Happening This Weekend - 6/1/2018
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Beacon City Council Votes "No" to Airbnb Type Short-Term Rentals - Striking Down Their Own Legislation
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Photo Credit: An Airbnb in Rome. We did not want to affiliate anyone's unit with this article. When in Rome...
UPDATE 2/7/2020: This ruling still stands. Beacon has not legalized “short term rentals” which is what Airbnb falls under. Therefore, people who do run an Airbnb from their home are subject to getting a cease and desist letter from the City of Beacon. Is it a bummer? It is. Airbnb in its simplest form is fun and useful. But Airbnb needs to respect municipalities (Airbnb is known to not be cooperative), and homeowners need to respect zoning laws of the city and their neighbors. So there we have it until this is revisited by City Council for a new vote on the legislation they crafted but voted against at Airbnb homeowner’s requests.
The headline of this article might seem odd, because it implies that Beacon's City Council was not in favor of short-term rentals (aka Airbnb or home-sharing). Council members actually largely did support homeowners renting out their homes to earn extra income. The night of the vote, homeowners who rent out spaces via the Airbnb website had come to the City Council meeting to ask the Council members to vote against the legislation that the Council had been crafting to legalize short-term rentals in Beacon based on the public's input for the past several months.
In a vote of 3-4, with Mayor Randy Casale, Jodi McCredo, and Lee Kyriacou voting "Yes" to legalize short-term rentals, the rest of the Council voted "No." After tallying the votes, the Mayor announced: "The law does not pass. What that means is that all short-term rentals are illegal in the City of Beacon."
The resulting silence was stupefying. It lasted for 24 seconds. The night had been set up for the vote to pass. Homeowners and people who cleaned short-term rentals had shown up to demonstrate their support for short-term rentals - yet asked for a "No" vote. They then got that "No" vote, along with the declaration that short-term rentals were illegal in Beacon because there was essentially no law at all in the first place to protect them.
Editor's Note, 6/1/2018: By default, short-term rentals in Beacon were prohibited, so they were never allowed in the first place (hard concept to grasp, but we explain below), nor had any protections. This legislation would have legalized them, and required them to get a permit.
Two additional pro-short-term rental laws were also being proposed, on the assumption that short-term rentals would be legalized:
One proposed law would set the new permit fee;
The other would have urged New York State to set its zoning code for short-term rentals, and separate short-term rentals from being classified as Bed and Breakfasts. At the state level, that classification requires that homes have sprinkler systems or egress windows for fire safety.
Technically, there is no law about short-term rentals in Beacon, so there is nothing in place to protect them. According to Beacon City Attorney Nick Ward-Willis, new things like short-term rentals that are not specifically written into Beacon’s Zoning Ordinance are prohibited. Said Nick via email: "The Beacon Zoning Ordinance provides in the Schedule of Use Regulations a list of permitted uses within a zoning district and provides that 'No building or premises shall be used and no building or part of a building shall be erected or altered, which is arranged, intended or designated to be used, in whole or in part, for any uses except the following [see the Schedule of Uses].' Any use not specifically listed shall be deemed to be prohibited.”
Why Now? Why Are Short-Term Rentals Being Contested?
Beacon’s City Council has been debating how to legalize short-term rentals since December 2017, after a Beacon resident and new owner of 51 Orchard Place cut down 13 trees in his yard without a permit, and listed the home on Airbnb. Some of his neighbors were enraged (others supported the tree removal), and brought to the City Council their concerns that homes in neighborhoods were being purchased not as primary residences, but as investment properties (aka "non-owner occupied"), thus altering the neighborhood feel.
Those against his listing of the Orchard Place property on Airbnb presented a petition to ask the City to define regulations about short-term rentals, but not stop the practice entirely. Neighbors were demanding that the City enforce that short-term rentals be illegal in Beacon, but there wasn't an ordinance either way about whether they were allowed or not. Hence the default to the rule that the City Attorney mentioned above.
The legislation that the City Council crafted (after several rounds of drafts) essentially legislated this house out of being a short-term rental because it was not the owner's primary residence. This home has since been unlisted from Airbnb, and put on the market for an asking price of $699,900. The Zillow estimate of the home is $412K.
Wait, What? Short-Term Rentals Are Illegal in Beacon?
According to a letter submitted by Airbnb to the City of Beacon, in 2017 alone, over 9,100 people stayed in Beacon in an Airbnb. Also in 2017, Dutchess County took in over $220,000 in taxes from the 4% Bed Tax paid by Airbnb on behalf of its homeowner hosts, according to Dutchess County Legislator Nick Page, who we reached out to for numbers. Based on those stats, there are far more people coming to stay the night in Beacon than there are hotel rooms to house them in Beacon or in Fishkill. There is a huge supply of people coming to Beacon to stay the night.
Other cities have been operational in the home-sharing market, but in an unregulated or protected way. For instance, in a suburb of Columbus, OH, called Upper Arlington, Airbnb was beginning to thrive, as people would seek to stay there when visiting for Ohio State University games. Last month, Upper Arlington voted to make all short-term rentals illegal, and stated to revisit it in one year.
Beacon had been drafting a law to allow short-term rentals (see our highlights of what was in or out here). Some topics that were addressed included possible limits on how many days a property could be rented, and what spaces were not rentable - attics, or basements, or RVs and tents in backyards. Other cities do have a limit on the number of nights homeowners can rent out, and Beacon started with a 100-day maximum, but during a public meeting, Council Person John Rembert suggested that the council revisit that after hearing public pushback against the maximum. The City Council did throw out that maximum. See the final version of the law here for what was included or not.
The final version of the bill called for one added expense for homeowners: a permit that would be good for two years and could be renewed. And that was the only added expense.
