BARKER — The Somerset town board has approved a moratorium on the establishment of new short term rental properties, more commonly known as Airbnbs.
The board unanimously agreed to a nine-month “pause” on the establishment of new short-term rental properties in the town. Existing short-term rental properties in the town are not affected.
Several residents who spoke during the public hearing at Wednesday evening’s town meeting raised concerns about how the town would enforce the moratorium.
Town officials contend that violations will be handled on a “case by case basis” and investigations into those violations will mostly be a product of complaints from neighbors.
“Unfortunately, we’re going to have to go by…what people tell us. We don’t have somebody who’s going to go out there and monitor every place down on the lake,” supervisor Jeff Dewart said.
The board previously held public hearings on proposed short-term rental regulations at its December and January meetings in which several residents spoke in support of and against short-term rental properties in the town as well as the need for such regulations.
Following that, the board decided to form an ad hoc committee consisting of town officials and residents to research and study short term rental regulations and offer recommendations for the implementation of a law.
The six-member committee consists of town board members Gail Damon and Fred Leuer and residents Andre Pagliaro, Michael Lawerence, Dean Schatz and Laura Smith.
Leuer said the group met twice prior to the moratorium vote and they have begun to “tweak” the previous draft of a law governing short-term rentals.
He is hopeful an updated draft will be finalized before the nine-month moratorium expires.
“We’re talking to a couple short-term rental owners and a couple of their neighbors and putting our heads together,” Leuer said.
After the committee finalizes a draft law, it will have to gain approval from the Niagara County Planning Board and then go in front of the town board for a vote.
According to town attorney Dave Haylett, the board would repeal the moratorium if a new law regulating short-term rentals is approved by the town board in less than nine months.
Like several neighboring towns in Niagara County, Somerset is aiming to get a handle on the vacation rental housing market and the rights of such property owners and their neighbors.
The only regulations the town has on the books now pertain to more traditional owner-occupied bed and breakfast establishments.
Haylett noted that since Somerset currently has no regulations on the books pertaining to short-term rentals they are unsure how many are currently operating in the town.
The nine-month moratorium will go into effect once the authorizing resolution is received by the New York Secretary of State.