ROCKPORT — More than 20 members of the public offered comments or concerns at a Nov. 9 meeting of the Rockport Select Board over a draft ordinance that, if approved by voters, would impose regulations on short-term rentals throughout the town. The overwhelming majority of citizens who spoke questioned the need for such a document, and in some instances expressed anger over the manner in which the draft was written and the very format of the meeting itself.

Although originally the meeting was planned to be held at the Rockport Opera House on Monday night in person, with members of the public invited to attend, a recent increase in COVID-19 cases resulted in the forum being held remotely via Zoom.

Those citizens posing questions to the Select Board following a presentation of the draft ordinance by Select Board Chair Debra Hall, were able to do so via Livestream or as participants in the Zoom call (a sign-up system for the call was provided by the Town Office) A time limit of three minutes per caller was set for citizens wishing to make public comment.

The document in discussion was a draft ordinance prepared by Hall, Denise Kennedy-Munger and Bob Hall, all three of whom are attorneys. Kennedy-Munger sits on the Select Board; Bob Hall is a member of the Ordinance Review Committee. 

If enacted by voters, the ordinance would limit the number of short-term rentals allowable in particular zoning districts throughout Rockport, require each homeowner wishing to rent out their property to register with the town Code Enforcement Officer each year and be willing to have their property inspected by the Code Enforcement Officer and the Fire Chief. 

Regulations include a minimum number of nights per stay (7), occupancy limits, as well pertain to when garbage is removed from properties, requirements for waste removal from the site, and differentiate between short-term rentals (STRs) with owners on site and those which operate with the owners living elsewhere. Non-owner occupied STRs were cited in the introduction of the ordinance as properties with the most complaints associated with them. The ordinance also seeks to “grandfather” some existing STRs into perpetuity, but also would regulate which zoning districts in Rockport were appropriate for such properties  to operate in.

Board discussion

During her presentation of the draft ordinance, Hall said “some feel their neighborhoods have experienced a loss of community” as a result of STRs, but that others “rely on the income from these to maintain ownership of properties.”

She said she expected there to be more drafts and further discussions of the document before a final copy is written, and that this ordinance could appear before voters on the June ballot in 2021.

Hall had said at previous meetings that the draft was the result of input from the Select Board as well as citizens, some of whom favored STRs, but also a number of whom had complaints associated with them.

At the Nov. 9 meeting, board member Jeff Hamilton recommended that the ordinance be written to explain the grandfathering process of STRs from one one owner to another more clearly. Board members Michelle Hannan and Mark Kelley each asked about the number of complaints that the board or the town had received about STRs.

Kelley asked Hall and Kennedy-Munger why no complaints associated with short term rentals were on record according to Police Chief Randy Gagne when he spoke before board last year.

Kennedy-Munger said that the complaints were not categorized by police in a manner where that information would be listed.

Kelley then asked Town Manager Bill Post if Gagne could check for incident reports related to STRs over the past year, during which time there had been continued discussion on the subject during Select Board meetings and through public workshops.

“Let’s set some parameters here or we’re going to be here all night. I guess what I failed to say upfront is that people please focus on this draft. This not a workshop on whether we like short term rentals or not,” said Hall.

Public comment

Tim Montague, who operates a non-owner occupied STR, said he uses a management company to maintain his property, and asked why a distinction should be made between his and owner-occupied rentals when he employs a manager who is actively involved in its operations. Jamie Weymouth, the proprietor of multiple rental properties, asked why the town would be defining setbacks associated with existing structures on properties as well as features such as fire pits.

“There are setback for a reason, those are structures, and we can’t start deciding what we pick as a structure and what we can’t pick as a structure because then you guys become complete police of what people can have on their property,” said Weymouth, adding that he agreed with an off-street parking requirement proposed in the ordinance.

“Grandfathering people in? I think that people who are investing in the community and want to come in the community should have the right to rent their properties,” he said.