The Issue of the Sprinklers
Once you have the OK to set up shop in Beacon as a short-term rental, you have to also be OK with New York State code, and in compliance with whatever the state says. The state has not yet defined its code requirements for short-term rentals. It drafted a law, but that law has been stalled for a long time. In New York's draft of a brand-new state law for short-term rentals, sprinklers are not mentioned, and the fire-safety requirements for a homeowner would include "conspicuously" posting a list of emergency phone numbers for police, fire and poison control. They would also need to have a working fire extinguisher. However, we asked Beacon's Dutchess County Legislator, Nick Page, if he knew of any movement on that new bill. "Not as far as I know," was his answer.
If there is no code specified, Beacon's Building Inspector, Timothy Dexter, has stated that he would go by the Bed and Breakfast fire code, which requires sprinkler systems in the home or an egress window that can be pushed out.
Homeowners found that threatening and not affordable. However, if New York State completes their law, this could all be a moot point. The Beacon law was requiring that homeowners comply with New York State law - which people need to do anyway with state laws. Beacon's law was simply to say that short-term rentals in a primary residence were OK, and outlined some rules - which did not specify sprinklers.
What Was Beacon's Law For? What Got Voted "No"?
Beacon's law would have legalized short-term rentals in the city of Beacon, and had nothing to do with state law (because there currently is no state law around short-term rentals). The state law could have included the sprinklers depending on interpretation by the Building Inspector, based on guidance he got from the state, according to the City Attorney. During the night of the city council's vote, the City Attorney went on to say that the state has to regulate short-term rentals somewhere, and until there is something official, that somewhere is code relating to Bed and Breakfasts. However, he noted, the regulation could be in a more restrictive area called R1, but the State is seeking the less restrictive of Bed and Breakfast.
Said the City Attorney that night: “We are talking about two distinctions. What the zoning permits, versus what the state permits. You can regulate zoning, but you can’t regulate what the state code provides for.” Two different laws. Beacon's law would only have green-lighted the concept of short-term rentals in the Schedule of Uses, and how that would work.
Here's a screenshot of what a portion of what Beacon's Schedule of Uses mentioned above looks like. See those line items? Behind each item on this list is how the area of interest would work, according to how the City of Beacon regulated it. The short-term rentals regulation would have put Short-Term Rentals onto this list, with certain rules to follow (here's a link to the law's final draft, which was voted down).
Remember About the Tattoo Parlors? An Ordinance Was Written To Make Tattoo Parlors Illegal in Beacon, Until...
Editor's Note: This section was edited on 6/13/2018 after more information was provided by Keith Zahra in the Comment section).
Alright. Do you see Tattoo Parlors in the list above? Many years ago in 2000, under a totally different City Council, there was a tattoo parlor in town called Zahra's Studio. Tattoo parlors didn't have an ordinance at all. Much like short-term rentals don't have an ordinance at the moment (which by Beacon law, makes them illegal unless they have an ordinance defining how they should run). Some people didn't want tattoo parlors in town anymore. To lock that in and make sure the tattoo parlor couldn't operate legally, an ordinance was written and passed that banned any and all tattoo parlors. Zahra's Studio eventually closed, but not because of the ordinance, according to owner Keith Zahra in the Comment section of this article below!
Said Keith in an outtake of the comment below: "[I was] Open and running for years after the statues of limitations voided any possible future enforcement of the existing tattooing laws. I had a New York State Supreme Court lawsuit filed against City of Beacon for constitutional violations. This case is a lot more complicated than the simplicity of a prohibition and a grandfather clause. City of Beacon violated tattoo artist’s rights like no other government municipality in the country, it was becoming a legal precedence in the industry." Scroll down or click here to read more about his experience with the law. Twelve years later, that rule was reversed, and tattoo parlors were allowed.
Matthew Montleon, owner of Honorable Ink, was responsible for instigating the reversal of a law that prohibited tattoo parlors in Beacon. There is no law written to prohibit short-term rentals in Beacon, but City Council voted down a law written to protect them, leaving short-term rental law in the gray and beholden to default law.
Photo Credit: Katie Hellmuth Martin
Matthew Montleon, founder of Honorable Ink, the popular tattoo parlor on Main Street, approached the City Council in 2012 to have this reversed so that he could open his own tattoo parlor, Honorable Ink. According to a Poughkeepsie Journal article he has framed in his establishment, he had the support of Mayor Casale and Council Person George Mansfield, who worked to reverse the rule, saying that tattoos were part of our culture now, especially in our artist-friendly town of Beacon. You may remember the videos on it as Matthew showed up to debate the topic and present his case.
According to Matthew, not only did the City Council reverse the ordinance, but Mayor Casale suggested writing a new ordinance to legalize tattoo parlors, which would have set rules on how tattoo parlors could operate in Beacon, assuming they followed New York State health code and any other code New York State set. This is how legalizing tattoo parlors in Beacon in 2012 played out.
This situation could be likened to the move to legalize short-term rentals in Beacon. Only this time, Council Person George Mansfield voted against legalizing short-term rentals, and the Mayor voted for legalizing short-term rentals. Even though both of them were advocating for homeowners who wanted to rent their homes out in the short-term market.
New York State Law vs Beacon Law - Totally Different Things
Being that there is no clear-cut definition of fire safety code for these properties, Beacon's Building Inspector was leaning toward enforcing sprinkler systems or egress windows as called for in the New York State law concerning Bed and Breakfasts, based on guidance he got from the state, according to the City Attorney, who went on to explain:
“Other communities have not addressed this. ... They have turned a blind eye to the building code enforcement issue. Now that the issue is out there in the forefront, the building inspector’s viewpoint is it’s a fire, life, and safety issue, that ultimately is on him. If he turns a blind eye to it, and there is a casualty, ultimately it’s on him. I don’t want to be an alarmist, but there are examples of where there is criminal prosecution against building officials who do not enforce a code provisions when they are in knowing of violations. For him to continue to turn a blind eye, I don’t think is within his job description.”
