By Kate Hill
Staff Writer
The Cazenovia Town Board is working to develop a local law designed to specifically regulate bed-and-breakfasts.
If the law is enacted, bed-and-breakfast operation in Cazenovia will require a special use permit issued by the zoning board of appeals.
According to the proposed law, specially permitted bed-and-breakfast establishments will be carefully regulated and monitored to minimize adverse effects on residential properties and in residential zoning districts. The goal, according to Town Attorney John Langey is to strike a balance between the private property rights of bed-and-breakfast owners and the rights of their neighbors.
During its March 11 regular monthly meeting, the board opened a public hearing on the proposed Local Law A-2019, titled “A Local Law to Amend Chapter 165 (Zoning) of the Town Code to Regulate the Specially Permitted Use of Bed-and-Breakfast/Owner-Occupied Transient Occupancy Lodging in the Town of Cazenovia.”
The proposed law’s 60 night per year occupancy limit sparked comment from two Cazenovia residents.
Chary Griffin expressed her concern that the proposed law unfairly singles out bed-and-breakfasts as the only business limited to 60 days of operation.
Langey explained that because bed-and-breakfasts operate in residential neighborhoods rather than in business districts, they are treated differently. He also assured Griffin that the 60-night limit is not set in stone and will be the topic of future committee discussion.
Laurie Cornell stated that as a resident of a neighborhood near a prospective bed-and-breakfast, she would welcome the 60-night occupancy limit. She expressed concern regarding the impact of a bed-and-breakfast on the character of her neighborhood, the quality of life of its residents and the resale value of nearby homes.
Cornell also questioned the ambiguity of the law’s requirement that homeowners be present during “nighttime” or “evening hours” to ensure oversight.
In response, Langey advised the board to consider specifying the hours during which a homeowner’s presence will be required.
Based on the county’s feedback on the proposed law, Langey also suggested that all references to “home occupation” be removed from the “bed-and-breakfast” definition to avoid confusion.
“We could [instead] say ‘a bed-and-breakfast is a specially permitted use occurring in an existing one family dwelling operated by the permanent residents . . .’” Langey said.
Town Supervisor Bill Zupan closed the public hearing and announced that a revised version of the proposed local law will be re-noticed and posted on the town website. A public hearing on the new local law is scheduled for the board’s regular monthly meeting in May.
The board held a second public hearing to invite comment on the proposed Local Law B-2019, titled “A Local Law to Amend Chapter 165 (Zoning) of the Town Code to Provide for Luxury Camping as Part of a Mixed Use in the Rural B (RB) District in the Town of Cazenovia.”
According to Langey, glamping, or camping in seasonal luxury tents, is an increasingly popular land use in New York State.
If enacted, the proposed law will provide property owners located within Cazenovia’s RB District (on the north side of Route 20, east of the village and west of Nelson) with a means and procedure by which to offer luxury tenting.
The use is restricted to properties that are 40 acres or larger and already provide recreation and entertainment services.
In his explanation of the proposed law, Langey said glamping would be allowed only through the issuance of a special mixed use permit by the zoning board of appeals and upon the granting of a site plan approval by the planning board.
He also noted that such use would be subject to a number of additional requirements.
“There is a lot of regulation on this use, but it is all designed to make sure it fits in seamlessly with any surrounding uses,” said Langey.
Langey also explained that the committee was under the impression that the RB district included a number of parcels that it does not. Therefore, the board plans to better define the parcels and to re-notice a revised version of the proposed local law.
Prior to both public hearings, Cazenovia resident Jody Reynolds requested an update on the status of the efforts to bring Empire Brewery into compliance with the regulations of their wastewater discharge permit.
Reynolds inquired about the status of compliance and whether or not penalties had been imposed.
Zupan explained that because Empire is currently not brewing, the town’s intensive schedule of sampling has been pushed off. Langey added that he, Jim Cunningham (of Madison County Sewer District) and the town supervisor plan to meet with Empire to discuss any progress or failings.
“The ultimate goal is to get compliance from them,” Langey said. “If penalties are a part of compliance, then penalties will be assessed.”
The board will update the public at its next meeting.
The Cazenovia Town Board meets the second Monday of every month at 7:30 p.m. in the Gothic Cottage.
