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12/28/2022 10:29 AMPlanning and Zoning officials are continuing to work on creating a set of rules intended to regulate short-term rentals, commonly referred to as Airbnbs. At a Dec. 6 meeting of the Planning and Zoning Commission (PZC), Land Use Official Carey Duques said she currently has a “very rough draft” of a town ordinance.
“We have a draft. It’s still being worked on.” Duques told Commission members, adding that it may be available for Commissioner review in “maybe February.”
The draft ordinance, an effort to regulate short-term property rentals, was developed by Duques with assistance from First Selectman Norman Needleman, Director of Health Lisa Fasulo, Fire Marshal John Planas, Building Official David DeLeeuw, and Consulting Planner John Guszkowski.
“Talking with the building official and the fire marshal, we’re trying to push it more into the building code as opposed to zoning,” Duques explained. “A lot of times, unfortunately, zoning and building don’t overlap, so we’re trying to kind of push zoning more towards building.”
Commissioner Robert Day noted that part of what the ordinance and PZC are attempting to do is improve safety and the best way to do that might be through the building code.
“It does make sense that it would go into the building code somewhat because part of what we’re concerned about here is safety,” Day said. “It’s in the name, Airbnb, and if you had a B&B [bed and breakfast], there can be all sorts of fire codes and things that aren’t in regular houses.”
The issue formally came before PZC at its Sept. 6 meeting, although Duques noted that the Commission had discussed short-term rentals previously. At the Sept. 6 meeting, Duques distributed a memo about different municipal regulatory approaches. She noted that during her research, she identified 19 properties being used as short-term rentals in Centerbrook, Ivoryton, and Essex. The rentals included a mix of individual rooms in private homes and entire homes.
“I have received calls from residents who live in neighborhoods that have concerns,” Duques said at the Sept. 6 meeting. “The concerns typically have been everything from ‘I see cars from out of state in the driveway, they’re changing every weekend, [and] I don’t know my neighbors.’ I have not received noise complaints. I have not received concerns of parties or events.”
The draft would also define the length of rental for a property to be considered short-term. Duques explained that the draft currently is using 30 to 180 days.
“And we’re starting, I don’t want to say conservatively, but we’re starting not to allow hourly rentals by any means, but we’re also not going to the six-month requirement,” she said, adding that academic rentals would not be included in the ordinance because they aren’t considered short term.
At the Sept. 6 meeting, Duques referred to the town’s current regulations regarding short-term rentals. She noted that the current language does not mention anything shorter than 180 days.
“From our regulations, it says anything that is not permitted is prohibited,” she explained, adding, “We don’t state that you can have anything shorter than 180 days as far as an apartment rental or in-law apartment rental.”
While an ordinance would first need to be approved by the Board of Selectmen, according to Needleman, regulations established by PZC would follow.
“This thing is a real issue as far as I’m concerned,” Needleman said at the Sept. 6 meeting. “I think it’s a combination of an ordinance and regulations by the Commission.”
Needleman said while short-term rentals and Airbnb properties have not been a major issue in town compared to neighboring towns, he was concerned for residents who suddenly find themselves living next to a short-term rental property.
“I think people in neighborhoods don’t expect to have 15 neighbors next to them and that can happen. That has happened,” Needleman said. “It’s less of an issue in certain parts of town and more of an issue in other parts of town. My big concern is people buying properties specifically for that purpose and not being on site.”
Needleman added that he does not want to exclude Airbnbs and other similar short-term rentals from town, but was strongly in favor of establishing an ordinance and accompanying regulations.
“I think there are properties that it’s perfectly fine, that it works well for,” Needleman said. “But I think a basic rule should be that you should be on the property. The owner can’t buy a house just to put it on the rental market.”
“It’s how to regulate it and how to balance it,” said Duques.