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Record of Proceedings

North Salem Planning Board Work Session – February 19, 2025

Town Board & Boards — Wednesday, February 19, 2025
BodyNorth Salem, New York
SessionTown Board & Boards
DateWednesday, February 19, 2025
StatusFILED
Video Record
0:00 / 1:33:38

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:02

All right.

0:03

I'm calling the February 19th work session to order.

0:09

The bulk of the evening will be spent discussing proposed short-term rental legislation.

0:16

Since our last discussion, we have a draft from our planner, and we have some legal documents from our attorney who's attempted to find out a couple of points about whether or not there could be restrictions for owner-occupied at what times.

0:42

Should we could we say that the owner must occupy one or part of the dwelling for certain part of time?

0:50

So with that, I think probably the best thing to do is to start with Will's memo and go through it line by line.

0:59

And when we get to some of the uh sections, we're going to talk about ownership.

1:04

We'll have Lisa weigh in and guide us accordingly on that.

1:10

Um since we received these memos, I did um put together some of my comments, which you all have and were able to look at.

1:20

And for Lisa's sake, I reminded everybody

Unassigned speaker

1:23

that

Speaker 1

1:25

in North Salem a lot of the properties have accessory apartments, and some have more than one accessory apartment.

1:31

So as we're talking about short-term rentals, we may be talking

Unassigned speaker

1:35

about

Speaker 1

1:36

the main house on the property, um, an accessory apartment on the property, um, or one or two accessory apartments on the property, um, or an accessory that could be in a separate building or within the house.

1:50

We do have a requirement through the Board of Appeals issuance of a special permit for accessory apartments.

1:59

Um our code says that the owner must occupy one of the units.

2:06

So there may be a few uh apartments or cottages in town that predate zoning, but for the most part, I think everyone would fall under the caveat that the owner must occupy at least one of the units, and that was a condition of them getting um a special permit for having a second unit.

2:24

So having said that, let's start with um Will's memorandum.

2:29

The first section suggests what zoning districts we should consider allowing short-term rentals, um, and basically it follows the um bed and breakfast um conditional use of the planning board.

2:47

So we have um four major, no, excuse me, five major residential districts.

2:53

The R1, the R2, the R4,

Unassigned speaker

2:57

the

Speaker 1

2:57

R1 half, and the R1 quarter, and we are suggesting that we allow it in all of them.

3:04

Although thinking out loud, they're probably

Unassigned speaker

3:07

I'm

Speaker 1

3:07

not sure if there's any, yeah, there is a situation in the R1 quarter.

3:10

There is one home, I suppose that would not want to be left out.

3:15

Um but when it comes to the commercial districts, I don't believe we allowed

Unassigned speaker

3:20

uh

Speaker 1

3:21

bed and breakfast in either the NB or the GB district.

3:25

So I'm not sure we want to do that, but we do have a lot of homes in the PO district, so we might want to consider adding the PO district.

3:35

So what is everyone's thought on that?

3:38

Putting in the five residential PO, but not the two commercial NBGB or RO, which isn't even on the list.

Speaker 2

3:46

Yeah, I think I I generally agree.

3:49

I'm trying to envision where you know how an NB or GB district building would even have a it just doesn't make sense to me that we would have short-term rentals.

4:01

Well,

Speaker 1

4:02

in the GB district, uh, for instance, in Croton Falls, you do have one, two, three, four, about five single-family homes.

4:13

Um they you know where the uh park that's not a park is right uh south of that.

4:19

There are two homes along Lumber Street, and where the rail yard art studio is to the right of that, um east of that is a string of three homes.

4:30

They're all in the GB district.

Speaker 3

4:31

And and cross street.

Unassigned speaker

4:34

Uh

Speaker 1

4:34

that's multi-family.

Speaker 3

4:35

That's multi-family.

Unassigned speaker

4:36

Okay.

Speaker 1

4:37

Yeah.

4:37

The other homes, the other buildings are multi-family.

4:40

In the NB district, we are over

Unassigned speaker

4:44

with

Speaker 1

4:44

the North Salem post offices.

4:46

There are no home, single family homes there.

4:49

We're up near Peach Lake Market.

