Monroe Conservation Commission weighs in on proposed Accessory Apartment Law

The Monroe Conservation Committee, an advisory committee that studies the environmental impacts large and small that confront the Town of Monroe, submitted the following opinion on the town's proposed Accessory Apartments Local Law, Section 57-3 Dwelling, Accessory Apartment, Section 57-21 Draft Local Law of 2017:
Thank you for the opportunity to review and comment on the above referenced proposal to repeal the accessory apartment zoning ordinance for the Town of Monroe and replace it with a new accessory apartment zoning law.
The last amendment to the current accessory apartment law occurred in 2000 and since then this have been significant impacts to the environment and community character in the Town of Monroe, resulting from the allowance by right of accessory apartments in one-family detached residences in all residential zoning districts.
The MCC reviewed the draft amendments and Full Environmental Assessment Forms associated with the proposed repeal and amendment and recommends that the Town Board immediately act to remove the definition of accessory apartments from the zoning code and repeal Section 57-21; and, during the current Building Moratorium, conduct additional research or investigation to fully respond to the fundamental changes to existing land use and the potential impacts upon future laud use resulting from the implementation of providing for accessory apartments in detached single-family dwellings.
Significant portions of the Assessment are silent regarding proposed or potential housing development impacts to the environment resulting from the requirements for additional parking, population density, traffic and housing supply and demand.
Implementation of accessory apartment use ought to be predicated on sound population and land use data and address a specific need identified through analysis and public input.
The challenge related to the provision of accessory apartments concerns the overall goal and objective.
The Commission does not fully agree that the purpose and intent stated in the ordinance is to "provide an opportunity for the development of small rental housing units designed to meet the special housing needs of senior citizens, single persons and small households" and urges the Town Board to restrict occupancy to relatives of the homeowner related by blood, marriage or adoption.
Eligibility could also be expanded to include caregivers, domestic employees and senior citizens or households with a disabled member.
According to American Community Survey for 2015, U.S. Census American Fact Finder, there are an estimated 7,000 owner occupied housing units in the Town of Monroe.
It is likely as many as 5,000 of these housing units are single family detached residential dwelling units and granting special use permits for as many as fifty percent (50 percent) of these would represent a significant number of additional housing units and requires additional research and investigation prior to allowing accessory apartments in all single-family detached residential dwelling units in all residential zoning districts.
The Commission recognizes the importance of providing through special use permit separate private living space; however, we are not convinced either existing law or the proposed amendment fully address the purpose and need or the environmental impact and detriment to community character occasioned by the dilemma of the Town's current accessory apartment zoning ordinance.
It can be stated that there is potential for encroachment of development activities into stream corridors or wetlands to produce suitable parking.
Additionally, an over-abundance of accessory apartments could cause a public and private nuisance, degrade the natural environment, and cause harm to the public health, safety and welfare.
The Town of Monroe Accessory Apartment Law was adopted in recognition of the relief Monroe families sought to provide safe, clean and decent affordable housing opportunities for household members, parents and relatives.
It is the opinion on the Town of Monroe Conservation Commission that the proposed amendment does not correct or address significant issues associated with the need to refine, redefine and rewrite the accessory apartment zoning ordinance.
John Ebert
On behalf of the Monroe Conservation Commission