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Date: 9/6/2022
SOUTH HADLEY – Another special permit application was brought to the Planning Board during their Aug. 29 meeting with the applicant seeking to establish a bed and breakfast under the town’s short-term rental use table.
Multiple residents who have rented out rooms through the platform Airbnb received cease-and-desist orders from the building commissioner in April as the facilities were short-term rental options classified as short-term transient lodging facilities. This classification goes against zoning laws in South Hadley, as currently the only allowable way for short-term rental in the town is by establishing an official bed and breakfast facility.
The letter sent out said these homeowners needed to seek a special permit for these operations if they are prohibited to under the town’s zoning codes for each district. Not all who received a letter are eligible for the special permit.
Applicant Selene Weber was seeking the special permit to establish a bed and breakfast on North Sycamore Knolls. Weber explained during the hearing that the property is an owner-occupied single-family home with one guest room. The lodging they provide occurs in their guest room and there is a private bathroom connected to the guest room.
Weber explained they have a long driveway which provides ample parking options and have space dedicated to their guests. She also added they provide breakfast, something the town’s current bylaw requires for a bed and breakfast facility.
Weber said they use Airbnb to rent out the space and that it has had little to no impact on neighbors as she claimed neighbors were not even aware of their rental activity. Weber noted that because it is an owner-occupied unit, no housing would be taken off the market in favor of rentals.
Like others who have faced the Planning Board seeking this special application, Weber said they started renting out their space within their home after seeing the convenience of the Airbnb platform and the lack of accommodations for parents and families who come for move-ins and graduations as well as visit the area for their children in college.
“It has been really rewarding to host parents from all over the country and even the world. We don’t accept guests when we are away and guests know we live a floor above,” Weber said. “I have had great experiences with all guests and have not had a single problem. Most guests express deep gratitude for being able to stay here.”
Weber added she has already been in contact with Building Commissioner David Gardner and Fire Chief Robert Authier for plans to match the Bed and Breakfast Facility Bylaw code safety requirements following the approval of the special permit. In defense of allowing her to continue renting, Weber added having these lodging options for visitors to South Hadley was good for the local economy and felt this service was a win-win for all involved in the town.
The Planning Board had little to ask the applicant following her presentation but when opened to public comment, multiple residents expressed concern with allowance of this rental in what is a cul-de-sac neighborhood.
One resident objected to the granting of the special permit as she felt traffic was a concern for the neighborhood with the cul-de-sac setting. She also expressed concern that renting the property to Airbnb would drive down property values in the area, and that having strangers in a child-friendly neighborhood was also a concern.
Another resident expressed concerns that if the special permit were to be granted, the owners of the home could end up renting more space in the home than previously requested once a permit is granted. Planning Board Chair Brad Hutchison said there could be conditions placed in the special permit that limit the amount of space that can be rented out.
“I like the idea of approving with condition of rental of one bedroom since three close neighbors have questioned possible implications of more traffic,” board member Joanna Brown added. “To bring approval but limit it to one bedroom seems to be a moderate approach and taking into consideration the concerns of the neighbors of what is a quiet street.”
Weber said she understood her neighbor’s concerns but that she and her husband were doing all they could to have as little impact from guests as possible. She also added that from her perspective, the amount of traffic has not really changed since they started renting the room.
“I understand the concern. We are a single-family home. We provide here and we are not renting the house while we are away. It is an owner-occupied situation,” Weber said.
Board member Mike Adelman called the application a “very straightforward thing” and felt the applicant was on top of their requirements in seeking the special permit. Board member Mike Davis seconded Adelman’s comments and felt the Weber’s had been very careful in consulting bylaws and the approvals needed in their application.
“The fact they have been doing this without apocalyptic events in the neighborhood seems to bode well for the future,” Davis said. “A special permit is only granted for the life of a current owner’s property so if the house is sold, this would not continue on into the future beyond that.”
Weber in her final remarks said she doesn’t want this to become an issue as she appreciates her quiet neighborhood and intends to help keep it that way.
The Planning Board then unanimously approved the special permit for Weber.
A significant factor that started these discussions in town regarding short-term rental properties was an incident earlier this year on Amherst Road where an Airbnb property was rented out and a party was thrown where the police eventually called. Building Commissioner David Gardner said in a past meeting the incident “disrupted the neighborhood considerably.”
Earlier this summer, Capra shared that she has had internal discussions with Gardner and other municipalities on this issue and added that before Airbnb became popular, bed and breakfasts were the short-term rental option without staying in a hotel.
Discussions have continued over the summer on the few options the town has to address this issue starting with amending the current bylaw on the books for the town. Another option that has been discussed is the adoption of an entirely new bylaw to address short-term rentals as a whole. Capra has said she hopes to be in a position by Town Meeting where a potential answer can be brought to be voted on.
Gardner also has mentioned in past discussions that amending the Bed and Breakfast Facility Bylaw would help resolve the issue and add more specific writing to the bylaw on what is allowed under this type of facility.
Continued discussion on the Short-Term Rental Bylaw happened later during the Aug. 29 meeting and Capra was able to update the board on the status of the town in their researching and preparation for a potential new bylaw. Capra said more information would continue to trickle in, but at the moment she had identified two ways to regulate this issue based on what other communities have been doing.
Capra said the first option other communities have been to create a zoning bylaw where the short-term rental use is allowed and identified. The other option is creating a general bylaw that is non zoning. This option would have various terms and conditions laid out for a short-term rental activity such as license and permit requirements.
“It looks like most communities are adopting both. They’re choosing to have a zoning bylaw in which they say which zones are allowed, some are saying it’s by right and should be allowed in all districts. Some are saying only some have the right based on their location,” Capra said. “It’s become a local community decision. They’re adopting general permits to have a licensing process so these things can be regulated.”
Capra also was able to share new information that Gardner and Board of Health Director Sharon Hart have been working together to establish a “rental registry” that would be for all rentals in town. The purpose of this would be to allow better coordination between the town departments for codes on rentals. It will also help the town have a better relationship with renters and able to get more feedback.
With the eventual adoption of a rental registry, Capra said through discussions with the two parties involved that it would be ideal for the town to move forward with a general bylaw that specifically addressed short term rentals.
The Planning Board intends to continue these discussions leading into the fall and potentially aiming for a Town Meeting vote on a solution.