Milton planners discuss short-term rentals

The Milton Planning and Zoning Commission is considering ideas for additional regulations on short-term rentals that will be formed into an advisory report for town council.

The primary idea the commission hit on at its July 15 meeting is that short-term rentals, such as Airbnbs, should be considered a special permitted use within residential zoning districts. 

A special permitted use, in a residentially zoned context, is a use that requires a special permit from planning and zoning to be used in that area. One reason the commission likes the idea is because bed and breakfasts – the closest analog in Milton to what an Airbnb does – are already included as a special permitted use in all the town’s major zoning districts. 

The commission’s first task was figuring out exactly what town council wants them to do. The stated reason for tackling regulations on short-term rentals is to get ahead of the potential oversaturation of Airbnbs and VRBO rental units. 

Chair Richard Trask said, “The argument is, ‘We have to figure out some way to limit the number of short-term rentals in the Town of Milton because if they proliferate, they’ll be all over the town.’ But in reality, in all the research I’ve done, I haven't seen any kind of qualitative data that supports that theory.”

Commissioner Don Mazzeo asked, “What is the town trying to prevent or achieve that is a problem today?”

Part of the reason the commission is asking those questions is because it was previously tasked with an advisory report regarding new licensing requirements for short-term rentals, a report that was crafted into an ordinance that council passed in June. 

That ordinance defines short-term rentals as a residential dwelling unit that is rented for 30 days or fewer. The maximum occupancy of a short-term rental would be two people per bedroom with an exception for children 6 years old or younger. The rental must have a local contact person available 24 hours per day to take phone calls about potential problems and to be physically present on the property within one hour. Complaints would be handled at town hall during regular business days or by the police at all other times. Both town hall and the police would have the telephone number of the local contact person.

Guests at short-term rental properties cannot hold commercial activities or events open to the public, and the owner is responsible for providing a good neighbor brochure, which the town would provide, to every renter. Advertising for the rental must include information such as the occupancy limits, prohibition on commercial activities and parking information. 

Finally, three or more violations of town regulations on short-term rentals would be grounds for the unit’s license to be revoked and have a new license delayed by one year.

However, council felt there was more that could be done and asked the commission to look at regulating short-term rentals from a zoning perspective. 

The commission agreed with the idea put forth by Commissioner Jeff Seemans to make short-term rentals a special use. 

“It’s simple. It’s doable. It uses the existing zoning code, and we’re not writing an all-new zoning characteristic,” Trask said. “I think if we keep it simple, we’ll have a better chance of getting it right.”

Town Solicitor Seth Thompson agreed to write a draft report based on the commission’s discussions for debate at planning and zoning’s next meeting in August. Town council is expecting the advisory report on the matter in September.