Back to drawing board on rental law

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(Photo by Jason Kaplan) - A local law aims to regulate short-term rentals, like this one in Cornwall-on-Hudson. While some village residents are against short-term rentals, others want to make sure language in the law protects their quality of life.

“Airbnb’s are not going away,” Mayor James Gagliano said. “It’s up to us to adjust and find the sweet spot.”

On Monday night, the Board of Trustees entertained comments from the public on a proposed local law to establish regulations for the short-term rental of residential dwellings.

The purpose of the law, as explained by Deputy Mayor James Kane, is to protect public health, preserve the character of village neighborhoods, and ensure home values are maintained while making it affordable for residents to live in the village.

The law limits the use of the short-term rentals to less than 30 days at a time. A resident is required to submit an application to the Building Department allowing the code enforcement officer access to the dwelling in order to conduct an inspection and make sure the home is in compliance with state and local building code requirements.

The proposed law restricts the number of people who can occupy each bedroom, requires non-owner occupied homes to have a local person or management agency who can be contacted in the event of an emergency, and it contains provisions for suspension or revocation of short-term rental rights for violations.

What the law does not do is it doesn’t change zoning and it doesn’t prevent homeowners from renting out their property.

Before taking comments from members of the public who showed up for the meeting, Gagliano read a handful of letters submitted to the board.

Doug Land wrote objecting to the proposed law arguing it works counter to the Comprehensive Plan and impinges on the opportunity for people to encourage tourists to come into the community. Howard Protter wrote on behalf of a few residents who share the same concerns.

He suggested a study be conducted on the impact short-term rentals have had on other communities.

Dr. William Lee expressed concerns regarding the language used in the law. He questioned how the village defines a nuisance when deciding what might be a use violation. He suggested the law include language pertaining to loud music. A number of residents singled out a specific home on Maple Road which is impacting neighbors with overwhelming noise on the weekends.

Complaints have been filed with the police department, but there’s nothing an officer can do until after 11 p.m. when the noise ordinance goes into effect.

The way Mary Aspen read some of the requirements of the law led her to believe the homeowner could be a person, private company, or group of investors who purchase property for the sole purpose of short-term rentals. She believes this type of ownership could have negative impacts on neighborhoods and the sense of community. She suggested the law be limited to Cornwall-on-Hudson residents.

The public hearing will remain open through June 21, allowing residents to submit further comments. In the meantime, those comments and a copy of the law will be submitted for review by the Orange County Planning Department and the village Planning Board.