Board Modifies 'McMansion' Law

The original idea behind implementing a floor to area ratio law was to halt homeowners from building or expanding their homes to a size that it overshadowed surrounding homes and disturbed the historic fabric of the community.

Though the law was passed with good intentions, the board soon found out that  even small renovations to houses on average lot sizes in Rockville Centre violated the law, and dozens of residents were forced to seek variances from the Board of Zoning Appeals to complete their renovations.

FAR (floor to area ratio) is the ratio of the square feet of a home — excluding attics, cellars and attached garages — compared to its lot size. Current code stated that no matter the size of a lot a home is on, its FAR cannot be more than 40 percent of the lot size.

For example, a home on an 8,000 square-foot lot could not expand more than 40 percent of its FAR, which would measure an additional 3,200 square feet.

"This law was put in place to protect against the building of McMansions," Trustee Michael Sepe said at a recent board meeting. "The emerging consensus is that this doesn't make sense," he said. "Can it be fairer?

Bob Schenone, chairman of the Board of Zoning Appeals, said at a board meeting in October that he had three cases for modest extensions that are more than 40 percent FAR, but the code prohibits it. "When you look at the plans, it's not that bad," he said. "It's causing homeowners problems."

After weeks of discussions and two public hearings, the board decided to change the floor-to-area ratio (FAR) for lots less than and larger than 7,200 square feet. The new law states that homes on lots of 7,200 square feet or less can have an FAR of 50 percent, and for homes on lots larger than that, can have an FAR of 42 percent.

Rich McQuillan, a real estate agent from Links Real Estate Group in RVC, said at an October board meeting that the old code scared away potential buyers who wanted to purchase homes and add a bedroom or den, and because of it, took their business to other villages that don't have floor to area ratio laws in their building codes.