4:51

I don't believe there's

Unassigned speaker

4:53

I

Speaker 1

4:53

don't believe the single family homes are in

Unassigned speaker

4:55

it.

Unassigned speaker

4:56

Um, but there are some single family homes in Croton Falls in the GB district.

Speaker 1

5:02

Yes.

5:03

And there's definitely in the PO district in both Croton Falls and Purdy's.

Discussion Breakdown — Share of Meeting
Short Term Rentals█████████████████████████████████████████████56%
Miscellaneous█████████████16%
Fire Safety████████10%
Building Code Compliance██████8%
Parking Management██3%
Engineering And Infrastructure██2%
Legal And Compliance█1%
Affordable Housing█1%
Zoning And Land Use█1%
Summary of Proceedings

North Salem Planning Board Work Session – February 19, 2025

The North Salem Planning Board held a work session on February 19, 2025 (convening at 7:30 PM per the agenda) to review proposed short‑term rental regulations, receive an update from a meeting with the Fire Commissioner, and coordinate logistics for an upcoming site visit. The discussion focused on a draft prepared by planner Will, with legal guidance from attorney Lisa. No public comments were heard, as this was a working session of the board.

Short‑Term Rental (STR) Regulations

The board conducted a line‑by‑line review of Will’s draft memorandum. Key points of discussion and tentative decisions included:

  • Zoning Districts: STRs should be permitted in all residential districts (R‑1, R‑2, R‑4, R‑1/2, R‑1/4) and in the Professional Office (PO) district. The board tabled inclusion of the General Business (GB) and Neighborhood Business (NB) districts for further review of the zoning map.
  • Definitions: Will will prepare definitions for “tourist home,” “boarding room,” and “boarding house” to replace current references. The term “sleeping area” will be changed to “bedroom” (as shown on the certificate of occupancy). Hosted/unhosted definitions may be dropped if not used anywhere in the proposal. Employee quarters will be explicitly excluded from STR use.
  • Annual Limitation: A placeholder of 180 days and 26 weekends was set; the board will finalize the numbers before presenting to the Town Board.
  • Owner Occupancy: Not yet decided for single‑family dwellings (the board discussed discouraging investment properties). For properties with accessory apartments, the existing special‑permit condition that the owner occupy one unit will remain.
  • Number of STRs per Property: Only one STR will be allowed per property, even if multiple accessory apartments exist. The board asked Lisa to provide legal support for this limitation based on preserving housing supply and preventing commercialisation.
  • Maximum Bedrooms/Guest Count: The cap of six bedrooms was removed; the maximum is now the number of bedrooms on the certificate of occupancy. The 10‑guest maximum (paragraph C) was also removed.
  • Operational Standards:
    • Quiet hours: 10 PM to 8 AM (board preference, to be forwarded to the Town Board).
    • Primary and secondary means of egress from each bedroom (to be verified with the building inspector).
    • Fire and carbon‑monoxide detectors required; annual fire safety inspection (frequency to be determined).
    • No amplified music or loudspeakers; no weddings, receptions, parties, filming, or commercial services.
    • Parking: No on‑street parking. Board will require a site plan showing designated parking areas; specific parking ratios will be decided case‑by‑case. Will will draft language modelled on Woodstock’s code.
    • Applicant must provide proof of septic pump‑out date; insurance proof was deemed unnecessary.
  • Transitional Provisions: The board did not include a grandfather clause for existing STRs, as the current code already prohibits tourist homes. Lisa will advise on language to avoid implying prior legality.
  • Next Steps: The board will incorporate all changes and prepare a first draft for the Town Board, bracketing items such as owner occupancy, number of accessory apartments allowed, and quiet hours for Town Board input.

