The Residences at the aquarium at 120 nantasket avenue. [FILE PHOTO]

By Carol Britton Meyer

The planning board this week denied the request by a co-owner of the Residences at the Aquarium condominium complex at 120 Nantasket Avenue to modify the building’s condo documents to allow short-term rental of individual units.

Director of Community Development and Planning Chris DiIorio told The Hull Times in response to an inquiry before Wednesday’s meeting that some “residents would like to be able to rent their units for less than 30 days, which is allowed in the commercial recreation zone, but there is language in the condo documents that restricts rentals to more than 30 days.”

When the planning board earlier reviewed and approved the condo documents, there was a discussion regarding short-term rentals – “so the thought is that to change them would require the planning board’s review and approval,” according to DiIorio. “It’s still a condominium building, but some residents want to rent their units for less than 30 days.”

Before voting on the modification request by co-owner Jonathan Leavitt, who attended Wednesday’s Zoom meeting, longtime board member Jeanne Paquin – who was appointed to the board last week after being defeated in the May election – pointed out that this decision required that the board first determine whether the modification was minor or major.

Leavitt confirmed that while the initial thought was that some buyers would not want other condominium owners to offer short-term rentals of their units, “that has proved not to be the case.” In fact, some potential buyers are specifically asking about whether short-term rentals (under 30 days) are allowed.

“We’re making this request in response to requests from buyers,” he said.

The final decision would be made by the condominium board, “which doesn’t mean the request would be approved, but [gaining] planning board approval would mean short-term rentals are not restricted by the town,” Leavitt said.

Paquin, while understanding that short-term rentals are allowed in this zoning district, recalled that the board approved the project as condominiums in 2023, with an option to rent them out for no less than one month.

“I believe that [allowing short-term rentals] would change the whole tenor of the property,” she said.

Board member Abby Klieman said she was concerned that if this modification were to be approved, “I think other [owners] would be lining up to request the same.”

Board member Lisa French noted that the development is across the street from a small motel offering short-term rentals.

“I’m just putting my thoughts out there,” she said. “There aren’t many homes in that area except above on the hill, and I’m not sure a lot of residents living close by would feel any impact.” But, she noted, “I’m not saying this would be a good thing.”

Short-term rentals are not what the planning board approved, Paquin reiterated.

“We always say we want people to move to town and become members of the community, but [allowing this modification] doesn’t seem to be heading in that direction,” she said.

Following some discussion, the board voted 4 to 2 that the modification should not be classified as major while at the same time denying the request for a modification to the condo documents, also on a 4-2 vote. Determining that this constituted a major modification would have required a public hearing. Board member Chandelle Schulte was not present.

When asked by French how many of the 21 units have been sold, Leavitt said four are under agreement or closed, with “more in the pipeline.”

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