Select Board amends recommendation on short-term rental bylaw, removes Select Board approval clause

The Select Board on Feb. 23 debated and amended Article 17, a proposed short-term rental bylaw, and voted to recommend Town Meeting adopt the bylaw as printed but with a late amendment removing the phrase "subject to approval by the Select Board" from section 13.

The discussion centered on the relationship between the Select Board and the Board of Health. The Chair explained the amendment was intended to clarify that the Select Board would not manage daily administration but sought the opportunity to review substantive written rules and regulations. Multiple Select Board members, committee representatives and counsel debated whether requiring Select Board approval of Board of Health rules would amount to improper oversight or cede authority the Select Board does not possess.

Elizabeth Klein, a member of the Short-Term Rental Advisory Committee, and other committee members advised the board to strike the approval clause so the Board of Health retains authority to promulgate rules, while the Select Board could provide input through established referral or comment channels. After motions, the board voted to recommend Article 17 as amended (the amendment removes the "subject to approval by the Select Board" phrase from section 13).

Select Board members also discussed options including voting the article as printed, recommending indefinite postponement or recommending adoption as amended. The board's final vote supported the amended recommendation. Town counsel clarified procedures for rulemaking and interactions between boards, and members urged a broader future conversation about the relationship between the Select Board and other regulatory boards.

The recommendation will go to Town Meeting for final consideration; the Select Board's vote tonight reflects its advisory recommendation, not a change to the Board of Health's statutory authority.