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Airbnb legislation ready to check in

REPORTER FILE PHOTO The Town Board met in work session Tuesday to discus iimplementing new legislation for short term rentals.
REPORTER FILE PHOTO The Town Board met in work session Tuesday to discus implementing new legislation for short term rentals.

Councilman Paul Shepherd asked Supervisor Jim Dougherty to put on the brakes from pushing for a new law affecting airbnbs by July 15.

But both men are seeking a compromise that ensures property owners the right to rent out their premises on a short-term basis while protecting neighbors from being disturbed by groups renting Island residences as party houses.

Mr. Dougherty announced at Tuesday’s Town Board work session that a draft proposal of a law could be finalized at the July 12 work session, scheduled for a public hearing on July 15 and adopted immediately after that hearing.

But Mr. Shepherd reminded him that while a draft proposal can be tweaked by next week, the Town Board could only set a date for the public hearing at the July 15 meeting that would have to be advertised, and then it would be August before the hearing could be held and the law finalized.

The issue of the proliferation of so called “airbnbs” — unregulated short term rentals — arose last month when residents of Sylvan Road packed Town Hall with complaints about renters on their street partying until late at night with loud music and publicly displaying drunken behavior at all hours.

But last week, the board heard from residents who argued they rented to families and polite couples and needed to rent their houses to supplement their income and make mortgage payments. It was also mentioned that short term rentals bring tourist dollars to the Island, helping local merchants and those employed in the hospitality business.

In an attempt to balance both interests, Town Attorney Laury Dowd drafted a proposal that appears on the town website. Go to shelterislandtown.us and click on “Town Topics” and “Upcoming Hearings and laws.”

The draft calls for airbnbs to meet similar requirements that cover Bed & Breakfast establishments.

Provisions include:
• Owners must apply for special licenses that expire after two years or at a time when the property changes hands or the owner ceases to occupy the premises
• Rentals must exist only in owner-occupied houses and limits apply to the number of bedrooms and guests depending on the zone in which the house is located
• The dwelling must have at least two parking spaces and at least one additional parking space for each guestroom with parking located in the least conspicuous area of the lot
• No meals except breakfast can be served to guests on the premises
• Unless it’s located in a business district, there can be no signs listing the premises as a B&B or Guest House unless it was a listed B&B prior to enactment of the law affecting airbnbs
• Minimum two-week stays could be imposed for such rentals
• Premises lawfully operating as a one-family dwelling renting rooms or as a boardinghouse where owners want to convert to a regular B&B, can apply for that license within 18 months of the airbnb law taking effect

As for violations, the draft calls for a $1,000 fine for a first offense; $5,000 for a second offense; and $7,500 for each subsequent offense.

But Town Board members spoke Tuesday about the possibility of revoking an airbnb registration for a period of up to two years should violations continue.

Councilwoman Chris Lewis advised her colleagues to be sure that whatever goes on the books is enforceable.