FLY CREEK - Short-term rental regulations in the town of Otsego are a work in progress and should not impact the coming summer season, according to town supervisor Tom Breiten.

"The town board realizes seasonal rentals are booked well in advance and I am confident that implementation of any regulations would take place on a timetable that should not disrupt operation of the weekly rental units," Breiten said.

The short-term rental of residences is not specifically permitted in the town's zoning law adopted in 1987, but residents have rented homes, cottages and camp to visitors for decades - long before the law came into existence.

The seasonal rentals provide an important source of income for town residents, Breiten said. The revenue property owners realize from the rentals has been used for the maintenance of the residential structures and has helped the town maintain its tax base,

But after years of a laissez faire approach to short-term rentals, the town has decided to establish regulations to protect its residential districts from potential impacts.

"Though we have had few complaints to date regarding these operations, issues have arisen in some surrounding communities. I believe it is wise to be proactive in addressing the potential negative impacts this use could have on our town and residential districts," Breiten said.

Demand for short-term rentals has increased, particularly since the advent of the Cooperstown Dreams Park not only in the town of Otsego, but in communities through out the area. As the demand increase, so too does the potential for adverse impacts, the supervisor said.

There has not been an actual count of the short-term rentals in the town, but estimates of the number currently in operation range from 100 to 300 units.

Brieten said a committee was formed to look into the potential impacts of short term rentals and begin the formulation of land use regulations to help mitigate those impacts on the surrounding neighborhood.

The goal of the committee, he said, was to draft regulations that would allow the use and at the same time protect residents and the town from the potential impacts.

The committee looked at issues including, adequate off-street parking, noise, exterior lighting, building capacity, septic systems, absentee landlords and the impact on year around housing availability.

Input was also solicited from the New York Planning Federation and the New York Department of State.

Breiten said that because the use already exists and there have been few complaints, it would seem "punitive to force applicants to go through a full blown special permit process in order to continue to operate.

"The hope was that the permit process would not be a needless burden to the applicant and the preliminary review could be handled by the zoning enforcement office so as not to burden he planning board," Breiten explained.

The committee suggested using a simplified "conditional use permit" to streamline the process.

"The idea was to allow the use, minimize the red tape and yet have a mechanism whereby the town could mitigate negative impacts by addressing issues of concern when the permit came up for annual renewal," Breiten said.

The term conditional use is another name for special use and state law mandates a public hearing be held before a permit is issued.

A public hearing affords residents an opportunity to present comment in regard to an application prior to it being granted.

Using the name conditional use permit would allow the town to distinguish between the simplified permit process and the town's usual special permit process, but a public hearing will be required in either case, he said.

Earlier this month, a pared down second draft of the law was presented to the board during its monthly meeting. The second draft outlines what the committee would like to see the regulation accomplish.

According to Breiten, the most recent draft is now being discussed with the town attorney and attorneys from the NYS Association of Towns and the NYS Department of State in an effort to determine the legal mechanisms and wording that will be required to achieve the intent of the regulations.

"I wish to emphasize that this is a work in progress," Breiten said. "Because we are being proactive, we can take the time necessary to get the language correct and come up with a reasonable and balanced piece of legislation.

Breiten said the town board has heard a number of valid concerns and suggestions from town residents on both sides of the issue.

One of those individuals is Tony Scalici, chairman of the town's zoning board of appeals.

Scalici wrote a letter last month to the board enumerating his concerns about he proposed regulations.

He and the members of the zoning board are charged with making interpretations of the law when there is a challenge to a permit that was granted, denied or a citation is issued for a violation.

"It is important to minimize the basis for challenges," he said.

Scalici said he is concerned that the proposed regulations are too arbitrary.

Parking, he said, is a good example.

The current draft of the law calls for "parking in harmony with the integrity of the surrounding neighborhood properties and with the orderly development of the district in which the use is proposed to be situated."

Unless the law specifically defines the parking requirements, the zoning officer would have no basis for making a determination if the parking was adequate, Scalici said.

"From the zoning board of appeals perspective, it would be impossible to make a decision. There is nothing to base it on," he said.

Scalici said bed and breakfasts in the town are heavily regulated and wonders how the town board can separate the two uses.

"How can you allow open season on one use and highly regulate the other?" he asked.

Jane Berry, the town code enforcement officer, said earlier that the conditional use permit called for in the proposed regulations requires the short-term rental to be owner-occupied or owner-operated. Bed and breakfasts in the town are required to be owner occupied and owner operated.

The proposed regulations would set an upper limit on the number of guests at short-term rentals. The maximum allowed in a cabin or cottage would be six and in a dwelling unit the maximum is nine guests. The occupancy level will be set by the town code enforcement officer and may be less than the maximum based on the number, size, configuration and furnishing of the bedrooms or sleeping rooms.

The permits will be good for one year and require a fee of $100.