Town Board Public Hearing – December 2020

The December 9, 2020 public hearing on proposed local law amending the Comprehensive Plan was held via teleconference and
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
Listening Dial in Number 1 929 205 6099 Meeting ID: 835 4118 5271 Password: 985685
Supervisor Baden opened the meeting and led in the Pledge of Allegiance to the Flag.
PRESENT:
Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana
STATEMENT FROM THE SUPERVISOR:
I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s meeting via YouTube and a transcript will be provided at a later date.
The Town Clerk has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed with the Town Clerk that this meeting has been duly noticed.
We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Shawangunk Journal, and posting notice on the Town’s website.
PUBLIC COMMENT PERIOD:

Rick Jones: I support the proposed local law for short term rentals. I believe it is necessary to have rules of the road in regards to the short term rentals. This proposed law is an effort to fill in the gap that currently exists. We have regulations on B&Bs, hotels, motels and other forms of short -term rentals. What is missing from those regulations are short term rentals better known as Air B&B’s. These new set of guidelines are a continuation for providing safety guidance and obvious guidance with how short -term renter’s need to conduct themselves with regard to the neighborhood in which they situate themselves. I don’t think these provisions are nearly as rigid as those of hotels, B&B’s , motels and I think that is appropriate. Some of these regulations are just suggestions and are seemly obvious but sometimes the obvious needs to be memorialized. And I think that is what the Town Board has down with this new section or addition to the zoning law. Air B&B’s do need applications for safety regulations to ensure whoever is renting the unit is protected particularly from fire. Providing signs in case of a fire and providing fire extingushers. It’s extremely important. Leaving the safety regulations up to the homeowner is a hopeful approach but not everyone is interested in making sure safety regulations are in place. Any some homeowners are even aware of what safety measure need to be in place. This new subsection makes sure that the neighbors around the unit are not disenfranchised and are enjoying the peace and quiet of their own home. The Air B&B’s are rented week after week, day after day and certain times of the year so its important that appropriate behaviors are provided and suggested. These guidelines don’t violate the rights of the owner of the property its just place in the proper context some rules that are obvious but sometimes the obvious doesn’t win the day. So I support this proposed amendment.

Michael Coleman: Here to just observe but supports the proposed amendments.

Eric Hertz: 2 Things. 1.- Regulations seem fine. I hope the Board knows this is a self-regulating industry. We must provide good service because a bad review will affect our business. Especially this type of business. You must provide good service you better not have so much as a mouse, an ant or a spider in your house because you will get a bad review and nobody will rent your house. The reviews are brutal. Fake reviews are real fraud and hard to do. There is a million dollar liability that comes with this, which is great .We take it very seriously or we will lose money. 2. Septic: I know everyone is different many of us do it in the summer, but I would think most are not the same as a family consistently using the septic all year round. Once in a while we may end up with 8 people in the house but that’s once in a while. We have busy times and quiet times and think that this type of industry is more sporadic than a regular household.

Nancy Ostrovsky: Have been doing Air B&B for 4 years and I am a super host. I have unusual structures. My concern is that I have 2 air streams and a timber frame they are outdoor structures. I have a port a potty and an outdoor kitchen , cooking area and sink. I receive 5 star reviews. Because of COVID this has been a real healing place. Each renter receives a booklet of all the local places to go and people thank me for that. They are putting money back into the Town and local businesses. I don’t understand the section on outdoor when defining space. I grew up all over the world and when you define things like this is a bedroom or a certain kind of space it needs to be defined properly. I understand certain regulations like fire extinguishers and I don’t know who is not doing a good job. We put a lot of work into our rentals. It has been a wonderful experience for me. You cannot be on Air B& B and not take care of things you are scrutinized. You have to be very attentive. Being an artist selling painting last year was difficult for me with the pandemic. I’m curious about the details I think the language is too boxed for possibilities. We have creative people that can think outside the box and hope that this Town can do that.

Susan Philliber: Some of the details we can live with but questions I have are;
Is there a schedule in which this will be enacted? If we are out of business any length of time waiting on application approval it can be serious.
Are there draft applications available for review?
What is the plan for phasing in?
I agree with the previous statement regarding the septic. There is less stress that when it was an office or home to a family of 6 so I think every three years may not be necessary. I believe the signage on the front door is not attractive but will do it.
It would be helpful if we knew what the CEO was looking for, what type of criteria is needed to pass inspections.

