The Marion Planning Board met Monday night for an extensive and detailed public hearing on the proposed Short-Term Rental Properties Bylaw, its draft, and to go over changes to it – among a few other action items. In the audience were two Select Board members, Chairman Norm Hills and Randy Parker.
The first item was that of Vivian Shelton’s property at 371 Delano Road and the request for approval to split the property into two lots. Planning Board Chairman Andrew Daniel said the Board could not stop the owner from splitting the property, though both lots must still be compliant. As in, both lots need grinder pumps and proper sewage systems. There is also potential for issues with lot lines and building distance from borders, per Daniel. Board member W. Dale Jones, referring to the need for separate sewage systems, saying, “make sure they are safe – if one fails, both are in trouble.”
The second and third hearings were for the same property, 163 Front Street, and another lot split. Sisters Aimee Bean and Molly Lombard want to divide the property to accommodate both of their massage therapy offices. They have been located in Mattapoisett for around 10 years, Lombard said, and are making the move to Marion. They have the endorsement from their landlord and seek the split due to their separate business and clients. The Special Permit request was approved unanimously.
Finally, there was the public hearing on the Short-Term Rental Properties Bylaw. The process for the creation of this bylaw has been about a year, the chairman explained, with the insistence it is warranted due to there currently being no town-based regulation for short-term rentals.
The discussion saw the board systematically go through the current draft, revised in February, and detail possible changes and problems highlighted by various sources. It was initially stated the difference in short-term rentals (STR) and long-term rentals (LTR) must be clarified. Massachusetts state law was cited with a STR being less than 30 concurrent days and no lease agreement. After the discussion on comments given to the board began and comments on draft changes had started, public questioning began.
First, public comments aired with many in the audience saying comments to each other rather than the Planning Board. The first commentor expressed worry of the new regulations and possible limitations and hurdles for STR’s.
“You have a set of rules, and you have to judge everyone by the same rules,” said Hills, referring to a need to judge all businesses by the same laws.
Another member of the public stated, “a short-term rental is a business, so what you’re doing is putting a business in a residential zone and no one would allow a motel or a hotel to be in a residential zone.”
The owners of 16 Inland Road again said they felt it unfair that they have run a STR in this town and problems and complaints had “never come up.” The owner stated the changes are due to Airbnb being “demonized.” The owner also said the comparison of Airbnb’s and motel/hotels is unsubstantiated.
“You are allowed to have small businesses in your home,” one of the owners said. She also cited their adherence to current law and the paying of their taxes. Daniel added “short-term rentals have been a part of Marion history for decades and decades. We have a lot of them. They are all in residential areas.” He continued, “they have to apply, and they have to have regulations,” also mentioning inspections and property safety.
Marilyn Whalley of Piney Point brought up the cost of living and expense of home ownership. She said, “people who lived here quite a while are looking for more affordable homes,” and she mentioned locals looking to downsize due to rising costs. She continued, “what I’m finding with Airbnb – is that it’s gotten so blown up that it’s taking away a lot of units that could be long-term housing.” She would later stress the need for more housing for both local workers and the elderly and said an increase in STR would “have an effect on people not being able to live here.”
In terms of a limitation on the number of STR properties in Marion, the amount of 10% or another possible agreed-upon percentage of homes was discussed, though it was difficult for the board to quantify due to there being no definite number to the properties offered as STR at the current time.
Parker added from the audience that there are currently 69 Marion properties listed on Airbnb, though Daniel said there are possibly many more offered elsewhere, meaning the number is likely already over 10%. Hills mentioned independent research agencies that can analyze and determine exactly how many, though Daniel argued a STR registration would make that unnecessary. Planning Board member Tucker Burr interrupted the long discussion on the number of STR’s by saying the exact number is arbitrary, though the “feel” and “culture” of the town must be preserved.
To limit the number of STR’s in town, along with registration, Daniel also spoke about the possibility of a lottery system. It was also brought up that the Town of Marion has no noise-ordinance bylaw, so the inclusion of anything like that in the STR bylaw would be awkward and hard to enforce.
Town Planner Doug Guey-Lee said the STR Bylaw is about “a draft or two away from approving,” citing the many changes and revisions still to come. The deadline for the submission of the bylaw to Town Counsel is March 14, with the Planning Board planning on meeting with the Select Board at its next meeting to go over draft changes. The process for the adoption of this bylaw is approval by the Planning Board, then the Select Board, to Town Counsel and finally a vote by Marion residents at the Annual Town Meeting on May 12.
Parker noted Town Counsel’s normally lengthy process for approval and the need to deliver a complete bylaw, rather than doing it draft by draft with major alterations.
The general discussion and arguments are not unlike that currently taking place across coastal New England, the United States, and internationally. There are globally over 5,000,000 hosts and currently over 2,250,000 Airbnb’s offered in the United States. Nearby, Boston has recently limited the number of days a property can be rented as a STR.
The public hearing was continued to the next Planning Board meeting on Monday, March 17, at 7:00 pm at the Marion Police Department conference room.
Marion Planning Board
By Sam Bishop