The following is and article from The Falmouth Enterprise published on 2/27/26, pages 1 & 10, entitled, “Short-Term Rental Bylaw Fails To Win Select Board Chairman’s Support”.
Article 17 of April’s Town Meeting warrant will head to the voters without the support of the entire Select Board.
On Wednesday, February, 25, the Select Board voted its recommendations for a number of articles. Article 17, which seeks to adopt a short-term rental bylaw, did not receive the backing of chairman Robert P. Mascali.
Since the early stages of drafting the bylaw, by the Short-Term Rental Bylaw Advisory Committee, Mascali has expressed discomfort with ceding policy-setting authority to the Board of Health, the regulatory body that would have the authority of administering the bylaw.
At the last Select Board meeting, on February 9, the board voted in favor of adding Article 17 on the warrant, with the clarification from Mascali, that the Select Board would not oversee the day-to-day operations. However, the understanding was that the Board of Health would have the authority to promulgate written rules and regulations, subject to approval by the Select Board.
The bylaw was presented in the February 25 Select Board meeting packet and an amendment was proposed by Mascali to better clarify the board’s vote on February 9.
Selectman Douglas C. Brown, who is the chairman of the advisory committee, followed up, saying that he had forgotten to mention to the Select Board on February 9 that the advisory committee was in favor of Mascali’s position, subject to town counsel’s review.
While Brown may have not said it, Town Counsel Maura E. O’Keefe, on February 9, did tell the board that her understanding was that Mascali’s changes were subject to her review. And she said the proposed changes were improper.
“I have stated before that I do not think it’s appropriate for one regulatory board to approve the regulations promulgated by a separate regulatory board,” O’Keefe said on February 9.
This week, Mascali said to Brown, “I appreciate that your [committee] said that it’s all contingent upon counsel’s approval, but, with all due respect, this is a decision of the Select Board and not a decision of counsel as to whether or not this board wants to adopt that language in that article.”
“I agree with that,” Brown responded, “however, I also think it’s important to respect the vote of the committee. We’re kind of ruling over that.”
Much of Wednesday night’s discussion on the matter was Mascali’s effort to reiterate his desire for the Select Board to retain a policy-level role.
“The intent of this change is to further the understanding that the Select Board has nothing to do with the administration, with the oversight, with the concurrent authority of the Board of Health,” Mascali said, “All we are doing is retaining the right to approve written rules and regulations that they want to adopt, which are different then policy and procedures.”
Mascali characterized “policies and procedures,” as administrative while “rules and regulations,” he described as “more substantive.”
Vice chairwoman Heather M.H. Goldstone, who was not at the February 9 meeting, did not support Mascali’s changes.
“This is a bylaw regulating the behavior, the safety, the potential nuisance to neighbors,” she said. “Those are all things that are squarely in the purview of the board of health and I see no reason why the Select Board as the executive policy setting board for the town to be involved in that.”
Select Board members who were in attendance, have characterized Mascali’s position as “oversight,” which the chairman said is a “mischaracterization.”
To that, Select Board member Colin W. Reed said, “any kind of approval is oversight.” Reed added that adding Select Board approval language would set a precedent for involvement in the rulemaking authority of other regulatory bodies.
The board voted ultimately to advance Article 17 to Town Meeting with a recommendation that preserves the Board of Health’s independent authority to promulgate rules and regulations without requiring Select Board approval. Mascali opposed the recommendation and selectman Jack P. Richardson was not at this week’s Select Board Meeting.
The new language within the bylaw reads in part, “The Board of Health, or designee, is authorized to implement this bylaw. The Board of Health is authorized to promulgate written rules, regulations, policies and procedures for the administration and enforcement of Short-Term Rental licenses and to effectuate the purpose of this bylaw.”
Town Meeting is scheduled for April 6. Members will have the final say on whether to adopt the bylaw and in what form.