Lanesborough Short-Term Rentals Moratorium Not Allowed
LANESBOROUGH, Mass. — Tensions are still high over short-term rental regulations and a resolution appears to be months away.
According to town counsel, the Select Board cannot impose a moratorium on short-term rental regulations, Select Board Chair Deborah Maynard said during its meeting on Monday.
Maynard also read a segment from the town's website that explains the authority of the Select Board, Zoning Board of Appeals, and building commissioner, in addition to procedural information surrounding short-term rental regulations.
Under state law, the commissioner is the "primary interpreter of the town's zoning by-laws for the public, builders and other town officials."
"The Building Commissioner has determined that Lanesborough's bylaws do not allow the operation of short-term rentals as an accessory use from a single-family home," the announcement said.
"Building Inspectors are required by law to provide notices of violations of the zoning bylaws if and as they are made known to them."
Additionally, the Select Board does not have the authority to overturn the building inspector, Zoning Board, or Land Court's ruling and cannot suspend zoning fines issued under state law.
"Town counsel does not provide advice that would supersede a Building Commissioner's local determination," opinion said.
Board members acknowledged the strained environment created by the oversight on how the short-term rental bylaw was established.
At the June 2024 town meeting, voters approved new taxes and fees on short-term rentals, which are stays of less than 30 days. These include:
- A local excise tax of up to 6 percent on total rent for each stay at bed and breakfasts, hotel lodging houses, short-term rentals, or motels
- A 3 percent impact fee on "professionally managed" short-term rentals
- A 3 percent impact fee on short-term rentals in two- or three-family dwellings
Although the need for regulations was mentioned during some meetings, none were promulgated, and voters were presented with options for taxing short-term rentals but not for regulating them.
Some residents have short-term rentals, flying under the radar, despite the town not having approved zoning regulations to ensure safety and preserve the character of the town.
"The town didn't do its due diligence to come up with the zoning bylaws, and I think that the residents now are paying a price for this. I think we want to be a business-friendly town, and because of this, we're not using our discretion when it comes to this stuff," board member Jason Breault said.
"At the end of the day, I think a little more discretion could have been made when it came to these decisions. Like I said, we didn't do our due diligence to come up with the bylaws. So now businesses have to pay the price."
During public comment, a couple of residents spoke out in support of Second Drop Farm, urging for the repeal of its cease-and-desist for its short-term rentals and to take action to update the bylaws.
Resident Judy Clayton said, in speaking with Planning Board member Scott Graves, who voted to dismiss the cease and desist, someone with the state confirmed a building inspector does have the right to use discretion.
She said, there are four "very negative consequences" to the board decision: it is causing unnecessary harm to a family; continues a narrative that Lanesborough is a difficult place to do business and that the town is managed in an inconsistent, inefficient and sometimes abrasive manner; in addition to it being very disruptive to the town.
"It was not necessary to go down this path, and it isn't necessary to stay on it," Clayton said.
Resident Darlene Newton said short-term rentals is one of the ways agricultural entities have to diversify to have a living income.
"Lanesborough needs to keep small businesses in this town, especially agriculture," she said.
Board member Michael Murphy said his only frustration with the situation is that the regulations, for both the sign bylaw and short-term rentals, where not adequately written by previous board members.
The sign bylaw is very brief, and the regulations for short-term rentals don't exist, he said.
Planning Board member Leanne Yinger tried to have the board draft short-term rental regulations in 2023, but nothing happened, Murphy said.
"The Planning Board is now just starting to do it, to their credit," he said. More on the Planning Board's efforts here.
Following this, an audience member said "We want solutions. We don't want to blame people. We want solutions today."
"I appreciate that comment. But the reason we're being blamed today is because of some of the work that was or was not done in the past, and I'm tired of carrying that weight from people who should have made these decisions for you and for me before today," Murphy said.
Following the last couple of heated Zoning Board of Appeals meetings, a couple residents also spoke out about the conduct of its chair, Mark Siegars.
Paula Messana, owner of Inspired Creations gift shop on Main Street, spoke about her experience at recent ZBA meetings.
She provided her perspective on what it was like speaking at the board meeting where Lanesborough Local Country Store's appeal was denied and it was determined the signage on its vintage pickup truck is a zoning violation
The nearly 40-minute discussion navigated the intention of the sign bylaw and whether the display on the truck was a violation, with short bursts of yelling in between.
"Siegar has created an unhealthy atmosphere and had everyone in the room on edge," Messana said.
Although present, she did not speak during the intense ZBA meeting, where the board voted to uphold the building inspector's cease-and-desist order for rooms rentals at Second Drop Farm. However, she expressed her belief that Siegar dismissed the applicant's attorney several times "rudely," "unprofessionally," and "arrogantly."
Following her recount, she requested that attendees who agree with her statements stand. A few individuals rose, but it is unclear how many in the video recording. However, an applause can be heard following her comments.
Rebecca Belmont echoed Messana's remarks, saying the way Siegars is conducting meetings is a reoccurring pattern of people being met with sharp, dismissive or condescending treatment.
"I've also spent years in other communities and seen how local governments can build either trust or slowly erode it …This is not about a single decision. It's about his tone, his lack of respect, and whether residents feel safe coming here to participate in their own town's government," she said.
The chair sets the tone for the meeting and, under basic principles of fair process and parliamentary procedure, should remain neutral, measured and respectful, especially when residents are speaking too, Belmont said.
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