Tina Russell: I agree with this being a self-regulating industry, we have a million-dollar liability when signing with AirB&B, VRBO etc. The liability is not just on renting out your house or NYS regulated structure that is coded for residential home. There are a lot of people who have tentr tents. If you drive around you will see them. They are high end structures with woodstoves in them and their own regulations and only people with certain types of property are allowed to have them. These regulations disenfranchises tree houses, tiny houses, tentr, RV’s, boats from our own community. Your neighbor that can afford to build a cabin can be an Air B &B host but you cannot. What Air B&B brings to our community, I believe we should be giving money to the Town and Ulster County. Maybe there is something that we can do for those that rent RV’s or tiny houses and tentr sites. The regulations being presented are eliminating all those people. So maybe there can be a separate tax or allotments for those types of businesses. These rentals are putting money back into the Town by going to Kelder’s Farm, Arrowwood, stone ridge Orchards and various business and it’s putting money back into our Town. We have people that pay for the Air B&B experiences. People pay to go pet goats. People are spending money in our Town. If you take away all walks of life of hosting venues your taking away potential revenue for our Town.

David Roberts: Agree with some of the regulations that will help protect the community assets and environmental region and interests. There’s discussions about the self-regulation aspect of the Air B&B’s covering more than just properties rented through Air B&B. We can’t rely primarily on the Air B&B platform. I would like to see the Town address the tiny house issue because it will affect real rental opportunities in this area and if those properties aren’t addressed they will just go under the radar. The septic system issue; I agree with others it’s being used for a part-time use of the property. But it is important to have stringent guidelines with septic systems and providing water to protect our water resources.

Rodrigo: The inspections are going to take time so how is operate and permitting going to go? The septic seems strange because there isn’t full time use. If there were regulations for everyone that would make more sense. But full-time homes use the septic more than partial renting.

Written Comments:

Recommendations and comments from the Ulster County Planning Board:

Re: Local Law #5 of 2020 – Zoning Statute Amendment
Summary
This a proposal to establish new standards to regulate short-term rentals for the Town of Rochester town wide
except the “I” and “NR” zones.
The following materials were received for review:
•Referral Form
•Town Board Notice
•Full EAF
•Draft Local Law
Recommendations
Multifamily Prohibition
The proposed local law is silent on the use of multifamily as short-term rentals. The Ulster County Planning Board, as a policy, has recommended the conversion of multi-family housing for use as short-term rentals be a prohibited use as it has an undue impact on the availability of more affordable housing choices on the community, especially if multiple, if not the entire structure, is converted to such use. We have seen instances elsewhere in the County where existing tenants have been priced out of their existing rental in favor of the landlord using them for short-term rental purposes. This should be avoided.
Required Modification
Multi-family housing should be prohibited from use as short-term rentals.
Non-Owner-Occupied Units – Required Modification
In an effort to maintain or increase the supply of available housing in the community, it is recommended that a cap on new non-owner-occupied short-term rentals be put into effect as part of the annual permit registration. In this way, once a cap has been set, no further reduction in the available housing stock for owner or renter-occupied use occurs and continues to expand as development occurs. The Town could consider a means of grandfathering already existing non-owner occupied short-term rentals under such a cap.
Reviewing Officer
Robert A. Leibowitz, AICP
Principal Planner

Recommendations and comments from the Town of Rochester Planning Board:

Mike Baden, Supervisor & Town Board Members
Town of Rochester50 Scenic Drive
Accord, NY 12404

RE: Proposed Local Law 5 of 2020addingto Chapter 140 of the Code of the Town of Rochester a new §140-26A section entitled “Short-Term Transient Rentals”.

