Pittsfield Council OKs Short-Term Rental Regulations

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The city has created regulations for short-term rentals, allowing them for 150 days of the year. 

Last week, the City Council approved a zoning amendment that allows the operation of short-term rentals and a licensing process. Popular STR companies such as Airbnb and Vrbo provide a marketplace for units that are rented for 30 consecutive days or less. 

"If you complain about a short-term rental, right now, there is no ordinance, so if you make a zoning complaint, the zoning enforcement officer, our building commissioner, will say, 'There's no ordinance. I can't do anything about this complaint.' He'll drive out to the property, look at the house, say, 'Hey, that's a house. Is it a short-term rental? I don't know. We don't know. We don't have any definition of what a short-term rental is,'" City Planner Kevin Rayner explained. 

The complaint would then end up at the Zoning Board of Appeals, where they are "put in a tricky situation," he said, because the city was without formal guidance. 

The ordinance gives a definition for short-term rentals and related terms, creates a process for licensing, and provides a standard for the enforcement of any issues. The City Council sent it to the Ordinances and Rules subcommittee, which added a special permit criterion for additional STR units allowed if the original is owner-occupied. 

"Other than that, the petition is largely unchanged from the last time the council has heard it," Rayner said. 

Ward 2 Councilor Brittany Noto recognized the need for this, "because right now we have sort of this black hole of deregulated activity happening," she said.  

Noto had questions about the enforcement of a 150-day cap for rentals, and it was reported that the city will rely on some good-faith reporting and attention from several different departments. 

Rayner said there will be dual enforcement, with zoning handled by the building commission and the licensing handled by police, fire, health, and building departments, who would then hand enforcement action to the licensing board. 

"The idea here is that there's a lot of different evidence that can go into whether a short-term rental is out of line or not," he said. 


"And it's kind of not hard evidence that you can prove, but all these factors go into the Licensing Board's determination that the short-term rental is acting out of order and needs to have their license suspended or restricted." 

Noto also had concerns about state tenant laws, in which it takes seven consecutive nights of sleep in place to create a tenancy, overriding local ordinance. 

Councilor at Large Alisa Costa cited a recent study from the University of Massachusetts' Donahue Institute that showed that since 2004, 23 percent of Pittsfield home sales have been to investors. She said, "Not all investment is negative," but housing is a critical issue for the city. 

"We have a huge shortage of housing in Berkshire County and across the region, even as our population is declining, because we have many more households than we used to have," she said. 

"So we need a lot more housing, and we should be concerned about this, and we should keep track of it." 

Costa observed that it doesn't take an STR operator in Berkshire County as long to earn the equivalent of a month's expenses as it would in other parts of the state. 

Ward 6 Councilor Dina Lampiasi said she unsuccessfully proposed a 90-day cap at O&R.

"As we're talking about the camping ban ordinance, which is tied to so many other social problems that we have in the city that are actually national problems, we have a very real issue of housing, and this is not helping our housing," she said. 

"I'm concerned about it, and I would like for us to have a lower threshold there." 

She again unsuccessfully motioned to change it to 90 days, but said, "I see no reason not to support it, and I think it's an indicator of how invested we are in addressing the systemic problems here in our city."


Tags: ordinances,   short-term rentals,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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