It should be noted, however, that should New York State define its law, for short-term rentals, nothing changes in the Beacon law - only the requirements of the state law. Neither the proposed state law nor the Beacon law mentioned sprinkler systems or egress windows.
During the night of the vote, City Attorney Nick Ward-Willis recalled how he contacted a few people at the State level to get further clarification, but was unable to find any. "At the New York State Department of State (DOS), I spoke with Justin Cartwright, Director of Legislative Affairs for the NYS Department of State (who Airbnb referred us to). Mr. Cartwright referred us to Joseph Ball, Associate Attorney in the Department of State’s Office of General Counsel. We also spoke with Mark Miranda, Regional Contact, Department of State, Division of Standards and Codes." He was unable to get clear answers on fire-safety enforcement for short-term rentals, since no law exists.
Therefore, written into Beacon's law, was a requirement for the building inspector to inspect a prospective short-term rental to see if the short-term rental was compliant with "the International Series of Codes and New York State Code Supplement," and then make a recommendation from there. The city attorney also mentioned that an individual who disagrees with the building inspector’s interpretation of the International and State Code provisions may appeal to the NYS Department of State, Division of Building Standards and Codes, by filling out and submitting an application form available at: https://www.dos.ny.gov/Dcea/pdf/2078-a-f.pdf.
During the Council's last Workshop on short-term rentals on April 30, 2018, the City Attorney did suggest that a way to trigger New York State into addressing the fire code issue was to file a lawsuit against New York State.
Can Sprinklers Be Written Out of the Law?
Moments before the vote took place during the May 21, 2018, City Council Meeting, George Mansfield asked the city attorney if Beacon's law could be written so that sprinklers were not required. The Attorney answered that the law could not, that a state code could only be added to, and not subtracted from, at the city level. "The city does not have the ability to create laws or definitions or regulations for the State building code. You could apply stricter interpretations, but you can’t have it less permissive. The city does not have the ability to influence the State code interpretation."
The proposed local law required that homeowners follow New York State law, which could change at any time, given pressure to the state to complete their law. If New York State law changes, nothing would be amended into Beacon's law. Meaning, if New York follows through with only requiring a fire extinguisher and list of phone numbers, then that is what people would need to do because they need to follow New York State law.
Plus, Did You Know That Major US Cities Like NYC Actually Heavily Regulate Airbnb?
The headlines at major news outlets have been popping up recently. Some communities turned a blind eye to short-term rentals not being on the official list of things allowed and not allowed (like Beacon did). Others turned a blind eye, but after complaints, created legislation to officially shut down the practice (like Upper Arlington, that suburb outside of Columbus, OH). Cities like Miami Beach don't allow it in certain zones.
Surprisingly, New York City has very tight restrictions on short-term rentals, as pointed out by a recent CNBC article, which states:
New York City, which Airbnb lists as its top destination for guests, has some of the tightest restrictions on short-term rentals in the country. It is illegal to rent out an entire residence for less than 30 days in New York City. Short-term rentals are permitted only if the homeowner is also staying there throughout the rental period and there are no more than two renters.
New York Gov. Andrew Cuomo signed a law in 2016 making it illegal to advertise occupancy for short-term rentals in buildings with three or more units (here's the state law). Violators are subject to fines of up to $7,500.
Beacon's proposed law imposed no limit on the amount of nights the property could rent per calendar year. Beacon's proposed law did not require the homeowner to be on the property at the time of renting. Beacon's proposed law did not restrict short-term rentals by zone.
Did Beacon have a bird in hand, and not realize it?
Did the council members who voted "no" do it as a bluff or statement against the sprinklers (that weren't even in the local law)? Not realizing how many of them would trigger a majority?
Did that many constituents who supported short-term rentals ask their council member to vote "no," and were maybe confused about how a vote of "no" would pan out, or what it included? That this vote was a separate issue from The Sprinkler Issue?
Beacon Was Being Progressive - So What Happened?
The night of the vote, Council Person George Mansfield stated that his vote of "no" was contingent upon Beacon asking New York State to hurry up and decide already about their fire-safety code. However, a vote of "no" does nothing to protect short-term rentals during the time in which it takes New York State to move in any direction - which could be a long time.
Additionally, if New York State did decide to only require a list of phone numbers and a fire extinguisher as their required fire code in short-term rentals, the vote in Beacon would not be retroactive.
We reached out for comment from the council people and heard back from everyone but Mayor Casale, John Rembert and George Mansfield. They get a lot of emails, so we get it if ours was lost.
Terry Nelson, who voted against the legislation stated: "I personally received an overwhelming amount of email urging me to vote 'no' and these came from short-term rental (STR) owners. Their rationale was that the proposed resolution was a step towards driving them out of business. My reason for voting 'no' is that the resolution did not adequately address many of the subtle nuances of STR ownership. Also, it would create a system in which only those with the financial means would be able to be in the STR business."
When I asked Terry for clarification on the financial implication, Terry referred to the possible New York State mandated sprinkler system or egress window requirement that Bed and Breakfasts need to conform to. But sprinklers are not in the currently stalled New York State law, and they were not in the local Beacon proposed law. Terry referred to other fees in the proposed law, but there only seems to be a permit fee in Beacon's law. So fear of additional fees as a reason to vote no on Beacon's law is unclear, since the Beacon law that was up for a vote did not require sprinklers.
Jodi McCredo, who voted in favor of legalizing short-term rentals, stated: "I did receive requests to vote 'no' as well as requests to vote 'yes.' I believe that voting 'yes' to the law, along with the resolution to request state action and a grace period on the code until the end of the year, was the bast way to help our owner-occupied short-term rental hosts stay in business while shutting down the non-owner-occupied short-term rentals that most of the community seemed to be against. The 'no' vote simply shut down everyone."
