An application for a special permit for an accessory apartment is to be obtained from the Building Division. The completed
application paperwork and the application fee are to be submitted IN PERSON to the Accessory Apartment Review Board in the
Building Division:
A. APPLICATION signed and notarized.
B. FIVE SETS of FLOOR PLANS of the ENTIRE HOUSE. Plans are to show rooms and their sizes, as well as
ceiling heights (1
st
sty, 2
nd
sty, basement/cellar), size of all doors; windows must show clear opening size for
emergency egress (see diagram on how measurements should be taken). All rooms are to be labeled. PLANS
TO BE REVIEWED BY PLANS EXAMINER PRIOR TO APPLICATION.
C. TWO COPIES of your property SURVEY to SCALE
D. Copy of all pages of your RECORDED DEED.
E. PAAL OWNER AFFIDAVIT
F. FEE of $150. If paying by check, it is payable to the Town of Brookhaven.
G. Copies of all CERTIFICATE(S) OF OCCUPANCY issued for the subject premises.
H. DISCLOSURE AFFIDAVIT
I. PICTURES of house from front, rear, and sides as well as rear yard & front yard including driveway.
J. CERTIFICATION OF STRUCTURES FORM
K. Copy of Notice of Proposed Application sent to all adjacent and contiguous property owners by certified mail-
return receipt requested. Property owners and their addresses must be obtained from the Assessor’s Office, One
Independence Hill, Farmingville, New York 11738. FORMS NOT AVAILABLE ON LINE
L. Affidavit of Mailing listing all adjacent and contiguous property owners as provided by the Assessor’s Office.
FORMS NOT AVAILABLE ON LINE
M. Green receipts, white receipts and undelivered envelopes (if any) from the certificate mailing of the notices.
N. If and when your accessory apartment application is approved, a BUILDING PERMIT MUST BE OBTAINED
by the applicant for the work to be done and/or the change of use to an accessory apartment.
The following are some of the requirements that must be met (time shall be allotted) in order to grant temporary
Certificate of Occupancy for an accessory apartment:
• The house must be owner-occupied.
• The premises of the applicant must have one on-site paved (asphalt or concrete) parking space
per dwelling unit. Each parking space must have independent access to the roadway.
• The accessory apartment minimum size is 300 square feet and the maximum size is 40% of the
total house habitable area, not to exceed 650 square feet. (See 85-201.B(3) for larger
accessory apartment sizes under extenuating circumstances.)
• There shall be no more than one bedroom per accessory apartment. There shall be no more
than one accessory apartment per lot.
• The dwelling and premises must comply with all applicable requirements of the New York
State Uniform Fire Prevention and Building Code and the Brookhaven Town Code.
• Cellar apartments are permitted under certain circumstances, or with a variance from the N.Y.
State Board of Review.
Upon receipt of the completed application, the Building Division will inspect the dwelling and premises, review the application
and make recommendations to the Accessory Apartment Review Board. The Accessory Apartment Review Board will inform the
applicant of such item(s) (if any) that must be complied with to bring the dwelling and/or premises up to State and Town codes.
All such requirements must be met within 90 days from the date the building permit is issued.
A public hearing shall be held for each accessory apartment application before the Accessory Apartment Review Board. The date
for the public hearing shall be set and the public shall be notified of such hearing in an official newspaper at least 5 days prior to
the hearing. Applicants must notify all adjacent and contiguous property owners at least 12 days prior to such public hearing by
certified mail-return receipt requested. All such notices will be provided to the applicant by the Building Division. All applicants
must be present at their public hearing.
For further information, call (45l-6342) Monday through Friday, 9a.m.-4:30 p.m. or visit the Building Division Monday through
Friday 9a.m.-4:30p.m