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In the end, Cassadaga's proposed short term rental law will be up to the village officials to decide, but there are concerns at the county level.
During the Chautauqua County Planning Board meeting, Planning Coordinator Rebecca Wurster said Cassadaga's proposed law caps the number of short term rentals in the village at 20.
Board member Susan Asquith was critical of the proposed plan. She had helped develop a comprehensive plan for the village a few years ago and believes this short term rental law goes against that plan.
"When I brought that up at one of the village meetings, I got shut down," she said.
Asquith believes the proposed short term rental law has created tension between village officials and the community at large.
"Unfortunately, there was not a good engagement of public comment and input," she said.
Asquith also said the proposed law caps the number of occupants at a short term rental at 10 people.
"Who is going to police that?" she asked.
Courtney Domst, a junior planner with the county's Department of Planning, wrote a letter to village officials about the plan. In it, she notes that after reviewing the proposed short term rental law, she believes it is of local concern, which means it would have no significant countywide or inter-community impact.
Domst did recommend the village review a case law of Hignell-Stark v. City of New Orleans. In that case, the court held that the "primary residence" requirement violated the U.S. Constitution's dormant Commerce Clause, which prohibits states and local governments from restricting interstate commerce.
"An important takeaway from this case is that it may not be in the best interest of municipalities to propose short term rental laws that impose an owner-occupied or residency requirement, unless the locality can demonstrate that a legitimate public purpose exists for which there is no discriminatory alternative," she wrote.
Domst also wrote that in the proposed law, there is some questions if existing owners are subject to the cap and recommended clarifying that point.
Finally, Domst recommended the village review its comprehensive plan to ensure this proposed law fits within what the village has already adopted.
"If short term rentals are included in the plan and zoning regulations are in accordance with the plan, then this may provide the village with solid legal ground if the law were to ever be challenged," she wrote.
Cassadaga is expected to continue discussions of its short term rental laws at its next board meeting.