Dear Supervisor Baden and Town Board Members:
Per your request, at our December 1stth, 2020Workshop Meeting the TOR Planning Board discussed and reviewed the proposed Local Law 5 of 2020addingto Chapter 140 of the Code of the Town of Rochester a new §140-26A section entitled “Short-Term Transient Rentals”. The Planning Board voted unanimously to support the implementation of Local Law 5. We noted the following items that merit further clarification or review within the proposed section §140-26A:1.The Board felt that the “Purpose” Section could merit some greater detail as to the reasoning behind, and pros/cons of the new regulation/law. We added sample text to the “Purpose” Section for your review.2.There was Board discussion as to the need for additional clarity in the definitions for applicants as to the permitting needs for rental of a sole room, or of an accessory structure like a guest house, to make it clear (and so that property owners do not try to evade permitting)that if a property owner rents on a short term basis any part of an allowed rental structure (dwelling unit) they need a permit for the whole dwelling unit. The legal/official terminology is often confusing to the lay person versus “house” or “studio, for example. Perhaps this could be addressed by repeating the§140definition of a dwelling unit in the section’s definitions?3.While the Board realizes that the inspection/permitting process includes a fire safety review, the Board felt that somehow “spelling this out in a redundant form” for applicants in “G. Application Process” would be worthwhile as improper use and maintenance of wood stoves and fireplaces by renters is (a) dangerous and (b) puts an inordinate unnecessary burden on our limited fire, police and ems personnel. See G Application Process (f) trial balloon and M House Rules (1) (g)suggestion,
4.The Board suggested that some annotated “one pager/“cliff notes” be added ,if feasible, to the required posted House Rules stating (1) what is a Burn Ban and when during the year it is in place and (2) relevant TOR Noise, Litter/Trash, Vehicles and Traffic, etc. regulations. Enforcement will be a lot easier if there is no excuse “we didn’t know X, Y or Z.5.Finally, a final review of terminology should be done to ensure terminology/verbiage consistency in the code(for example: local manager or local agent? Short term transient rental unit or short term rental unit or plain short term rental? etc.);to make sure that there are no legal or conceptual loopholes. We have further attached an edited copy of the draft local law, which includes some draft/suggested language additions and/or changes and some minor grammatical/punctuation changes. If any (or all) of our suggestions are unclear we are here and available to explain our thinking. The adoption of a Short-Term Transient Rental Law is a timely, if not overdue, implementation of the goals of the Town’s Comprehensive Plan. We look forward to collaborating with the Town Board to move forward with the new Law.
Sincerely,
The Town of Rochester Planning Board

Letter from the Accord Fire District:

This letter is in reference to the increased amount of Air B&B’s becoming more prevalent in the Town of Rochester. There is a need more now than ever for some sort of regulations to be set forth by the Town to hold these owners to some sort of standard. Due to the COVID outbreak more and more people are Air B&B their homes to turn a buck, the issue is that many of the people who rent these homes are unaware of how to use some of the simple home appliance that come naturally to the locals. The appliances that I am referring to mainly are wood stoves and fire places. This is creating a larger issue due to the fact that the Accord Fire Department is responding to these emergencies, and the owners are held to no fire prevention standards whatsoever ever. Some of these standards include:
Requiring smoke/CO detectors
Requiring fire extinguishers
Requiring evacuation plans
Requiring exit signs
Requiring a list of contact information for the homeowner
Locations and types of Utilities
Access for Fire department apparatus

The lack of enforcement in reference to these Air B&Bs makes an already hazardous and dangerous job for the fire department more difficult. Having standards set forth by the Town will ensure that the foreground operation is successful, and all of my firefighters can go home to their families.
Signed,
Richard Demorest-District Chief
William Farrell-Assistant District Chief

To the town board,
I have rented apartments on our property on Clay Hill Road for more than 35 years and have occasionally offered rooms through AirBnB during the summer. I have hosted journalists, composers, filmmakers and many hikers who loved our proximity to Minnewaska and Mohonk. Though I don’t currently host, I support it as a historical use that stretches back to the early 1800s boarding houses (Gazlay’s Brick House), the bungalow colonies and campgrounds, motels and resorts.

