Barnstable Homeowner Group Drafts Short-Term Rental Regulations

BARNSTABLE, MA — A homeowner group in Barnstable has drafted zoning regulations that would regulate short-term vacation rentals in residential neighborhoods and ban investors from turning single-family homes into "makeshift hotels." The group Barnstable Watch modeled its proposal after similar regulations imposed in the Hamptons in Long Island, but the group said its regulations are less strict to reflect local rental traditions.

The group in a statement said its made up of homeowners who have lived near homes that off-site investors, with the help of companies like Airbnb, Vrbo and HomeAway, have flipped into "makeshift hotels." Homeowners in the group are worried this will continue to happen in their neighborhoods.

Barnstable Watch in a Statement highlighted the key regulations in their draft. Those highlights can be found below:

Preserves our diverse zoning and traditions

Barnstable zoning has long reflected village and neighborhood character. We believe there should be no short-term rentals in residential zones with no commerce, no transient lodging, and where not even a single room rental has been allowed by law. At the same time, areas that have longtime seasonal rental traditions, like Craigville Beach, will also not be forced to change. Preserving our zoning traditions will also help preserve our hotels, motels, Inns and Bed and Breakfasts that have long been an important part of our community.

Bans investor-operated short-term rentals

This is common in destination communities in the U.S. and around the world. The property must be a place where someone actually lives — in this case, and in light of second-home ownership, the owner must reside there only three months a year. The three-month requirement is lighter than most, but still works to do what coastal and tourist communities have found to be so important: preventing offsite investors from flipping homes into hotels. Housing stock here in Barnstable is precious and vacation rental rules need to reflect that undisputed fact.
Sets minimum rental stays for lodgers. Consistent with Cape rental traditions, we propose a one-week minimum rental duration in permitted zones. Our proposal bans the pay-per-night, one-, two and three-night stays that Airbnb-like platforms sell, or the “mini-stays” that some Realtors offer.

Respects legal occupancy limits

Rental ads must identify the legal number of adults allowed in the home per the Town Code. Failure results in the loss of license to rent. The business model of many short-term rentals counts on chronic overcrowding: air mattresses, illegal bedrooms, calling common areas sleeping quarters. This is especially damaging in Barnstable, which must protect our delicate septic systems for decades until the $1.5 billion wastewater modernization project is complete. Like the Hamptons, we presume if property advertising is not aligned with legal occupancy limits, there is overcrowding. This will ease enforcement work, eliminating the need for Town staff to do tourist count heads at 2:00 a.m. or asking neighbors to police the house next door.
Preserves real homesharing for guests: In neighborhoods where zoning has permitted room rentals to non-related guests, residents can share their primary homes when they are also present. Barnstable requires that all motels, hotels, Inns and Bed & Breakfasts have management present when overnight lodgers are present; the same need exists when overnight lodgers stay in rooms next door.

Enforcement is clear

Our proposal eases enforcement where possible by identifying presumptions, provides a timeline for enforcement, and a hearing process so citizens have assurance of timely action and due process.

The group's plan was a reaction to policies the Cape & Islands Association of Realtor wants adopted. Barnstable Watch said those policies would grant short-term rentals in all residential neighborhoods.

"Offsite investors could legally flip homes into 365- day-a-year makeshift hotels. They wouldn’t need to live in the home, simply use it as an income-producing commercial operation," the group said in a statement. "Neighbors would get some nuisance regulations and a phone number to call with complaints."

Ryan Castle, the associations CEO, defended its positions in an interview with the Barnstable Patriot.

"We absolutely are going to defend the right of people to rent out short-term rentals for the week," Castle said. "To ban short-term rentals would hurt our economy, and we want to show that short-term rentals are vital to our economy."

Councilor Matthew Levesque at a Town Council Meeting last month told concerned residents the council will listen to what realtor associations have to say, but resident concerns will be considered first.

"We care most about what is going to affect our neighborhoods directly" Levesque said. "Yes, we want to see both sides of the issue, but at the same time, we want to do what's best for our community."

Town Council President Paul Hebert said he wants all plans to be drafted by March so that residents, the Town Council and planning staff can work together to do what's best for the town.