Commercial Or Residential?

An Internet ad for the Georgian Manor, a house in the North Haven Point subdivision on North Haven, trumpets its availability for "weekends, weekly, or monthly rentals." A brochure advertising the property offers it for "weddings, anniversary parties, family reunions, retirements, holiday parties, and special occasions."

North Haven Village Board members, claiming last week that the house was being used for "commercial purposes," authorized Anthony Tohill, the village attorney, to serve Barbara Williams of Muttontown, the house's owner, with an injunction stopping the numerous short-term rentals.

The property, like the rest of North Haven, is zoned single-family residential, with only limited commercial use, such as a doctor's office, allowed.

"It's A Business"

"The law easily defines the differences between a residential and a nonresidential use," Mr. Tohill said this week. "There clearly is no problem here," he said of proving his case that the house is being used commercially. In a single-family residential use, he said, "we do have weddings, but we don't have a wedding one weekend, a funeral the next."

The promotional brochure includes photographs and describes the house's "eight bedrooms, [and] four-and-a-half baths with a private pool in a secluded wooded natural setting."

The house's certificate of occupancy, say village officials, is for four bedrooms.

"That's not a group rental, it's a business," said Mr. Tohill.

Upset Neighbors

Neighbors who complained of the situation at last week's Village Board meeting cited motorcycles zooming up and down the street and beer bottles and other trash strewn about.

"The people appear to be very young," said Mary Reina, a resident who spoke at the meeting. "It appears that she's renting out the house for prom parties."

According to Lisa Rose, a neighbor and the vice president of the North Haven Point Homeowners Association, the situation has been "ongoing for several years," though things came to a head with a recent weekend wedding which brought 45 parked cars and "unbelievable" noise through the early morning hours.

Recreational vehicles were brought in, Ms. Rose alleged, to accommodate even more people.

Violation Of Covenants

The Village Code allows the parking of one car per bedroom, plus one extra, per house.

There are no regulations which address the length of rentals, though "group rentals" - more than five unrelated persons living together - are prohibited. That statute, however, is difficult to enforce, admitted Janice Hines, North Haven's Village Clerk.

"We're going to have to tighten up our code," she said.

The activities at the house appear also to violate the covenants of the North Haven Point Homeowners Association, which state that "no dwelling or any part thereof shall be used for any purpose except as a private dwelling for one family, nor shall any business of any kind be conducted therein."

"No business or trade of any kind or noxious or offensive activity shall be carried on. . .," the agreement continues, "nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood."

Lawsuit In The Works

The Homeowners Association's board of directors is discussing the matter with its attorney, Ms. Rose said, though under the covenant enforcement and penalties, if necessary, fall first to the Village, she said.

Ms. Williams could not be reached for comment this week. According to Mr. Tohill, she was served with two notices of violation, in accordance with procedures dictated by the North Haven Point covenant, and a lawsuit on behalf of the village is being prepared.

Trustee Robert Reiser urged the board to act decisively. "If we don't," he said, "we run the risk of this village turning into someplace we don't want it to be."

"We're ready to fire away," Mr. Tohill said.