North Salem Planning Board Work Session – August 20, 2025

The North Salem Planning Board held a work session on Wednesday, August 20, 2025, at 7:30 PM, in person and via Zoom. The board discussed two agenda items: proposed same-day directional signs for community events, and the pending short-term rental (STR) draft law, including public comments from the Town Board hearing. No minutes were available for this meeting; this summary is based on the agenda and transcript. The board made no final votes, but directed staff to draft several revisions and agreed to continue the discussion at the September 3, 2025 regular meeting.

Public Comments & Testimony

• The Town Board's public hearing on the STR draft drew roughly eight or nine in-person attendees and a similar number on Zoom, with nine speakers.
• Several speakers who operate STRs spoke in favor of them; several others expressed strong concerns and spoke against them; others raised specific technical questions.
• One speaker asked whether unhosted STRs could be precluded, arguing there would be insufficient oversight; the Planning Board generally disagreed with prohibiting unhosted rentals.
• A speaker asked how police could identify a renter if a crime occurred; this prompted discussion of requiring owners to maintain guest contact information.
• A speaker questioned the "jeopardize" language in the violations section, calling it too ambiguous and toothless.
• A speaker (Peter) argued that an 8:30 PM quiet time and exterior lighting restrictions would be overly restrictive and unenforceable.

Discussion Items

Signs for Community Events

• The Chair explained the item arose because directional signs for community events, including the farmers market, have been placed in town, county, and state rights-of-way, and remain up without enforcement.
• The Historical Society asked whether directional signs could be allowed on the day of their event.
• The board noted it cannot regulate state or county rights-of-way; only town roads could potentially be addressed.
• Members discussed allowing signs only on the day of an event (or a narrow three-day window), but worried that political signs would also qualify as "events."
• The board leaned against creating a new allowance, noting organizations can instead place signs on private property with supporters' permission.
• The Chair said she would ask Town Attorney Roland about the legal aspects, and the board agreed not to close the topic yet.

Short-Term Rentals: County Registration and Guest Records

• The board discussed adding proof of Westchester County registration as a condition of STR approval, to be provided before signing the mylar/site plan.
• It was noted that Westchester County has until December 31, 2025 (or nine months after the effective date, cited as November 28, 2025) to implement a registry or formally opt out; the county has not yet decided.
• If the county opts out, the county-registry requirement would be removed, and the board questioned whether other information would be needed.
• The board agreed to require STR owners to maintain minimum guest information (name, phone number, email address) and to ask Police Chief Tom Holly whether that information is sufficient for law enforcement.

Short-Term Rentals: Zoning Text Fix (Section 250-45)

• The board identified an error in draft language that inadvertently incorporated all Zoning Board of Appeals special use permits into the STR special permit provision.
• Will added exclusionary language; the board agreed to drop "certain accessory solar energy systems" (a code-company error) but retain the exception for accessory seasonal outdoor restaurant seating over 25 seats, which requires site plan approval.

Hosted vs. Unhosted Rentals

• The board discussed whether to allow unhosted STRs, including situations where an owner leaves for the winter or travels.
• Members noted the current definition of unhosted (no primary owner resident present) would cover an owner who is simply on vacation, which they considered impractical to enforce or prohibit.
• The board generally agreed to allow both hosted and unhosted rentals, and questioned whether the hosted/unhosted distinction was even useful in the code.

Use Groups and District Application

• The board reviewed use group/bulk table assignments for STRs, focusing on bed-and-breakfast equivalents.
• They found one district (NB1 in Purdy's) has no permitted single-family use but contains two existing homes; they will keep the district and assign the correct use group rather than eliminating it.
• Members noted similar density concerns in Peach Lake and other districts and declined to carve out Purdy's, preferring uniform standards with special permit conditions (e.g., limiting advertised parking spaces).

Limits on Corporations and Number of Properties

• Members strongly supported restricting corporate/private-equity ownership of STR properties.
• The board discussed modeling language after Putnam County's approach: a limit of three properties total per owner/entity, with one owner-occupied and two non-owner-occupied.
• Will was asked to draft language identifying LLC principals and preventing an individual from using multiple LLCs to exceed the limit.
• The board noted the 90-day cap already reduces the financial incentive for large-scale investors.

Two-Year Ownership Requirement and Waivers

• The draft requires an owner to have owned the property for at least two years before applying for an STR permit.
• A commenter asked whether the Planning Board could waive this requirement (e.g., for a long-time resident who recently bought a new home).
• The board discussed the risk of arbitrary waivers and decided to pause; no final decision was made. Some members noted a hosted rental could be treated differently from an unhosted one.

90-Day Rental Limit

• The board considered whether to keep the 90-day annual limit.
• Members generally supported keeping 90 days for the first iteration, with a two-year permit term allowing the board to revisit and adjust later.
• The board noted a weekend limitation already exists in the draft.
• A quick VRBO search by a member found no current North Salem listings, though nearby listings (South Salem, Brewster, Danbury) ranged from about $177 to $450 per night. One member reported seeing an STR offered via Facebook for someone relocating to North Salem.

Violations, Enforcement, and Penalties

• The board agreed the sentence "operating a short-term rental without a permit will jeopardize the property owner's ability to obtain a short-term rental permit in the future" was too vague; Lisa will redraft the second sentence, possibly adding a delay or clearer consequence.
• Members discussed whether existing unpermitted STR operators should receive an amnesty or compliance period; they were unsure whether the draft includes one and asked Will to check.
• Regarding fines, the board noted state statute caps the maximum fine; the draft already increases fines town-wide, and the town cannot exceed the statutory maximum.

Lighting, Noise, and Site Plan Conditions

• The board discussed quiet hours and exterior lighting. Members agreed that an 8:30 PM quiet time was overly restrictive and unenforceable, and preferred keeping a 10:00 PM standard.
• The board confirmed the Planning Board can impose more restrictive lighting conditions on an STR site plan (e.g., dark-sky compliance) but should not make them less restrictive.
• The board also confirmed that a 24-hour contact person responsible for the property must be available within one hour, which is already in the draft.

Other Items

• The board discussed whether to cap the total number of STRs town-wide; members agreed to let the permit process run and revisit later if needed.
• Members discussed adding language to prohibit hourly rentals (to prevent pool-party or event-style bookings); Will will look for example code language.

Key Outcomes

• No formal votes were taken.
• The board will not send an immediate response to the Town Board; it will continue STR discussions at the September 3, 2025 regular meeting and the September 17, 2025 work session.
• Will will draft: (1) corporate/LLC ownership limits modeled on Putnam County, (2) exclusionary language for Section 250-45 (minus solar, plus seasonal outdoor seating), and (3) possible language prohibiting hourly rentals.
• Lisa will redraft the second sentence of the violations provision (Section E9) and will ask Town Attorney Roland about the legality of event signs in town rights-of-way.
• The Chair will ask Police Chief Tom Holly what guest identification information would be sufficient for law enforcement.
• Staff will monitor Westchester County's decision on the county STR registry (opt-out deadline December 31, 2025).
• The board agreed to keep the 90-day rental limit, allow both hosted and unhosted rentals, and not add a general waiver of the two-year ownership requirement at this time, though that last point remains open.