Italy board enacts six-month moratorium on short-term rentals in 3-2 vote

At its Jan. 28 special meeting the Italy Town Board adopted a six-month moratorium on the submission and processing of short-term rental applications, referring the proposed moratorium law to the Yates County Planning Board under General Municipal Law 239-m. Councilperson Malcolm MacKenzie moved the resolution and Councilperson Richard Craig seconded; the motion passed on roll call with Ayes from MacKenzie, Nicholas Baranowski and Richard Craig, and Noes from Dave Ferry and Brent Walton.

The moratorium was initiated at the request of the Town Planning Board and Zoning Board of Appeals to allow time for those boards to draft local regulations. Town Attorney Ed Brockman told the board that the action is a Type II action under SEQR (6 NYCRR §617.5[c][36]) and therefore not subject to environmental review. Board discussion addressed the moratorium template source, possible litigation risk and the effect of short-term rentals on housing supply. Councilmember Nick Baranowski said the proposed hardship-application fee of $500 "seemed a little too much," and Supervisor Richard Craig suggested reducing that fee to $200; the attorney agreed to revise the draft accordingly.

The resolution schedules a public hearing for March 11, 2025 at 7:05 p.m. at the Town Hall and requires referral to the county planning board before final consideration. The moratorium will pause acceptance and processing of new short-term rental applications while local regulations are developed; Attorney Brockman cautioned that moratoria sometimes require extension if the drafting process is not demonstrably progressing, and property owners could challenge a moratorium with an Article 78 proceeding if they believe the town has not made visible progress.