Lee Kyriacou, who voted in favor of legalizing short-term rentals, stated: "There looked to be a concerted effort to encourage a 'no' vote. In my view, no change in current law keeps all short-term rentals illegal, which leaves the city free to chase them down. The proposed local law that did not pass 3-4 would have legalized owner-occupied short-term rentals."
Amber Grant, who voted against the legislation to legalize short-term rentals, stated: "Throughout the entire process of crafting the legislation, I heard a lot from constituents. I also spent time with many of them, listening to their concerns and even touring a short-term rental. I thank everyone who made their voices heard."
So What Happens Now?
If you have seen the movie Evita starring Madonna, then you may recall the song, "Another Suitcase In Another Hall," in which Madonna sings the recurring breakup song, with the emotional line: "So what happens now?" wondering where she is going to go. The song ends with a character in the movie answering in whisper: "Don't ask... anymore..."
So... to be continued.
Here's the final proposed law that was voted on, in case you're interested in what was allowed for short-term rentals, in case it comes up again. Jeff Simms, Beacon beat reporter for The Highlands Current, got his article up about it last week, if you want another recap.
Related Links to Airbnb Legislation in Beacon:
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Antalek & Moore Expands Into Ulster County and Welcomes Rob DeWit (Sponsored)
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Grand Opening of Antalek & Moore Marlboro Location!
WHEN: Thursday, May 31
TIME: 3 to 7 pm
WHERE: 1313 & 1311 Route 9W, Marlboro, NY
Beacon residents are lucky to have a service like Antalek & Moore Insurance Agency right at our fingertips! With their track record of success in the community, Antalek & Moore is expanding into Ulster County with a new office in Marlboro, NY. “There seems to be a business barrier when it comes to the Newburgh-Beacon Bridge,” says Susan Antalek Pagones, co-executive partner at Antalek & Moore. “We wanted to overcome that obstacle and found that opening our own office on that side of the river would be the perfect way to do so.”
Co-Executive Partners Vince Lemma and Susan Antalek Pagones, both in the Beacon office, are excited about the expansion of their agency. While they have always served customers who live outside Dutchess County, this gives the agency the chance to be right in the heart of the Marlboro community. They pride themselves on community involvement and support, and look forward to making many new relationships to carry on that commitment to their neighbors.
Antalek & Moore Welcomes Rob DeWit To The Team
In addition to opening the new location, Antalek & Moore welcomes a new member, Rob DeWit, to the team. Rob is a longtime insurance industry expert and will be a crucial asset to the team as they make the move. “The reason why I chose insurance was I wanted to make a difference and help people when they need it most," says Rob, in the company's press release announcing the expansion.
“We are very excited Rob has joined the Antalek & Moore team,” says Vince Lemma. “He will bring many years of insurance industry experience and he is looking forward to help grow in Ulster, Sullivan and Orange counties.”
Rob comes with over 14 years of experience in the insurance agency; he got into the business while working for a family member that owned an agency. That agency grew over the years and he quickly moved into the role of vice president, overseeing offices throughout Dutchess, Orange and Ulster counties.
Says Rob: "We supply a product that is only used when tough situations arise, and I want to be there for my customers when they do.” Joining Antalek & Moore was a no-brainer, “as I wanted to work for an agency with a family atmosphere. Antalek & Moore brings this, as well as a pristine reputation in the industry. It is important for me to work for a company that values employees, as well as integrity."
Rob is a graduate of Dutchess Community College and has an associate's degree in business administration. He is a lifelong resident of the Hudson Valley and enjoys all that the valley has to offer with his two daughters, who live close by.
About Antalek & Moore Insurance Agency
Antalek & Moore Insurance Agency is a family-first business and has been open since 1853. With this experience under their belt, there is no doubt to why they have been trusted for so long. They are a full-service insurance and risk-management agency with main offices located in Beacon, NY. Executive Partners Susan and Vince own one of the original Main Street agencies, offering commercial and personal insurance solutions to customers in the Hudson Valley community, broader New York region, and across the country. Being in the business for over 80 years has taught the agency that people want nothing more than an agent who is knowledgeable, trustworthy and accommodating to the client’s needs.
You're Invited to the Grand Opening in Marlboro, NY!
Please join in on the Grand Opening being held Thursday, May 31, from 3 to 7 pm at 1313 & 1311 Route 9W, Marlboro, NY. Refreshments will be served, and you will have the chance to meet members of the Antalek & Moore staff from both locations.
Antalek & Moore is a sponsor of A Little Beacon Blog, and this article was created with them as part of our Sponsor Spotlight article program. It is with the support of businesses like theirs that A Little Beacon Blog can bring you coverage of news, local happenings and events. Thank you for supporting businesses who support us! If you would like to become a Sponsor or Community Partner, please click here for more information.
Memorial Day Ceremony in Beacon 2018
/PLEASE NOTE! This article is from 2018. If you are looking for Memorial Day 2019 in Beacon, or any current events, please see A Little Beacon Blog’s Event Calendar here. Also, please see this Memorial Day Engagement Ring Story from 2019, that also has parade details.
Today we honor the fallen and salute those who serve today to protect us. Thank you.
Memorial Day Ceremony
Day: Monday, May 28, 2018
Time: 11 am
Location: American Legion - Beacon Post, in the Memorial Building, 413 Main St., Beacon, NY
Get a bite to eat at the Yankee Clipper Diner Restaurant, Beacon Pantry, or Ella's Bellas afterward.
