Opinion: Barnstable Short-Term Rentals, A Path to Compromise

BARNSTABLE, MA — The following letter to the editor was written by Centerville residents Bob and Anne Schulte. The letter is addressed to the Barnstable Town Council. All views expressed are the authors' own.

Dear Town Council Members,

As you know, we are members of the group of four civic associations and hundreds of citizens who have expressed their concerns with the proposed Short Term Rental (STR) Zoning Amendment soon to be considered and voted on by the Town Council.

Unfortunately, the discussion and rhetoric on this topic has become heated, and we believe unnecessarily so. To those listening to the debate, both sides may appear as inflexible on their positions. However, that does not have to be the case.

Therefore, we would respectfully like to offer three suggestions for the parties' consideration. The ideas presented below are strictly our personal thoughts and are not intended to reflect the opinion of any other individual or organization.

We believe these ideas will help advance resolutions, cool the debate, address the primary concerns of both sides and, most importantly, make sense for the future of Barnstable and its citizens - which is really what this discussion should be all about.

• They will help minimize and/or prevent the problems experienced by many towns and cities as a result of a proliferation of STRs in their communities; particularly those in single-family residential-only (SFRO) zoned districts.

• They will provide a way for the owners and rental agents of existing STRs in SFRO zoned districts to continue to operate until such time the Town can determine the true impact of STRs on our community and decide whether STRs should be allowed to continue to operate and/or further expanded into SFRO zoned districts in the future. (Respectfully, the Planning Board, the body charged with advancing zoning proposals, spent no time talking about or analyzing zoning changes or their relationship to the Comprehensive Plan.)

• They will maintain existing zoning for a period long enough for the Town to study and plan for the impact that an increase in STRs may have on the character and quality of life in our Town.

• Most importantly, the above suggestions will minimize the reason either side of the discussion will have to bring litigation against the Town. In our personal discussions with several Councilors, we have been told that the Town is worried about litigation. We've certainly heard concern about the need to do that recently from people who wake up finding themselves living next to commercial operations after investing in a residential area. That does not need to happen.

1. Agree to suspend any consideration of a zoning change related to STRs for a period of 3 years. At the Town’s STR workshop on February 27, 2020, the Town’s Planning Director stated that the Town does not know what effect the proposed zoning amendment will have on the Town looking out for 1, 3 or 5 years. If that’s the case, the rational choice would be to delay making a change to zoning at this time and instead utilize a reasonable period of time to study the potential impact that such a zoning change may have on Barnstable and its neighborhoods.

2. As part of an agreement to suspend any zoning change for a set period, the Town should continue to allow STR registrations in the majority of its zoning districts where there is no debate as to whether they are allowed (subject to any cap on the maximum number established in the general ordinance). However, the Town should freeze any NEW STR registrations in the three single-family residential-only (SFRO) zoning districts where there has been and continues to be significant concern and debate. Those properly registered STRs which already exist in the three SFRO zones would be allowed to continue to operate during the freeze. A cutoff date of 11/1 should be used for the existing registered STRs in SFRO zones. If an owner has actively chosen NOT to comply with the law and register their STR by 11/1, they should NOT be given the opportunity to register after that date.

3. Finally, for any existing, properly registered STR, as of 11/1, that is located in one of the three SFRO zones, the Town should establish and require an annual continued use permit for it to continue to operate. We would suggest the cost of such continued use permit be set at an amount higher than the standard STR permit fee to reflect the fact that property is being allowed to operate as an STR in a single-family residential-only zoned district.

Of course, all STRs, regardless of the zoning district in which they are located, would be subject to and required to abide by whatever General Ordinance is ultimately passed by the Town Council.

In summary, we are suggesting that the Town agrees to take the time to study the impact that additional STRs will have before deciding to change existing zoning in the Town's SFRO zoning districts. However, the Town can allow those STRs that are appropriately licensed/registered and operating in a SFRO zoned district, as of November 1st, to continue to operate until such time the impact of additional STRs in those zones can be determined and a well-informed decision made with respect to SFRO zoned districts.

In our opinion, this is a reasonable way for all parties to step back from the ledge, address the concerns expressed by both sides and for the Town to minimize its chance of litigation on the STR matter.

The decision you make on the proposed Zoning Amendment will have a significant and lasting impact on the quality of life in Barnstable’s single-family residential-only neighborhoods. Therefore, we hope you will take the time necessary to seriously discuss and consider the suggestions we’ve outlined above prior to taking a final vote.

Respectfully,
Bob & Anne Schulte
Centerville, MA