Town begins to establish process for regulating short-term rentals

CORNWALL — A special permit for a bed and breakfast (B&B) was approved by the Planning and Zoning Commission (P&Z), which also made strides toward dealing with the issue of short-term rentals.

An Essex Hill Road home that meets standards for such a non-residential use, including parking, sufficient septic and no significant neighborhood impacts, was approved Jan. 12 for B&B use, with little discussion.

The application was filed by Amelia de Neergaard and Rinker Buck. De Neergaard said she has been renting three of the six bedrooms in her residence for an average of 60 nights a year for the past two years, mostly during the summer, despite her proximity to Mohawk Ski Area. She does not serve breakfast there and has found most guests do not expect it.

She advertises through friends and the online www.Airbnb.com, which she praised for the screening process and property damage insurance it offers.

The application includes a $150 fee. De Neergaard said it took about six hours total to write a statement describing how her home is used and to confer with the zoning enforcement officer and Torrington Area Health District. The latter simply looks for a filing of a properly engineered septic system for the residence. That is based on the number of bedrooms and does not change for a rental property.

De Neergaard suspended operations last fall during a review of short-term rentals by the Zoning Board of Appeals (ZBA), particularly those advertised online. She was among those listed in a complaint by the Cornwall Inn seeking regulation of rentals of rooms or entire homes, and elected to seek permitting as a B&B.

Cornwall’s zoning regulations speak to B&Bs, mainly because of the meal component. But they are silent on residential rentals. That was the basis for a ruling by Zoning Enforcement Officer Karen Nelson. The ZBA overturned her decision on an appeal by owners of the inn. They acted on the advice of Town Attorney Perley Grimes, who said the regulations are permissive, meaning anything not addressed is not allowed.

While ZBA recommended P&Z consider regulating transient rentals of less than 30 days, the commission cannot take action until it receives that recommendation in writing.

ZBA alternate Joanne Wojtusiak told P&Z members they have yet to approve minutes from last fall’s ZBA meetings on the matter, which stems from the confusing nature of the topic.

“What people might have meant to say was not what they said when they went back and looked at the minutes,” she said.

She advocated not restricting an expected right of use of private property and spoke to the potential negative impact on the town’s economy.

“Burdens on that ability to rent would truly change the character of the town,” Wojtusiak said.

A steady stream of letters has been coming to P&Z. While the writers have varied views on whether or not short-term rentals are “historic and customary” in Cornwall, all support allowing them. Many called for some sort of regulations.

One, signed by 43 residents, cites the large number of potential rental properties and a need for regulations that would address serious issues that might arise. It also disputes that they are customary and notes that many residents erroneously believe ZBA is calling for not allowing rentals.

At their meeting, P&Z members heard from planning consultant Tom McGowan, who reviewed with them options provided by their attorney, Steven Byrne.

McGowan recommended P&Z act first to add short-term rental language to the Town Plan of Conservation and Development because of the widespread and polarized response of residents. The plan drives zoning, based on how it determines the town’s character should be protected.

Members were polled for their thoughts on a list of five options. They rejected waiting to write regulations until a policy is added to the town plan, as well as an ordinance that requires town licensing of rental properties.

There was a consensus that short-term rentals are a customary use here, that they should be allowed to continue and that some control is needed going forward. The consensus of the large number of residents who have commented at hearings and in letters is that significant change to the town should be avoided.

Members David Colbert (chairman), Jim LaPorta, Jill Cutler, Anna Timell, Josh Tyson and Stephen Saccardi favored adding a new section to zoning regulations that at least acknowledges that short-term rentals are a customary accessory use of a single-family residence in a residential zone. Most are also open to specifying basic requirements, such as lot size, parking, fire and safety standards and limiting the number of renters.

Peter Kalmes and Dermot Woods favored requiring special permitting to level the playing field.

Tyson said he has been working on local properties for about 30 years, and rentals are not only customary, but vital to the town’s future.

“For a lot of them, it’s a big stretch to have a second home here,” he said. “They volunteer here and want to be part of the town. The occasional rental helps keep them here. If that makes the difference between them being able to stay here and yet another house for sale in Cornwall, then maybe we ought to think about that, too.”

Colbert asked McGowan to bring to the next meeting options for draft amendments that focus on the majority-supported approach. He noted that this is only a first step. Historically, P&Z has taken its time on zoning amendments and has even changed its initial direction, Colbert said.

That said, he noted that requiring special permitting for all short-term rentals would be a substantial change.

“Like B&Bs, the owner would be required to be there,” Colbert said, adding that ease of enforcement is a primary consideration.

Byrne’s recommendation is to limit the number of bedrooms that can be rented before the property has to be regulated as a B&B. But that is apt to be a major issue since a large number of rentals are for entire homes with no owner present.

P&Z members agreed that intensity of use will likely be a key component of regulations.