From left Lakewood Trustee Ben Troche, Mayor Randy Holcomb, Trustee Richard Fischer, and Trustee Ellen Barnes listen to public comments at a public hearing Monday. P-J photo by Michael Zabrodsky

LAKEWOOD – Many comments were aired Monday at the short-term rental public hearing as Lakewood Village Board of Trustees released the final draft regarding the proposed law.

About 20 village residents and property owners showed up to voice their concerns, and disagreements with the proposed law. Copies of the document were available at the meeting for discussion purposes.

Rick McMahon, a Jamestown resident who owns property in Lakewood, said the lakefront is where money is made with short-term rentals. He added that the proposed law is a disservice to the current lakefront homeowners because those properties are excluded. McMahon agrees with the transparency of the proposed law.

“If you drive up through Maple Springs, the village of Bemus Point in Greenhurst, if you notice over the years, that they are predominantly now dominated by short term rentals. The effect that has had though is they’ve dramatically improved the property values and the conditions of those properties because of competition because remember on By VRBO, and Airbnb, the landlord, the owner of the property is also rated. So when you see your neighbor doing well with their rental, and you’re like not doing so well, it starts to dawn on you, ‘maybe I need to do this.’ I’m also in agreement with the transparency,” McMahon said.

Planning Project Manager Molly Gaudioso of Colliers Engineering and Design was present to discuss the proposed law and again defined what a short-term rental is.

“The short-term rental is a dwelling unit including any surrounding land area, essentially the property as a whole in whole or in part that may be rented out for a period of less than 30 days. And then in this case, we’re looking at that in the context of a business or a commercial use.”

She added that motels, hotels, and bread and breakfast businesses are excluded from the definition.

In October 2023, Gaudioso gave a presentation about short-term rentals, and also said then that there is a permitting process. Gaudioso said the permit process includes receiving a special-use permit which is valid for one year from the date of issuance. The permit will not be transferable to new owners. New owners will have to apply for a permit in which an inspection is part of the permit for enforcement purposes, and a payment registration for occupancy tax is required. There are potential location restrictions. Permits are prohibited in districts R-1, single family; R-3, mobile residential; and L-1, light industrial. Permits may be issued in districts, R-2, multiple family; B-1, retail business; B-2, highway, and B-2.1 overlay auto. With the permit, there is also a requirement to have a designated 24-hour contact person.

Gaudioso added that there also is a sunset clause that allows for existing short term rentals that may be considered non conforming to continue to operate for up to one year. Nonconforming short-term rentals shall stop operation within one year of the effective date.

Village Attorney Marilyn Fiore-Lehman said the village is trying to do its due diligence by getting a consultant to revise the short-term rental law.

“And so rather than just try to respond haphazardly, I think the village (trustees) went through their due diligence. I think they (trustees) have tried to respond appropriately. The document you have in front of you is a draft. The purpose of this public hearing tonight is to get comments from the community and to, you know, possibly make changes to this if the board believes that those changes are deemed necessary,” Fiore-Lehman said.

AirBnB operator Leslie Hazan voiced her concern about the sunset clause. She said she was assured by Mayor Randy Holcomb that her business would be grandfathered into the proposed regulations because Hazan had followed the rules and there were no complaints about her property.

“I was shocked when I saw this. … And then to see that last item at the end saying we are not going to be grandfathered in, that we’ll be allowed to use the permit that we just got through this season, or until one year from whatever date this is voted on. Just really took us by surprise,” Hazan said.

Holcomb said he, as well as the rest of the board, have heard comments from people who are in favor of the proposed law.

“And all five of us elected up here, have heard many, many, many of these issues completely opposite of what’s being said here tonight. That’s why we’re here. This (the proposed law) isn’t taken lightly. We have talked to many, many people who have called us at the office or wherever we meet them. And we are trying to do right by both current rentals and possibly future rentals. But at this point, this is where we’re at. We need to hear everybody’s opinions. I wish more (people) had been here to share,” Holcomb said.

The board will now vote on the STR law at its next meeting on April 22. To view the short-term rental regulations draft, visit lakewoodny.com.