Short-term rentals discussed in Millbrook

MILLBROOK —  For the past several years, there has been an increase in the number of people looking for hospitality in the towns and villages in this part of the county.

Bed and breakfasts have sprung up; a few already established inns have looked to expand, while other plans have been offered but got bogged down in public hearings and outcries and have stagnated. This has caused some communities to conduct reviews of their comprehensive plans in terms of hospitality rules and regulations.

The Town of Washington took a second look at its Comprehensive Plan over a period of more than two years. Officials refined the original ideas and concepts, hired a team of consultants, held forums and conducted surveys, and at the end, came up with something very close to the original plan. Yet they saw a need for more places where people can find accommodations for short stays.

Visitors spending more than a day are likely to shop, dine out, visit local tourist attractions and frequent area businesses, all good for the local economy. Yet some residents don’t want the character of the village or the town to change.

The Village of Millbrook board meeting on Wednesday, July 12, and the public hearings at the Town Hall on Thursday, July13, both included time spent discussing the topic of short-term rentals (STR).

The town and village are conducting their research separately, and there may be some differences when all is said and done, but there are many items that are inherently important to both town and village, so many of the rules and regulations will be similar if not exactly the same.

Washington has been involved in this study for almost three years, and has moved further along than the village. Trustee Mike Murphy gave a history and progress report of what he and his committee had done. They recommend a permit for STRs be issued for a period of two years, renewable 30 days before the expiration date.

Only an owner may apply for the permit and the permit must be noted in any advertising for the rental. If a property is sold, the permit is null and void. They are looking to issue between 30 and 40 permits, with a fee of $1,050 for the two-year permit.

Other town requirements include that all applications are subject to a Floor Plan Review, approved by the code officer. Insurance, parking agreements, following a noise ordinance, and other stipulations can be found in the document.

Village trustee Peter Doro discussed his findings at the meeting, saying he leaned heavily on what has been done in the Village of Rhinebeck. The next step is for a resolution to be called for at the August meeting, followed by a public hearing in September. The code would then be added to the Village Zoning Code.

Both municipalities want STRs to obtain permits, and that they be limited to two per person, family or household. This will prevent corporations from buying up properties and commercializing the area.

The Village is proposing a limit of 15 STRs within the village, requiring yearly permits, building and fire inspections, and a fee of $500. If more than 15 applications are received, it can be done by lottery, and no permit may be allowed for any lot located within two lots from a lot where a current permit has been issued from a lottery draw. Any STR advertising must contain the permit number and the permit must be displayed at the rental site.

Village documentation describes the STR as a non-hosted single-family or two-family dwelling, or an accessory dwelling unit, with one to three bedrooms, restricted to lodging only with no other commercial services offered. In order to qualify, the property must be the owner’s primary residence and be owner-occupied for at least 260 days each calendar year.

Restrictions or requirements have to do with keeping the current character of the village as is—no changing the appearance, including lighting or other materials; it must remain residential.

If an owner is leaving Dutchess County overnight during the rental, an agent must be engaged and available 24/7 with the ability to enter the property within two hours of having been notified by the village.

There is a limit of six lodgers, not more than two to a bedroom, with the guest bedrooms limited to the main dwelling and/or one accessory building. Any guest room in an accessory building shall have sanitary facilities within that accessory building approved by the applicable authority.

The village will limit STRs to 16 days per year, and no more than one rental allowed within a seven-day period. Records must be kept for a minimum of three years. The town is allowing for up to 31 rental days per year.

   Both the town and the village are in favor of strict enforcement of codes, rules, and regulations, and fines and withdrawal of permits will be used to enforce compliance. The village proposes a $1,000 fine for the first offense and a $2,000 fine for the second offense. A third violation will result in the revocation of the permit, or if the property is operating without a permit, the owner will be prohibited from applying. Property owners operating a short-term rental in violation of the above listed standards will be given a 90-day grace period in which to become compliant.

The town and the village both mentioned Granicus, an agency with software that can provide help in maintaining records, and can actually collect the rental fees, pay taxes and other fees, with the government paying up to $5,000 toward the agency fee. The agency can also keep track of permit information, violations and provide other information and backup for property owners. Dutchess County collects a hospitality tax on all rentals, but so far, the local municipalities are not looking too closely at that.

Because there have been many complaints, mostly about noise and parking, both municipalities believe the restrictions are necessary and expect that resolutions will be made and new laws voted in during the next few months.