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Village Board reviewing 2-family permit code

2010-02-03 / Front Page

by Carolyn James

The Amityville Board is looking into how it can tighten up its current two-family codes to protect the integrity of the one-family community, and held a public hearing to elicit residents’ comments and suggestions last week.

In April, 2009, the Village took the first move, eliminat­ing the non-owner-occupied option, in large part as a re­sult of numerous problems these two-family homes posed in the Village, said Amityville Village attorney Bruce Kennedy. Under Village code now, no permits for accessory apartments in single-family homes will be approved un­less the owner lives in the home. Additionally, the Village eliminated the requirement that the homeowner show a “practical hardship” when he or she applies for the two-family permit. That change was to bring the Village code in line with state law.

At the hearing last week, the board discussed several options to further tighten up the code for owner occupied two-family permits. It is considering requiring a special exception, the least restrictive; an area variance, or a use variance, the most restrictive of the options.

All three options would require that applicants go be­fore the Village’s Zoning Board of Appeals. Thespecial ex­ception and the area variance would also require that the homeowner reappear before the board for renewals on a regular basis, and the permit lapses when the applicant sells the home. The use variance, which is significantlymore difficultto obtain, would not require reappearances before the Zoning Board and is attached to the land. Thatmeans that in the event the home is sold, the new owner can also maintain an accessory apartment without further reviews. At the hearing, Mayor Peter T. Imbert said that the board had made a decision about one thing—it wanted to tighten the code to provide the Village with greater control over these residences. Beyond that, said the Mayor, the board wanted to listen to what residents had to say.

“I think it (two-family homes) has the greatest (nega­tive) impact on this Village,” said resident Ed Moore of Wood Avenue. “There is less care of home ownership, it brings in a transient population, and creates parking is­sues within the community.”

Moore told the board he supported any change that would require a regular review of the applications by the Zoning Board of Appeals. “Anything that keeps them (Zoning Board members) in the loop is good,” he said. “We have to find the best balance, one that protects our residents and also allows businesses to flourish in our community,” Imbert told the board members during an earlier discussion. “Thathas been our philosophical ap­proach over the past 13 years and that is how we have to approach these questions, but there is no question that we want to tighten up the code on this.” Jack Hopkins, a resident who has a two-family permit, says he agrees that the code should require applicants to appear before the board on a regular basis, but said that the current two-year review he has is simply too much. “It is a burden when you consider you have to put up the signs and mail out the notices,” he said. “I agree these approvals should be given out with a time line,” said Peter Hudson of South Ketcham Avenue. “I think you need to control them (two-family homes) and the only way to assure that is to give out the permits for a limited time.” Resident Tim Andrews said he does not support any two-family permits but that if the Village is going to have a policy in place to allow them, it should do whatever it can to control them. “I don’t want to see the floodgates open on them,” he said.

“I want more inspections,” said one resident, while Joan Donnison, president of the Bay Village Civic Association agreed that the more oversight the Village can incorporate into the code, the better it would be.

Trustee Richard Ubert told the residents that the Vil­lage’s philosophy is expressed by the fact that the Zoning Board has not granted a new two-family permit in 12 years. Village records show that there are 191 two-family homes in the Village, 57 of which are by Zoning Board approval. Forty of those 191 homes are south of Merrick Road. The Board will be discussing the issue, and reviewing the input by residents, before making a final decision. The next Village Board meeting is Mon., Feb. 8, 8 p.m., 3rd Floor, Village Hall.

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