EASTHAM PLANNING BOARD
PUBLIC HEARING NOTICE
Pursuant to the provisions of Massachusetts General Laws, c.40A §5, the Eastham Planning Board will hold a Public Hearing on Wednesday March 20, 2024 at 4:00 PM. at the Eastham Town Hall Earle Mountain Room, 2500 State Highway, Eastham, MA 02642, to take public comments on proposed amendments to the Eastham Zoning Bylaw and General Bylaw:
Strikethrough = Language to be deleted
Underline = Language to be inserted
Article__: To see if the Town will vote to amend the Eastham Zoning Bylaw Section 6 Prohibited Uses by adding a new subsection 6.12 Time Share, Fractional and Interval Ownership Units as follows:
6.12 Time Share, Fractional and Interval Ownership Units
6.12.1 Purpose.
The purpose of this section is to preserve and protect limited housing stock in the Town from the market pressures attendant to time share, interval and fractional ownership uses and to protect neighborhoods from the impacts of such uses.
- Fractional ownership, interval and time share units have similar character as commercial hotels, motels, lodges, and other commercial occupancy uses due to their transient nature and multiple short-term occupancies. Such commercial or quasi commercial use is inappropriate in residential areas due to the increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods.
- The needs of transient occupants are averse to the interests sought to be protected and preserved in residential neighborhoods, because commercial uses for transient occupants may sacrifice other values critical to residential neighborhoods.
- The Town deems it necessary and appropriate to protect the existence of year-round residences and the quiet and peace of the Town by preventing unwarranted commercialization from encroaching therein, including commercialization caused by the misuse of single-family residences.
6.12.2 Prohibition on Time Share, Fractional and Interval Ownership Units
The use of any dwelling unit in the Town as fractional ownership, interval or time share unit is prohibited in all zoning districts.
6.12.2.1 Exceptions
- This section shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes.
- This section shall not apply to non-commercial groups, such as families, partnerships, associations, or trusts with divided interests or agreements in which the real estate is held and transferred within the family, partnership, association or trust, as opposed to sold in fractional or divided interests on the open market.
And further to
To see if the Town will vote to amend the Eastham Zoning Bylaw, Section 21 Definitions by adding the following terms as follows:
Time Share, Fractional and Interval Ownership Unit: Any Dwelling Unit which is owned by a limited liability company, corporation, partnership, or other joint ownership structure in which unrelated persons or entities own, sell, purchase or otherwise for consideration create or acquire any divided property interest including co-ownership or fractional or divided estates, shares, leaseholds, or memberships which are subject to, or subsequently bound by any agreement limiting the right or functional ability of interest holders or their designees to occupy or use the property to their respective interests or any other agreement which limits interest holders’ or their designees’ use of the property to fractional reservations through stay limitations of any duration. Such use is established by any of the following elements:
- Co-ownership or fractional or divided estates, shares, leaseholds, or memberships which are openly advertised, marketed, or offered for sale and sold individually at separate times.
- Centralized or professional management.
- Reservation systems
- Maximum or minimum day limits on each interest holder’s occupancy or use of the property; or
- Management agreements or fees reflective of interval use or ownership, irrespective of whether the agreement may be cancelled individually or by any party.
The bylaw amendment is intended to restrict fractional ownership in Eastham “Fractional Ownership” describes properties owned by multiple parties who each own a percentage, along with sharing usage rights. Similar to timeshares, fractional ownership properties operate through central management agreements and by limiting shareholders’ occupancy to a certain time frame. Under the joint ownership structure, share owners have full discretion regarding selling, purchasing, renting, or further dividing their interest in the property. Many believe fractional ownership poses a direct risk to the year-round residents and their access to stable, year-round housing. The towns of Tisbury and Provincetown passed similar bylaws in 2023.
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Article__: To see if the Town will vote to amend the Eastham Zoning Bylaw Section 7.2.6 Perimeter Vegetation as follows: An area not less than six (6) feet in width measured from and perpendicular to the lot line around the perimeter of the lot shall be landscaped with grass, maintained with trees, shrubs or other plants in order to keep and/or create a naturalized buffer between properties. Portions of this area may be paved for pedestrian and vehicular access but at no time shall the pedestrian and/or vehicular access be located within 6 feet of the side property lines.
