Southeast Considers New Rental Rules; Revisits Maple Road Discussion

By Rob Sample

Rental housing – particularly short-term rentals – has become a hot topic among municipalities of all sizes. On Aug. 21, the Southeast Town Board discussed what’s needed in the town code to properly regulate this form of housing.

The proposal under discussion would amend chapters 108 and 138 of the town code, which regulates rentals and senior housing in town. According to Councilman Eric Larca, the changes would address issues such as overcrowding, parking, noise, and proper maintenance of rental properties.

In particular, the rules would discourage single-room rentals and Airbnbs. Nonetheless, the proposed changes to the code would apply to all rental properties.

“Occupancy would be limited to no more than five persons per dwelling unit, or the number determined by the planning board based on the number of sleeping rooms and the septic system, whichever is less,” said Larca.

Mike Levine, the town’s building inspector, noted that the revised code also clarifies the definition of “families,” which would be afforded more leeway under the new rules. He pointed to a large home in Southeast that was built in the 1920s; with a whopping 10 bedrooms, its septic system was not built for a home with 10 or more occupants.

“We’ve initiated enforcement against the property based on several complaints we’ve received,” he said.

Councilwoman Wendy Lewis noted that these rules would also apply to homes for sale. She said she lives in an older four-bedroom home that has a third story that contains additional rooms, which were likely additional bedrooms long ago.

“Were I to sell my home, I wouldn’t be able to market it for more than four bedrooms,” she said.

Rental agreements would also need to spell out the size of each bedroom, the number of potential occupants for each, and the number of beds. Under the current rules, just bedroom dimensions are collected.

Board members also discussed whether rental agreements could name all of a home’s occupants – but they were unsure exactly how to do so.

One key provision is a statement on whether a rental agreement would be for a short-term rental. “If it is, it has to go for a conditional use permit through the planning board,” said Levine.

Fines for violations would begin at $250 and increase from there. The rules would extend some grace to nonprofits that operate housing for senior citizens. They would incur no application fees under the proposed rules.

Both landlords and prospective renters would be provided with the town’s noise ordinances – which strictly limit noise between 8 p.m. and 7 a.m. – with which they must comply. People who receive violations would have 30 days to appeal to the town board, which would schedule a public hearing on the matter.

There’s a safety aspect to the proposed rules, as renters have been found living in substandard spaces, such as rented rooms that lack windows. Additionally, some landlords have refused to issue a lease, which violates local and state housing laws.

Also during the recent Southeast Town Board meeting, councilmembers continued to explore ways to mitigate flooding conditions along an unpaved section of Maple Road, where flooding can be especially acute at springtime or during heavy rain.

“If it was an especially bad winter, with a lot of ice, when it thaws out everything loosens and it makes those incredible ruts,” explained Town Supervisor Nick Durante.

The best near-term solution is the installation of “geotextile” fabric underneath the dirt roadway’s top surface, he said. This type of material causes the water to drain downward, keeping the top from becoming muddy and rutted.

The town also plans to install a 250-foot section of guardrail along the unpaved part, although it would first need to resolve the road-surface issue.

“Over the longer term, the best solution would be to pave this segment of the road,” said Highway Superintendent Michael Burdick. “Preserving the base also facilitates any eventual road paving and the cost to pave it would be significantly less because the majority of the subbase would already be there.”

“As far as funding, has any attention been toward raising a bond, or alternative funding (for the eventual road paving)?” asked Enoch Crosby Road resident Kevin Fennell, whose street adjoins Maple Road. “I know a lot of people are very passionate about this and I understand the speed concerns.”

“We’ve talked about it, but I don’t think we’ve actually set anything up to start being able to fund it in a few years,” said Durante. In the meantime, the town aims to see what develops with its incremental approach.

The roadwork would incur closings Sept. 23 and 24, when local schools will be closed for Rosh Hashanah.

“When you talked about closing the road, I got a little nervous because I was thinking about emergency vehicles,” said one Ivy Hill Road resident. “I know the other end of the road would be open, but is there notice given to, you know, fire, police, all of that?”

“We do notify emergency services” of any scheduled road work, answered Durante.

A separate project would involve installing a 250-foot section of guardrail along the unpaved section of Maple Road. New electric school buses, which the state has mandated that districts switch to by 2027, are much heavier than current ones – which would have an impact on guardrails.

“Most of the guardrails in the whole region are not designed for buses with the new weights,” noted Scott Seaman, a trustee of the Brewster School Board. “So, that’s something to be considered down the road.”