Madison Officials Discuss Cracking Down On Airbnb Rentals

MADISON, CT -Madison officials held a lengthy discussion concerning the pros and cons of Airbnb rentals at its most recent Planning and Zoning Commission meeting.

Director of Planning and Economic Development David Anderson stated that the Planning and Zoning Commission did discuss the issue of Airbnbs about six months ago, resolving to continue to monitor the issue and check in on it.

Anderson presented a written report detailing some research on the issue and the complexities involved with the concept. Residents renting their homes to others are doing so to receive a supplemental income, which may help with municipal taxes, and there are potential economic benefits, with renters visiting local businesses, but there is also the issue of noise, parking problems, and adverse effects on neighborhood character, according to Anderson.

The research paper recommends towns assess the number of short-term rentals taking place in local residences, and Anderson suggested the possibility of having a publicized public forum of pros and cons, but any regulations would all come down to enforcement, which will be a big concern.

A Madison Avenue resident stated that she is seeking controls on short-term rentals, because her house is wedged between two residences who are participating in Airbnb transactions on a regular basis, which is detrimental not only to being able to achieve peace and tranquility in her own home and yard but is also ruining the character of the neighborhood.

These two properties are being marketed to enhance their sales, and they are being managed remotely; the residences are not owner occupied during the short-term rentals, and they are used as gathering spots for families and friends, according to the resident.

She described situations where people are knocking on her doors, looking into her sidelights, walking into her backyard while her family was having a cookout, smoking outdoors, causing her family to have to close its windows on warm, summer days, and she stated that the property next to hers advertises that it sleeps 12 people.

That property is being advertised as being “great for groups, five bedrooms, sleeps 12,” and the resident stated that she is sure the septic system cannot accommodate groups of 12 for three-night summer stays.

That is a commercial venture; the owners are not present, and these are businesses consisting of people who are buying properties as commercial ventures, she stated. Other communities, such as Chester, have controls put in place to deal with this issue, and the resident stated that Madison should have controls, as well.

Another Madison Avenue resident stated that of six houses nearby, three are engaging in Airbnb practices, and she stated that her house was bought to be a full time residence, and just because the residences are located on the beach does not mean they should be used for short-term stays. She stated that she has the information on the types of controls other towns have put into place to deal with this issue. Both Hartford and Simsbury have such regulations, she stated.

Chairman Ronald Clark stated that he agrees that enforcement is an issue, and the town does not have the wherewithal to act, because action would have to be taken not against the renter but the property owner.

Certainly, for the time being, Clark stated that residents could call the police if there are problems with noise, people trespassing, or problems with parking. Vice Chairman James Matteson stated that he has heard the same concerns that the two residents are expressing—they have bought their homes in residential neighborhoods and suddenly there is a hotel in a residential zone, and he asked what do other towns have on the books for control.

Commissioner John Mathers stated that a study had been done of properties in a five-mile radius, and it was found that the number of available rooms for short-term rentals is more than 1,000 on any given night.

Chairman Clark asked Anderson to look into whether the Madison Police Department has any records on complaints involving the short-term rentals. He also asked whether the town could simplify the controls by simply regulating that short-term rentals must only be on owner-occupied property.

Commissioner Mathers, who stated that he is in the lodging industry, summarized some of the requirements that industry must meet, such as registering each lodger, paying a 15 percent lodging tax, and adhering to fire and life safety regulations.

Anderson stated that currently the town has no regulation pertaining to how many days someone may rent a residence. Chairman Clark wondered whether the town should create an ordinance as a control, since property rentals involve multiple departments, such as the health department, the fire marshal, and emergency services.

Chairman Clark stated that he hoped the experiences of the two residents on Madison Avenue are an extreme situation, and he would not want this to be happening in town to 50 families. Anderson stated that it is 50 families, and these two residents are not an extreme case.

Chairman Clark stated that he would be interested in what other towns have done and if the controls are effective—how do they do it and how do they enforce it are questions to ask; he also suggested the town attorney be consulted on this issue.

Vice Chairman Matteson stated that the Planning and Zoning Commission should look at it more deeply, for the right approach. Chairman Clark stated that the town attorney needs to be asked whether the issue should be handled with a town ordinance or through Planning and Zoning regulations.