Public Weighs In On New Short-Term Rental Regs

BREWSTER – Residents turned out at a public hearing on short-term rentals Monday to offer feedback, advice and concerns following the release of a draft bylaw, proposed regulations and a fee schedule.

Last week, Town Planner Jon Idman presented a draft bylaw that would authorize the town to regulate short-term rentals (STRs). The following week town officials released a proposed set of regulations that offered more detail on how the town would regulate STRs, including fees. 

Around 45 residents attended the public hearing via Zoom, and about five attended in person. 

The draft regulations were relatively straightforward. A certificate of registration from the town is required to run a STR. To receive the certificate, owners must submit an application and an annual fee of $300, to be renewed each November. 

If the applicant sells the property, the certificate does not transfer. If the new owner is interested in running a STR, they must apply for a new certificate. 

Owners will be denied a certificate if they have unpaid taxes or fees, any code violations or the property breaks any zoning rules. STRs cannot be run out of affordable housing units or an accessory dwelling unit. 

The application will include owner and operator details, property details including size, number of bedrooms and available parking, proof of registration with the state tax department, a local contact who can show up to the property within two hours, proof of $1 million liability insurance and a signed statement indicating owners are following all laws and have no violations. 

The regulations for operations include occupancy limits (based on septic system capacity and health codes), which owners must advertise truthfully. Owners must address parking for guests and should enforce off-street parking so as not to create safety issues. Trash must be handled regularly, at least weekly or after each stay. Inside the rental, owners must list emergency contact information, exit plans, and safety and town registration information. 

The town will require at least three years of prior records including dates of stays, number of guests, number of cars and income and proof of paid taxes. Each year, the town will request a report on rental activity. 

The regulations also place all liability on the owners of the unit. This means renters’ behavior will fall on the owner and operator’s shoulders if something goes wrong. 

Inspections will be conducted with notice including health, building and fire department. The state chapter 110 safety inspections require STRs to be inspected annually if they are not the owner’s primary residence. 

If compliance issues arise, owners may be subject to an enforcement hearing within 48 hours. 

Doug Erickson, a Brewster resident and STR owner, asked for supplemental information to be provided, specifically Massachusetts General Law chapters. He said having those definitions would help him understand the full context of the regulations. 

Erickson also requested that fees be voted on at town meeting. Kathleen Rosenbaum, another Brewster resident, held a similar sentiment. She said she felt as though compliant owners were being penalized for a subsection of owners that were hosting “party houses.” She also questioned why STRs were subject to annual inspections, but year-round rentals and owner-occupied homes weren’t.

Idman said other towns have developed an inspection system for year-round rentals as well, but starting out simple with just STRs would help develop the correct process. 

Sarah Stanahan, a former member of the STR task force, said she is hopeful the registration system will provide more data on how influential STRs are in the housing market. She said she is not opposed to discouraging STRs if they start taking over the housing market. She said she hoped this was just the beginning of conversations the select board will facilitate with residents about STRs.

Alan McKinnon, a part owner of a family-run STR, cautioned the board about overgeneralizing corporate-run STRs. He said many family-run rentals are under LLCs and shouldn’t be penalized for it. 

John Kramer asked two questions that sparked some discussion between select board members. He first requested more comparative information from neighboring towns. The supplemental information provided by town administrators included a chart of fees, but Idman said he focused mostly on Eastham and Nantucket since they had similar situations.

Kramer then asked what the revenue from STRs looked like for Brewster. Town Manager Peter Lombardi said the town is set to receive about $1.2 million this year in revenues. In 2019, STRs became subject to local tax in addition to the state room tax. 

Select board member Pete Dahl followed up on the comment, questioning why some of the revenues weren’t going toward running the registration and inspection system. The proposed $300 fee covers the services needed to run the registration system, Idman said, while the room tax revenue is used for different purposes. 

Select board member Ned Chatelain asked why reports to the town were needed annually. Idman said there is no law that dictates the timeline. Some municipalities do it more frequently, such as Eastham and Nantucket, which both request reports quarterly. 

Feedback from the public hearing will help Idman and town staff review and edit the draft bylaw and regulations. Lombardi said the updates will likely be presented at a select board meeting in the next few weeks.