SOUTHWICK — One of the residents of Miller Road who raised questions in October about the town’s short-term rental bylaw, specifically about its enforcement, will ask Town Meeting in May to repeal the bylaw after filing a citizens’ petition last week.
“The town needs to apply whatever means to stop this rental activity,” wrote Timothy Foster about the reasons he is seeking to have the bylaw repealed.
Last October, Foster and several other residents of Miller Road appeared at a Select Board meeting and during public comments raised questions about the enforcement of the town’s short-term rental bylaw that was adopted by Town Meeting in May 2024.
Foster and his neighbors had just learned there was a home being marketing on an online platform, like Airbnb or Vrbo, that connects people with the owners of homes or apartments who are looking for a short-term rental, usually for a place to stay during vacations.
During that October meeting, Foster said the bylaw had “opened up a can of worms” for those who live near the homes being rented out short term.
Another resident of Miller Road added that he and other residents on the street had seen some “weird people” in the neighborhood, which prompted their concerns about who was renting the home nearby.
Foster said in the statement that he thought short-term renting was OK, however, his concern was where the rental units were and who was renting them, if renters went through any kind of vetting process, and the bylaw’s enforcement.
“Unfortunately, I do believe there is more potential negativity than positive. These types of rentals serve no positive value to the nor the neighborhoods,” he wrote, adding the only positive was for the properties’ owners.
He wrote that language about the bylaw’s purpose was to protect the health and safety of the general public.
However, he wrote it does the “exact opposite.”
“It has opened the doors to potential conflicts that can arise, [like] unsupervised unruly guests, potential canine conflicts, [and] negative social use of the neighborhood amenities,” he wrote.
“This type of rental activity [presents] the opportunity for confrontation,” he wrote.
Foster also questioned the enforcement of the bylaw in his statement.
After Foster questioned the bylaw last October, the town took immediate steps.
First, the town announced the bylaw had only recently been approved by the state AG’s office with some minor revisions that were adopted at the January Special Town Meeting.
The town also identified the rental properties and sent each owner a cease-and-desist letter to force them to register, which was required by April 1, and pay a $250 processing fee.
“I cannot believe that the administrative body of the town feels that this type of rental activity has been administered and enforced correctly under the pretext that is protecting the quality of life that is shared in this community,” Foster wrote, adding that while the bylaw was “well-written,” it has “less value than toilet paper.”
For a citizens’ petition to appear as an article on a Town Meeting warrant, the petitioner is required to get the signatures of 10 registered voters.
Town Clerk Christie Myette certified last week Foster had met the criteria.
During the public hearings held by the Planning Board while the bylaw was being drafted, the town’s code enforcement officer Kyle Scott weighed in, and the board changed some of the bylaw’s language.
These are the major provisions of bylaw currently in effect and the dwellings prohibited from being rented out short term.
- Dwellings designated as below market rate or income-restricted, that are subject to affordability covenants, or subject to housing or rental assistance under local, state or federal law;
- Family apartments or accessory affordable apartments;
- Dwellings that are subject to any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, stop work orders, unsafe orders, or cease and desist orders.
- All short-term rentals must be registered;
- Abutters within 300 feet of the registered short-term rental must be notified by mail which must include an affidavit of service;
- If the owner of the property is a corporation, all information — name, address, corporate officers, contact numbers – must be included in registration;
- Trash must be removed from the property immediately at the conclusion of the occupancy;
- Adhere to fire codes and maintain a fire extinguisher on each floor;
- Rentals for less than 24 hours is prohibited;
- Short-term rentals shall be subject to mandatory joint inspections annually by the zoning enforcement officer, Fire Department, Health Department, and/or other duly authorized representatives of the town.
