Planning commission presents package of bylaw changes including new short-term rental rules and poultry limits

The Shaftesbury planning commission presented a package of proposed bylaw changes at the select board’s July 6 meeting, asking for feedback before formal hearings. Tim Scott, chair of the planning commission, said the changes aim to simplify administration and bring current practices in line with state rules.

Scott said the commission would like a short, no-cost demolition permit so the town can track when buildings are taken down and update lister cards. "We just would like it if they would come in, let us know that they're doing that," Scott said, describing the form as a recordkeeping tool rather than a prohibition on demolition.

The package would raise the maximum building height in several zones from 30 feet to 35 feet to allow three-story peaked-roof houses. Scott explained that height is measured from the ground to the average between eaves and peak and said neighboring fire departments reviewed the proposal and "did not object" on safety grounds.

Carlin Mickel, the town’s zoning administrator, described proposed changes to home-occupation rules that would consolidate definitions across zones and shift many approvals from the Development Review Board to the zoning office. The proposal would limit the area devoted to a home occupation to 30% of the primary residence in most zones; Scott noted that many towns use similar thresholds. Mickel said the change is intended to make compliance easier and reduce the cost and burden of a DRB hearing, which currently carries a $275 fee. The zoning office would offer an optional town directory for home businesses and a small administrative fee for listing.

On poultry, the commission proposed a village-only ordinance intended to prevent nuisances in denser neighborhoods: poultry must be kept on the property, kept in humane conditions, and be limited to female chickens only, with a cap of six birds on lots with less than one contiguous acre. Scott said the text was drafted in light of Act 166 language limiting municipal regulation of agriculture.

The most contested element was a separate short-term rental bylaw for Airbnb- and Vrbo-style rentals. Scott and Mickel proposed that resident owners pay $150 annually to register and nonresident owners pay $600; owners would submit the state short-term rental safety, health and financial checklist and identify a local manager reachable 24/7. Mickel said the intent is to bring property owners into compliance without forcing every property into the DRB process. The draft includes a three-strikes enforcement sequence (warnings, a $100-per-incident fine, permit cancellation and possible referral to the town attorney) and a $50 late filing fee.

Mickel told the board the current bylaw makes most short-term rentals technically noncompliant: "If we do not pass something ... I will have to violate all 25 to 30 properties that are currently standing," she said, arguing the town needs a practical path to compliance.

Resident speakers and several short-term rental owners raised concerns about enforcement, perceived unequal treatment of long-term rentals, and the impact of fees—particularly on seniors or small owners. One resident asked why similar enforcement would not apply to long-term rentals that generate the same neighbor complaints; Mickel and other board members directed residents to the noise ordinance and nonemergency sheriff lines for acute disturbances and said long-term rental problems are covered by other local enforcement tools.

Scott said the planning commission will hold a formal hearing on the package and the select board will hold two hearings before any vote. He asked residents to provide feedback through the planning commission process and noted a town-plan survey has been posted online as part of a separate rewrite effort.

The select board took no vote on the bylaw package at the meeting and requested the planning commission proceed with public hearings and additional outreach.