Strong feelings about short-term rental regs

CORNWALL — The issue of short-term room and house rentals continues to generate strong opinions in town, with many people saying they feel strongly that they should be allowed to rent space or their homes for short periods. 

The process of reviewing the matter of short-term rentals began at a Dec. 8 meeting of the Planning and Zoning Commission (P&Z).

No zoning regulations have been proposed at this time. P&Z members will begin reviewing information on a request from the Zoning Board of Appeals (ZBA). It was part of their decision to uphold an appeal by Stacy Marcin and Mark Hampson, owners of The Cornwall Inn, of a decision by Zoning Enforcement Officer (ZEO) Karen Nelson. 

ZBA also approved, by a split vote, recommending that rentals of fewer than 30 days be regulated by special permit.

At issue were short-term rentals listed online, at sites such as Airbnb. Although Nelson investigated a list filed with the initial complaint of 14 rental properties, she found little of concern.

Upon being advised of the situation, bed-and-breakfast (B&B) operator Amelia de Neergaard voluntarily stopped taking guests. She submitted a special permit application on Dec. 8. A public hearing will be held Jan. 12.

Nelson concluded that since Cornwall’s zoning regulations are silent on rentals, there was nothing for her to enforce.

This matter does not apply to B&B establishments — which are regulated, primarily because food is served — but to rooms, guest houses and primary homes that are rented to visitors. 

Transient rentals are a part of Cornwall’s economy, and are credited with helping some property owners remain in their homes. 

ZBA based its decision on the advice of Town Attorney Perley Grimes, who said Cornwall’s zoning regulations are permissive, meaning anything not regulated is not allowed.

The P&Z meeting attracted a moderately sized crowd, although there was no public comment on the agenda for the matter. In fact, the commission was asked at three different points in the meeting, by a resident and the first selectman, to refrain from attempts to inappropriately open a public discussion, or reopen discussion at the end of the meeting, after most of the public had left.

Nelson sought legal advice about a ZEO’s authority to inspect properties. It requires a court order, she said, and can be dangerous. She often takes a state trooper with her, and has been threatened.

Read into the record was the fact that about a dozen letters had been received. Rather than read them all that evening, Nelson said they would be available to the public at Town Hall, and she would take the time to scan them all and post them at www.cornwallct.org.

The letters represent about 150 people. 

One was submitted by Sebastian Beckwith, who owns and rents out the old Cornwall Bridge train station. It was signed by 120 people and opposes changes to the regulations. The letter calls Marcin’s and Hampson’s actions a campaign to remove their competition.

“Now, for the first time in the history of Cornwall, the inn owners want to make it illegal to rent a house for less than 30 days. For the rest of us, that means no ski season rentals, no Memorial Day weekend rentals, no two-week vacation rentals in July,” Beckwith wrote.

“We feel the zoning process has been manipulated to the inn owners’ advantage, at the expense of all homeowners in Cornwall. We are requesting that the zoning board make a clear, official ruling that renting your own home remains our right.”