I have reviewed the proposed law regulating short term rentals in the town and make the following comments:
1.) This is onerous for people who only rent out their spaces occasionally. Perhaps it should apply to properties that are intended for this use steadily or a percentage of the year? Getting together a floor plan and site plan, presenting all advertising plans, having site inspections and getting listed with the county finance office is a LOT for the occasional host.
2.) Posting house contact information in windows invites vandalism and break ins. Thieves could easily target houses with those signs in the windows. Instead, the town and the 911 dispatcher could have a list of that information in a database.
3.) How does this proposed law affect current regulations for Bed and Breakfasts (requiring on-site family member manager etc.) Would that requirement be dropped from your current B&B law, which is by definition short term rentals?
4.) This is asking a lot of the code enforcement officer on an annual basis. Maybe 3 year permits, at a nominal fee.
5.) Most people don’t know the size of their septic systems or well capacity. If it’s good enough for a family with occupants in each room, why should it be different for short term guests? Eliminate the water/septic paragraph.
6.) Why does the town have to have all of the platforms a property might be advertised on? No other business has to submit its advertising plan to the town. Strike this, or limit it to one typical site so the CEO can review what the public is being told about the property.
7.) Clarify section D’s short term rental definition. It says a rental to ONE entity. Most STRs are rented to different people each weekend. It should be regarded as equal to B&Bs. Also clarify section F’s definition of rental units. Is that each guest room in my house? Or one fee for my house that includes 3 guest rooms?
8.) Why are you eliminating camping, RVs, trailers and other experiences? That knocks TentR out of town. There’s a whole group of Airstream fans who look for those on AirBnB and I know of at least 3 in the town of Rochester. Here’s an article about it: https://www.doityourselfrv.com/airstreams-you-can-rent-on-airbnb/. If people are seeking those experiences and a property owner has the room, why not? Eliminate Section L, paragraph 5.
9.) Lastly, many offerings at AirBnB sites include paid extras, like a local hike leader, yoga classes, a weekend of writing workshops, retreats, house concerts or landscape painting. Current B&B regulations allow events. Why should it be different for STRs? Eliminate M sections g and i. What are you trying to prevent and do current laws cover it?

On the upside, I support the general intent to create a safe space for visitors that is not a burden on permanent residents. Having house rules, contact information and safety inspections makes sense.

The town law should be simple, sensible and sustainable.

Respectfully,
Deb Medenbach

To Whom it May Concern:

I write in support of the proposed short term rental code as drafted. In particular I am glad to see the incorporation of requirements regarding water and septic (item H(3)e.). I pose the following questions:

• I was wondering about is Item L(4)- What is reasoning behind having the emergency contact info visible from the exterior entry of the rental unit?
• The proposed code requires property owners to provide a comprehensive list of all online & social media advertising platforms on which any given property is listed , Item 3(b)- will this information be available to the public or upon request by inquiring parties?
• For item 3(f)- with regards to the required floor plans and property plats- what is the level of precision prescribed? Are these documents meant to be generated by a land surveyor, engineer architect or the like? Can room floor plans be submitted as a hand sketch on grid paper, or must it be a formally drafted to scale drawing?
Thank you.

Alana Blum

Dear Ms. Gundberg,

I am looking forward to attending the public hearing tomorrow night regarding transient rentals.

The wording right now for this local law does not seem to include any language regarding regulating transient rentals of “glamping” sites which is of particular to concern to us, as neighbors on both sides of our property rent out their land through airbnb and tentrr. These commercial sites — they exist solely for the purpose of generating income for the property owners– do not offer running water and for waste management have installed outhouses or a port-a-pottie. Without water and septic, these facilities do not even seem to be eligible for a permit. Does this mean that such sites are not permitted or that the sites are exempt from town oversight?

Another way of phrasing this is: Will these “glamping” site transient rental operations also be regulated by the Town?

It is our hope that the language of Local Law 5-2020 includes regulation of these types of overnight rental facilities; they are “dwelling units” offering “sleeping rooms” and thus would seem subject to these rules. The existence of these sites has increased traffic, noise, and a significant loss of privacy to neighboring residents, as they have created mini camp grounds adjacent to residences.

Thanks for either letting me know by reply email or by including this in the discussion tom’w evening.

Martha Erskine

BOARD MEMBER TIME:

Supervisor Baden stated that speaking for himself but he would think the Board would grandfather in the current owners and operators. Supervisor Baden asked the Board on their thoughts on how they want to keep the public hearing open? We can hold it to written comments only, we can set a specific date or determine at a later time, we can have a discuss some of the comments made at the December workshop meeting.

Councilwoman Enouen stated she would like to keep the meeting open and encourage anyone interested to watch the Workshop meeting set for December 29th where the board will allocate time to review comments made.

Councilman Hewitt thanked all for their feedback and he took a lot of notes.

A Motion was made by Supervisor Baden to hold the public meeting open and the Board will continue at a date to be determined.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye

5-0 aye, motion carried

ADJOURNMENT:

A Motion was made by Councilman Hewitt to adjourn the meeting at 7:28pm.
Second: Councilwoman Haugen-Depuy motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK