Townsend ZBA approves special permit to allow long‑term rentals at 159 Brookline Road

The Townsend Zoning Board of Appeals on a 4–1 vote granted a special permit authorizing long‑term residential rentals at 159 Brookline Road, changing how nine motel units may be used.

Town Counsel Adam Costa told the board that Section 145‑18 of the town zoning bylaw — the clause addressing extensions and alterations to pre‑existing nonconforming uses — can be interpreted in different ways and that courts have produced mixed results. As Costa read the bylaw language into the record, he told the board: “Pre‑existing non‑conforming structures or uses may be extended, altered, changed, or rebuilt only by special permit from the board of appeals and subject to the provisions of section 145‑65.” He said some municipalities have read that language to permit conversion to a use that would otherwise be prohibited if the board finds the new use is not “substantially more detrimental” to the neighborhood; other municipalities limit Section 18 to more like‑for‑like alterations.

Board members debated that legal framing and the facts specific to 159 Brookline Road, which the record shows consists of nine previously permitted motel units and associated structures on roughly 2.22 acres. Former board member Darlene Sedado, who served on the ZBA when earlier decisions were made, told the board she recalled the 2009–2010 approvals found the site’s motel use to be a pre‑existing nonconforming condition and that the earlier permits authorized reconstruction that retained kitchens. “I did serve on the zoning board when that decision was made,” she said, urging caution about treating the current request as identical to past approvals.

Board members and staff worked through the special permit criteria in section 145‑65, considering site adequacy, traffic and parking, sewage and water, utilities, neighborhood character and environmental impacts. Staff reported the Board of Health and supporting Title V documentation indicated the septic and well on the property are adequate for long‑term residential occupancy. Some members argued the Outline Commercial District (OCD) is intended to promote commercial uses and that converting motel units to long‑term rentals could reduce commercial opportunity; others said the practical impacts on traffic, utilities and neighborhood character would not be materially different and could be preferable to transient occupancy.

After deliberation the board voted on an amended motion to grant the special permit for the property at 159 Brookline Road pursuant to sections 145‑18 and 145‑65 of the zoning bylaw, amended to explicitly authorize long‑term rental use. The tally reported on the record was: Kobe (yes); Robert (yes); David Chanel (yes); Vicki Janiki (yes); Darlene Sedado (no). The motion passed 4–1. The board instructed staff to finalize the written decision for recording with the town clerk and noted the 20‑day appeal period that follows recording.

The board chair thanked Town Counsel Adam Costa for attending and explaining the statutory and bylaw context. Adam cautioned the board that while the bylaw provides authority to impose conditions — including time limits or transfer restrictions — those choices carry practical consequences, such as potential effects on financing if a permit is limited.

The written decision will list standard conditions and require the applicant to comply with building, health, and permitting rules; members indicated no additional bespoke conditions (such as a transfer‑triggered review or a short expiration) were imposed beyond standard boilerplate. Staff said they would prepare the formal decision and submit it to the town clerk for recording.

Next steps: the decision will be certified by the clerk after a 20‑day appeal window. If no appeal is filed, the applicant may record the decision at the registry and proceed with any necessary building permits and compliance obligations.