The marijuana "opt-out," short-term rentals and a related discussion of “Guest Cottage” will be on the agenda for public hearings in Bolton next month. The hearings are scheduled for Sept. 7, Jodi Petteys the town clerk confirmed today.
Marijuana, possible opt-out
If discussions at the town board meeting earlier this week were any indication, Bolton may join Watertown and “opt out” of allowing retailers to sell marijuana within the town boundaries.
“We’d like to be able to see how this affects other communities before we jump in full-bore,” said Supervisor Ron Conover during the meeting. Later, he said he was waiting to see what the public thought before making up his mind.
This is part of the Marijuana Regulation and Taxation Act, passed by Gov. Andrew Cuomo earlier this year.
Two questions exist for each locality in the state to consider: will they allow retail sales of recreational marijuana in their jurisdictions and will they allow “consumption” sites; that is, locations similar to bars, but with pot instead of alcohol.
Those that do nothing are automatically “opted in” to both sales and consumption.
Localities that choose to “opt out” by Dec. 31 will not get revenue generated from marijuana sales. However, a town may change its mind and later opt in. Also, the public may bring the issue to a vote on a referendum to allow the sales. [See our estimates of those taxes here.]
Short-Term rentals
The town of Bolton will continue to take public comment on the Short-Term-Rental ordinance, #47. This is the ordinance that has been before the town since early this year. It regulates use of homes as rental property and requires landlords to have permits with the town, collect occupancy taxes for the county, and allow reasonable access to the dwelling by the county, among other restrictions.
The board has been talking about this since at least February. The board has taken a lot of public comment and may be ready to make a decision.
The town could decide to approve the ordinance as written or with minor changes in September, the town’s attorney Michael Muller said in an interview today. If the board decides to make substantial changes, they will need to hold more public hearings on the changes in the ordinance, Muller said, adding, he does not know which way the board might go.
With that ordinance comes Local Law #1, which changes local zoning law to define both “short-term rental” and “guest cottage.”
Muller said the Adirondack Park Agency has a say in these changes and has approved the town’s definition of short-term rental “without comment.” The definition says, in part, they are residential homes being used as rental property for less than 30 days, and they are allowed for rent with a town permit only.
The “Guest Cottage," after input from the APA, is defined as an accessory structure on a property intended for use by guests of the primary residences. The owner may not collect a fee or rent. Cottages may be up to 1,250 square feet or 50% of the main house’s size, whichever is less, the amended law says.
Under the ordinance as written, a “Guest Cottage” cannot be rented as a short-term rental. It can only be loaned to guests.
However, a landowner with two full-sized houses could rent one or both as STRs, so long the two were on property that allows for two full-sized houses, Muller said.
It is all about having the acreage and space.
[See our coverage here and here.]
Sidebar: At the meeting, the board OKed the parking restrictions along Steward Street (near the site of Happy Jack’s Surf Shack). [Read more about that here.]