This is a much easier bylaw to pass. “It’s very simple. It’s not onerous — this time we’ve made it as seamless and easy as we possibly can.”

James Whitin, of the planning board and short term rental committee

Right now they are illegal, they’re out there. The state’s collecting money and we’re taking the money.”

Select board member Manny Soares Jr.

To me, a big advantage of permitting is your ability to revoke the permit should they become problematic.”

Shana Teas, Westport Select Board

I think we need to know upfront what enforcement authority the select board would have, if any, and what the expectations of the select board would be ... just to make sure that we have the staff and the resources to administer it.””

Town administrator James Hartnett

If it passes into law as written, a revamped Short Term Rental (STR) bylaw would make the practice legal across Westport, while keeping local oversight to a minimum, and would codify it as a legitimate business.

The new proposal comes after voters at last year’s Town Meeting rejected an earlier plan that would have more tightly regulated STRs here, with minimum stay stipulations and a host of local regulatory requirements including inspections and sign-offs from various town departments.

This time around, it’s much more simple, James Whitin, chairman of the Westport Planning Board and the Short Term Rental Committee, told select board members last week:

“We thought it would be best to have a very short zoning bylaw.”

Breaking the law

Short term rentals have always been and remain illegal in Westport, because they are not specifically listed as an allowed use in the town’s commercial and residential/agriculture zoning districts.

Still, there are close to 200 known across town, and many of them are registered with the state and pay a room tax to the commonwealth.

This presents a pickle as the state sends a cut of those taxes back to Westport — anywhere from $50,000 to $100,000 per year, town administrator James Hartnett estimated.

Given that the town is gaining financially from an illegal practice, “it’s rather important that we get something to pass” at Town Meeting, select board member Manny Soares Jr. said.

“Right now they are illegal, they’re out there. The state’s collecting money and we’re taking the money.”

“It’s a problem,” Whitin acknowledged.

‘Self-certification’

The proposed bylaw will come to a public hearing in mid-January and a warrant article will likely be presented at the 2025 Town Meeting.

As written, residents who want to rent out rooms or entire homes need only receive a permit from the select board, and in that process are required to “self-certify” that they are in compliance with all rules that govern them. They’re also required to register with the.

“This is a much easier bylaw to pass,” Whitin said. “It’s very simple. It’s not onerous — this time we’ve made it as seamless and easy as we possibly can.”

The self-certification process, Whitin said, would go like this:

Renters “get an application from town hall. They fill it out. The board of health wants this, this, this and this, the fire department wants some kind of initial inspection, and zoning wants code enforcement.”

“The self-certification (process) says that ‘I comply’ with a signature at the end. We’re not involved with making sure that they do all these things, but under penalty of law, they’re signing their name that they have done this and they comply. To me that’s the simplest way to do it, because we don’t have the manpower to go out and inspect all these places.”

Permit holders who have issues with renters or neighbors could be called before the select board, like other business owners.

“To me, a big advantage of permitting is your ability to revoke the permit should they become problematic,” board chairwoman Shana Teas said.

Oversight?

Still, with so little local oversight, the process could be difficult to keep on top of, Hartnett said, and difficult for the select board to enforce.

“I think that if you are allowing this type of business, I think (that) the town has some liability for making sure that they comply with all the regulations in terms of safety,” Hartnett said.

“I just think it needs to be looked at. Because I’m not sure how much enforcement authority the board would have. I think we need to know upfront what enforcement authority the select board would have, if any, and what the expectations of the select board would be ... just to make sure that we have the staff and the resources to administer it.”

“You don’t want to give expectations to the public that we have more authority than we actually do. So I think that needs to be determined.”

“Jim raises valid points,” town planner Michael Burris said. “It is a really challenging use to regulate because it is temporary in nature.”

Next step

Select board members asked Whitin and the short term rental committee to take another look at the bylaw, which will be presented to residents at a public hearing set for Tuesday, Jan. 14.