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HomeMy WebLinkAboutSTRCommMtgMinutes 6.25.24.pdfPage 1 of 3 Short Term Rental Subcommittee June 25, 2024 Attending: Deputy Supervisor John Stype (Chair) Town Board: Jill Doherty, Anne Smith, Greg Doroski Government Liaison: Gwynn Schroeder Building Dept: none – (Note: Heather & Mara met separately with Mike Verity to catch him up on prior meetings as there is an ongoing scheduling conflict for him.) Planning Staff: Heather Lanza, Mara Cerezo Town Attorney: Jack Squicciarini, Ben Johnson Code Enforcement: Arthur Bloom Housing Advisory Commission: Cheryle Amara Accept the Minutes from the last meeting Approved. Last Mtg Recap – Overview of Regulations and Discussion of Options ● Reviewed packet of Short-Term Rental Regulations from other places ● Discussed pros, cons, and questions for each jurisdiction ● Walked through Options table document and reviewed pros and cons of each option ● Focused on Option 3 with some notations for further consideration Review guiding principles and Comp Plan notes (see handout) ● The comprehensive plan provides a robust foundation to regulate transient rentals by highlighting their impact on residential neighborhoods, the need to uphold zoning laws, and the preservation of community stability, quality of life, and the local economy. These points collectively support the town's authority and justification for enacting regulations that govern the use of properties for transient rentals. Take a Close Look at Option 3 and Other Considerations ➔ Option 3: Limit the ability to have a short-term rental to owner-occupied homes where it is their primary residence Any legal concerns for primary residence only? ● Yes, the case law surrounding the Dormant Commerce Clause ● With constitutional issues, the Town needs to consider reasonable alternatives ● Locality must demonstrate that a legitimate public purpose exists for which there is no reasonable non-discriminatory alternative. Page 2 of 3 Discussion on opening up to non-primary residence: • Limit the number of homes you can own and rent out that isn’t your primary home - only one • Limit the number of times the home that isn’t your primary residence can be rented out. • Looked at also a cap on the total number. • Discussed limiting the number of days per year that someone can rent it out. • What is that number? • Will a reasonable number still cause that problem? • Now thinking going away from primary and just limiting • Hardship exemption to the cap on the number for primary resident at a certain income level. • Idea for limit rentals to six times a year. Maybe a rental permit is issued each time to track it. • Have to add code enforcement • Need ways to enforce rentals - methods and strategies for on-the-ground enforcement • There are companies that can help track this and enforce it - should the Town look into that? • The rental permit system needs to be improved so it can be more useful • Police said that their opinion on short term rentals isn’t really focused on whether it is short term - complaints are more generic - noise and unruliness. • Our goal is to prevent that from happening, plus trying to get the homes being commercialized back into year-round housing. • Separate permits are needed • Village of Greenport - what are they doing with a program that helps them calculate the short-term rentals. Does it work for them? • Two separate rental permits • A permit for each short-term rental permit • How large of a penalty can the Town impose? What is the direction? • Adding to Option 3 by adding a lottery system with a limited amount of short-term rental locations per hamlet for homes that are not the owner’s primary residence. • Define a short-term rental/transient rental. 29 days or less. • Limit number of short-term rentals town-wide for those that are not owner’s primary residence, and (1% - by hamlet and zoning district - not commercial zoning districts - single family homes - what about single family homes in commercial zones? Will probably use a number not a percentage in the end) Page 3 of 3 • Limit one per natural person • Owner’s primary residence can have these outside the town-wide limit • Not in ADU’s • Don’t address seasonality and workforce housing for ADU’s here • No subletting or house shares • No more than 2 # per bedroom - put on application - can be more restrictive than the state code in our short-term rental code. • Permit posted at front door. Needs an improved permit posting. • One short term rental per parcel (if multiple cottages • Insurance issue - needs more research on Town potential liability for issuing rental permits. Town held harmless language? Does that work? • Require they register with the County as a rental so they get taxed. • 1% - do we limit the number of days they can rent on a short-term basis? Not necessary if we limit the total number in the Town. Next Steps: • Fine tune the recommended code changes • Identify what is needed to make it work Reminder of future meeting dates: ● Originally July 9th was discussed, but after the meeting it was rescheduled to July 23rd at 9am. ● Goal of presenting to the Town Board was originally by end of July, but will look towards scheduling on an “off-Board” meeting Tuesday, perhaps August 20th. ● The report (and supplemental materials) can go to the Board in advance of the presentation date.