A new committee formed by the select board in mid-August to study the regulation of short term rentals (STRs) in Westport is wasting no time, and is reviewing a draft bylaw to regulate both STRs and bed and breakfasts here in advance of a likely vote on the matter at next year's Town Meeting.

The draft, introduced at the committee's first meeting on Thursday, Sept. 14, is still in its early stages and was taken largely from existing bylaws in nearby towns. Though it is subject to change, it is the first step in the town's efforts to regulate STRs like those offered on Airbnb and other websites. There are dozens of such rentals in Westport, and as of now the town has no regulations in place to govern their operation.

What does it say?

The lengthy draft bylaw covers the operation of STRs and bed and breakfasts, regulating everything from the taxes owners will pay the town for their operation, to the duration of stay, parking requirements, permits, penalties for non-compliance with town and state regulations, and more. The primary purpose is to "protect the health, safety, and public welfare of renters and residents, ensure the primary use of such rentals in the Residential/Agriculture district remains residential, and ensure that the operation of such rentals does not create a safety concern or a detriment to the surrounding neighborhood."

Town planner Michael Burris last week termed the draft bylaw a "starting point" that is subject to change. In its current draft form:

• STRs would be allowed in apartments, houses, cottages and condominiums. They would not be allowed in properties that are rented out through tenancies or via month to month leases, and don't include time-share properties or bed and breakfast homes.

• All units offered for STRs (or bed and breakfasts) must receive a Special Permit from the town and pay associated fees.

• Site plan approval from the planning board will be required for all STRs and B&Bs.

• Property owners will be required to show proof that each STR or B&B is registered with the Massachusetts Department of Revenue, and pay applicable state and local taxes.

• STR and B&B special permits would be renewed every three years. A renewal fee determined by the Zoning Board of Appeals and approved by the Select Board would apply.

• The maximum number of guests per bedroom is two. Children under the age of 12 are not considered in the total number of guests.

• The owner shall provide one parking spot per bedroom.

• Owners must keep an up-to-date log of all renters, and make it available for inspection by the Board of Health and Department of Public Safety at all times.

• In the Residential/Agriculture zoning district, permission to operate STRs and B&Bs is available only to a private owner, a legal resident of Westport, or a trust in which the trustee is a legal resident of Westport.

• Owners are responsible "for all aspects of the rental including the conduct of their renters."

• Prior to being issued or renewing a Special Permit, owners must provide a description of the rooms being rented, contact information, fire and health inspection reports, a water potability test if not on a public water supply, and a report from the zoning enforcement officer.

• Owners who violate the bylaw's provisions will be issued a warning on the first offense, a $100 fine on the second, $200 on the third and $300 on the fourth and subsequent offenses. Following a third offense, the zoning enforcement officer may suspend or withhold renewal of the town's Special Permit or Site Plan Approval, and his ruling is appealable to the zoning board of appeals.

• Residential properties designated as affordable or income-restricted cannot be used as STRs, nor can accessory apartments as defined in the town's bylaws.

• Renters shall maintain liability insurance.

• Renting for less than 24 hours or more than 30 consecutive days is not allowed.

• The owner is responsible for removing trash at least once a week.

• Commercial meetings and events aren't permitted.

A first step

Members of the planning board, who have been compiling area towns' regulations for some time, met two days after the new committee held its inaugural meeting. Several members said that while they're likely to change here and they're there a good — and much-needed — start. With the town's recent experience with an STR on Spinnaker Way (see sidebar), something needs to be done, John Bullard said.

"This is a raging fire, you've gotta put it out," he said. "To think you're going to get it perfect (from the start) is crazy. Don't worry about it. You're going to find out as you implement it in the first year, some things you didn't get quite right. And you should expect that. To think we have to pe perfect out of the gate is maybe unrealistic."

The most important thing to do at this point is work with the public to come up with a final draft that is workable: "We have to look at the electability of the bylaw," Bullard said. "Can we get most people to buy into this so we can adopt it?"

That's very doable, Burris said.

"We're not reinventing the wheel," the town planner said. "We're taking guidance from what other communities have done and pulling that over for what works in Westport. I think it's feasible."

What’s next?

The committee will meet next this coming Thursday, Sept. 28, at 1:30 p.m. at Town Hall. Members include Mark Schmid and Bob Daylor from the planning board, Roger Menard and Gerry Coutinho from the zoning board, and Tanja Ryden from the board of health.