The bylaw amendment is intended to clarify the Perimeter Vegetation regulation. The term “landscaped with grass” does not reflect the intention of the bylaw, which is to encourage the preservation and protection of trees, to support the public good of the overall health, safety, and welfare interests of the community, to address issues related to neighborhood character and the intensity of use on residential properties to reduce potential nuisance issues and preserve the rural character of the town’s residential areas. The proposed amendment will clarify the intended purpose of the regulation.
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Article__: To see if the Town will vote to amend the Eastham Zoning Bylaw Section 7.4.3 Site Coverage Standards by adding the following language: Lots containing more than one principal dwelling: Site coverage limits shall be based on the percentage of ownership of the lot if known or in the absence of such information, calculated by equally dividing the lot area among the total units located on the lot.
The bylaw amendment is intended to clarify the procedure for determining the maximum site coverage for lots containing more than one principal structure (e.g. a cottage colonies). The amendment will add language to address this situation in a manner that will prevent development that would result in excessive intensification on lots that are already pre-existing non-conforming to the standard residential unit density of 1 unit per 40,000 square feet.
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Article__: To see if the Town will vote to amend the Eastham Zoning Bylaw Section 21 – Definitions by amending current definitions of the following terms: Buildable Upland and Lot Area as follows: Buildable Upland: Land which excludes all wetland or land under any stream, creek swamp, pond, bog, dry bog, fresh or salt water marsh, areas of exposed groundwater, or other water body, areas subject to flooding from high tides as well as areas subject to flooding from high tides as measured by the Highest Astronomical Tide (HAT) elevation for that location.
Lot Area: The horizontal area of a lot calculated as including only contiguous upland and shall excluding all wetland or land under any stream, creek, swamp, pond, bog, dry bog, fresh or salt water marsh, areas of exposed groundwater, or other water body, areas subject to flooding from high tides, as well as areas subject to flooding from high tides as measured by the Highest Astronomical Tide (HAT) elevation for that location, and areas within a road layout, such that said upland area shall contain the minimum required area for buildable lots in the district.
The amendments are intended to add clarity to the current definitions by adding a more quantifiable definition of areas affected by high tides, specifically using the Highest Astronomical Tide level as a benchmark. The National Oceanic and Atmospheric Administration defines the Highest Astronomical Tide level as: “The elevation of the highest predicted astronomical tide expected to occur at a specific tide station over the time period of 40 years. The 40 years period will include two National Tidal Datum Epoch periods. This time period will be updated every 20 years. The present values are based on the time period of 2000-2040.
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Article___: To see if the Town will vote to amend the Eastham General By-Laws by adding a new Section __ entitled: Prohibitions Related to Short-Term Rental of Residential Properties, as set forth below:
PURPOSE AND INTENT
This bylaw is enacted pursuant to the Town’s Home Rule Authority and the authority set forth in General Laws c.______ and is intended to:
- provide for an orderly process for identifying, registering, and regulating Short-Term Rentals within the Town so as to ensure that such Short-Term Rentals do not create or cause any nuisance conditions within the Town.
- Protect the time-honored tradition of home rentals in Eastham and preserve economic opportunities through Short-Term Rentals for persons to keep their homes, now and into the future, so they may afford to live either full-time or part-time in Eastham;
- avoid adverse impacts on the local economy stemming from a loss of existing Short Term Rental revenue, including rooms excise tax revenue, and visitor spending.
- prohibit additional corporate ownership and discourage investment-only ownership of residential properties for the exclusive purpose of operating them as Short-Term Rentals rather than housing for either full-time or part-time residences.
- reduce the neighborhood churn caused by numerous turnovers of occupancy of Short-Term Rentals in residential neighborhoods.
- limit the conversion of residential units to Short-Term Rentals which has had the deleterious effect of removing residential units from the available year-round rental housing stock.