The Chocolatiest Ice Cream Sandwich on Main Street: Zora Dora’s
/Because this is legit and you need one in your life: The new ice cream sandwich at Zora Dora, on the west end of town, is made with their own vanilla bean ice cream, which is also intensely, perfectly, creamily good. The whole thing also happens to be gluten-free. Next time you’re in, ask the owner to pint that ice cream so that we can take it home. If Hudson Valley Brewery has “can releases,” maybe Zora Dora can have “pint releases”?
Find this and more in A Little Beacon Blog’s Restaurant Guide. And check the Shopping Guide while you’re here because you’ll need a cool snack like this to help fuel your trip down Main Street!
Amber Alert NY May 16, 2018 - Owen Hidalgo-Calderon (14 months)
/From the alert on our phones on Friday morning. Google posts Public Alerts, and here is this one for the New York area:
Owen Hidalgo-Calderon (14 months)
Last seen May 16, 2018 in Sodus, NY
AMBER Alert Update. The child was possibly last seen with Ebavardo Gutierrez Reyes on or about 5/16/18. Please contact the below phone numbers with any information.
The WAYNE COUNTY SHERIFF'S DEPARTMENT has activated the New York State AMBER Alert and is investigating a child abduction that occurred on JOY ROAD, in SODUS NEW YORK at about 9:48 AM on 5/16/2018.
The CHILD, OWEN HIDALGO-CALDERON is a Hispanic male, approximately 1 year 2 months old with short, brown hair and brown eyes. He is approximately 2 feet and weighs about 30 pounds. OWEN is known to need ASTHMA MEDICATION and was last seen wearing UNKNOWN.
The CHILD WAS TAKEN UNDER CIRCUMSTANCES THAT LEAD POLICE TO BELIEVE THAT THEY ARE IN IMMINENT DANGER OF SERIOUS PHYSICAL HARM AND OR DEATH. Anyone with any information on this abduction is asked to call the WAYNE COUNTY SHERIFFS DEPARTMENT at (866) N Y S-AMBER or dial 911 to provide information on a report or sighting.
If you have information, contact:
The Wayne County Sheriff's Department
Call: 866-697-2623
Happening This Weekend 5/25/2018
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Public Speaks Out About Airbnb Short-Term Rentals to City Council in Public Hearing
/Please Note: This article was originally written in April after the Public Hearing on Short-Term Rentals on April 2, 2018, but had not been published yet. It is being published now to be used as reference for an upcoming article after Beacon's City Council voted on May 21, 2018, against creating legislation to officially legalize Short-Term Rentals, thus leaving them illegal by default.
Attending the Public Hearing on Short-Term Rentals was an enlightening experience to hear the inner workings of how renting out one's home - or a room in one's home - works on Airbnb. The meeting was not specific to Airbnb, but most everyone who voiced their feedback for the proposed legislation was using Airbnb and referred to it in their experience. There was not a common thread to identify a single type of person who would use Airbnb. They were men, women, single men, single women, people with young children, people who cleaned the Airbnb homes, renters or homeowners who lived below or next to a property listed on Airbnb.
What Is Available in Beacon on Airbnb?
Before we get into what the public said, let's take a look at what is available on Airbnb in Beacon, and how people approach it here. The photo above includes a picture of penguins that hangs in a room available on a short-term basis. That is the "Antarctica Room" that you can rent from Aga and David, who may be in the house with you during your stay in this private room, or they can leave you in private. According to the listing, "the room currently displays an exhibition of Antarctica by your host." It comes with a hair dryer, option of a bassinet, and "the queen-size bamboo mattress is the right blend of firmness, softness and all around comfiness with lux linen bedsheets." This listing has 85 all-star reviews, and does not allow smoking, pets, or parties. What did one guest think?
"We really enjoyed our stay in Beacon at Aga and David's place! Our visit was brief, but it was nice to get to meet David. The room is charming, the private bathroom is so nice, and we loved their taste in decor. And the bed was very comfortable. :)
This Goldilocks rooming scenario is very real in Beacon and all over the world, but is largely unregulated. Beacon's city government is stepping up to the plate again, after trying once in 2014, to try to regulate it. Based on recent outcry from neighbors of a house purchased as an investment property by a Beacon resident, David Allis at 51 Orchard Place, the City Council scheduled a public hearing to hear ideas and feedback from the people of Beacon. Said Mayor Randy Casale at the meeting: "Right now they [short-term rentals] are all illegal. We are trying to figure a law out to make it legal."
Those Not In Favor...
Submitted to the public hearing was a petition with 70 signatures. Elaine Ciaccio, a neighbor of the Orchard Street house, asked for specific regulations:
We call on the City of Beacon to regulate short-term rentals in single-family residential neighborhoods. In the last four years the number of short-term rentals have more than doubled. This destabilizes our
neighborhoods, effects quality of life and has a negative impact on the rental market.
- Ban non-owner occupied whole home short-term rentals.
- Require registration and establish regulations that maintain the zoned character of our residential neighborhoods.
Also submitted, but not read aloud, was a letter from Airbnb written by Andrew Kalloch (click here to get the letter titled "Airbnb testimony" who works with Airbnb's Public Policy. According Airbnb's letter, the listing service "has brought over 300 million guests in 4.5 million listings in 81,000 cities in nearly every country across the globe." In Beacon in 2017, according to the letter, there were 110 "active hosts" who served 9,100 guests.
Who Attended the Public Hearing on Short-Term Rentals?
Over 30 Beacon residents spoke at the podium to voice their opinions and experiences. A majority of those citizens were Airbnb short-term rental landlords who rented out all or part of their primary residence. At least two of the speakers were homeowners who had purchased at least one other home for the sole purpose of Airbnb-ing it: David Allis on Orchard Place, and the owner of Play, the kids' toy store on Main Street.
