The zoning board of appeals approved one three-room tourist accommodation and failed to reach a decision on another during its meeting Monday.

The board approved the special permit application from Patricia and Steve D'Esposito to expand their bed and breakfast at 132 Chestnut Street from two-rooms to three. It is the first special permit approved since the law changed to allow more than two rooms for tourist accommodations.

But in two votes, the board failed to make a decision on an application from Bruce Kerans for a three-bedroom tourist accommodation at 20 Leatherstocking Street.

The five-person ZBA was two members short for its meeting Wednesday and separate motions to deny and approve the application both failed to garner the three vote majority required to pass a motion.

The board was most concerned about the owner occupancy requirement for the special permit, which Kerans admitted could be problematic because of his employment which took him out of the area for overnight stays on some days.

Another concern expressed by the board was the potential for a negative impact on the residential character of the neighborhood.

ZBA chairman Susan Snell said the owner occupancy requirement was included to prevent tourist accommodations from having a negative impact on neighborhood - to provide a layer of protection and monitor behavior.

"You are expected to be on-site when it is rented," Snell told Kerans.

Kerans said he had rented the two apartments in the house in the past without a permit and when the law changed to allow more than two rooms, he decided to seek a special permit.

"I'm not trying to make things worse for everyone. I'm trying to make things better," he said.

David Pearlman, a neighbor on Leatherstocking Street, said he believes owner occupancy is important in theory and in practice. With the owner on premises, there was likelihood of problems.

"I don't want Leatherstocking to become fraternity row," he said.

Other neighbors also spoke of problems with noise in past.

Kerans explained that he intended to be on-site at least part of each day, but that there would be two nights a week he would not be home. If his work schedule changed to allow it, he would be there each night, he said.

The intent of the law is that you are there when it is rented, Snell said. "You have to make a chcoice between your work schedule or tourist accommodation."

"To me, Leatherstocking Street is the worst place to have a tourist accommodation," said ZBA member Rick Jagels. "It doesn't work there."

Jagels made a motion to deny the application based on the information that it would not be owner occupied at all times and its impact on the neighborhood, but the vote was two to one and did not pass.

Snell made a second motion, this time to approve the application with the understanding it was to be owner occupied any time it was rented, but it also failed to pass.

It was the first time the ZBA had been faced with this situation and Snell said he was uncertain how to proceed, but told Kerans he may have to submit a new application.

The following day, Snell said she had spoken with county planning director Diane Carlton, who explained the ZBA must wait for its next meeting and vote again until a motion to approve or deny passes.

Snell said they vote again at their next meeting in December when she hoped the full board would be in attendance.