Friday, February 7, 2025

Hudson and ADUs

Last year, RUPCO offered a grant program called "Columbia County Plus One ADU." It provided grants of up to $125,000 to help low to moderate income homeowners in Columbia County construct or rehab accessory dwelling units (ADUs). 


There were income caps for those applying for the grants and the requirement that ADUs be permitted by right in local zoning laws. The information provided here about the grant program suggests these possible uses for an ADU.
  • Enable family members (including family caregivers) to reside on the same property while having their own living spaces.
  • Provide housing for a hired caregiver.
  • Provide rental income to homeowners.
  • Help older residents remain independent and "age in place."
  • Provide an adaptable form of housing; ADUs provide flexible solutions for changing needs.
The application deadline for this program was December 13, 2024, but at its meeting last Wednesday, the Common Council Legal Committee took up the issue of ADUs in Hudson, discussing what zoning changes would be needed to facilitate their construction in Hudson and what restrictions should be placed on their use.

It seems to me, as someone who has observed the Planning Board and the Zoning Board of Appeals for decades, that all that is needed to make it easier to create an ADU is to reduce the requirements for rear and side setbacks and increase the permitted lot coverage. RUPCO's examples of ADUs show a detached structure beside the existing structure, but Hudson's zoning law should probably require that detached ADUs be located at the back of a property, behind the existing structure.


The question was raised at the Legal Committee meeting if Hudson should prohibit using an ADU as a short-term rental (STR). It should be noted that the RUPCO grant program made no restrictions on how the ADU could be rented but only suggested that rental income—whether it was long term or short termcould help the property owner meet the ever increasing burden of homeownershipmortgage payments, property taxes, insurance, and maintenance.  

Councilmember Vicky Daskaloudi (Fifth Ward) expressed one concern about ADUs: "We can't afford to have people erecting ugly things around the city." For much of the city, those areas that are locally designated historic districts, review by the Historic Preservation Commission might prevent the construction of "ugly things."


For the rest of the city, requiring that ADUs be located at the back of the property, behind the principal structure, would have to be sufficient.
COPYRIGHT 2025 CAROLE OSTERINK

15 comments:

  1. I agree with Carole’s assessment, if we want to make building ADUs easier, then the zoning code should be amended so that they can be built as a right without having to get a zoning variance for the needed adjustments to setbacks and lot coverage that the current outdated code does not automatically permit. Example, current code requires setbacks of 15’ from each side neighborhood lot line, so if the average Hudson grid lot width is 30’, nothing can be built without a variance… ADU, tool shed, garage, kitchen extension… anything. That being said, the zoning board is pretty accommodating granting these variances, especially when a new structure, like an ADU, is similar in size to existing structures in the area, like alley carriage houses, that have existed before current code.

    If the goal is to encourage people to build ADUs then changing the law to require planning board approval would do exactly the opposite of that. The planning board could delay your project for over a year and add significant additional costs like paying your designers for multiple revisions based on the current whims of the board, as well having to fund their escrow account to pay for their lawyers and engineers to endlessly nit pick your product on your dime.

    Furthermore, I don’t see how the city can determine what you do with your ADU. They can’t tell you what to cook in the new kitchen you renovated. As long as it’s up to building code for occupancy, you should be able to use it to house guests, renters, your mother-in-law, if you can stand it. If you’re getting a grant or tax credit to assist your financing, then sure, those entities can require restrictions based on their goals. But if homeowners are using their own money, paying full property and lodging taxes, they should be able to do as they see fit under current law.

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  2. I was told when this was first announced that Hudson wasn't included. Is this still the case?

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    1. I am not aware that Hudson was specifically excluded from the RUPCO grant program, but the requirement that ADUs be permitted by right would have prevented Hudsonians from applying. Area variances would be required to build an ADU in Hudson. Whatever was the case, the program is over now. If it will happen again is something I don't know.

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  3. Hello Thomas. Thank you for this information. We have been approved by the Zoning & Historical to build an ADU on Partition street behind our residence. Do you happen to know what is considered short-term rental? And, do you know when the third round of funding will be available? We plan on starting in the Spring, so the time line may not work?

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  4. Hi Thomas. Is it true that permitting or variances would need to be in place before receiving the grant? When is the third round applications starting? Thanks!

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    1. I read a lot of local news and am connected to the city of hudson announcement system and I have not heard of the second and third round funding applications. I'd be curious to see who is receiving these grants and how they are connected to local government.

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    2. Sorry if I sound like a dummy. Are you saying RUPCO has applied for the third round of funding and that deadline was last month and individuals can apply to RUPCO if the funding is approved or individuals needed to apply by the end of last month and the deadline is passed? Thank you.

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    3. Let me try. The deadline for homeowners to apply to ADU funding in Round 2 was December 13, 2024. There is to be a Round 3, and RUPCO has applied to NYS to administer the funds in Round 3. That application for Round 3 was due sometime in January. The deadline for homeowners to apply for funding in Round 3 has not yet been announced.

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  5. It might help you to know that before Daskaloudi made the statement that was quoted she said, "We have a historic city. Aesthetically they have to be pleasing."

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  6. Thank you Thomas. I will keep checking the website. Maybe grants will still be available even if the building of the ADU has started? Between the Zoning & Historical Preservation it took 6 months to get final approval, so we want to get moving as soon as the weather allows.

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  7. As Carole pointed out in the article, HPC takes care of that anyway. If Daskaloudi is that concerned about it she could work to designate her own ward as a district, which I believe is only ward without some part of one.

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  8. Sadly, I’m not sure anyone who could afford to finance a new ADU build in Hudson would qualify for these type of programs.

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  9. Indeed, they do. They wanted all the details from types of windows, siding, light fixtures, etc. It took a couple of presentations to get it all approved.

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  10. What I’m saying is that, per usual, the middle class will fall in the doughnut hole of government support. You need below average income to get these grants, and if you’re rich you can fund local electeds and nonprofits to push for larger grants, cheap city land to develop on, and pilots to pad your margins. Middle class people get nothing. For which, fine ok, we’ll put a second mortgage on our house to add an ADU and happy pay the increased property taxes when the building permit gets closed and sent straight to the assessor’s inbox.

    We’re not asking for handouts, all we ask is for the city to get their foot off our necks and not threaten planning board bureaucracy or telling us how we can use our own property or who we can rent to.

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