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Guilderland adopts local law to allow accessory dwelling units with owner-occupancy requirement
Summary
The Guilderland Town Board adopted Local Law No. 4 to add accessory dwelling units (ADUs) to the zoning code, limiting ADUs to one per single‑family lot, capping size and bedrooms, and requiring owner-occupancy and a deed notice filed with the county.
The Guilderland Town Board on June 16 adopted Local Law No. 4 amending Chapter 280 (Zoning) to permit accessory dwelling units (ADUs) on single-family lots while deleting prior "family apartment" provisions.
The law, adopted unanimously after a public hearing, sets ADU limits including no more than one ADU per property, a maximum size equal to 40% of the primary dwelling or 1,000 square feet (whichever is less), and a maximum of two bedrooms and one kitchen. It requires the lot owner to occupy one of the two dwelling units, to record a deed notice in the Albany County Clerk's Office, and prohibits separate sale or subdivision of the ADU from the primary dwelling.
Supervisor Peter Barber opened the public hearing and moved to adopt the local law after members of the public spoke in favor. Sandra Dollard, Executive Director of the Guilderland Chamber of Commerce, told the board she supported the proposal but asked that ADUs be limited to resident homeowners and that the homeowner remain on-site so "large corporations" do not convert homes into short‑term rentals. County Legislator Jeff Perlee said the change would "enable first‑time homebuyers to enter the market" and help families who need an on‑site caregiver.
The ADU regulations also address design and safety: units must be within a permanent structure on a permanent foundation, have separate, clearly marked entrances for safety and mail service, and meet local and state building codes. Utilities must provide permanent, approved water, sewer and electrical service; if systems are private, a professional engineer must certify adequacy. The law requires inspections prior to permit issuance and annual inspections thereafter; certificate‑of‑occupancy records must identify the approved ADU and its floor area.
Parking and tax classification changes are included: lots with an ADU must provide the minimum off‑street parking for a single‑family dwelling plus two spaces, and the assessor will change the tax classification upon approval. The Town Board declared the action an Unlisted Action under SEQRA and issued a negative declaration, finding no significant environmental impact.
The motion to adopt (Motion #121) carried on a roll call vote with Councilmen Crawford, Santos and McDonald and Councilwoman Beedle and Supervisor Barber recorded as voting Aye. The local law becomes effective upon filing with the New York State Secretary of State.
