Beacon council continues hearing on accessory-apartment rule changes after residents raise parking and enforcement concerns

The City of Beacon Common Council on June 2 continued a public hearing on a proposed amendment to the zoning code that would streamline the process for accessory apartments (ADUs), clarify size limits and remove a required off-street parking mandate.

City staff described the proposed edits as aimed at “streamlin[ing] the process for accessory apartments and… add[ing] some consistency to it and remove some of the… barriers,” according to a staff member who summarized the draft local law for the council.

The proposed changes would remove the adjectives “small” and “rental” from the accessory-apartment definition, require newly constructed accessory-apartment buildings to sit at or behind the front line of the principal single-family dwelling, and make any accessory apartment larger than 1,000 square feet subject to site-plan approval. The draft also states that the local code would not require a specific number of off-street parking spaces for accessory apartments.

Public commenters urged the council to address parking, enforce owner-occupancy rules and consider how lenders treat converted two-family properties. One resident argued that the city should allow a conversion that qualifies for a two-family mortgage but require parking when that mortgageability is sought, saying, “All you have to do is say something simple like, if an accessory apartment is to be designated as a second unit within a 1 family, now 2 family unit, the parking shall be required.”

An online commenter who identified themself as McCall said they generally support steps toward affordability but warned the draft does not guarantee units will be affordable and questioned the city’s capacity to enforce owner-occupancy rules: “I generally support the idea of, any ideas for affordability, but I'm concerned that the way you have the legislation written at the moment, it doesn't guarantee that the units will be affordable at all… I'm very concerned about how the owner occupancy will be enforced.”

City staff provided data cited in the packet: Dutchess County’s planning data showing 3,201 single-family dwellings in Beacon, with home sizes ranging from about 330 square feet to roughly 6,580 square feet; 12% of homes are under 1,000 square feet, 60% under 1,500 square feet and roughly 85% under 2,000 square feet. Staff said the 1,000-square-foot site-plan threshold reflects the current maximum size under existing regulations and county survey recommendations.

After discussion, the council voted to continue the public hearing to the council’s June 16 meeting to allow further review and possible workshop discussion. Councilmember Molly offered the motion to continue; Councilmember Amber seconded, and the motion carried unanimously.

Council members and staff said if substantive changes are made after the hearing is closed, the law may need to be renoticed and reopened for public comment. Staff also noted outstanding questions about how accessory units are identified in the assessor’s records and whether they appear on parcel access records, which could affect enforcement and public transparency.

The hearing will resume June 16; the public packet and the proposed local law (with edits highlighted) remain available in the council’s meeting materials.