To the Editor:
Re: Mattapoisett Room Renting
I do not rent my house or any part of it, and I have no intention of doing so; I do not have a dog in this fight. However, I sympathize with Mr. Calano, who comes to Mattapoisett for peace and quiet, only to find a rolling summer-long frat house party across the Ship Street extension from him. I have less sympathy for Mr. Bobola and the ZBA, who together have issued and upheld a cease and desist order forbidding the rental of a Mattapoisett house. I believe that, were they to check with town counsel, they would find that the order is not worth the paper that it is printed on. Bylaw 5.1.2 refers to the renting of rooms, not the renting of homes or houses. While I know nothing of the history behind this bylaw, it would seem, by its clear language and likely intent, fashioned to prevent anyone from running a rooming house in a single family residence zone. Rent an in-law apartment or a room or two, fine. Run a rooming house, no way. Since the bylaw does not mention the renting of a whole home, it is totally irrelevant to the case before the ZBA that led to the issuance of the cease and desist order.
Think of the economic consequences to the town if the ZBA interpretation is found to be correct. The town has a substantial summer population. Few owners have two-month summer vacations, so many summer houses are rented out for a month or so. Rent helps cover real estate taxes and other expenses. If these properties cannot be rented, some will have to be sold, prices will be reduced, those summer house owners who do not sell will apply for abatements based upon now reduced comparable sales, and town real estate tax totals will take a noticeable hit. On top of all that, the town will need to hire an assistant to Mr. Bobola to write up all the necessary C&D orders, to rid the town of the scourge of rental housing. But look on the bright side – lots of work for lawyers in determining whether these orders constitute unconstitutional takings.
Sincerely yours,
Ned Watts, Mattapoisett
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