The owner of Play stated: "I consider it a public service. I love Airbnb. Have been using it for 12 years myself. I go every summer with my dog and my family and usually another family, and we share a place. I offer that to people coming to Beacon. It’s a dog-friendly place, it’s a fenced yard. People love it."
Some people speaking were not short-term landlords, but attended to voice favor for the practice; among them was one woman who is employed by short-term landlords to clean their homes in preparation for guests. No hotel owners or bed-and-breakfast owners voiced their opinion at this public hearing.
Short-Term Rentals and Airbnb's Self-Governing System of Safety
While the meeting's purpose was to hear feedback on the experience of providing a short-term rental from one's home in general, all of the people in attendance who offered short-term rentals were doing so using Airbnb (which is not the only site to offer that service). Their feedback about renting in the short-term was interwoven with descriptions of how short-term landlords/homeowners must interact with Airbnb's rules.
Several homeowners spoke about how guests are screened, and more than one attendant had children. One homeowner, theater producer Jessica Jelliffe, lives in her 100-year-old home with her husband, 5-year-old son, and a legal long-term tenant which she says covers their mortgage. When they needed extra income, she made her job to be managing the short-term rental side with Airbnb.
Guests have to go through a three-step verification process that the host sets the limits for, that ensures that [the guests] are who they say they are. The star rating and the review process after the guest has stayed with us ensures that the location is what it says it is. And if anything isn’t fit or isn’t how it was described or is unsafe in any way, shape, or form, they let other potential guests know by giving a lower number of stars and/or giving public feedback or private feedback, which I always pay close attention to because it directly effects my business. As a traditional landlord. I know more about my Airbnb guests than I do about my own tenant.
Speaking of long-term tenants, experiences with those were vocalized as well. Daniel Aubry, a realtor, commented that he has rented to long-term and short-term tenants, and it was his long-term tenant who caused him the most problems. "My poor neighbors had to suffer his rantings. It took me three months to get him out." Mike Diago, a social worker and father of a young son, owns the self-proclaimed "most famous Airbnb in town - an intimidating 13-foot turquoise camper" with his wife. He commented on his good neighbor policy: "I checked with all my neighbors. Triple checked. 'No problem at all, Mike.' One guest asked [my neighbor] for sugar, and I was mortified."
Short-Term vs Long-Term Tenants
According to Airbnb's statistics, the typical host earned about $8,800 last year by renting their space for about four nights a month, reinforcing the fact that most hosts are not full-time “commercial” operators. 70 percent of Beacon hosts are women, and the average age of hosts is 46, with 15 percent of hosts over the age of 60. Supplemental income from short-term rentals (STR) is particularly important to this population, which often struggles to “age in place” on fixed incomes.
Yes, There Was a "No" Vote on Short-Term Rentals in Beacon
/Hi,
Yes, there was a 4-3 "No" vote on Short-Term Rentals in Beacon, and yes we are compiling an article for it. The vote Monday evening and its results took many by surprise. It's not a straightforward issue, so we are gathering information and quotes to present it as clearly as we can. Even the headline is tricky to write! Because if we write it one way, it looks like Beacon's City Council isn't supportive of short-term rentals, when in fact they did show support for them, and had all been crafting legislation to make short-term rentals legal. But four of the people on the City Council voted against the legislation they had been working on. That results in short-term rentals remaining prohibited by default because they are not on the list called Schedule of Use Regulations. That list is part of the Beacon Zoning Ordinance, which, according to City Attorney Nick Ward-Willis, states: "Any use not specifically listed shall be deemed to be prohibited."
VOTING RESULTS
Terry Nelson No
George Mansfield No
John Rembert No
Amber Grant No
Jodi McCredo Yes
Lee Kyriacou Yes
Mayor Randy Casale Yes
So... Short-term rentals remain not on the list.
Stay tuned as we compile our article...
Learn Digital Marketing From a Beaconite at the East Fishkill Library
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Tonight, the publisher of A Little Beacon Blog (ALBB), Katie Hellmuth Martin, delivers a Digital Marketing Presentation in partnership with SCORE Mentors Dutchess County and Tin Shingle, ALBB's sister company. Tin Shingle is a training platform for business owners and artists who are doing their own PR and marketing.
Happening at the East Fishkill Public Library, this Tin Shingle Training TuneUp is hitting the road. Road trip! During this free seminar, Katie will cover:
The landscape of Digital Marketing as it is now.
Ideas you can share as a service provider, retail shop, artist, nonprofit, and other entities.
Identification of what is holding you back - and how to break through it.
A sneak peek of Tin Shingle's upcoming article: “8 Things I Learned About Marketing After Deleting the Facebook App From My Phone.”
Come! Pre-register, as space is extremely limited.
When: Tuesday, May 22, from 6:30 to 8 pm
Where: East Fishkill Library, 348 NY-376, Hopewell Junction, NY, 12533
How Much: Free
Details: Learn quick and easy techniques that your business can use today to help more people find out about your business via this complimentary seminar. Designed for business owners who run a storefront, sell a product, or provide a service direct to customers, this workshop will get you comfortable with strategies in Facebook, Instagram and blogging, and knowing what to do with your newsletter.
Katie Hellmuth Martin is the publisher of A Little Beacon Blog and runs Tin Shingle, an online training and resource platform for small businesses and marketers. Having helped hundreds of businesses resolve myriad issues preventing them from promoting effectively, Katie is well-equipped to help you promote your business.
This has been a partner message from our sponsor, Tin Shingle. A Little Beacon Blog can continue to report the news and things to do with support from businesses and friends like you! Click here to learn about ways to sponsor.
The Storm Photos - Macrobursts and Tornadoes Everywhere Ripping Down Trees, Cutting Power
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The fire in this picture is on 9D, near Stony Kill Farm. A transformer exploded on the road.
Photo Credit: A Little Beacon Blog - photos taken from various sources, noted below.
