Rochester voters strike down zoning law changes

ROCHESTER — Voters at the Jan. 27 Special Town Meeting rejected two changes to the zoning bylaws that would have created additional housing regulations in the town.

Voters struck down an article that would have regulated short term rentals such as Air-BnBs and VRBOs.

The proposed zoning bylaw change would have created numerous requirements for property owners including registering with the building department, restricting rental duration times and keeping a guest log. The bylaw would have also capped the total number of short-term rentals allowed in the town at 30.

Although there is only one Air-BnB in Rochester listed on the company’s website, several residents, who said the change would affect them, spoke out against its approval.

Ken Josephson said he and his wife recently purchased a cottage next to their property that has been empty for 25 years, which they hoped to offer as a short-term rental in the near future.

“I think this regulation is overreaching and punitive and singles out the very few individuals in the town who offer short-term rentals,” Josephson said. “It’s looking to solve a problem that doesn’t exist.”

Voters also decided against a zoning bylaw change that would have added additional local regulations to the Affordable Homes Act.

The act is a state law which passed in August 2024 and amended zoning laws statewide to allow properties zoned single family to have a second independent living space, commonly known as an accessory dwelling unit.

The article voters did not approve would have “Rochester-ized” accessory dwelling units, according to Town Administrator Cameron Durant. The proposal stipulated design and building requirements owners would have to adhere to on top of the requirements laid out by the state.

Planning Board Chair Arnold Johnson spoke out against the article. Johnson said that many of the additional regulations proposed in the article are already covered in existing zoning bylaws. He added that the state continues to “move the goalposts” on the general requirements for accessory dwelling units.

“The state’s going to pass their guidelines, once they get those in place we can always come and tweak them at a future Town Meeting,” Johnson said.