Published in the June 29, 2016 edition
By DAN TOMASELLO
LYNNFIELD — The ongoing dispute between the town and 8 Needham Rd. homeowner Alexander Styller over the homeowner’s plan to rent the property for short-term rentals is headed to the Zoning Board of Appeals.
The looming showdown between the town and Styller comes in the wake of 33-year-old Keivan Heath of Randolph being shot and killed at a house party at the home on Sunday, May 29. Police found Heath suffering from multiple gunshot wounds after arriving at the scene, according to published reports.
Heath was pronounced dead at Union Hospital. He was the father of two children.
Essex County District Attorney spokeswoman Carrie Kimball Monahan said the investigation into Heath’s murder is “ongoing.”
“Our State Police Detective Unit is working with local police on solving this crime,” said Kimball Monahan.
In an interview with the Villager, Zoning Board Secretary Winnie Barrasso said the ZBA will most likely discuss the 8 Needham Rd. matter at its Aug. 2 meeting.
According to a copy of the appeal obtained by the Villager, Styller has filed an appeal of Building Inspector Jack Roberto’s cease and desist order seeking to prevent Styller from renting the home “for lodging purposes on a short-term rental basis” because doing so violates the town’s zoning bylaws that prohibit short-term rentals in the single-family zoning district.
These types of rentals are classified as a hotel, lodging or rooming house use. A special permit only allows lodging house uses from the Zoning Board of Appeals, which Styller has never obtained, Roberto’s letter stated. The order also requires Styller to “remove all mention of the premises from the Airbnb website and any similar marketing platform.”
In the appeal, Styller requests the “Lynnfield Zoning Board of Appeals to vacate and overturn” the cease and desist order.
“In addition, Styller requests the Lynnfield Zoning Board of Appeals to make findings of fact to wit that the rental of a Styller’s personal residence on a short-term basis does not constitute the operation of a hotel or lodging or rooming house as those terms are used in the zoning bylaws of the town of Lynnfield,” reads the appeal.
Additionally, Styller argues in his appeal that he has “discontinued leasing (the property) for the purposes of parties and events and has adjusted his Airbnb (account) accordingly.” In May, Styller told media outlets he rented out his 8 Needham Rd. home over Memorial Day weekend to a group of people for what he thought would be a small college reunion of about 20 people.
“At the time of the appeal, Styller only holds the property out for short-term vacation rentals,” reads the appeal. “The property is rented only for vacation type rentals ranging from two days (weekend rentals) to one month. Styller only rents the residence in its entirety — as a single unit to one renter.”
According to the appeal, the home’s rentals are “are not regular” and “these rentals usually occur when Styller is on vacation and are limited in number.”
In the appeal, Styller argues the zoning bylaw’s Single Residence RC Zoning District “contains no express provision restricting the rental of a single-family residence as a whole — including vacation rentals.”
“Lynnfield does permit in the RC district, as an accessory use (allowed without a special permit), the regular renting of rooms or the furnishing of table board in a dwelling by prearrangement,” reads the appeal.
Styller based his appeal on several areas.
• Styller’s infrequent vacation rentals of his personal residence are expressly allowed by the Lynnfield zoning bylaws.
• Styller’s residence does not constitute a hotel as defined in the Lynnfield zoning bylaws or under Massachusetts’ law.
• Styller’s residence does not constitute a board or rooming house as defined in the Lynnfield zoning bylaws or under Massachusetts’ law.
• Styller’s residence does not constitute a lodging house as defined in the Lynnfield zoning bylaws or under Massachusetts’ law.
