Lewisboro residents debate proposed short-term rental ordinance

SOUTH SALEM, N.Y. - A public hearing on a proposed short-term rental ordinance dominated the Lewisboro Town Board’s March 23 meeting, with most of the roughly dozen speakers expressing criticism of the measure in a variety of ways.

Short-term rentals are currently unregulated in the town. The proposed law aims to permit such rentals while preserving Lewisboro’s quiet, “tranquil character,” and ensuring the safety of both residents and visitors. It also seeks to mitigate potential issues related to noise, trash, traffic, septic system strain, and other concerns.

Two speakers argued that the proposed regulations do not go far enough. South Salem resident Karen Conti spoke both as a resident and as a member of the town’s Housing Committee, which conducted much of the preliminary work behind the proposal.

Conti noted that the allowable number of rental days had been expanded beyond what the Housing Committee recommended. She also said the proposal omits factors such as zoning and property size, which had been included in the committee’s version.

“No mention is made of the maximum number of renters or guests during a given period, and no mention of restrictions tied to septic limits, which are related,” Conti said.

Linda Clark, also of South Salem, raised concerns about language stating that a rental must be located on the premises of the owner’s primary residence. She said the wording could be misinterpreted, particularly for properties with multiple structures, such as a main house and a cottage.

Clark also pointed out that in places like Cape Cod, children are counted toward occupancy limits due to their impact on septic systems, whereas the Lewisboro proposal does not account for that.

“When I go up to the Cape, we’re only allowed a certain number, including children, because of the septic system—and that’s what we need to worry about,” she said.

Tadeusz (“T”) Rajwer, a local architect and planner, president of the Lake Oscaleta Association, and a board member of the Three Lakes Council, spoke against the proposed ordinance. An Airbnb “superhost,” Rajwer said he has hosted more than 500 short-term renters without complaint.

“Airbnb is adamantly anti-parties, and it’s self-correcting,” he said. “One bad review and you’re out.”

Rajwer added that police logs over the past 12 months showed no official complaints related to short-term rentals.

“No evidence has been provided by anyone from the Planning or Housing committees to support this law,” he said. “Thousands of people have stayed in Lewisboro without a problem.”

He also noted that he pays a 4 percent occupancy tax to New York State on his rentals.

“I pay for your schools and your roads, and I pay twice as much as you already,” Rajwer said. “You’re welcome.”

South Salem resident Karen Foley described the proposed regulations as “arbitrary, capricious, and unnecessary.”

“This is placing property-right restrictions on long-term residents in what feels like NIMBY-ism,” she said. “When I read the law, I’m trying to figure out whose health is being harmed by current operations, whose safety is in danger. I hear chatter about protecting against abuse of the system, but I haven’t really heard evidence.”

Foley added that short-term rentals can serve as a gateway for newcomers to discover the community.

“We should be inviting people into this community because it’s aging, and I think we need new faces and new blood,” she said.

Jill Cowell and Jordi Sarah, a South Salem couple, said owning a short-term rental allows them to host their large blended family, which includes eight mostly grown children, their spouses or partners, and grandchildren. Rental income, they said, helps make ownership of the second property financially feasible.

“We work with a local agent, and we turn down more people than we accept,” Cowell said. “The vast majority of our renters are families of town residents. We have a family moving in tomorrow—a police officer whose pipe burst.”

She added that the family, from a nearby town, had signed a two-month stay.

Cross River attorney Michael Sirignano, who serves as deputy town counsel for Lewisboro, said any new regulation should address properties owned by trusts—something the current proposal does not do. He noted that properties held in trust are not required to be primary residences.

“We’re moving homes into revocable trusts on a regular basis,” Sirignano said. “That’s an omission that has to be fixed. I’m happy to help the board draft a better ordinance.”

He added that the town could limit the number of days or months a property may be rented annually to discourage absentee investors.

“In that way, you dissuade absentee landlords from buying properties as investments when they learn they can’t rent them year-round,” he said.

Planning Board Chair Janet Anderson spoke in favor of the ordinance, emphasizing safety as a primary concern. She said the proposal would ensure inspections for features such as smoke detectors and align town policy with its Comprehensive Plan, which includes guidance on short-term rentals.

“Without regulation, the Town Board is essentially condoning unregulated commercial activity within a residential zone,” Anderson said.

On March 18, the Planning Board submitted a detailed letter to the Town Board outlining its support for the proposal.

At the close of public comment, Town Supervisor Tony Gonçalves said the hearing would remain open to allow for further discussion. The measure will return to the agenda at the April 27 Town Board meeting, the second of two meetings scheduled for the month.

Councilman Rich Sklarin pointed to a key difference between the Planning Board’s recommendation and the proposed ordinance, which he said gives him pause.

“The Planning Board recommends that short-term rentals be permitted via a special use permit issued by an approving board—either the Planning Board or the Zoning Board of Appeals—rather than the building inspector,” he said. The proposed legislation would instead assign that authority to the building inspector.

The meeting was lengthy and included several additional actions by the Town Board:

The board approved the purchase of a new Chevrolet Silverado 1500 for the Lewisboro Police Department at a cost not to exceed $60,000, along with up to $20,000 for emergency and safety equipment.

It accepted the MS4 annual report and interim progress certification and authorized the town supervisor to sign it. MS4s are municipalities in New York that operate stormwater sewer systems.

The board authorized the supervisor and town attorney to sign a grant disbursement agreement for a $100,000 New York State CREST grant to help fund new pickleball courts and an ADA-compliant trail at Lewisboro Town Park. It also approved a second agreement for a $125,000 SAM grant for the same projects.

It authorized the town supervisor to sign an interconnection agreement with New York State Electric & Gas (NYSEG) for a solar panel project at Onatru Farm Park.