To the Editor;
The following is the first phase of comments to the proposed Short-Term Rental (STR) Properties Bylaw that I submitted to the Marion Planning Board on February 18:
First, I want to state up front that these comments are mine as a concerned resident of Marion and are not intended to represent any Board or Committee that I may be a part of. Second my comments are in two phases; the first phase are general comments that I consider more overarching and significant comments, and the second phase goes through the document item by item with more specific comments, if I have them, that need resolution.
General Comments:
As presented, this draft STR bylaw is a copy, with a few interesting deletions, of Fairhaven’s document. It shows no research and input of good ideas from any other Town’s bylaws. For example: Falmouth, West Tisbury, Plymouth, Cambridge, and Yarmouth all have bylaws that for the most part are shorter, more succinct, and clearer than this draft.
There is no documented justification for proposing that STRs are by-right in almost all zones in Marion. Currently Marion bylaws only allow conversion to two dwelling units (accessory apartment) with the consent of Zoning Board of Appeals and the use as a B&B either with Planning Board Approval or Zoning Board of Appeals approval. STRs are essentially no different than a motel or hotel which are commercial uses. Commercial uses are non-conforming uses in a Residentially zoned area. Section 230-6.1.B specifies that non-conforming uses require a Special Permit from the Zoning Board of Appeals. There is nothing in this document that discusses or justifies the topic of Commercial uses in a Residential zone; especially by-right. Town residents deserve supporting documentation that justifies this significant deviation.
Likewise, there is no documented justification for eliminating a cap on the number of STRs in Marion or for not limiting the number of STRs under one ownership. These two deletions have no substantiated justification. Again, Town residents deserve supporting documentation that justifies these apparent arbitrary decisions.
The state requirement that STR operators shall maintain liability insurance in the amount of $1,000,000 to cover the STR use should be included.
Rental duration is not addressed. Hourly rentals should be prohibited and there should be consideration of a minimum rental of 2 consecutive nights.
A lot of discussion has addressed families that let relatives and friends use their property sometime during the summer. There should be a discussion about possibly exempting properties that are rented less than 21 days per calendar year.
There is no discussion with respect to pets.
And last, everyone should know that Town Counsel has opined that because there is no existing Marion bylaw allowing STRs; there are no legal STRs in Marion.
Norman Hills, Marion
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