Misleading Introduction to the Issue

I find the introduction to this issue to be misleading at best. I will attempt to point out some of the misleading information below:

1. The State of Connecticut may not regulate short-term rentals, but state statutes do define them and tax them with the same occupancy tax charged to other transient lodging such as hotel and bed & breakfast establishments. The state does not regulate land use but it does regulate zoning by those municipalities that adopt the state zoning laws addressed in Title 8, Chapter 124 of the state statutes.

2. Zoning regulates LAND USE. Groton has 3 categories of residential land use in its zoning regulations. Residential living is one. Residential LODGING is another. Residential Health/Institutional is the 3rd. A change in use from residential living to residential LODGING (i.e. short-term rental) is a change in use.

3. Groton does not need to regulate short-term rentals. It can merely follow its current zoning laws. Short-term rentals (Airbnb, VRBO) are not listed in the Table of Permitted Uses. The regulations state that a Use not listed is NOT a Permitted Use. This is what the Noank Zoning Commission decided after studying this issue for 2 years. Why is Groton different?

4. The Town Council in developing and passing an ordinance decides who/what/when the ordinance will be enforced. It is presumptuous to think that the police will be required to enforce such an ordinance. This is a Town Council decision subject to approval by the RTM. The Town Manager in his role as Chief Executive Office will ultimately have the responsibility to assign enforcement responsibilities.

5, Zoning regulations and speculation about what use is "grandfathered" is a complex legal issue best left to the zoning gurus and the courts. I don't feel it is an appropriate discussion for this forum. Whatever your attorney opinion may be, I have no doubt I can find counsel with a different opinion. Ledyard adopted new zoning regulations after 2 years of trying to regulate STRs through an ordinance. Well-written zoning regulations can avoid any "grandfathering" claim. George Washington did not sleep at an Airbnb!

6. Seriously, what is "local wealth-creation"? Zoning should not be concerned with the economic implications of its actions. We can make this a "social justice" issue if you'd like. What about providing available and affordable housing for the people who actually want to live in Groton?

In my opinion, this is a disingenuous, poorly constructed introduction to the complex issue before the Town. You can do better!


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