Scranton board hears heated neighborhood opposition, finds short‑term rental not in compliance

The Scranton Zoning Hearing Board reviewed an appeal lodged by homeowner Kevin Noon of a zoning department violation letter alleging his house at 1405 Cherry Street was operating as a short‑term rental without meeting the city's requirements for primary‑residence short‑term rentals.

Kevin Noon told the board he has lived in the house for more than 20 years and that the property is his primary residence. He said he limits bookings, keeps house rules and provides off‑street parking in a two‑car garage and adjacent alley parking when guests stay. “I would like to respectfully request that the zoning board allows me to continue to offer short term rental of my home,” Noon said.

Dozens of neighbors and nearby residents testified in opposition, saying they had not seen Noon regularly at the address and raising concerns about street parking, lack of sidewalks and the potential impact of short‑term rentals on property values and neighborhood character. Edward Gilmartin said his group gathered signatures opposing Airbnbs in the East Mountain neighborhood and reported 69 petition signatures within half a day. Joan Matsui and other longtime residents told the board they had not observed the homeowner living at the address consistently. Cynthia Gribado, identified in testimony as Noon’s partner, said the house is used by family members and has ample off‑street parking.

Zoning staff and board members focused on two ordinance requirements in Article 6 AAA noted at the hearing: (1) that the dwelling be the owner’s permanent address and (2) that the owner occupy the dwelling for at least six months per calendar year. Board members also discussed the short‑term rental parking requirement—one off‑street space per bedroom—meaning the property would need three off‑street spaces for three bedrooms if all bedrooms are offered to renters.

After testimony and questioning, the board voted on whether Noon’s short‑term rental conforms to the zoning rules that permit short‑term rentals in R‑6 as a use when the owner resides on the property and meets the parking standard. The recorded roll call in the hearing shows multiple board members voting that the property was not conforming with the short‑term rental requirements; one member voted that the property did conform. Based on the board’s recorded votes during the meeting, a majority concluded Mr. Noon’s operation did not meet the ordinance’s residency and parking requirements and therefore did not conform to the city’s short‑term rental rules.

The board’s questioning highlighted the evidentiary challenge of proving continuous residence for six months and the practical parking limit on Cherry Street, which has limited sidewalks and curbside space. The board also instructed that factual claims about residency be supported with documentary evidence (IDs, utility bills, etc.) if an applicant seeks a overturn of a zoning enforcement determination.

The board’s recorded votes reflect the board’s determination on the conformity question at the hearing. The board did not set additional conditions or a rehearing date at the close of the session.