Town of Rochester Town Board held a public hearing at 6:30pm on August 12, 2021at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404 regarding: proposed local law # 3-2021: Short term rentals
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

Supervisor Baden called the meeting to order 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

PUBLIC HEARING ON LOCAL LAW # 3-2021: AMENDMENT OF CHAPTER 140, ZONING:

Resident: I have attended all zoom meetings. My question is regarding tiny houses, airstream, tentrr, RV have been taken off the table for various reasons. I understand the reasoning is that it is unsafe to occupy but how does Rondout Valley resort occupy year round, a lot of Americans use them, snowbirds live in them half the year. I had one attached to my septic and there are ways for people to prove that this can be safe. I would like to know how you can lump these into one category because Ulster County said so.

Resident: This is my first time attending the meeting. Think grandfathering is a good thing for those that are operating. I understand the annual inspection and generally understand all the concerns and I support the law.

Resident: regarding camping structures I think that it is the rights of the land owner that has a lot of land to utilize and do something that is not invasive. To be able to make a profit to help off set the costs is our right and a way to show and share how beautiful it is here, otherwise if we sell the land can by subdivided, trees removed and we lose the process of why people come here to begin with. I think it’s a beautiful idea to utilize the land to put a tent up to off set the taxes and allow the people to share in the experience of living here.

Resident: what is considered grandfathered? If your paying taxes to Ulster County?

Resident: I agree with a lot of the comment made. I have concerns with the septic inspection. How and what will determine the inspection. I also think that the Town Board should move quickly on the campground regulations to bring a lot more stability.

Resident: Because I have a tiny house, Hudson Valley septic comes out once a week to pump out. Everyone that comes and stays learns about farming, the process of butchering chickens, and the use of the land. Do you know how much land is required for the camping.

Supervisor Baden: The Board intends to work on the campground law. There is a different inspection system between them and permanent structures. I have had dialog with a representative of tentrr who is will to help craft a law. The Key behind all of this is safety. It was recommended by The Ulster County and Town of Rochester Planning Boards to keep short term rentals and camping ( temporary structures )separate. Its been a goal to get this accomplished and we want to get it right. Its currently being used as a model for other Towns that do not have a law on the books.

The grandfathering of the permit application will begin in September. The applicant will fill out the application with the Code Enforcement office, pay the fee and show proof that they are registered with Ulster County for bed tax. An inspection will be completed for the health and safety aspect regarding public occupancy. Every business with the public requires one and since you are allowing the public into your home its considered a business. New applications will not begin until January 10th and the new applications will have the cap on owner and non owner occupied we just don’t know what that cap will be yet.

WRITTEN COMMENTS:

Zorian Pinsky:
This letter is regarding the proposed law about short-term rental business activities in the town.
I support the law and think it is reasonable, well balanced in considering interests of more than just one population group in the area and of the town itself. It respects financial interests of those who live here full or part time. The law is not unique to the town and is aimed at avoiding real estate market frenzy condition that would leave for the local, especially young, residents desiring to remain in the area and starting family here no other option than leaving or, perhaps, moving into prefab houses parks. However, I am not sure how affordable that option is now or would be then.
The concerns about the worsening labor market in the area expressed by those who oppose the law are not warranted. It is already hard to find carpenters, good plumbers, housecleaning and yard workers in the area. More outside money for those services would inflate that labor market if it were not already the case.
I argue the board members to approve the law.

Emily Tillery:
I submitted comments on 4/6/21 and 6/3/21 regarding the STR law enactment. I am very pleased with the direction that the most recent revisions have taken, however, I still have two major concerns.
Please strongly consider removing or revising the following portions of the law:
My first concern is in regards to the statement of “no campfires” during burn bans. This is referenced at:

U. House Rules > (1) All short-term rental properties shall post for renters of each dwelling unit a listing of House Rules. House Rules shall incorporate, but not be limited to, the following: > (e) If allowed by the property owner, specify outdoor fires shall be made solely within a fireplace or fire pit. No outdoor fires shall be allowed during NYS designated “No Burn” periods,
This statement and rule actually go against the rules listed on the burn ban page. Please see the information on the burn ban on the March 9, 2021 published burn ban press release on the DEP.ny.gov website stating:
New York first enacted strict restrictions on open burning in 2009 to help prevent wildfires and reduce air pollution. The regulations allow residential brush fires in towns with fewer than 20,000 residents during most of the year, but prohibit such burning in spring when most wildfires occur. Campfires using charcoal or untreated wood are allowed, but people should never leave these fires unattended and must extinguish them.
I have a designated firepit and guests really consider this as part of the outdoor experience at the property. We keep the area free of brush and debris, provide a fire tamper lid and tending supplies, and have an outdoor extinguisher.
Controlled campfires should be allowed in designated areas even during burn ban season as disallowing them will negatively impact the guest experience and be difficult to control and regulate since it is not disallowed by the state-wide burn ban.
My second concern is in regards to the septic inspection and the difficulty and cost associated with getting an inspection. This is referenced at:
P. Application Process > 1) The initial permit application shall include the following: > (g) Water and septic. The source of the water supply shall be stated on the application and the permit. The septic system shall be functioning, and the type, size, and location of the septic system shall also be stated on the application. New permit applications shall require documentation from the Ulster County Health Department, a licensed engineer, or a New York State licensed home inspector, indicating that the septic system has been inspected and is found to be currently working properly.
I spoke with Mike Baden on 8/11 to state the following concerns with the way this is written
1. In the previous discussion during the zoom hearing meeting held in March, Valeria Gheorghiu mentioned she had tried to contact the health department and engineers regarding the septic documentation or inspection. The health department is not able to provide this service for existing properties.
2. Liza Jernow sent in comments also asking for further clarification after contacting her septic company and they are not familiar with what type of septic inspection you would require
3. When my home inspection was done, my NYS licensed inspector was not qualified to inspect the tank, this was a service that we had to hire a septic company for. They required us to scope video the tank at a cost of $500.
1. If a home inspector or home inspection is a qualifying document, how old could this certification be?
4. Septic services were not listed as a source for this inspection but it seems they are also unclear on what type of inspection they would need to do.
1. If a septic service could be used, would we need to have our system pumped? Would we need to have our system video inspected?
1. If my tank was pumped recently and no problems were found, how long would the allowable from the most recent service?
2. What documentation would be required, simply a receipt of service?
3. I reached out to my septic service company to see how long they keep records but I was not able to reach them.
2. These services would add an additional $200-500 to the application process making this process even more unattainable for those who are not full-time hosts and are simply looking to sporadically supplement their income.
3. In my own experience in getting my septic system serviced nearly a year ago, my service appointment was pushed back 2-3 times so the company could deal with emergency service calls. I do not understand how the handful of local septic companies could handle and schedule the increased appointment workload. Additionally, NO ONE is clear as to what service needs to be performed.
A septic inspection is unnecessary, cost-prohibitive, and only adds to the drawn out application timeline. If septic overflow is an issue, the review process by guests on the Airbnb platform along with neighborhood complaints should keep the town informed of this issue.
I would encourage the board to consider this septic clause as an addition to a later version of the law once it can be properly defined and executed. The enforcement departments need to call the Health Department, Engineers, and local septic companies to find out what services are offered before expecting the STR owners to inquire about services that are unavailable.
Additionally, if this becomes a problem, perhaps add this clause in a later version of the law. I would strongly encourage you to get a law in place that is feasible and enforceable for the current staff that the town has on board.