- protect the existence of year-round residences and the quiet and peace of the Town by preventing unwarranted commercialization from encroaching therein, including commercialization caused by the misuse of single-family residences. Fractional ownership, interval and time share units have similar character as commercial hotels, motels, lodges, and other commercial occupancy uses due to their transient nature and multiple short-term occupancies. Such commercial or quasi-commercial use is inappropriate in residential areas due to the increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods.
DEFINITIONS
For purposes of this Chapter, the following terms shall have the definitions indicated.
“Corporation”. All businesses and charitable entities required to file Articles of Incorporation and Annual Reports with the Massachusetts Secretary of State or an equivalent agency of another state, pursuant to G.L. c. 1560, § 2 or G.L. c. 180, §4, respectively.
“Owner” Any person who alone, or severally with others, has legal or equitable title or beneficial interest in any dwelling unit; a mortgagee in possession; or agent, trustee or person appointed by the courts. An Owner can be a single person, a marital unit, a group of people, LLC, or a Trust. The Owner may also be referred to as the operator, or the Host.
“Short-Term Rental” The rental of a whole or a portion of a residential or secondary dwelling unit, in exchange for payment, as residential accommodations for not more than thirty consecutive days, excluding a Hotel, Motel, or Lodging House or Tourist Home for Transient Guests as defined in Massachusetts General Laws Chapter 64G.
“Time Share, Interval or Fractional Ownership Unit” Any Dwelling Unit which is owned by a limited liability company, corporation, partnership, or other joint ownership structure in which unrelated persons or entities own, sell, purchase or otherwise for consideration create or acquire any divided property interest including co-ownership or fractional or divided estates, shares, leaseholds, or memberships which are subject to, or subsequently bound by any agreement limiting the right or functional ability of interest holders or their designees to occupy or use the property to their respective interests or any other agreement which limits interest holders’ or their designees’ use of the property to fractional reservations through stay limitations of any duration. Such use is established by any of the following elements:
- co-ownership or fractional or divided estates, shares, leaseholds, or memberships which are openly advertised, marketed, or offered for sale and sold individually at separate times;
- centralized or professional management;
- reservation systems;
- maximum or minimum day limits on each interest holder’s occupancy or use of the property; or
- management agreements or fees reflective of interval use or ownership, irrespective of whether the agreement may be cancelled individually or by any party.
PROHIBITIONS
Registration Requirement. No dwelling unit or part thereof may be offered as a Short-term Rental within the Town of Eastham unless it is registered with the Board of Health and in compliance with regulations issued by the Board of Health and is registered with the Commonwealth of Massachusetts Department of Revenue in accordance with applicable laws.
Limitation on Number of Short-Term Rentals
An Owner may register to operate only two dwelling units as Short-Term Rentals. If a person owns or is listed as a manager and/or is an agent for three or more dwelling units, that person must choose only two units to be registered as Short-Term Rentals. No person shall have more than two legal or equitable title or beneficial interest in dwelling units used for Short-Term Rentals except as provided for above. An Owner may hire a property management company to list and manage Short-Term Rentals, but the registration must be in the Owner’s name.
Corporate Ownership
Short-Term Rentals are prohibited in dwelling units owned by a corporation. Short-Term Rentals are permitted in dwelling units owned by an LLC, Trust, or S Corporation only when every shareholder, partner, or member of the legal entity is a natural person, as established by documentation provided by the applicant at the time of registration.
Affordable Housing Dwelling Units
Short-Term Rentals are prohibited in dwelling units designated as affordable or otherwise income-restricted, which are subject to an affordability restriction or are otherwise subject to housing or rental assistance under local, state, or federal programs or law.
Time Share, Fractional and Interval Ownership Units
No Fractional Ownership, Interval or Time Share Dwelling Unit may engage in Short-Term Rental activities or be eligible to receive a Certificate of Registration for such unit; except that this section shall not apply to the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes; and this section shall not apply to non-commercial groups, such as families, partnerships, associations, or trusts with divided interests or agreements in which the real estate is held and transferred within the family, partnership, association or trust, as opposed to sold in fractional or divided interests on the open market.
