05/04/2026 Annual Town Meeting (2)

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Explanation: This article proposes to amend the Town’s Zoning Bylaw to add a definition of short-term rental to clarify, in light of recent litigation, that it is an explicitly authorized principal use of a home in the R-3 and R- 5, and C-1 and C-2 districts, where individuals have already applied for and received a Rental Certificate in accordance with Section 106-8(C) of the Town Code. The amendments also clarify that short-term rentals are a permissible accessory use of a home in new situations. Because the case law on accessory uses is complex and fact-specific, a determination whether the short-term rental use is “incident and subordinate to and on the same lot as a principal use” will likely result in enforcement requests for the Building Commissioner. Those enforcement decisions would then be appealed to the ZBA, who would make a determination after a hearing, and then appealed to Court. All operators also still need to comply with the Town’s Rental Property Bylaw. This option allows the Town to maintain the status quo with respect to existing principal use short-term rentals and new accessory use short-term rentals, while affording the Town additional time to investigate the regulatory framework to support new or additional short-term rental uses. Article 31 requires a 2/3 vote to pass. The Select Board recommends approval of Article 31 by a vote of 5-0 The Finance Committee recommends approval of Article 31 by a vote of 7-0 Motion made by Select Board Member Weeden Motion: I move the Town vote to approve Article 31 with the following amendment: In use table I.5, to insert the sentence “Rentals as an accessory use shall require exclusive occupancy by an owner, host, or other natural person who has the legal right to occupy the dwelling unit of either a) not less than one bedroom on a year round basis or b) of the entire dwelling for not less than eight (8) cumulative months of the calendar year.” after the sentence “Renting an existing dwelling on a short-term or long-term basis.” and with the exception of the phrase "or take any other action relating thereto”. Planning Board Chair: After a public hearing on April 15, 2026, the Planning Board voted unanimously to recommend approval of Article 31 as amended. Motion passes 214 to 34 at 9:25PM Article 32 To see if the Town will vote to amend the Mashpee Zoning Bylaws Sections 174-17 Continuance; Extensions; Alterations and 174-17.1 Raze and Replace by changing the wording as follows: ARTICLE V - Nonconforming Buildings and Uses §174-17 Continuance; Extensions; Alterations A. Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. B. Nonconforming single- or two-family dwelling structures may be changed, extended or altered as of right if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174- 31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. For the purposes of this section and Section 174-17.1.A. below, minor alterations to a structure on a pre-existing non-conforming lot, where