Pittsfield Council OKs Short-Term Rental Regulations

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The city has created regulations for short-term rentals, allowing them for 150 days of the year. 

Last week, the City Council approved a zoning amendment that allows the operation of short-term rentals and a licensing process. Popular STR companies such as Airbnb and Vrbo provide a marketplace for units that are rented for 30 consecutive days or less. 

"If you complain about a short-term rental, right now, there is no ordinance, so if you make a zoning complaint, the zoning enforcement officer, our building commissioner, will say, 'There's no ordinance. I can't do anything about this complaint.' He'll drive out to the property, look at the house, say, 'Hey, that's a house. Is it a short-term rental? I don't know. We don't know. We don't have any definition of what a short-term rental is,'" City Planner Kevin Rayner explained. 

The complaint would then end up at the Zoning Board of Appeals, where they are "put in a tricky situation," he said, because the city was without formal guidance. 

The ordinance gives a definition for short-term rentals and related terms, creates a process for licensing, and provides a standard for the enforcement of any issues. The City Council sent it to the Ordinances and Rules subcommittee, which added a special permit criterion for additional STR units allowed if the original is owner-occupied. 

"Other than that, the petition is largely unchanged from the last time the council has heard it," Rayner said. 

Ward 2 Councilor Brittany Noto recognized the need for this, "because right now we have sort of this black hole of deregulated activity happening," she said.  

Noto had questions about the enforcement of a 150-day cap for rentals, and it was reported that the city will rely on some good-faith reporting and attention from several different departments. 

Rayner said there will be dual enforcement, with zoning handled by the building commission and the licensing handled by police, fire, health, and building departments, who would then hand enforcement action to the licensing board. 

"The idea here is that there's a lot of different evidence that can go into whether a short-term rental is out of line or not," he said. 


"And it's kind of not hard evidence that you can prove, but all these factors go into the Licensing Board's determination that the short-term rental is acting out of order and needs to have their license suspended or restricted." 

Noto also had concerns about state tenant laws, in which it takes seven consecutive nights of sleep in place to create a tenancy, overriding local ordinance. 

Councilor at Large Alisa Costa cited a recent study from the University of Massachusetts' Donahue Institute that showed that since 2004, 23 percent of Pittsfield home sales have been to investors. She said, "Not all investment is negative," but housing is a critical issue for the city. 

"We have a huge shortage of housing in Berkshire County and across the region, even as our population is declining, because we have many more households than we used to have," she said. 

"So we need a lot more housing, and we should be concerned about this, and we should keep track of it." 

Costa observed that it doesn't take an STR operator in Berkshire County as long to earn the equivalent of a month's expenses as it would in other parts of the state. 

Ward 6 Councilor Dina Lampiasi said she unsuccessfully proposed a 90-day cap at O&R.

"As we're talking about the camping ban ordinance, which is tied to so many other social problems that we have in the city that are actually national problems, we have a very real issue of housing, and this is not helping our housing," she said. 

"I'm concerned about it, and I would like for us to have a lower threshold there." 

She again unsuccessfully motioned to change it to 90 days, but said, "I see no reason not to support it, and I think it's an indicator of how invested we are in addressing the systemic problems here in our city."


Tags: ordinances,   short-term rentals,   

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Pittsfield Subcommittee Considers E-Bike Safety

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — Some city councilors want to explore ways to encourage safe e-bike use. 

On Monday, the Ordinances and Rules Subcommittee discussed the request by Councilor At Large Kathy Amuso and Ward 3 Councilor Matthew Wrinn to increase enforcement of bicycle and e-bike use on Pittsfield streets, install signage in high-traffic areas, and launch an educational program for kids. 

Amuso has received reports of kids riding motorized bikes at 15 to 20 mph on the sidewalk while people are trying to back out of their driveways, and she fears someone might get hurt.  

She said that if they could start with some basics, such as riding with traffic in bike lanes and requiring operators under 16 to wear helmets, it would address most of the calls. 

"Do I think we need to put 10 police on trying to find e-bikes throughout the city? I don't," she said. "But there are enough calls that I'm getting, and other councilors are getting, that we have to say, ‘OK, what can we do?’ And we have a lot of bike lanes in Pittsfield, and the e-bikes and all bikes should be in the bike lanes, not on the sidewalk."

The petition was tabled so that the Department of Public Works can study it and gather further information.  

In Massachusetts, an e-bike with a top speed of 20 mph and a motor of 750 watts or less is classified as a traditional bicycle. State law defines two e-bike classes: 

  • "Class 1 electric bicycle" is defined as having a motor of 750 watts or less that provides assistance only when the rider is pedaling and ceases to assist when the bicycle reaches 20 mph.
     
  • "Class 2 electric bicycle" is defined as having a motor of 750 watts or less that may be used exclusively to propel the bicycle and is not capable of assisting when the bicycle reaches 20 mph.

Riders 16 years or younger must wear a helmet by law.  

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