(Sept. 6, 2024) The Zoning Board of Appeals’ expected ruling, that the short-term rental of a vacation home is acceptable in residential neighborhoods, has been postponed again.
The board had originally planned to approve its draft decision last Thursday but delayed it once again in order to give the board time to review the final version of the decision drafted by town counsel George Pucci.
“The (draft) decision came into my e-mail at seven o’clock last night,” chair Susan McCarthy said last Thursday. “I want to give it the time it deserves. I’d like to review it and have a conversation about it.”
A Superior Court judge ordered the ZBA to reexamine the case of Peter and Linda Grape, who rent their vacation home on West Dover Street at times when they are not staying in it themselves.
They were sued by their neighbor Cathy Ward, who said the short-term rentals created a nuisance in the neighborhood and that the property was used more often as a rental than by the Grapes themselves, a violation of residential zoning.
Judge Mark Gildea ruled that the town’s zoning bylaw does not allow for the primary use of a home to be a short-term rental, but it is allowed as an accessory use. He sent the matter back to the ZBA to determine if Peter and Linda Grape’s rental usage was primary or accessory.
Pucci said it was acceptable for the board to delay for another week, but the court-ordered deadline was fast approaching.
“I wasn’t worried about (the deadline) before but now I’m getting a little concerned. I will prepare a status report to the court with the representation that we are fully anticipating a final decision will be reached and issued on (Sept.) 12.”
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