The Town of Rochester Town Board continued the public hearing on Local Law B-2022: amending Chapter 140, zoning to add a new section 140-13.1, Accessory Dwelling Units on May 25, 2022 at 7:00pm at the Harold Lipton Community Center

PRESENT:

Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Supervisor Michael Baden
Deputy Town Clerk Christina Ferrara Town Attorney Marylou Christiana

ABSENT:
Councilwoman Charlotte Smiseth Town Clerk Kathleen Gundberg

Supervisor Baden called the continuation of public hearing to order.

PUBLIC COMMENT:

One resident asked for clarification on what the final square footage on the ADU.

WRITTEN COMMENTS:

Maren Lindstrom:
It is my belief that this law began as an excellent law and at that point it elegantly addressed known housing issues. Unfortunately, with each passing iteration, it has pivoted from an ADU law into more of an added density second dwelling law much of which is in direct contradiction with our existing Chapter 120 and 140 regulations. There are other Chapter 140/120 line items that contradict the new iteration, but there is no need to detail them in the Public Hearing. I recommend that the Board revisit the dilutive changes of the law so as to avoid unintended consequences and to assure that it respects all points of our Comprehensive Plan, not just “that the Town remains an affordable lace to live”.

ADUs are called “Granny Apartments” for a reason—they are designed to aid multi-generational care and housing concerns.
• The current size limit of 900 square feet and two bedrooms is not creating “granny apartments” it is too great a density increase with many unintended consequences. The median US apartment is 882 square feet and the median studio apartment is just over 500 square feet (US Dept. of Labor). 900 square feet is a second home, and that is not the goal of ADU planning. A possible compromise language: to allow for the conversion of existing accessory buildings under 750 square feet to accessory dwelling units, and to allow for conversion of space within or attached additions to existing homes not to exceed 900 square feet or 35% of the dwelling, whichever is lesser. The definition of “existing structures” is also proposed to be those on the tax rolls for at least 5 years from the date of application.
• How will “clearly accessory/secondary” be defined/determined and by whom? Adding back to the law that the accessory dwelling unit should be “in harmony with the existing structures” and “no new curb cuts” would help this. This would help protect our Historic Structures as well. Preferable is to add back the Historic Review Clause, or limit ADUs in Historic Structures. Is the B district really appropriate for “Granny Apartments” when one looks at the actual composition of our B districts?
• We have water issues in the Town. Yes the ADU would need DOH approval, but the DOH looks at each individual case, not the cumulative effect. The Board needs to consider the cumulative effects, not simply each ADU getting a permit or connecting to an existing water supply.
• Greater density inevitably causes greater calls on fire, EMS and police. Has this been fully vetted vis a vis the need for affordable housing and the density that this proposes?

CLOSURE OF PUBLIC HEARING:
Resolution # 236-2022

A Motion was made by Councilman Paddock to close the public hearing at 7:10pm on local law B -2022: amending Chapter 140, zoning to add a new section 140-13.1: Accessory Dwelling Units.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 0 motion carried

RESPECTFULLY SUBMITTED,

CHRISTINA FERRARA
DEPUTY TOWN CLERK