Lewisboro Board continues debate over short-term rental rules

SOUTH SALEM, N.Y. - The Lewisboro Town Board devoted its Monday, June 22, meeting to a work session focused on how the town might regulate short-term rentals.

Kicking off the discussion, Town Supervisor Tony Gonçalves noted that the board began with recommendations from the town's Comprehensive Plan.

"We also had our Housing Committee take a look at it, and they also looked at code that's in place by the town of Essex in Massachusetts," Gonçalves said. "So, we took all that in and we created our own proposed code, which we decided not to codify until we looked at all the feedback that we received."

The Town Board has received approximately 40 emails on the topic of short-term rental regulation, with those favoring regulation holding a slight edge. Councilman Rich Sklarin said it would nonetheless be useful to have a clearer idea of just how many short-term rentals exist throughout the town.

"We've had people that have talked about … specific homes in particular parts of town," Sklarin said. Before adopting regulations, however, the board needs more context about how widespread the practice is because that would help determine what type of rules are needed.

"I'm talking about identifying where the issue is and drafting legislation that'll work," Sklarin said.

"The people who are most aware of them [short-term rentals] live in tighter-density housing areas," Councilwoman Julia Hadlock said. "If somebody lives on a four-acre lot and there's an STR in their house, likely no one knows that."

Deputy Town Supervisor Mary Shah said a balanced approach that takes the needs of the entire town into account would be key.

"All of the laws should apply to all of Lewisboro because we serve all of Lewisboro," Shah said. "We want to take care of our environment, but we also want to take care of our people and do it thoughtfully."

Shah noted that any new rules would require consistent enforcement.

"We've got a lot of code already on the books … we need to make sure that it's equally being consistently enforced to the best of our ability," she said. "If it's not being enforced, then we need to do something about it. If we just enact more regulations that aren't going to be enforced, it's performance art."

Councilman Dan Welsh pointed out that some municipalities in New York have banned short-term rentals entirely.

"Does anybody here believe that?" Welsh asked.

No one on the board favored that approach, and Sklarin called such a ban "constitutionally dubious."

"We have our limit as a Town Board," Shah said. "We can't go beyond the state or federal rules."

The board agreed to continue discussing short-term rental regulations at its July 27 meeting. Welsh said there appeared to be consensus that Lewisboro did not want multinational corporations purchasing multiple homes for short-term rentals.

"Secondly, do we want to look at any sort of cap on the numbers?" Welsh said. "There are plenty of municipalities that have said, 'All right, we're not going to go beyond X percent of the housing stock,' or some other measure."

Lisa Oweis of South Salem said absentee ownership should not automatically be viewed as problematic.

"If the concern is accountability, there are already practical ways to address that without restricting property rights," Oweis said. "Towns across the country require local contacts, emergency response information, registration, insurance, occupancy limits, noise standards, and penalties for violations. … I would encourage the board to distinguish between responsible homeowners and absentee operators who fail to manage their properties."

"A bad host can live next door, and a great host can live in California," said Cove Road resident Gus Levy. "Bad behavior is a code enforcement issue, not an ownership issue."

He pointed to mechanisms in state law that provide for tracking rentals through county registries, as well as the collection of occupancy taxes, as providing visibility and transparency.

On a related topic, Ed Thieberger of Cross River spoke during the public comment period about a development project he expects to move forward on a large vacant parcel on Route 35 near his home. It was the second consecutive board meeting at which he raised concerns.

"I expressed concerns about the scale of potential development in the area, traffic, access issues, wetlands, stormwater, tree removal, et cetera," Thieberger said. "I asked whether the board would consider a moratorium or some other temporary protection for building in this half-acre zone while the zoning issues are reviewed. I'd like to reiterate that request here tonight."

"I understand that no subdivision application has been filed with the Planning Board as of yet, and that no permits or applications have been filed for tree removal or excavation," he continued. "Nonetheless, a lot of activity has already taken place on the property … if a subdivision application is filed later, the Planning Board should not consider the current condition of the property as the baseline. If trees were removed or land was disturbed beforehand, that should be part of the record."

Vito Secchiano of South Salem expressed the opposite view.

"We moved up here six years ago. We have young kids in the school, and it's our feeling, and the feeling of many people at a similar stage in life, that we want to encourage the town to develop," Secchiano said. "We'd like to see the schools fuller, and the parks and activities full of life again."

Among other business, the board concluded its public hearing on whether to waive the residency requirement for the deputy receiver of taxes. Following a brief discussion that drew no public comments, the board voted to approve the measure, which amends Chapter 50 of the Town Code.

The board also approved a resolution appointing Dale Bloom to the Open Space and Preserves Advisory Committee for a term expiring Dec. 31, 2027, and a resolution authorizing the emergency replacement of two hydrants in the Oakridge Water District.

Among personnel matters, the board approved a resolution authorizing Recreation Administrator Michael Portnoy to attend the National Recreation and Park Association Annual Conference in Philadelphia.

Portnoy received the Dr. Sal Prezioso Fellowship Scholarship through the Westchester Recreation and Parks Society, which covers the conference registration in full.

The board also authorized Recreation Superintendent Nicole Caviola and Recreation Leader Katie Coluccini to attend the annual conference of the New York State Recreation and Parks Society, scheduled for early November.

During its June 8 meeting, the Lewisboro Town Board also approved two personnel appointments: Kim Oltman as part-time assistant court clerk and Samantha Waltz as part-time intermediate account clerk.