A proposed change to the zoning law that would increase the number of rooms a tourist accommodation may rent has changed again.

Passage of the amendment has been held up for months by procedural problems and changes to the wording. Last month, a clause regarding grandfathering existing establishments was not removed prior to the public hearing, causing the trustees to wait again.

The amendment would have raised the limit from two rooms to four with a maximum of twelve guests.

Tuesday night, during a special board meeting, trustees again discussed the amendment — particularly as it applies to the Department of Health's requirements for lodging establishments occupied by more than ten people.

Mayor Carol Waller said she discussed the requirements with village attorney John Lambert and the representatives from the New York Conference of Mayors.

Waller said the health department regulations kick-in when there are more than ten occupants, including the residents of the house. In other words, Waller said, if a husband and wife have a tourist accommodation they would be included in the total number of occupants.

The health department requirements include a commercial kitchen, additional exits, fire suppression system in the kitchen and possibly a sprinkler system.

Waller said that the planning board, which recommended removing all limits on the number of rooms and letting each tourist accommodation be handled on a case-by-case basis, believed that the regulations would have come into play with more than 10 occupants and been "self-limiting."

"We should have listened to Paul," she said, adding that the board can allow four rooms and 12 guests, but the tourist accommodation must also meet the requirements of the health department.

"I'm trying to tell you what I know so we can make an informed decision," she told the trustees.

Trustee Glenn Hubbell suggested it would be possible to have applicants for tourist accommodations provide proof they were in compliance with health department regulations before a permit was issued.

Hubbell also commented that he was worried about future boards and their interpretation of the zoning law.

Another trustee, Milo Stewart, said he was concerned if the board allowed four rooms, people will put three or four people in each room.

The board of trustees, which has disagreed with the planning board's approach to regulating tourist accommodations, decided to amend the law to allow four rooms, but with a maximum of ten occupants - including the residents of the establishment.

"No matter how we play it, it will be hard to enforce," said deputy mayor Lee Malone.

The board set a special meeting and public hearing on the new amendment for Monday, Aug. 2, at 7:30 p.m. The board plans to also complete the required State Environmental Quality Review Act long form at that time.

Changes to a zoning law are subject to the State Environmental Quality Review Act and an environmental assessment form will have to be completed before any change is adopted. Because of Cooperstown's historic district, however, the zoning change is considered a Type I action and will require the long assessment form.

The long form requires the board of trustees to make judgments about the severity of the impact on the environment, if any, that would result from the zoning law change allowing four rooms to be rented.

Following completion of the long environmental assessment form, the board will have to make a decision as to whether the change will receive a positive or negative declaration. A negative declaration would allow the board to more forward and adopt the change. A positive declaration would trigger the completion of a draft environmental impact statement.