Wells Select Board reviews draft short‑term rental code changes, flags exemptions and enforcement details

Select Board members spent the bulk of their meeting reviewing draft town code amendments intended to govern short‑term rentals in Wells, with discussion centered on licensing criteria, geographic exemptions and enforcement.

The board’s presenter, Select Board member 7, said the package includes changes to the land‑use chapter (Chapter 1‑45) and the licensing chapter (Chapter 1‑50), and that the drafts reflect prior workshop direction from the board. "Because it involves both possible amendments to the land use chapter, chapter 1 45, as well as licensing, chapter 1 50, you'll note that I provided draft amendments for each of those chapters," Select Board member 7 said.

Why this matters: the drafts would create a short‑term rental overlay limiting where new short‑term rentals can be established, set per‑person license limits and require on‑call contacts for nuisance or emergency responses. Those rules affect homeowners seeking to rent properties for short periods, neighbors concerned about nuisance events, and town staff charged with enforcement.

Key details and outstanding questions

- Exemptions radius: Board members debated whether the student/employee exemption should use a 50‑mile radius "as the crow flies" or a larger 75‑mile radius to include locations such as Brunswick and Boston. Select Board member 5 said 75 miles would better capture Brunswick and Boston; Select Board member 2 said 75 was acceptable. "For 50 miles, it gets us just north of Salem...75, probably," Select Board member 5 said.

- Per‑owner cap: Draft language limits an individual to three short‑term rental licenses. Members flagged ambiguous wording that might allow repeated applications during the year. Select Board member 6 asked that the ordinance refer to licenses "issued or in effect" so the intent — a maximum of three active licenses per person at any given time — is clear.

- Grandfathering date: The draft includes a placeholder that would grandfather preexisting rentals; the board asked whether the cut‑off should be the date the matter was first considered in public (today) or the town meeting date. Select Board member 7 said the grandfathering date could be discussed further and left a placeholder for the annual town meeting in June.

- On‑call responder and response time: The licensing language requires applicants to name a natural person who can respond on‑site to complaints; the draft used a 60‑minute on‑site response in emergency or nuisance situations but members said they would confer with Chief Putnam on whether 60 or 90 minutes is preferable. "That available 24/7 to respond on‑site within 60 minutes of notification of any complaint related to [the rental]," Select Board member 7 said, noting there would be discretion depending on severity.

- Inspections and self‑certification: The draft leans toward a self‑certification approach for compliance (applicants attest to meeting standards) rather than routine staff inspections; board members cautioned that some lodging categories currently list multiple courtesy inspections and that the inspection chart should be reviewed for consistency with the licensing chapter.

Next steps

Board members agreed to workshop the licensing chapter (Ch. 1‑50) first to refine standards that can be incorporated by reference into the land‑use overlay (Ch. 1‑45). Several members said the licensing language should be tightened to prevent gaming of the annual application window and to clarify enforcement and appeals pathways. The board did not vote on the ordinance tonight and directed staff and the drafting member to schedule follow‑up workshops and include the item on a future agenda for further public review.

Quotations in this article are taken verbatim from the meeting transcript and attributed to the speaker labels used during the meeting. The board’s discussion also referenced precedent court cases and the practical goal of parity where feasible between lodging facilities and short‑term rentals.

Ending: The board concluded the discussion by agreeing to continue work in a series of workshops and to return with revised language for the licensing chapter for further public review.