Protection for Existing Short-Term Rentals
Any person or other legal entity who holds a current Certificate of Registration on the effective date of this bylaw may continue to engage in Short-Term Rentals in accordance with the existing Certificate of Registration, until the dwelling unit is transferred or conveyed, or the certificate of registration is not renewed. If a property is bequeathed to a person or other beneficiary through a will, the new owner may continue to engage in Short-Term Rental activities in accordance with this section.
REGULATIONS
Regulations and Fees
The Board of Health may promulgate regulations to carry out and enforce the provisions of this bylaw, and may, subject to the approval of the Select Board, set fees for the issuance of Certificates of Registration for Short-Term Rentals.
PENALTIES AND ENFORCEMENT
Enforcement Options
Whoever violates any provision of this bylaw, or a regulation promulgated hereunder may be penalized by indictment or on complaint brought in the district court. The Town may seek to enjoin violations thereof through any lawful process, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means.
Non-Criminal Disposition
Whoever violates any provision of this bylaw, or a regulation promulgated hereunder may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40, section 21 D and the Town’s noncriminal disposition by-law (Chapter 2). If non-criminal disposition is elected, then any person who violates any provision of this bylaw or regulation shall be subject to a penalty in the amount of one hundred dollars ($100) for the first offense; two hundred dollars ($200) for the second offense; and three hundred dollars ($300) for a third and subsequent offense. Each day or portion thereof shall constitute a separate offense. The Board of Health or its agent, or any police officer of the Town, shall be the enforcing authority.
Suspension of Certificate of Registration
If a notice of violation of this bylaw or any regulation promulgated hereunder or other order is issued to the Owner of a dwelling unit operated as a Short-Term Rental by the Board of Health or its designee, after a Certificate of Registration is issued, the Board of Health, after a hearing, may suspend for a period of time determined by the Board of Health or revoke said Certificate of Registration until the violation has been cured or otherwise resolved. Multiple violations by any Owner may, at the discretion of the Board of Health and after a hearing, disqualify that Owner from obtaining a Certificate of Registration for a period of up to three years.
Civil Penalty
In accordance with G.L. c. 64G, §14(v), the Town may assess a civil penalty not to exceed $5,000 for any violation of this bylaw or a regulation issued hereunder. Each day a violation continues shall be considered a separate offense.
SEVERABILITY
If any provision in this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
This amendment to the General Bylaw intended to regulate short-term rentals by adding a subsection allowing individuals to obtain no more than two (2) short-term rental certificates. Any person or other legal entity who holds a current Certificate(s) of Registration on the effective date of this bylaw may continue to engage in Short-Term Rentals in accordance with the existing Certificate of Registration, until the dwelling unit is transferred or conveyed, or the certificate of registration is not renewed. This includes individuals/entities who may have three (3) or more STR certificates. If a property is bequeathed to a person or other beneficiary through a will, the new owner may continue to engage in Short-Term Rental activities in accordance with this section.
The full text of all of the proposed amendments can be found at Proposed Zoning Amendments 2024 | Eastham, MA (eastham-ma.gov) and is available at the Eastham Town Hall Planning Department 2500 State Highway, Eastham, MA during regular business hours Monday, Tuesday, Thursday 8:00 AM – 4:00 PM. Written comments may be submitted to the Town Planner, Paul Lagg, at [email protected] by 2:00 PM on March 20, 2024. An option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in person attendance.
To join the meeting via Zoom, either use this link to the meeting: https://us02web.zoom.us/j/87474058357?pwd=QkhXUkx2ankyeHlTZ0VPaVI1V3Q4Zz09
OR Go to
https://zoom.us/join, and if necessary, download the Zoom app. Once you are in Zoom, enter the meeting ID number 874 7405 8357 , hit enter, then enter the password 337096. To join the meeting by phone, call 1-646-558-8656, then enter the meeting ID # 874 7405 8357 One tap mobile: +19292056099,,87474058357#,,,,*337096# US (New York) The meeting will be live broadcast on local access channel 18, and live streaming on the Town Website https://www.eastham-ma.gov/home/pages/channel-18
Dan Coppelman, Chair
Provincetown Independent Newspaper Run Dates: 2/29/2024, 3/7/2024
