[Massplanners] Short term rentals

[Daniel Fortier]

Following up, Styller definitely sets a framework,  but one footnote the
SJC stuck in there still leaves some local interpretation.  The footnote
states that Styller did not establish that STR was a typically accessory
use of single family homes in Lynnfield.

In Dennis, where 10% of all homes (2019 figures) have a STR license from
the Board of Health (20% of all seasonal homes) one could easily argue that
the use is typically accessory. Vested rights would be clearly an issue for
similarly situated towns.

Strongly recommend getting as much information as you can before jumping
in. If another Board licenses rentals, you will need to consider their
overlapping jurisdiction on an issue zoning has been mute on. I had a
private lawyer inquire on behalf of a neighborhood group, ultimately he
felt it would be a tough battle to challenge a BOH license as a Zoning
violation.

Daniel Fortier, AICP
Retired Town Planner


On Wed, Aug 16, 2023, 10:37 AM Pam Kueber via MassPlanners <
massplanners at masscptc.org> wrote:

> 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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