NORTH ADAMS, Mass. — The City Council has kicked a proposed short-term rental ordinance back to General Government on Tuesday. 

 

"Now that we've actually had public hearings, we heard from people, we've heard their arguments. We've heard different sides and we've also heard back from the Planning Board," said Councilor Keith Bona. "So I think it's time for the council to take that and reassess it. ...

 

"I don't think it's done at this point."

 

The ordinance has been under discussion for nearly two years and has had two public hearings. The Planning Board last week passed it with language changes that were not completely clear. 

 

Several councilors said the ordinance seemed too lengthy and confusing, and was repetitive in places. Councilor Marie T. Harpin noted it was six pages and difficult to read and Councilor Bryan Sapienza called it "confusing and wordy."

 

"I don't think this is written in a way that helps anybody," said Councilor Ashley Shade, asking if there were limits to how many units within the city. "I think it's confusing. I think it also leaves out some important details that need to be addressed as well."

 

 She thought there should be a safeguards to prevent the loss of long-term housing.

 

Harpin agreed it should be reviewed, noting there were new councilors who could offer different perspectives on the issue. 

 

Councilor Jennifer Barbeau questioned the need for the ordinance if it was already in the building code.

 

"We would be creating an ordinance for something that's already in place, and we would be the only city in Massachusetts that I can find anywhere enforcing that building code ordinance with regard to short-term rentals," she said. 

 

Building Inspector William Meranti said he's been in a position to advise people not to run short-term rentals because of the building code, which does not allow transient rentals in R1 districts. The ordinance would provide a way for property owners to do so by registering with the city and having their units inspected. 

 

"I don't think it's too much to ask but somebody who's doing a short-term rental ... to have a certificate of compliance done on your apartment on your unit whatever it may be ... ," he said. "That's pretty simple for the city to go in there, do this once a year to make sure you meet the minimum standard of life safety, and then you move on."

 

The ordinance would allow the creation of a registry of units, he added, "there's not really a way to enforce the building code if we don't know where they are."

 

Bona said the main driver in developing the ordinance had been safety issues. He recalled a fatal apartment fire 40 years ago on State Street that had prompted then Mayor John Barrett III to push for fire alarms in such buildings. 

 

"I think if that can happen with an apartment, it can happen with a short-term rental and do we want that to be a headline," he said. Bona also noted that the city could be held liable, which Meranti agreed could be possible if the city knew about the situation but didn't take action. 

 

"I think that it's not too much to ask, I think that it's minimum safety is all we're looking for," Meranti said. "A certificate of compliance doesn't tell you that you have a fantastic apartment, it tells me that you have one that meets the minimum standard that we set forth ... and there are still going to be many owner-occupied short-term rentals that the building code does not disallow."

 

Council President Lisa Blackmer said the ordinance had been reviewed by counsel and suggested it be edited not significantly revised.