The old Bow Mansion is situated at the end of Ship Street in a quiet neighborhood populated with a variety of home styles, from stately colonials to modern contemporary designs. With views of the harbor and beach access, it is for many the perfect vacation spot. But very limited commercial rental property makes sourcing a place to stay difficult. So the question is, may property owners rent their homes to vacationers in residential districts?
On June 15, the Mattapoisett Zoning Board of Appeals was challenged to either uphold a Cease and Desist Order issued by Director of Inspectional Services Andy Bobola, or rescind it in favor of Caroline Whitney, partner in the Ship Street LLC, registered owners of 2 Ship Street.
After receiving numerous complaints from abutters – complaints that ranged from loud weekend parties, events being held on the property, and an abundance of cars stacked up along the narrow dead end roadway – and questions about the legality of the property being rented out to vacation visitors versus being used by family, Bobola issued the Cease and Desist.
On this night represented by attorney Patricia McArdle, Whitney came before the ZBA to appeal the order.
McArdle explained that the large multi-family structure has been owned by Whitney and her extended family members, the Blakes, since 1953 and had more recently been placed into a limited liability corporation for estate planning purposes.
“Over the years the family has grown,” McArdle said, with more than 30 relatives now involved with the property.
Of the complaints, McArdle said Whitney had a right to rent the house to non-family members and that she had put in place many rental restrictions to ensure peaceful and “respectful” use of the property in deference to the neighbors. She claimed, however, that in spite of Whitney’s best efforts, the neighbors “kept asking for more.”
“It’s harassment of the family,” stated McArtle.
McArdle demonstrated Whitney’s efforts by producing a copy of the rental agreement that stipulates weddings, reunions, and similar events are not permitted. She also produced documents that showed Whitney advising violators that they would not be allowed to rent the property again. She said all care and consideration of the neighborhood had been provided for, including parking restrictions and clean up requirements. Nothing, McArdle indicated, appeased the abutters.
McArdle also explained that the property, listed on many real estate websites with a value nearing $2 million, came with a big tax bill. To offset property taxes, she said the trust rents it out. Real estate taxes are reported as approximately $26,000 per year.
But McArdle also said it was a family home. She said that only five weeks in the summer were rented out. The Whitneys and Blakes use it the rest of the season. But she did agree that such a large home welcomed more visitors than the average dwelling.
“It’s a large multi-family home with eleven bedrooms and two kitchens. It’s a one hundred-year-old home. What if she lived there now and had all her family over? …That wouldn’t be a violation…. She has the right to rent out her home.”
That was the rub, according to Bobola. The town’s bylaw 5.1.2 states what is allowed: Renting of rooms for not more than two (2) persons in a dwelling regularly occupied for residential purposes, provided no signs are displayed. He viewed Whitney’s activity as a violation of that restrictive language.
And while all the neighbors that were present at the meeting confirmed that they knew it was being used as rental property, all were willing to turn a blind eye until the last several years.
Neighbor Daniel Calano, 3 Ship Street, rose to speak. Calano said, “There are new large groups weekly. They arrive on Friday with ten cars or more…. This is not a family and friends property…. It’s a rental property.” He continued, “I’ve had years of discussions with the owner to try and work things out…. She is aggressively marketing to potential renters.”
Whitney’s posting on VRBO, a website for vacation rental properties, lists Bow Mansion this way: Eleven bedrooms for 21 to 27 people … ideal for multiple family occupancy … available for rent May through September. The posting also states: Large festivities or loud noise that interferes with our neighbors’ pleasures, most especially in the evenings is not allowed. It also states that entertainment of large groups of guests must be done elsewhere, no events shall take place at the property, and no party tents or other structures may be erected at the site without approval.
Calano, supported by fellow neighbors, said that a wedding was planned to take place on the property, but that they were not aggrieved over that single event. While they posed no objection to the wedding, Whitney, they claimed, would not agree to discontinue such events in the future for paying customers.
Town Counsel Jonathan Silverstein told the board members, “Any use that isn’t specifically permitted is not allowed. The current use does not meet those uses.” He continued, “The Town doesn’t have to allow any bedrooms to be rented out, but it does allow two bedrooms in owner-occupied homes.”
Hearing no new testimony, Chairman Susan Akin closed public participation and the board weighed the matter.
Board members Maryann Brogan, along with Paul Millott, Norman Lyonnaise, and Akin agreed that Whiney was not in compliance and was, in fact, accepting money in exchange for use of the property and therefore the order should stand. But member Kenneth Pacheco thought otherwise.
“What about all the other houses in town being rented out?” Pacheco wondered. Silverstein responded, “Other homes may be rented illegally, and when Andy finds out he’ll act.”
The vote was cast 4-1 in favor of the Cease and Desist standing.
The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for July 20 at 6:00 pm in the town hall conference room if there are hearings scheduled.
By Marilou Newell