Turns out that a sick day, with three kids in quarantine after a diagnosis of strep throat, was a blessing in disguise. A major storm hit Beacon (and the Hudson Highlands, NYC, CT, PA, and NJ) at around 4 pm on Tuesday, May 15. Weather watchers were expecting rain, but when warnings of hail and high winds came across the TV, severe-weather veterans took to their yards to bring in potted plants and lower the basketball hoops. My neighbor is such a veteran weather watcher that he warned me of imminent hail before I embarked on a family walk to Key Food to fill up the fridge after my little ones ate through everything. An hour after returning, my phone vibrated its insistent SOS call, which we usually only hear for Amber Alerts. Only this time, it said "Tornado in your area. Take shelter."
"This was the storm rolling in! Hudson Valley Weather called this photo a gust front!"
Photo Credit: Sheila Lassen, Mountainville, NY (Part of Cornwall)
I gathered my brood, and we went straight to the basement. Thank goodness that for Mother's Day I treated myself to a bunch of new flashlights and lanterns. After a brief power outage from our winter blizzards, I realized I had no working flashlights anymore. Normally at this time of day, my husband would be working in New York City, but on Tuesday, he was headed home early (he'd been recovering from his own bout with strep) and was on 9D when the rains, macrobursts and tornadoes hit. The winds flattened trees around him and literally ripped through other trees.
At least three fatalities were blamed on the winds, which brought trees down, right onto people in cars (see details in this Highlands Current article). Three tornadoes went through Connecticut, and at least four hit New York (including one in Newburgh) bringing winds between 75 and 100 mph, spanning paths of several miles (see a photo here from Central Hudson). Some of the worst damage was caused by macrobursts that ripped through Dutchess County and other counties. Macrobursts possess wind speeds of 100 mph or more, and travel in straight lines for miles, unlike tornadoes, which have rotating, swirling, damaging winds. Central Hudson also confirmed that 1,000 lightning strikes happened per hour: “Storm with winds up to 78 MPH + 1,000 lightning strikes per hour has interrupted service to more than 72,000 customers.” Dutchess County Executive Marcus Molinaro declared a State of Emergency, and Governor Andrew Cuomo declared a State of Emergency and deployed 125 National Guard members to help with the storm's effects.
On Wednesday, Central Hudson stated that many workers were on duty to clear trees (from street scenes like these) and restore power: “Approximately 185 line workers together with nearly 180 tree personnel are clearing roads and restoring power in our service territory today. Additionally, more than 270 mutual aid line workers are anticipated to arrive throughout the day.” See Central Hudson's trucks here restoring power.
By Thursday, that number grew: “A field force more than 1,000 strong is at work today clearing roads, responding to emergencies and restoring electric service.” They noted: “Mutual aid crews from as far as Niagara Falls, Michigan and Vermont have arrived.”
The Stony Kill wagon, a reliable sight on route 9D promoting the Open Barn, was turned over. Amazing that it did not get torn to smithereens! The wagon has since been righted back up.
Photo Credit: Katie Hellmuth Martin
In Wallkill, my assistant was working on a project with me via email, and the next minute she was MIA, as the wind had ripped open a tree in her yard, and it tore apart a newly completed shed at her neighbor's house.
Castle Point, which is located along the Hudson River just north of Beacon, is the home of many families as well as the VA Hudson Valley Health Care system. Macrobursts ripped through the area. My friend's wife works at the VA hospital, and he was waiting for her to come home, as it's a 10-minute drive. She did not get home for several hours, after being stuck in Castle Point as it dealt with trees and debris that had been tossed around by wind.
Beacon school teacher Brian Antalek, who lives in Castle Point, was quoted in the Poughkeepsie Journal as having to park his car at neighboring Stony Kill Foundation and walk two miles to his home in Castle Point. One man who I encountered at the grocery store told me about the huge oak tree in his yard that blew into the next yard. Shingles and pieces of housing landed in his yard, and he could only surmise that they were from Newburgh, as they didn't match anything nearby.
A map of a tornado path in Saugerties shows a tornado traveling across the Hudson River.
Photo Credit: National Weather Service via Hudson Valley Weather.
Newburgh received extensive damage, and is still recovering and still has areas without power. According to Eastern Dutchess Fire and Rescue: "Electrical substations which supplied power to the City of Newburgh sustained heavy damage requiring extensive repair. It is very possible that vast areas of the City may experience many days without electricity." Residents are boiling their water and those with gym memberships were using the facilities to shower. I got a call from a sales person living in Newburgh on Friday trying to set up a meeting, which she couldn't quite commit to, saying "I can't see anyone like this, I have to wait until the power comes back on."
Stony Kill Farm and Common Ground Farm in Fishkill suffered many trees down. A fire erupted on 9D near the farm (in the picture below with red bathroom barn). A transformer had exploded and caught fire on 9D. Stacey from Stony Kill Foundation reports that all of the farm's animals were unharmed and OK.
We had been to Stony Kill and Common Ground a week prior, on school field trips to see Common Ground Farm's pride and glory, the thriving tomatoes under the tarp greenhouses they built - which were destroyed by the winds.
An electrical fire blazing on 9D, in front of Stony Kill Farm. This view is of their bathroom facing 9D. The fire was not in any of Stony Kill's buildings and all of their farm animals are OK.
Photo Credit: Common Ground Farm
The greenhouse that protects the fledgling tomatoes at Common Ground Farm.
Photo Credit: Common Ground Farm
In Dutchess Junction, a tree fell on a power line. That caused an electrical fire for about 45 minutes until Central Hudson came and turned off the power, according to Maria Garcia Mojica, who submitted the picture below.
An electrical fire in Dutchess Junction.
