By Tom Ayres , Senior Staff Writer
While Woodstock officials seek to resolve differing approaches to the regulation of short-term rentals (STRs) in the Village and Town in the wake of voter mandates, three other communities in the region have either already implemented an STR ordinance or are contemplating regulations for their communities.
STRs in the town of Plymouth are entering a third year of being regulated under an ordinance enacted by the town’s selectboard in September 2022. Town officials in West Windsor plan to put forward for public comment separate zoning bylaws changes related to both floodplain management and STRs at a regular bimonthly meeting of the Town Selectboard of Monday, Oct. 21. The bylaws recommendations related to short-term rental properties will be accompanied by a detailed STR ordinance. In Barnard, a selectboard-appointed subcommittee has been meeting twice monthly since March with the goal of proposing STR regulations for that community.
Elsewhere in the region, there are presently no STR rules in effect nor under consideration in five other communities: Bridgewater, Hartland, Pomfret, Reading, and Hartford, which includes Quechee. Meanwhile, here is a look at current and evolving STR regulations in Plymouth, West Windsor, and Barnard.
Plymouth ordinance nears second anniversary
The ordinance adopted by the three-member Plymouth Selectboard two years ago created the post of an STR administrator and established parameters for the yearly licensing of rental units. It defines an STR as “a furnished house, condominium or other dwelling room or self-contained unit rented to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days.”
The Plymouth regulations set different requirements dependent upon the capacity of the STR property in question. Units that can be occupied by eight or more short-term tenants must comply with State of Vermont Wastewater and Water Supply regulations relative to the permitting of septic systems; possess an Act 250 land use permit if subject to that jurisdiction; and submit to an inspection and subsequent issuance of a public building permit by the Vermont Division of Fire Safety. STR permit applicants for the higher-occupancy STRs must also provide proof that insurance extends both bodily injury and property damage coverage to any use of the dwelling as an STR.
Responding to concerns about noisy parties and other gatherings, STR guests are required to maintain “public decency in volume and behavior” from 11 p.m. to 7 a.m. throughout the period of occupancy.
The STR ordinance and registration form in Plymouth do not distinguish between owner-occupied or non-owner-occupied units relative to application fees, as is the case with some other STR regulations in Vermont communities. The application does, however, ask for contact information of a local property manager if the dwelling unit is not owner-occupied. Permit applications, renewable annually, carry a fee of $200 for a one-bedroom rental and $100 for each additional bedroom. Regarding enforcement of the Plymouth ordinance, any person who commences or continues operation of an STR in the town without obtaining the required permit is subject to a fine of up to $100 per day.
There are currently 65 short-term-rental units registered in Plymouth, according to Plymouth STR Administrator Frank Vetere.
West Windsor draft ordinance, bylaws set for October presentation
The West Windsor Planning Commission initiated discussions about a potential STR ordinance and accompanying changes to the town’s zoning bylaws last November. The Town Selectboard plans to bring a draft STR ordinance and concomitant bylaws changes before the public for comment 11 months later at the board’s regularly scheduled bimonthly meeting on Monday, Oct. 21.
Selectboard Chair Mark Higgins led a discussion of the proposed STR regulations at a joint meeting of the governing body, the town Planning Commission, and West Windsor Zoning Administrator Deb Shearer last week. Higgins presented a draft of the short-term rental bylaws proposed for incorporation into the town’s zoning regulations. In defining a short-term rental, the regulations under consideration in West Windsor read very similarly to the ordinance already holding sway in Plymouth: an STR is characterized as any dwelling unit rented for a period of fewer than 30 consecutive days and for more than 14 days per calendar year.
West Windsor officials are proposing to allow STR operations in “all districts where residential uses are permitted without a zoning permit.” Such units, however, are only allowed “residential signs” on the property that do not require a sign permit from the town. Any sign that does require a sign permit is “prohibited to advertise or call attention to or direct a person to a short-term rental.” The proffered bylaws disallow STR permits in the town’s industrial/commercial district.
The proposed regulations also call for only one STR on a property, except in areas served by a public wastewater system. Occupancy of an STR must not exceed wastewater permit conditions or current state rules. Any application for a permit to allow two or more STR units to operate on a given property will require conditional-use review and approval by the West Windsor Development Review Board.
Under the proposed ordinance and zoning bylaws, any STR owner will be required to register annually with an administrator to be designated by the West Windsor Selectboard. Selectboard Chair Higgins said Monday that the Planning Commission and the town are continuing discussions about application fees associated with STR permit applications, which will have to be filed by April 30 of each year under the currently proposed bylaws.
Barnard regulations a work in progress
An eight-member subcommittee on short-term rentals was appointed by the Barnard Selectboard in the early spring to begin examining possible implementation of STR regulations in the community. The group has been meeting twice monthly since March 24 to discuss the feasibility of drafting an STR ordinance and/or incorporating stipulations for short-term rentals into the town’s zoning regulations.
Barnard Selectperson Richard Lancaster is serving as an advisor and liaison between the governing body and the STR subcommittee. Town resident Susan Botha is chairing the STR advisory body, which also includes Gerry Botha, Patrick Kennedy, Doreen Hurley, Marty Bell, Ellen Miles, Angie Fucci, and Ryan Onorato. The group includes representation from STR owners currently operating in the community.
Lancaster told subcommittee members at an April meeting that Barnard has seen an increase in recent years of buyers purchasing homes solely for investment purposes. “Based on committee members’ experiences, it is believed that people with ties to Barnard who have an STR care more about the community than absentee investors,” Susan Botha wrote in the subcommittee’s minutes for the April 24 meeting. There ensued in following meetings further discussion about the distinction between owner-occupied STR dwellings and non-owner-occupied STR properties and how that might be addressed in any proposed ordinance and/or bylaws additions.
The STR subcommittee is continuing to survey ordinances and zoning bylaws of other communities in the region to learn how comparable towns are addressing regulation. Meanwhile, the group has adopted a mission statement that spells out its priorities for any possible recommendations it may put forward to the three-member Barnard Selectboard. “It is the mission of the Barnard STR Subcommittee to provide recommendations to the town for the management of local STRs in ways that preserve the traditional character of the town and the rights of Barnard property owners,” reads the mission statement adopted in late June. “Primary areas of focus will be community integrity, noise and activity control, occupancy levels, sanitation and safety, and parking,” the statement concluded.
No definitive timetable has been set by the subcommittee for the presentation of a proposed STR ordinance and/or zoning bylaws to the selectboard for public comment and review. In the meantime, the next regularly scheduled meeting of the Subcommittee on Short-Term Rentals is set for this Sunday, Sept. 8 at 5 p.m., at the Danforth Library in Barnard. Committee members are planning to slate a “listening session” at another meeting later in September to address key questions and concerns from the public about any potential STR regulation.