Greenwich Seeks Local Control Over Accessory Dwelling Units

GREENWICH, CT — Citing the desire to maintain local zoning control, the town of Greenwich is seeking to opt out of a state policy which officials say establishes default provisions that allow single-family homeowners to build or convert structures on their property into accessory dwelling units.

Katie DeLuca, Greenwich's head of planning and zoning, went before the Board of Selectmen on Thursday asking for a vote to proceed with the opt-out.

Connecticut Municipalities have until Jan. 1, 2023 to opt out of Public Act 21-29, but doing so requires a two-thirds vote from their legislative bodies.

DeLuca said the item is set to go before the Representative Town Meeting in September.

First Selectman Fred Camillo, an advocate for maintaining local zoning control and avoiding a "one size fits all" approach, said he was ready to vote Thursday.

Selectwoman Lauren Rabin and Selectperson Janet Stone McGuigan indicated similar support, but said they wanted to wait for a second-read of the agenda item before they vote.

The next regularly scheduled Board of Selectmen meeting is Aug. 11.

An accessory dwelling unit, also known as an accessory apartment or even "granny flat" or "in-law apartment," is classified as a separate unit located on the same lot of a principal dwelling unit of greater square footage, and also has cooking facilities.

These units can be detached or attached to another building, in the basement, above an existing garage, or even the garage itself.

DeLuca explained that the legislation, which went into effect Jan. 1, 2021, standardizes requirements for accessory dwelling units throughout the state.

The legislation also places limits or restrictions on other conditions of approval, including but not limited to familial occupancy, as of right processing, unit size and requiring the unit be affordable, DeLuca said.

"While the new law appears designed to provide for increased housing opportunities in all Connecticut municipalities, which is commendable, we are best-positioned to address the housing needs of our residents and create regulations based on our own local demographics, housing conditions and economic circumstances," DeLuca told the selectmen, noting that Greenwich's regulations offer flexibility and diversity of housing options for residents.

The town's regulations also "have the potential to significantly increase our housing affordability and enable seniors to stay in town as they age," DeLuca said, which are goals of Greenwich's 2019 Plan of Conservation and Development.

DeLuca said Greenwich has had as of right accessory apartment regulations on the books that substantially comply with new law for the last 40 years, but the town differs in a couple areas from Public Act 21-29.

The first area is parking. The legislation restricts the parking requirement to no more than one parking space for each studio or one-bedroom dwelling unit, or more than two parking spaces for each dwelling unit with two or more bedrooms, DeLuca said.

"Our local regulations are based on the overall bedroom count, and would require slightly more than the state law," DeLuca said. "It's important we retain our own local regulations to reflect the low availability of on-street parking in much of the town, particularly where we have narrow streets in higher-density zones."

Parking vehicles on-site also reduces traffic congestion and increases safety.

"The second area we differ is the state statutes require that no accessory apartment should be required to be an affordable unit," DeLuca added. "Greenwich allows accessory apartments as of right as long as they are occupied by tenants who are senior or disabled or affordable, meaning to people earning 80 percent or below local state area median income."

The Planning & Zoning Commission discussed accessory dwelling units and the legislation at its July 19 meeting, and DeLuca reported no objection to opting out.

Both Camillo and DeLuca said they've heard no objection from RTM members as well.

Towns like Westport, Wilton and Fairfield will opt out, and Darien is expected to ditch the policy, too, along with others around the state.

Greenwich Planning and Zoning will also have a required public hearing on the matter at 10 a.m. on Aug. 5.