prohibition on dumpsters.
Enforcement provisions include inspections if complaints are filed by owners or tenants of neighboring properties or by guests. Failure by short-term rental owners to provide current contact information may lead to non-renewal of the annual registration.
The bylaw outlines procedures if fines are imposed, ranging from $100 for a first offense to $300 for three or more, with each day of violations considered as a separate offense.
Short-term rentals are defined as including owner-occupied, tenant-occupied or non-owner occupied properties including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment.
The bylaw would apply if at least one room or unit is rented to an occupant or sub-occupant, with all accommodations reserved in advance. But a private owner-occupied property is considered a single unit if leased or rented as such.
The full text of the bylaw proposal, along with others to be reviewed by voters, is available on the town’s website.
During Select Board discussions last month, member Patrick White stated that no issues are expected with “well-behaved operators” but there are potential issues with “folks who want to use the law to skirt regulations.”
Board member Roxanne McCaffrey pointed out that “truly bad apples” with multiple violations would rack up considerable fines.
And Town Administrator Michael Canales noted that court action could result from nonpayment of fines.
“This is our first attempt at doing something, and we would use our legal and enforcement teams to do as much as we can,” he commented. “But, if somebody wanted to, there are ways around almost anything.”
The Planning Board has set up a remote public hearing for June 1 at 6:30 p.m. to review several proposed zoning revisions, including the short-term rental bylaw. Details are on the town website.
The annual town meeting is June 12 at 10 a.m. at the Town Offices.
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May 23, 2021 at 11:00PM
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Upcoming hearing will allow Stockbridge voters to weigh in on potential short-term rental bylaw - Berkshire Eagle
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