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Whether to legalize short-term rentals or Air Bed and Breakfast (AirBnBs) or Vacation Rentals by Owners (VRBOs) was the subject of conversation during a recent Planning Board meeting.
Some exist in Winchester, although how many is vague. Legalization would involve possible changes to the bylaws and zoning bylaws to address the issue.
“We don’t specifically regulate them,” Planning Board member Keri Layton said on March 10. “It’s understood we don’t have any or many them. We might want to discuss if short-term rentals are appropriate and beneficial to the town. I don’t know if this is the right community. Winchester is a good place to be if you want to see Boston, but we’re trying to foster a town with long-term relationships. Someone in a short-term rental is preventing a long-term rental.”
Are they permitted? Town bylaws and zoning bylaws refer to units being rented on a weekly, monthly or long-term basis, but most AirBnBs/VRBOs are rented for less than a week.
Layton suggested removing the word “weekly” from regulations or crafting a new clause to address short-term rentals specifically.
“You could argue if it’s not an allowed use, it’s not allowed,” Chair Brian Vernaglia said.
Layton agreed.
“If it’s not exclusively allowed,” she said, “it’s exclusively prohibited.”
The other side of that argument is that if it’s not prohibited, then it’s allowed.
“There’ll be libertarians who’ll say, ‘It’s my house and I can do what I want’ and people who’ll say we should not allow anyone to rent and everything in between, but we’ve had none of that feedback,” Vernaglia said. “They’re probably not a good mix for Winchester, where we’re trying to get housing for people of all income levels. If I had to make a decision, I’d probably say no, but this is what the town wants.”
“If you don’t want to do it, do you want your neighbors to?” Layton asked.
Another issue might be where they’d be allowed.
Member Jack LeMenager asked, “If we recognize them in the bylaws, are we sanctioning them?”
Select Board discussing same issue
The Select Board wants to tax short-term rentals. The state already does, with a 5/7% Occupant Tax.
Layton estimated a similar tax would generate $12,000-$14,000 per year for the town.
“It’s not a huge amount, but it’s money we’re leaving on the table,” Select Board Chair Michelle Prior said during the meeting.
She thinks the mechanics would work like meals taxes, with the state Department of Revenue collecting the taxes and distributing the money or some it to the town.
Legalization could encourage short-term rentals or taxes could discourage them.
“I’d imagine the cost would be passed onto the renters,” Prior said.
“It could affect affordability,” Layton added. “I assume as costs go up for the owner, the cost to rent goes up to accommodate that.”
She also thinks taxation could create a path to legitimacy.
LeMenager pointed out the existence and recognition of short-term rentals in one form or another will obligate the town to have them conform to building and rental regulations.
“By recognizing them in the bylaws, are we opening ourselves up to that kind of stuff?” he asked.
“It will be a regulatory burden,” Layton said.
Ultimately, Town Meeting will decide the matter. It’s too late to present a formal proposal at the Spring Town Meeting, scheduled for April 27, in part because the Planning Board has just begun to consider the matter.
“My guess is the community isn’t aware of this,” Member Nicholas Rossettos said. “We haven’t spent time on this.”
“It would be remiss of us to go to Town Meeting in the spring without bringing this up with other boards and committees in town,” LeMenager added. “We need time to have dialogue to make sure everything is covered.”
The matter might be brought up as an issue for the future during the Planning Board report to Town Meeting.
“Mentioning it at Town Meeting will, at least, raise awareness to some degree,” LeMenager said.
Neil Zolot has been a freelance journalist more than 40 years. He has worked for newspapers on the North Shore and in the Boston area.
