In order to uphold the integrity of the Building Zone Ordinance
of the Town of Hempstead, a Board of Architectural Review shall be
established with the responsibility of reviewing plans of proposed
mother-daughter residences and recommending their suitability for
mother-daughter use.
For the purpose of this ordinance, the terms used herein are
defined as follows:
MOTHER-DAUGHTER RESIDENCE
A one-family home or residence constructed or altered to
include a second kitchen for the sole use by the children or parents
of the fee resident owner of said one-family home or residence.
TOWN BOARD
The Town Board of the Town of Hempstead.
The Board of Architectural Review shall consider all applications
for mother-daughter use and determine whether the residence falls
within the concept of the mother-daughter use or whether it is a two-family
residence. The following are to be considered, among others, in determining
whether the house is acceptable for mother-daughter use:
A. Ingress and egress to the residence.
B. The number of meters, doorbells and mailboxes.
C. The area in the vicinity of the lower portion of the inner stairway
leading to the second floor.
E. The restorability of the mother-daughter residence to the exclusive
use as a one-family dwelling.
F. Outside stairways leading down from the second floor to the ground.
G. Any other considerations which the Board may deem appropriate in
keeping with the intent of the Board of Architectural Review.
The Board of Architectural Review hereinafter called the "Review
Board" is hereby created consisting of three members: the Commissioner
of Buildings or his designee, the Town Engineer or his designee and
a designee appointed by the supervisor. All are subject to the confirmation
of the Town Board and shall serve at the pleasure of the Town Board.
All members shall be residents of the Town of Hempstead.
If a vacancy shall occur it shall be filled in the same manner
as the original appointment.
The members of the Review Board shall designate from among themselves
a Chairman and a Secretary.
The Review Board shall adopt rules of procedure as it may deem
necessary to the proper exercise of its function as an architectural
review board subject to the approval of the Town Board.
Every recommendation of the Review Board shall be by resolution
and shall contain findings of fact setting out the reason for the
Review Board's action in each case; and the Review Board shall forward
a copy of the resolution to the Department of Buildings to be included
in the records and file of that department.
The Review Board may employ the services of a registered architect
or registered professional engineer to advise the Review Board in
consideration of the applications for a mother-daughter use. He shall
not be a member of the Review Board and shall not have a vote. The
Review Board shall fix the compensation of such registered architect
subject to the approval of the Town Board. The members of the Review
Board shall receive no compensation for their services but shall be
allowed the necessary traveling and other expenses subject to review
of the Town Board.
Every application for mother-daughter use shall be referred
to the Review Board by the Building Department for consideration.
Preliminary plans, sketches and all other papers submitted to the
Building Department in conjunction with the application for mother-daughter
use shall be forwarded to the Review Board.
The Board of Zoning Appeals shall not hear and decide a mother-daughter
application until said application has been reviewed by the Review
Board.