Robert Tuchman:
I was just advised of the pending Proposal to Regulate Short-Term Rentals currently under consideration by the Town of Rochester. As I don’t think I’ll be available for the hearing (though I will try to make it), I write to express my opposition to the Proposal.

By way of background, I purchased my home in Kerhonkson in January 2019. Because my job (as well as that of my girlfriend) is in the city, I split my time between the city and Kerhonkson, though I try to make it up as often as I can. Since it’s often the case that I’m unable to make it up during a given weekend, I began — mainly during the pandemic — to make my house available on Airbnb. In this way, I’m able to monetize the house during long stretches when it wouldn’t otherwise be used, and visitors are able to enjoy the house and the surrounding area. My house is set back far from the road, and I’ve never had any noise complaints or issues with guests. The one complaint that’s been raised in the past couple of months is that the guests do generate more garbage than would be the case if the house were empty, and there have been times recently that bears have broken into the trash bins. I’ve changed services to resolve this issue and don’t anticipate it being a problem going forward.

Setting aside that, so far as I can tell, my experience with Airbnb has been a net positive for everyone involved, including for guests who have enjoyed their stays, local businesses who have been patronized, the governments to which I’ve paid taxes on the Airbnb income, the cleaners and others who I pay to maintain the property, and more, the Proposal under consideration strikes me as a solution being offered up to a non-existent problem. I understand that there is a sentiment among some against people from the city, and perceived outsiders more generally, but I just cannot see how the requirements and restrictions set forth in the Proposal are calibrated towards any legitimate objective in anything resembling a reasonable and targeted way. I sincerely hope that the Proposal will be rejected.

Ruth Bendelius:

I have 3 concerns regarding Local Law 3 of 2021- Short Term Transient Rentals
1. Because the Town of Rocheste is rural and does not have public water supply, I believe. That the well on the property should be identified, perharps inspected, and the water supply be tested upon initial application for a STR. If the STR continues to be available, periodic water testing should be done.
2. It appears that this law falls heavily on the shoulders of one person- the Code Enforcement Officer. I believe, the Planning Board should be first in line to address the application and any renewal. The Code Enforcement Officer can then carry on with all the code stipulations.
3. For the well being of the surrounding community, upon each renewal, the NYS troopers, the Sheriff’s Department, and local Town Constables should be asked to supply the Town Board and/ or the Code Enforcement Officer with information pertinent to the STR. This is an additional protection for the owner, the tenant, and the surrounding community. Only relying on written complaints to the Code Enforcement Officer may not be adequate.
Being a retired nurse and the owner of an unhosted Bed and Breakfast in Kingston for 24 years, I believe these points are pertinent to the health and safety of everyone involved.

The Board discussed some of the concerns addressed in the written comments.

Resident: I am confused about the septic issue. The Town is encouraging the Short Term Rentals for revenue. The inspections seem ambiguous even in an emergency situation. There seems to be a disconnect between the homeowner and the host operating.

Resident: regarding firepit, fireplace should chimineas be included? Regarding septic I understand that if there is a issue with the septic it will back up into the home, the yard or possibly the neighbor.

Supervisor Baden stated the law is not about revenue it’s about health and safety. The general consensus issue with the septic is that system is already used in greater degree than normal households. If the issue runs down hill into neighboring property or water ways it can become an issue for more than just the rental and this hopefully helps prevent that from happening.

The Board discussed the wording used in the Septic section of the proposed law to make it more flexible and at the discretion to the Code Enforcement officer.

Because substantial changes were made to the proposed law the Town Board cannot vote on it for at least 8 days. It was agreed to waiting until the Audit/workshop meeting dated August 26, 2021 to vote.

CLOSURE OF PUBLIC HEARING:
Resolution # 255 -2021:

A Motion was made by Councilwoman Enouen to close the public hearing on proposed local law # 3-2021:
Short term rental at 7:32 pm
Second: Councilman Hewitt motion carried

RESPECTFULLY SUBMITTED,

Kathleen A. Gundberg
Town Clerk