Southold officials propose ADU changes

An amendment to Southold Town’s zoning code regarding accessory apartments, also known as ADUs, is subject to public hearing Tuesday, May 13, at 7 p.m. 

Notable changes in the proposed new law include an extended minimum rental permit duration, the elimination of the three-year prerequisite to hold a certificate of occupancy and an added stipulation that rental permits are nontransferable.

“The covenants and restrictions shall include terms and conditions deemed necessary by the Zoning Board of Appeals to ensure that: the accessory apartment shall only be rented to [ADU-eligible parties],” the proposed law states. “[And] the special exception approval and resulting rental permit are nontransferable, and any future owner must reapply for the permit.”

The provision stipulating that the ADU must be leased for a minimum of two or more years is a change from the current minimum of one or more years. The addition of the two-year lease minimum will require less paperwork, a change Southold Town Supervisor Al Krupski believes will make it easier for ADU owners to maintain their units’ eligibility.

Regardless of whether or not the proposed changes go through, the original law stating that one of the dwelling units “should be for the sole, exclusive occupancy of the owner or family member” remains in effect.

Owners of approved units will be able to rent them to family members or other Southold residents on the town’s Affordable Housing Registry, also according to the existing law.

ADU developers may also have to file a form approved by the town attorney with the Suffolk County Clerk’s office if the amendment is approved.

“Accessory dwelling is really a special use, and it’s not just another house — whether it’s separate or part of the house itself,” Mr. Krupski said.