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05/17/2022 02:04 PM

PZC Votes to Opt Out of State’s Accessory Housing Regs


The Planning & Zoning Commission (PZC) has chosen to opt out of two new state regulations that would have allowed North Haven property owners to add accessory apartments to their properties regardless of current zoning limitations and would limit the town’s ability to mandate minimum parking spaces for such apartments. In discussion before the unanimous vote, commission members expressed a desire to revise their own accessory apartment regulations to accomplish the goal of increasing housing.

The state has set a goal of 10 percent affordable housing units in each municipality; North Haven has approximately six percent if its housing categorized as affordable. As accessory apartments are one way to potentially increase availability of affordable housing, the state’s Public Act No. 21-29 among other things allow accessory apartment as a right unless the individual town’s zoning authority votes by a minimum two-thirds vote to opt out of the regulation. Apartments added under the regulation would be considered affordable only if deed-restricted to an affordable rate for 10 years.

Under Public Act No. 21-29, a town cannot require more than one parking space for a studio or one-bedroom unit or more than two parking spaces for a dwelling unit with two or more bedrooms.

In their deliberations, commission members said they saw benefits from increasing accessory uses, but not under the state’s blanket regulation.

“If it had helped our affordable issue, I’d be sitting in a different place, but it clearly does not,” said commission member Theresa Ranciato-Viele. “I clearly see places in town where it would work, but we as a town with having our own regulation can’t have control over it...Our current zoning allows for in-law apartments, so I don’t think that would help us.”

In voting to opt out of the accessory apartment regulation, the PZC noted the town already allows in-law apartments and said the state regulation would not improve North Haven’s affordable housing situation, but would affect some communities’ integrity and would place undue limitation on the PZC to act.

In voting to opt out of the parking regulation, the PZC noted the state regulation conflicts with existing regulations and in some cases conflicts with expert opinion, could affect certain neighborhoods in a negative way by forcing excessive on-street parking, especially where there are no sidewalks, and could create challenges for emergency services.

In a public hearing preceding the vote, resident and local landlord Rick Basset spoke in favor of following the state regulations.

“The town has no valid reason whatsoever to opt out,” Bassett stated. “The act was put in place to alleviate the acute shortage of housing in Connecticut—not just affordable housing, but all housing. North Haven of course has an acute shortage of housing, especially affordable housing.”

Bassett listed several benefits he believed would result under the state regulations, including increased property value, increased housing stock, and increased town revenue from building fees and taxes.

“Let’s seize on this opportunity to do something good for the property owners of North Haven rather than protecting the status quo of our broken zoning regs,” Bassett said.

Speaking to support a PZC opt-out from the state regulations, resident Thomas White cited concerns about possible effects the character of the residential zones and public health and safety issues created by the parking regulation. He said he was not totally opposed to the concepts but wanted the PZC to make town-specific regulations.

Resident Joseph DiMartino, speaking in favor of opting out, said the state regulations were part of a larger movement against suburbs and expressed concern about an organization called Desegregate Connecticut, saying it was “trying to shove low-income housing down our throats.”

Desegregate Connecticut says on its website that it is “pro-homes coalition of neighbors and nonprofits ...[trying to] leverage original research and grassroots organizing in service of public education and policy change at both the state and local levels.”

The PZC vote moves the final decision to the Board of Selectmen. That board’s next regular meeting is on Thursday, June 2.