To bnb or not to bnb is the question for Somerset

Dec. 13—BARKER — The Somerset town board has opted to wait on passing a law that would regulate short-term rental properties, more commonly known as Airbnbs, after fielding a slew of concerns from town residents.

Just like several neighboring towns in Niagara County, Somerset is aiming to get a handle on the vacation rental housing market and the rights of such property owners and their neighbors.

"Right now there's no law to say you have to get a permit for an Airbnb," supervisor Jeff Dewart said.

In the current draft of Somerset's law, short-term rental properties would be subject to inspection by the town's code enforcement department and the owners would pay an annual fee for an operating permit after appearing in front of the town planning board. Town attorney David Haylett noted this is similar to what traditional owner-occupied bed and breakfast establishments must do.

"We're not trying to do government overreach, but make sure that conditions are put in place that serve people in the neighborhood," Haylett said.

Prior to the board's monthly business meeting Wednesday, a public hearing on the proposed law drew about a dozen neighbors and owners of short-term rental properties who shared their thoughts and concerns on the proposed law.

Neighbors of the properties voiced concerns largely over issues of the "disruptive" behavior of occupants of short-term rental properties.

"I look at it as a hotel 10 feet from my window. And it's intrusive, it's invasive. We've had dealings with people trespassing over just a handful of weeks that it's been open," homeowner Laura Smith said.

"We have one on our street," Chris Walsh added. "The owners do not live there and there's a constant changeover of people (staying on the property). During the week there might be two or three different groups of people coming through the neighborhood that we have no idea who they are, or where they're from or what their intentions are."

Noah Popovich, who owns a short-term rental on his property, said the law is unnecessary and there are other, existing methods to address potential issues.

"It's redundant in that issues that can be mitigated through this law could also be mitigated through other ordinances in the town," Popovich said.

He further argued that short-term rentals should be encouraged as they could have a positive impact on the town by bringing in visitors who would support local businesses.

The public hearing went on about 45 minutes, and the town board ultimately decided not to vote on the current draft of the law Wednesday night.

Dewart said the board and the town attorney will continue "tweaking" the draft based instead on the input of residents and will plan on discussing it again during the board's Jan. 3 meeting.