[Massplanners] Short term rentals

Pam Kueber pkueber at gmail.com
Wed Aug 16 11:36:16 EDT 2023


What Jeff said. Plus: Not sure what your current zoning says about STRs,
but this case from the Supreme Judicial Court in 2021 was an important
milestone in the STR issue in Mass. :

article:
https://www.natlawreview.com/article/breaking-mass-sjc-rules-compatibility-short-term-rentals-single-family-zoning

case:
https://www.massdirtlaw.com/wp-content/uploads/2021/06/Styller-v.-Zoning-Board-of-Appeals-of-Lynnfield.pdf

Pam Kueber
Lenox Planning Board

On Wed, Aug 16, 2023 at 10:18 AM Jeff Lacy via MassPlanners <
massplanners at masscptc.org> wrote:

> Chris:
> Assuming bylaw is zoning. The question to ask is: are the existing
> short-term rentals “lawful?” If so, and the bylaw inhibits them in some
> way, they would then become lawfully non conforming, may continue, but are
> subject to Chapter 40A, Section 6 if any expansions, reconstructions,
> alterations, etc. But, if not now lawful, they must come into full
> compliance with the new bylaw.
> Jeff Lacy
> Rural Planning Associates
> (413) 230-9693
>
> Sent from my iPhone
>
> On Aug 16, 2023, at 10:04 AM, Chris Skelly via MassPlanners <
> massplanners at masscptc.org> wrote:
>
> 
>
> At a planning board meeting, the topic of short-term rentals was
> discussed.  The following question was raised:  If a new bylaw is passed
> that limits short term rentals by size and zoning district, will the
> currently operating short-term rentals be non-conforming uses?  In other
> words, can they remain a short-term rental use so long as they do not
> abandon the use and are properly inspected and permitted for health and
> safety?  The question was being sent to town counsel but curious what the
> insight is here.
>
> *Chris Skelly*
> *Skelly Preservation Services*
> Community Planning and Preservation
> www.skellypreservationservices.com
> ccskelly12 at gmail.com
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