NASSAU COUNTY CIVIC ASSOCIATION, INC.

"The government is us, we are the government, you and I." Teddy Roosevelt

 

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September 23, 2008

The Battle over accessory apartments

The people prevailed!

When people place their trust in local government, there is an expectation of honesty in their relationship. As government on the town level is closer to the people then government on the county and state level, the adage "all politics are local" would strongly apply. Apparently the Town of North Hempstead failed to appreciate this concept. Instead of dealing with the direct cause of unaffordable housing; excessive taxation, the town tired to sneak through a change in the zoning code to legalize accessory apartments under the guise of affordable housing. The zoning change passed without opposition. In under-estimating the people of North Hempstead, the town's act of deception helped unite a community and their desire for open, honest and moral government.

On July 29th, the North Hempstead Town Board voted unanimously to legalize accessory apartments. The change modified the current mother-daughter ordinance and allowed up to three unrelated parties to rent an apartment in a single family dwelling. Opponents of the change stated that the legislation was hidden from the public as the town board agenda only noted a change to the "Mother-Daughter Residence" zoning but did not specifically mention the legalization of accessory apartments. Also breaking from prior protocol, the town scheduled the public hearing, the debate and vote all on the same day denying residents the opportunity to be heard. Over 300 angry residents appeared at the August 19 town board meeting in Manhasset and voiced their opposition to the zoning change demanding its repeal. This outcry apparently made an impression on the town board. 

Councilman Angelo P. Ferrara announced that he will move to repeal the zoning change; “The resident’s voices have been heard loud and clear. My office has been flooded by phone calls and emails over the past weeks from people who want this reversed. This is in addition to the hundreds of residents that attended our Town Board meeting on Tuesday evening. The government’s job is to listen to its people and that is exactly what we are going to do.” He added, “We have always committed ourselves to doing what is best for our constituents. And I will be pushing to have this abolished as quickly as possible. I have spoken with my colleagues on the board as well as the supervisor who are in basic agreement that this is the best way to proceed.”

The push for accessory apartments actually began back in 2006 during a meeting between Supervisor Jon Kaiman and the Unitarian Universalist Congregation at Shelter Rock (UUCSR). At that time, the idea of incorporating accessory apartments under the existing mother-daughter provision was considered. In order to  advance their agenda, the UUCSR agreed to fund a research report via their Veatch Foundation. The basis of the report was to assist the Town's legal dept in drafting the actual ordinance. In August of 2006, the completed  report was provided to the town. With the help of the liberal Long Island Progressive coalition, the UUCSR  promoted the zoning change under the banner of affordable housing.

What is interesting is the concept of affordable housing. The very reason housing on Long Island is not affordable is the  excessive level of taxation at every level of government. It's obvious that the tax burden effects the cost of living. In order to change this dynamic, tax reduction must be the priority. Even the Long Progressive Coalition acknowledges this fact on their website, "The school tax burden has literally forced people out of their homes, forced seniors to choose between their prescription drugs and their tax bills, and has kept many low income families from being able to purchase a home or find a decent affordable rental unit."  - LI Progressive Coalition/Affordable Housing

It was clear to North Hempstead residents that they had to make their voices heard. The battle to repeal the zoning change had to continue until the town actually voted to repeal the ordinance. Its not what your elected leaders say but how they actually vote. The vote to legalize accessory apartments had the potential to encourage other towns on Long Island to  follow suit. It was apparent that the zoning change had to be defeated.

During the public meeting of September 16th, more then seven hundred fifty angry residents packed the auditorium of New Hyde Park High School to demand that the Town of Hempstead repeal the law legalizing accessory apartments. At the start of the meeting, Supervisor Jon Kaiman acknowledged that he and the board were wrong to pass the legislation. He vowed that the legislation will be repealed at the next board meeting scheduled for September 22, 2008 in Manhasset. After his comments, a public comment session was allowed where more then fifty people spoke out against the town's deception.  Dozens of speakers were still lined up to speak at 9:30pm. Many of the residents criticized the undemocratic manner in which the legislation was passed, higher school taxes due to increased enrollment, congestion, parking issues and the change to the building code. Other related issues town residents addressed were enforcement of the town's building code, tax cuts to make housing affordable, televising town meetings, and calls to vote out the entire town board and supervisor. A member of the Nassau County Civic Association also spoke out against the town's effort to sneak the legislation through and asked the town to post their line item budget on their website consistent with the concept of open, honest and moral government. After encouragement from the audience, Supervisor Kaiman stated that the town will post the budget on their website.

On Sept 22nd, the town board voted unanimously to repeal the law. The people prevailed!

We would like to thank Jim McHugh, Bill Maddox and the People of North Hempstead for all of their hard work in their effort to repeal this legislation.

*The auditorium had 660 seats which were filled and more then 100 people lined the entrances/hallways.