A proposal that would permit two-bedroom accessory dwellings with kitchens on East Hampton Village properties of 40,000 square feet or more, for use by family, friends, or employees of the primary residents, received unanimous support at a village board meeting on Friday.
A public hearing on the matter, and several other proposed code changes, will be held on Aug. 20.
Accessory dwellings on lots with an existing single-family residence have been prohibited since 2013, according to the village's code book. The proposal would permit them in residential districts but with several restrictions. They would be allowed to contain no more than two bedrooms, could not exceed a maximum ground floor area of 250 square feet or height of 14 feet, would have to adhere to the same setback requirements as the principal residence, and occupancy would be limited to family, friends, and employees such as caregivers and household staff. Homeowners would not be allowed to rent the dwelling separately from the principal residence, and the accessory dwelling's ground floor area would count toward the principal residence's maximum ground floor area. A property covenant that details the restrictions of the use would have to be recorded with the Suffolk County clerk. Residents who add an accessory dwelling would be required to install a nitrogen-reducing septic system for the structure, according to Billy Hajek, the village planner.
Arthur Graham, a trustee, wondered how the village would ensure that the dwellings were being used as permitted, and suggested mandatory yearly inspections. Vincent Messina, the village attorney, said he would look into whether regular inspections could be conducted without violating people's constitutional rights. If homeowners are found to be illegally renting the units, Mr. Messina said, they would be in violation of the covenant on the property, and would lose the permitted use. Mr. Graham also suggested exploring the option of including work force housing as a permitted use, and recommended discussing the matter at the public hearing.
To encourage the development of work force housing in the commercial core, the board is proposing to exempt units that are developed within 500 feet of a mass transportation facility from providing parking. Developers would have to pay a $20,000 fee instead.
The board proposed an amendment that would allow the owners of nonconforming buildings or buildings on nonconforming lots to enlarge, reconstruct, alter, restore, or repair the structures without receiving permission from the zoning board of appeals as long as the work does not increase the degree of nonconformity. As it stands, the owners of such properties must receive a variance for even basic home maintenance work. "This clogs up the zoning board's agenda a lot," said Chris Minardi, the deputy mayor and a former member of the Z.B.A.
The existing code for maximum gross floor area on primary residences differentiates between lot sizes, with lots under 40,000 square feet allowed 10 percent of the lot area plus 1,000 square feet, and lots over 80,000 square feet allowed 3 percent of the lot area plus 5,400 square feet. Mr. Messina said owners of larger lots are penalized by that calculation, and the village is proposing to apply the requirement for those under 40,000 square feet to lots of any size. The code for maximum gross floor area for accessory structures would get a similar overhaul, with 2 percent of the lot area plus 200 square feet allowed on properties of any size.
The board also discussed proposals to exempt flat roof safety railings that are required by New York State from being factored into a height calculation, and to exempt walkways that provide noncommercial access to the beach from being calculated in permitted lot coverage.
The board is proposing to double the cost of a building permit for those who have begun construction prior to a permit's being issued.