Photo Credit: Maria Garcia Mojica
The interior designer Ryan Samuelson experienced severe damage to his home on Washington Avenue in Beacon while he was in the basement. "I was just coincidentally down in the basement grabbing something. I didn’t even know about the storm warnings. Then I felt and heard a loud crunch and knew something pretty serious just happened."
Ryan Samuelson's home on Washington Avenue in Beacon.
Photo Credit: Ryan Samuelson
In Fishkill, Route 52 was brought to a standstill, contributing to the traffic blockade that delayed people for hours trying to get into or out of Beacon. The CVS pictured below is the one on Route 52 near Love Nails. These photos were submitted by Kathy Harrison.
Many construction projects are in progress here in Beacon. The most recent are those on 9D which cleared parcels of trees to prepare for the construction of new apartment buildings. One of two trees left on one property blew over (doesn't seem to be dead yet, however). Fencing blocking the other construction project blew away. A reproduction of the children's book, The Lorax, which is about preserving trees, had been posted on the fence in a statement about the removal of the trees. That portion of the fence remained through the wind blast. The fencing destroyed in the storm has since been replaced.
In Beacon, many trees came down. This yellow house on Verplanck is a known abandoned house, which is rumored to be lost in bank foreclosure paperwork. Just who will haul away this tree may not be straightforward.
Abandoned house on Verplanck.
Photo Credit: Katie Hellmuth Martin
A tree blown down on Willow Street by the storm blocked this alternate backroads artery for two days after the storm. With 9D already limited by planned construction to finish NYSDOT ADA curb-cut ramps between Main Street and I-84, side streets like Willow, Orchard Place, Dutchess Terrace and others become back-road alternates. This made getting into or out of Beacon even more difficult. This tree below was cleared swiftly on Friday.
This Tree, down and blocking Willow Street, was Cleared away two days after the storm.
Photo Credit: Dana Devine O'Malley
The macrobursts took out bits and pieces of structures in their path, making some of the destruction seem random. A brick wall and bush were taken out at this house on Rombout Avenue.
A house on Rombout Avenue.
Photo Credit: Katie Hellmuth Martin
The small Fanny Fay Girl Scout House, at the end of Rombout Avenue, is surrounded by trees. We headed over to check out if any had fallen. This one did, but fell away from the house, further into the woods.
This Tree uprooted at the end of rombout avenue, at the Fanny Fay Girl Scout House.
Photo Credit: Katie Hellmuth Martin
Please note that most businesses in Beacon are now open! Several opened soon after the storm. Some parts of Main Street were without power, while others retained it. Main Street Beacon is back in business.
Statistics on a Few Tornadoes in New York
While the macrobursts, with winds of 100 mph and higher, caused major widespread damage, here are some statistics on the recorded tornadoes.
Ulster County
Saugerties, NY
Rating: EF1
Estimated Peak Winds: 90 mph
Path Length: 5 miles
Path Width: 528 feet (0.1 mile)
Start Time: 2:29 pm
Location: The tornado path started along Route 212 between Woodstock and Saugerties and moved east through the western and southern part of Saugerties before crossing the Hudson River and ending in Tivoli, NY, just south of Clermont State Historic Site.
Orange County
Newburgh, NY
Rating: EF0
Estimated Peak Winds: 75 mph
Path Length: 0.62 miles
Path Width: 50 yards
Start Time: 4:16 pm
Location: Originated near Albany Post Road, south of Bennett Road. The tornado lifted near the Hudson River behind Susan Drive.
Putnam County, NY Tornadoes
Kent, NY
Rating: EF2
Estimated Peak Winds: 115 mph
Path Length: 100 yards
Path Width: 1.14 miles
Start Time: 4:29 pm
Location: Originated near apartments on Route 52, continuing along Route 52 before lifting near Town Road
Patterson, NY
Rating: EF1
Estimated Peak Winds: 100 mph
Path Length: 75 yards
Path Width: 2.89 miles
Start Time: 4:32 pm
Location: Originated along Route 22 north of Haviland Hollow Road, lifting near the intersection of East Branch Road and Fairfield Drive.
What was your story during the storm? Please share it in the comments below.
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Color, Form, and Magic Workshop
Power Restoration Time from the City of Beacon
/This just in from Anthony J. Ruggiero, MPA, Beacon's City Administrator:
"Please be aware that Global Restoration for the City is 10 pm tonight, and any remainders will be 2 pm on Friday. Global means the majority of the city. "
Beacon Shops Begin To Open After Major Storm and Power Outages
/Beacon, you rock! Recognize these Open signs? Meyer's Olde Dutch and Artisan Wine Shop. Across the street from those two, Notions-N-Potions and Luxe Optique are welcoming customers too. More signs like this are popping up! Hard work continues to restore power and cable, and clear trees, etc. 🙏🏻 Thank you to everyone who continues to help bring us a safe community and modern conveniences! You are all beacons of light.
Kids Classes Guide Update: Beacon Recreation Building is Open and Useful!
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As if inspired by the mantra of Thomas the Train and Friends, whose goal is to always be useful, the Beacon Parks and Recreation Department has posted the following message to their Facebook page. This has been updated in A Little Beacon Blog's Kids Classes Guide:
SPRING STORM UPDATE:
From the Beacon Parks and Recreation Department:
Wednesday, May 16: "We are open, with running water, three bathrooms, power, wi-fi... and coffee! Community hours until 2 pm. Need to charge your phone? Need to get out of the house? The Rec Center at 23 West Center Street has power, wi-fi and big blue blocks/playground for the kids. We'll be open until 2 pm"
Adults, we've got your backs too! Specialty classes are listed in A Little Beacon Blog's Adult Classes Guide for both lifestyle, business and sports. So do check it out, and if you have a specialty class to submit to either Guide, you can do so on our Event Submission Page!