Fire Commissioner Meeting Update

Chair Cynthia reported on a meeting with at least five fire commissioners and several fire‑department personnel. Topics covered:

  • Little Mountain Site: The fire truck could not safely negotiate the driveway due to its narrow width and a 11.5‑foot bridge. A dry‑pipe system was suggested as an alternative. The applicant (Ari) heard the concerns; no changes have been promised yet.
  • Water Storage & Dry Hydrants: The fire department is installing a 30,000‑gallon tank at the Croton Falls firehouse and is open to dry hydrants on ponds with bubblers to prevent freezing.
  • Access Infrastructure: Discussion included stone pillars (need set‑back dimensions from truck size), staging areas (10x15 ft for commercial sites), snow‑removal near hydrants, bridge weight capacities (maximum truck weight 66,000 lbs, with a 15–20% safety margin), and turnout areas on long driveways with steep grades.
  • Implications for Planning Board: The board will incorporate these fire‑access considerations into future site‑plan reviews.

Site Visit Logistics

Members agreed to meet at Town Hall at 4:50 PM on the designated date and carpool to the property. The Conservation Advisory Council (CAC) will be notified.

Key Outcomes

  • The STR draft will be revised to include clarified zoning districts, definitions, operational standards, and parking requirements. Attorney Lisa will supply legal justification for owner‑occupancy and unit‑count limitations.
  • Will will confer with the building inspector on egress, fire‑safety inspection frequency, and second‑kitchen permits.
  • The board will present a preliminary STR draft to the Town Board at its March meeting, with highlighted items (annual limits, quiet hours, accessory‑apartment caps) for direction.
  • The Fire Commissioner’s comments on access and infrastructure will be integrated into future site‑plan conditions.
  • Next meetings: Regular Meeting – March 5, 2025; Work Session – March 19, 2025 (both at 7:30 PM).

The meeting adjourned by motion after approximately two hours of discussion.

Meeting Transcript

All right. I'm calling the February 19th work session to order. The bulk of the evening will be spent discussing proposed short-term rental legislation. Since our last discussion, we have a draft from our planner, and we have some legal documents from our attorney who's attempted to find out a couple of points about whether or not there could be restrictions for owner-occupied at what times. Should we could we say that the owner must occupy one or part of the dwelling for certain part of time? So with that, I think probably the best thing to do is to start with Will's memo and go through it line by line. And when we get to some of the uh sections, we're going to talk about ownership. We'll have Lisa weigh in and guide us accordingly on that. Um since we received these memos, I did um put together some of my comments, which you all have and were able to look at. And for Lisa's sake, I reminded everybody that in North Salem a lot of the properties have accessory apartments, and some have more than one accessory apartment. So as we're talking about short-term rentals, we may be talking about the main house on the property, um, an accessory apartment on the property, um, or one or two accessory apartments on the property, um, or an accessory that could be in a separate building or within the house. We do have a requirement through the Board of Appeals issuance of a special permit for accessory apartments. Um our code says that the owner must occupy one of the units. So there may be a few uh apartments or cottages in town that predate zoning, but for the most part, I think everyone would fall under the caveat that the owner must occupy at least one of the units, and that was a condition of them getting um a special permit for having a second unit. So having said that, let's start with um Will's memorandum. The first section suggests what zoning districts we should consider allowing short-term rentals, um, and basically it follows the um bed and breakfast um conditional use of the planning board. So we have um four major, no, excuse me, five major residential districts. The R1, the R2, the R4, the R1 half, and the R1 quarter, and we are suggesting that we allow it in all of them. Although thinking out loud, they're probably I'm not sure if there's any, yeah, there is a situation in the R1 quarter. There is one home, I suppose that would not want to be left out. Um but when it comes to the commercial districts, I don't believe we allowed uh bed and breakfast in either the NB or the GB district. So I'm not sure we want to do that, but we do have a lot of homes in the PO district, so we might want to consider adding the PO district. So what is everyone's thought on that? Putting in the five residential PO, but not the two commercial NBGB or RO, which isn't even on the list. Yeah, I think I I generally agree. I'm trying to envision where you know how an NB or GB district building would even have a it just doesn't make sense to me that we would have short-term rentals. Well, in the GB district, uh, for instance, in Croton Falls, you do have one, two, three, four, about five single-family homes. Um they you know where the uh park that's not a park is right uh south of that. There are two homes along Lumber Street, and where the rail yard art studio is to the right of that, um east of that is a string of three homes. They're all in the GB district. And and cross street. Uh that's multi-family. That's multi-family. Okay. Yeah. The other homes, the other buildings are multi-family. In the NB district, we are over with

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