OBSERVER Photos by Braden Carmen Cassadaga Village Attorney Joe Calimeri discusses the proposed short-term rental law at a recent Village Board meeting.

CASSADAGA — What has been viewed by some as a power struggle received some clarity at a recent meeting of the Village Board.

The Village Board continued discussions on a proposed short-term rental property law at the most recent meeting. A major focal point of the discussion was enforcement, as the board debated the best course of action for what is expressed in the law itself for the Code Enforcement Officer to carry out, compared to what is left up to the Zoning Board of Appeals to decide on a case-by-case basis.

Recent updates made to the law draft by village attorney Joe Calimeri regarding the enforcement provision “tries to capture what was originally intended, and also puts in the due process requirements to make it legally acceptable. It also makes it easier to read.”

Calimeri added, “Really, now, the ball is back in your court.”

The Village Board debated the special use permit application process and the stipulations attached to an application. Calimeri expressed his concern that by putting every aspect of the application in the law, it gives the Code Enforcement Officer “a checklist” and does not allow for any leeway.

“The way it was structured, you really don’t give any authority to your (Zoning Board of Appeals) to look at unique situations that may arise,” Calimeri said.

Later in the discussion, Trustee Cathy Cruver said, “I think the important piece for everybody to remember is it’s not taking away these criteria, it’s just giving the flexibility for the Zoning Board to consider all things. … The teeth are still there, they are just in a different lion’s mouth.”

After discussion, the Village Board later decided to leave specific criteria of the special use permit application process out of the proposed law.

“We don’t want to have to rewrite the law every time something comes up,” Cruver said. “… and there may be things that come up that we want to add to the application that we’re not thinking of right now.”

The local law will need to be introduced and a public hearing will then be scheduled before it is adopted as a law.

“You’d much rather take your time to do it, as opposed to rushing it and realize you made a mistake or wish you could take it back,” Calimeri said.

The next meeting of the Village Board of Trustees is Wednesday. Further discussion will take place to address any concerns the board still has.