Rockport resident Doc Wallace said: “Let me just say at the outset this is a sham. This is three [board members] who are driving this through and we’re gonna get this in June, no matter what they say.... I am really unalterably opposed to this legislation, it is a violation of property rights. One of the things that has driven this is this nutty ‘village vibe’ concept that all these citizens of Rockport have created this wonder village and everything else, and now the people like us, that are renting, are ‘selling’ this to outsiders.”

Wallace operates an owner-occupied rental property.

Sharyn Pohlman, a Rockport resident, asked how Debra Hall’s husband, Bob Hall, was chosen out of the other Ordinance Review Committee (ORC) members to draft the ordinance. 

“He is a lawyer with expertise in drafting laws and regulations including the solar farm ordinance and some of the most recent ORC regulations.... It is impossible to draft by committee; someone has to put the first words on paper,” said Hall.

“I know there’s some suspicion that by being drafters then we’re somehow driving the agenda..,” said Kennedy-Munger.

“You are, though. I believe that’s the case, yes,” said Pholman.

“I would love to hear specific concerns or what you would like [the ordinance] to say instead. There’s no pride of authorship in this drafting – it’s a ‘straw man’ ready to preset to our community,” said Kennedy-Munger.

Victor Steinglass, said that, having lived in Rockport for over 40 years, he was unconvinced of the need for the ordinance. 

“Anyone walking down the street can’t tell the difference between a property that is rented and one that’s not,” he said. “You will have problems with people that rent,  as you would with owners, and owners would stay there forever. If there’s a problem, talk to the people. You do it nicely. And if [behavior] carries on you have the police you could go to for that.”

James Lott, of Camden Accommodations, a rental management business, said that he has five full-time employees as well as a team of 20 cleaners, landscapers and electricians who maintain rental properties in the area.

He said that what was financially and generally such a difficult year as a result of the pandemic was salvaged by unexpectedly good rentability in the area as a result of safety and operating procedures already in place on a state level. 

“I think we did a great job, I think the town did a great job. Everybody was respectful. It could have been a lot worse, but it turned-out pretty good. If there are certain regulations set [through the ordinance] it will hurt my business,” he said.

Multiple members of the public asked the board to table consideration of the ordinance indefinitely, or until the pandemic was over, citing the additional income as a result of STRs or available housing as particularly important during this time.

Others pointed to institutions such as the Maine Media Workshops, which have historically relied upon short term housing to accommodate visiting students or teachers, as well as Pen Bay Medical Center, which attracts travelling nurses to the area.

Felicia Giordano asked if hotels would be required to inform renters of leash laws and provide trash removal on a 24-hr basis the way rental owners would under the ordinance. She pointed out that under current lodging laws in Maine, rules relating to lodging, “private homes shall not be subject to a license where no more than three rooms are let.”

She said she viewed the draft as a violation of property rights.

Betsy Elwin spoke in favor of an ordinance regulating short term rentals.

“I think to say we don’t need a regulation because there’s no problem is ignoring the fact that there are people who have had problems,” said Elwin. “They might not be police problems, but they’re problems that cause people to lose the enjoyment of their properties. To say ‘this impinges on my property rights’ doesn’t consider the other side of the balance which is your neighbors...Thank you for putting this forward. I know it needs work and that’s the point.”

Another caller, identified only as “Kyle,” described the benefit of potential short-term rental regulations, referring to housing markets in Denver, Colorado, which she had seen overrun by STR properties and with little to no long-term rental options.

Both Clare Tully and Julie Wheaton questioned that there was adequate documentation of complaints filed with regard to STRs.

Wheaton mentioned an instance involving Hall having her driveway blocked by a renter, and noted that a complaint had been made by Planning Board member John Viehman, as well, but reiterated the sentiment that resources such as the police department exist for such a purpose.

The next meeting of the Rockport Select Board will be held Monday, Nov. 23 at 5:30 p.m.

Reach Louis Bettcher at news@penbaypilot.com