A problem with new home construction in the Town of North Hempstead has resulted in the decision to overhaul the town's building code. According to the town's planning commissioner, Michael Levine, the town's attention was drawn to the problem last year when residents in the Allenwood section of Great Neck complained the the town that a number of builders were demolishing older homes and replacing them with much larger ones which frequently dwarfed the surrounding homes. The solution for Allenwood was to upzone the area from Residence B to Residence A. At present a house in a Residence B area requires a lot minimum of 6000 square feet while Residence A calls for a lot of 8500 square feet. Residence C permits building on 5000 square feet.

Upzoning proved to be the solution for Allenwood but Commissioner Levine said, in an interview with this paper, that a more thorough revision of the zoning regulations was called for.

On July 27, the town board began to consider the proposed changes to the code but it was obvious that further hearings would be necessary. In fact, Commissioner Levine said that four hearings were held before the town developed its policy on senior housing and that the zoning revisions would probably require at least that many. "It's a big constituency," he said, "with strong opinions in all directions, but we have to begin somewhere."

In an Aug. 2 letter that was sent to civic associations, builders and members of the public known to be interested in the issue, Commissioner Levine wrote: "The principal changes (to the zoning code) are a reduction in total height, an increase in required side yard setbacks; a limit on impervious surfaces in front yards; a limitation on underground garages, and replacement of the existing floor area ration standards with sky exposure plane regulations. We have also replaced the term 'building area' with 'lot coverage' so that it is clear that the term applies to the building footprint (the term 'building area' can be misconstrued to mean the sum of multiple floors). The specific dimensional changes are different for each zoning district."

At the July 27 meeting, Commissioner Levine explained that the difficulties have arisen when the building takes place in a mature community. "Over time the market changes," he said, "and where there is a pre-World War II house of 1500 square feet with three bedrooms that may have been marketable then, the market demand now is for five and six bedroom houses, some of them exceeding 5000 square feet. There is a jarring effect on community character when one of these is spotted in the middle of the developed neighborhood."

At the meeting and since the meeting local residents have expressed concern as to the specifics of the new proposals. Whereas come have commented that the changes would make it difficult for a homeowner to add to an existing residence, others are worried that the revised code with not be sufficiently restrictive, especially in Residence C. Mr. James McHugh of New Hyde Park, president of the Park Civic Association, asked for a mailing to his civic association that would be specific as to the proposed changes. "I'm being told that it's not going to be very restrictive in Residential C, which is most of New Hyde Park, and I'd like to see,specifically, how it's going to affect our Residential C. There seems to be a lot of emphasis on the other residential districts. We're getting knockdowns and rebuilds and we're getting monster houses that are being shoved into lot sizes basically eliminating back yards."

Tina Takoor of the General Council of Homeowners Association of Port Washington agreed. "I want Mr. Levine to give us new definitions," she said, "because whenever I look at the code book, the definitions just blow my mind...The other thing that I would like to say is that along with getting new codes, I think we should have new procedures, new policies about how we're going to implement these codes and how we're going to enforce them."

Lorraine Knowles of Manhasset expressed her concern that a homeowner in an older home might not be permitted to add a room for an elderly parent, for example, or for a live-in nanny. Commissioner Levine has said that it is not the intention of the town to inhibit such building.

Supervisor May Newburger stated, at the July 27 meting, that the town code really needs to be revised. "It's an enormous, enormous job," she said. "It's something we would like to look forward to doing. We spent the first year, certainly of my administration, getting ourselves out of debt and trying to put the town on that kind of fiscal basis but one of the things we look forward to, even though it's also a monumentally expensive and lengthy thing, is to revise the code. It needs to be done."

Copies of the full draft legislation are available upon request at the planning department in Town Hall. The public hearing will be continued on Aug. 31 in the town board room of Town Hall. You may provide your comments either in person at the hearing or in writing prior to that date. Commissioner Levine can be reached at (516) 869-7753.