An application before the zoning board of appeals will provide the first test for new requirements in the zoning law for tourist accommodations.

One of those provisions - the annual $100 fee per sleeping room - could end up in litigation.

Tuesday afternoon, the zoning board appeals began its review of a special permit application from Steve and Patricia D'Esposito, owners of the Rose and Thistle B&B at 132 Chestnut Street.

The D'Espositos currently have a special permit to operate a two-room accommodation and want to increase it to three rooms - an increase made possible after the board of trustees voted last month to hike the room limit from two to four.

The couple had been among a group of B&B owners who withdrew their applications for additional rooms after the limit had been reduced by the trustees on a recommendation from the planning board. The planning board had failed to understand the variance process which it believed would allow property owners to apply for additional rooms.

The B&B owners withdrew their applications because it became apparent that they would be unable to meet the stringent requirements in the use variance process. Since that time the law has been under review by the planning board and trustees culminating in last month's amendment to the law.

"The trustees went from two to four rooms and we have the parking and would like to have the third room," Steve D'Esposito told the zoning board appeals Tuesday.

Board chairman Susan Snell remarked that this application would be the board's first time through the new requirements of the law.

Snell explained the application would be subject to the provisions of the law and that the biggest difference was that the special permit would be for one year only.

"You will be subject to everything," she told the D'Espositos.

"There are certain issues in the current law that may end up in litigation, but I'm here to talk about parking," Steve D'Esposito replied.

The law requires a tourist accommodation have adequate parking for all the guests. The D'Espositos already have a parking plan which was approved by the planning board as part of the review of their earlier application.

Snell asked the couple what was the maximum number of guests they intended to have to make certain it was in line with the current limit of 10. The occupancy limit includes the residents of the property.

She said the reason for the occupancy discussion was that "the law keeps changing every year or two" and that occupancy and room numbers are changed most often.

"I'm just asking for the extra room," D'Esposito said and added that the maximum they would have was three rooms and eight guests.

The zoning board of appeals has set a public hearing on the special permit application for its meeting on Tuesday, Oct. 5 at 5:00 p.m.

Following the meeting, D'Esposito said his reference to litigation was in regard to the $100 annual fee per sleeping room.

The problem he had with the fee structure was that it was not applied across the board to the entire lodging industry, but targeted only tourist accommodations.

The zoning law also includes the requirement that each tourist accommodation applying for a special permit has to be inspected by the village codes official and the county codes office.