Lewisboro Town Board ponders short-term rental regulations

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SOUTH SALEM, N.Y. - Communities across the country have wrestled with the adoption of new regulations governing short-term rentals – and on Monday, Sept. 29, the Lewisboro Town Board took up that topic.

Short-term rentals have come into vogue in the past decade with the increased popularity of online platforms such as Air BnB and VRBO (Vacation Rentals By Owner). The term loosely refers to portions of otherwise private homes, which the owner rents out for periods of 30 days or less – hence the descriptive name, “short-term rental.”

The town’s Housing Committee is exploring new rules for short-term rentals, and its recommendations were first shared with board members back in January. Housing Committee Representatives Linda Rae and Karen Conti took part in the discussion of short-term rental rules at the Sept. 29 meeting.

“New York State has passed a law regarding short-term rentals. Can you provide a summary of how that law relates to the committee's recommendations?” asked Town Supervisor Tony Gonçalves.

“This was passed by the New York legislature and signed by Governor Hochul in February and technically it took effect on March 1st,” Rae said. “But according to the New York Association of Counties it's only really taken practical effect a few days ago. It requires counties to set up registries- this is something Westchester County will be doing. Aside from that, it [the law] is very different than the housing committee's recommendations.”

Generally, there are very few requirements in this law, Rae added. It requires that all short-term rentals have an exit plan and an emergency number is posted in a conspicuous place. Short-term rental units also must fire extinguishers, be insured, and comply with all local health and safety requirements.

“And they have to do some recordkeeping – but that’s pretty much it,” noted Rae. “They really don't get into [other concerns] such as maximum number of bedrooms or people staying in the bedrooms or that type of thing. We'll see what Westchester County comes up with, if they add anything to that.”

“The bedroom counts and septic system sizes can’t change, right? So, whoever is renting short term needs to keep that in mind,” said Gonçalves.

Rae said both the town and the owners of such rentals need to stay abreast of any future changes to regulations at the county level – particularly those governing bedrooms and the number of occupants. The county has left the determination of length-of-stay rules to municipalities, with rules differing from 30 to 180 days. In consulting on the town’s comprehensive plan, Nelson Pope Voorhis recommended a 90-day limit, which the Housing Committee viewed as overly restrictive.

“One of the reasons that we got into this is that we were receiving so many complaints with short-term rentals being completely unregulated,” said Rae. “And by the way, these were mostly in the lake communities, where often the lot sizes are smaller and the houses sometimes closer together. The complaints ranged from huge loud parties, fireworks, and music to just a lot of people piling into one small two-bedroom cottage and and disturbing the neighbors and, of course, overflowing garbage.”

“We probably have existing code provisions that could address that if somebody makes a complaint,” said Councilman Rich Sklarin. “I'm just wondering if we know what we're doing by way of legislative intent in drafting it, and that we're clear on what the enforcement would be in enacting such legislation.”

Sklarin also questioned why the state would require a registry of such properties. One rationale might be to levy fees, but the state legislation does not state that.

“One of the things that you can do when you regulate is, the owner of the short-term will lose his license or right to rent out again with repeated um violations,” said Rae.

Councilman Dan Welsh noted that the proposed rules reflect a concern that short-term rentals could one day get out of hand and change the character of neighborhoods in Lewisboro.

“I think there is a general sense that we want to put some kind of box around it, but you can see the trouble we're having trying to identify that box,” Welsh said.”

Rae pointed out that every town that the Housing Committee has studied has seen many such housing units being purchased by corporations. “That really changes the nature of a neighborhood pretty fast,” she said. “Virtually every town, with maybe one exception has prohibited corporate ownership.”

Conti noted that by definition, a short-term rental could encompass an entire dwelling or a group of rooms within it, which are made available for rent for 30 days or less.  “So, you could rent out all the rooms in your house, but they’d have to be transient people… just visiting,” said Conti.

The topic will be further discussed at a public forum, the date for which will be announced.

The Town Board also got a six-month report from Isabelle Pectol, coalition coordinator for Thrive, the drug abuse prevention and mental health alliance for Bedford, Lewisboro, and Pound Ridge. Pectol described the period as one of growth.

“We've increased our average coalition meeting attendance by actively engaging new members across all the sectors in which we work – with 12-plus sectors within our communities,” Pectol said. “We've also conducted internal reviews and revised our 12-month action plan in preparation for our submitted progress report to the federal government.”

Pectol noted that Thrive received a five-year grant from the Centers for Disease Control for drug abuse prevention among middle- and high-school students. It has thus far escaped budget cuts, but the group must continue to demonstrate how and why the funds are being used, and their impact.

Program enhancements include expanded outreach; additional communications platforms, including Instagram, X, and LinkedIn; and a complementary Facebook presence. “We've also been developing orientation and leadership training programs for the youth interested in joining the Thrive youth ambassadorship program,” Pectol said. “Seventeen were recruited last school year. Some have graduated. So, we're once again restarting our recruitment for this year.”

Among other business, the Board extended its congratulations to Laura Stone, who is retiring from her role as senior office assistant in the Parks and Recreation Department. She has served for more than 33 years with the town. It also recognized Assessor Lise Robertson, who recently completed 40 years of service.

The Town Board also okayed the following resolutions:

  • It approved Delaware Engineering’s bid for design work on the bathroom at Fox Valley park, at a cost of $5,250.

  • It selected Accord Power, Inc., for solar panels on the barn roof at Onatru Park Farm to Accord Power, Inc., for a cost of $120,582. It also amended a prior contract that appointed Robert Fischman as the solar project manager at a cost not to exceed $6,000; that is now not to exceed $10,000.

  • It okayed Martinez Carpentry and Roofing’s bid for a new roof on the Onatru barn at a cost of $29,500.

  • It approved the Highway Department’s purchase of a Ford F550 with plow for $118,000.

  • It approved the INF Associates proposal for level II electric vehicle chargers at the Lewisboro Library and Spring Street commuter lot.

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