Town Board Public Hearing – August 2017

A Public Hearing was held on August 3, 2017 at 7:00pm at the Town of Rochester Town Hall regarding: Amendments to Chapter 140 of the Town Code “ Zoning”
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilwoman Haugen-Depuy Attorney Christiana
Planning Secretary Shaye Davis

ABSENT:

Town Clerk Gundberg

Supervisor Chipman opened the Public Hearing and Elaine LaFlamme led in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT:

Jerry Davis, CEO spoke in regards to the regulations for Air B & B. The purpose is to protect the people of the Town , to make sure fire and safety regulations are followed through. Air B & B’s are different then Bed and Breakfasts because a Bed and Breakfast the owners are on the premises. We have had complaints of many people terrorizing the Town, riding 4 wheelers on private property, and having little regard for those living here full time. The proper way is to register with the Town so proper permits can be given in regards to safety.

Councilwoman Chachkin stated that there is nothing the Town can do about these complaints until there is something approved in the Town Code.

Resident Rachel Countryman stated that anything classified as commercial shouldn’t be allowed if it’s in a residential district.

Mike Baden stated that this proposed law is based on a code near Cooperstown. The biggest reason for this law is for safety. Sleeping rooms & septic are many of the safety concerns with having the Air B & B.

Chris O-‘Donnell asked if there is a list of complaints or has a study been conducted.

Benjamin Tischer stated he has lived here for the past 13 years and he and his neighbor have started an Air B &B and want to make sure he will not be penalized.

Donna Calcavecchio stated for the past 5 years she has short term rentals for her home. The people are looked at very carefully and she never had a problem. If you own a home you will maintain it the same
way and you already pay taxes to the County. The renter’s are buying in our community which is bringing growth to our area.

Judith Levitt has had a part time Air B & B for the past 3 years and has had no problems. The Town should document the complaints.

Paul Widerman & Nancy Ostrovsky have lived in the Town of Rochester for the past 30 years and recently have an Air B & B. With their experience they have found no problems and often times its just young people coming to Town to rest. The website they are connected with is good. It’s really protective of the property owners and suggest the Board read their Air B & B laws.

Susan Philliber asked what the criteria for inspections would be? Currently she has 3 properties on Main Street Accord that have been restored.

Steve Fornal clarified that the Town is trying to allow for the air B & B. The code is to protect us all from a bad element. This law is talking about a one-time fee that is less then what someone is paying for a one night stay.

Bill Philliber stated that he believes the proposed law is good for the Town. He questioned if each home is going to require a C/O and if so how are homes that were built prior to needing C/O’s going to be regulated.

Bruce Stalnaher states that he operates air B &B’s and he is extremely careful with who stays at the homes. He supports the regulations but hopes that it doesn’t go too far.

Jerrie Gullick states that the code is in favor of Air B & B’s. It’s great to have a registration and show who is responsible for lawn care and snow removal. Complaints should be written and saved documents.

Bob Anderberg asked the board not to adopt the law with how it is written.

Elaine LaFlamme wasn’t for the penalties listed in the law. “ if there is 1 more car in the parking lot a homeowner can go to jail ?” In other areas there is adult use without criminal penalties. These are
on-going businesses with no time frame on how long it will take the Code enforcement Officer to inspect.

Arthur Gillett stated that he is considering having an Air B & B. He has no problem with the idea of regulations, some parts seem unnecessary regarding penalties. The owners should be able to continue to rent until the inspector can come inspect the property.

Bea Rue stated she has worked in High Falls for many years and a huge majority of the weekenders are renting from air B & B’s . The regulations in the proposed code are scary.

Steven Yauelewicz stated if someone rents a place and are given bad reviews no one else will rent to them. He doesn’t feel good about the Town’s complaints, fee & taxes, the changing of assessments, and penalties implied in the proposed law.

Saul Brand stated that he hopes the Board will be as generous to the owners as they say they will.

Chris Hewitt stated that he likes the idea of Air B & B’s being allowed. The County is already charging a fee. Annual inspections seem like over reaching. The tourism is here, and we should be looking forward to it.

Ryan Trapani asked how long will regulations go? He doesn’t like how the proposal is written.

Michael D’Agostino discussed regulations of tentor companies that give property owners campsites. He will send a copy of the study conducted to Supervisor Chipman regarding this.

Reticka Bhath stated tourism is good for our area. They even had a renter purchase 20 acres for land up here because the loved the area.

It was stated that HOA Community goes by fire code.

A Motion was made by Councilwoman Chachkin to continue with the public hearing at a later date.

Seconded by: Councilman Drabkin 5-0aye, motion carried
8:33pm

Respectfully Submitted,

Shaye Davis