Town of Trenton Zoning Board of Appeals 10-09-2023

Minutes of Meeting
October 9, 2023

Present: Earl Davis – Chairman
Gordon Wydysh – Member
Mark Inserra – Member
Jon Speich – Member
Mike Benedetto – Member

Guest: Leo Boulerice – Zoning Enforcement Officer

Meeting called to order at 7:05. Roll call taken.

Minutes:
Gordon made a motion to accept the minutes from August 2023 and September 2023. Jon seconded. All approved.

Old Business:
Applicant: Sandra Zehr
Parcel #195.000-1-23
Parcel Location: 8436 Trenton Falls Rd, Barneveld, NY 13304
The applicant is requesting a Use Variance to use their property as a short-term rental. Short-term rentals are not a Permitted Use in the Town of Trenton.

There was a public hearing in September at which Mrs. Zehr stated that her and her husband purchased the property in 2018 which was badly fire damaged. After remodeling and fully furnishing the property, they decided that they would like to do short term rentals at the property. The board had discussed the case as they were concerned with the type of people that would be rotating in and out. The board had tabled the discussion as they wanted to do more research and check with the town attorney. Subsequent review from the town attorney and supporting case law found that since the Town does not have regulations pertaining to short term rentals, we can’t lawfully require a use variance from these applicants. Therefore, the ZBA can just direct the Zoning officer to issue a zoning permit and then the applicant will go to the codes officer and get put on his fire inspection list for inspection of the property to make sure it is code compliant for short term rentals within New York State requirements.

A letter will be sent to the applicant advising that on the advice of the town attorney, this is a permitted non-conforming use. The Zoning officer is being directed to issue a zoning permit.

Next meeting:
The next meeting will be on Monday November 13, 2023 at 7:00

Adjournment:
Gordon made a motion to adjourn the meeting. Mark seconded. All approved.

The meeting was adjourned at 7:15 PM.