The East Hampton Town Board held a public hearing last Thursday night to amend legislation pertaining to accessory dwelling units, or A.D.U.s, in order to spur their construction.
At present, town code allows for 40 such units to be built in each hamlet, though the actual number constructed to date is far below that. The new law would decrease the size of a lot an A.D.U. may be built on, from 20,000 square feet to 15,000, or just over a third of an acre. Equally important, it would no longer require someone building an A.D.U. to be the property’s primary resident.
Reaction from those in attendance was mixed. If there was one provision of the draft legislation that was most attacked, it was the proposal to allow nonresidents to construct A.D.U.s.
“I live in a neighborhood where there are a lot of L.L.C.s [Limited Liability Companies, which are business structures that conceal the names of their real owners], and my neighbors and I see different people very often,” said Patricia Tobin. “I think I have a trust issue with them. I think the landowner has to be present.”
“You’re trying too hard to force two-family housing in single-family residential zones, without changing the character of the town,” said David Buda. “Allowing non-primary residents to add an accessory dwelling unit undercuts the protection of neighborhood character.” Owners of properties with A.D.U.s should be town residents, he said, with their primary residence on site. Further, he criticized allowing the rental registry program to be used by any owner of a property that may also participate in the A.D.U. program.
“The two are really apples and oranges. They just don’t go together,” Mr. Buda continued. “The rental registry program is market rate. The A.D.U. program has an affordable component. When you mix those two, and when you allow limited liability companies and corporations to purchase the property and then rent the entire primary structure full-time, or, as allowed by the rental registry program, multiple times during the year, and then you have a requirement to have an affordable full-time resident in the A.D.U., it’s going to create a nightmare of administration and enforcement.”
Others present focused more on the housing crisis and worried less about who owned the units.
“A.D.U.s offer substantial benefits for homeowners,” said Pilar Moya-Mancera, executive director of Housing Help Inc. “Rental income from an A.D.U. can be the difference between staying in the town or being forced to relocate.” Her argument highlighted the affordability of A.D.U.s not just for the A.D.U. inhabitant, but for the homeowner who builds it.
“The current 20,000-square-foot minimum lot size requirement prevents precisely those homeowners who will benefit the most, those living on smaller lots, who tend to be lower income, from being able to obtain an A.D.U.,” she said. “That is why this proposed amendment is so critical.”
David Goldstein underscored some of Ms. Moya-Mancera’s points and added another, pushing back on one of Mr. Buda’s comments.
“We have a huge stock of housing that is owned by second-home owners who rent out their house anyway,” he said. “Why suddenly say, ‘Oh, actually you can rent out your primary residence, your principal home, but you can’t rent out an A.D.U.?’ “
Michael Daly, founder of East End YIMBY [Yes in My Back Yard], supported the legislation, but acknowledged it would do little to solve the larger issue of housing affordability. “When we make incremental steps, we get no better than incremental results. And we need exponential results. And A.D.U.s are not the answer. They’re not the silver bullet to our community housing problem, but they are one of the tools in the toolshed.”
Jaine Mehring thought all A.D.U.s, attached or detached, should be allowed on parcels down to 15,000 square feet. Agreeing with a couple of Mr. Buda’s points, she said, “We want these A.D.U.s for folks who are residents and live or work here full time,” and “It should be clear that A.D.U.s cannot be rented short-term or seasonably.”
She was the only speaker to bring up parking, recommending only one parking space for detached 600-square-foot A.D.U.s and up to two for attached 1,200-square-foot units. “It seems like two is just too much for a small, detached A.D.U.,” she said.
She supported making it easier to build A.D.U.s, but said the law’s details needed more work. “The way it’s crafted now,” Ms. Mehring said, “it’s just not ready. I just think it’s rife with potential problems.”
At its last board meeting ahead of Thanksgiving, the town board also agreed to spend $1.5 million to acquire 225 and 227 Gerard Drive in Springs. One of the two properties contains a house, which will be demolished.
“We were outbid by quite a bit, but the sellers would prefer to see it go back to green space,” said Scott Wilson, the town’s director of land acquisition and management.
Another public hearing, on a nearly $1.1 million bond to finance a wood grinder for the East Hampton garbage and refuse district, attracted no speakers. The board approved the expenditure.
It also announced three upcoming public hearings, all three to be held at 6 p.m. on Dec. 4. Two of the three concern 2026 fire district agreements: one for the Promised Land District, which runs $576,489, and the other for the Village of Sag Harbor, for $58,857. The third will be on the Wainscott Green Management plan, the subject of a separate article in today’s paper.
The board also agreed to license the farmland at 20 Springs-Fireplace Road to Ocean to Earth Farm, Changing Tides, and Amber Waves Farm.
Finally, the board passed the town’s $110,671,552 budget, which has been the subject of several work sessions since it was unveiled on Oct. 7. It pierces the two-percent mandated state cap and results in a tax increase that equals about $84 per year for a home valued at $1.25 million.
“This budget reflects what matters to our community,” said Supervisor Kathee Burke-Gonzalez. “Strong public safety support for families. Protection of our environment. Reliable services that residents count on. And a responsible approach to managing costs. I am proud of what this budget delivers for the people of East Hampton.”
