Greenwich Seeks to Opt Out of New State Law’s Parking Requirement for ADUs

Greenwich seeks to opt out of two aspects of a new state law concerning accessory dwelling units, ADUs for short.

The law is Connecticut Public Act 21-29 (also known as HB 6107). It went into effect on Jan 1, 2022.

Greenwich Town Planner Katie DeLuca went before the Board of Selectmen on Thursday seeking their approval.

The law establishes default provisions that allow for the construction of ADUs on lots with single family homes…unless the town opts out prior to Jan 1, 2023.

The units, also referred to sometimes as Granny Flats, can be detached or attached from the principal dwelling.

The law says towns can not set a parking requirement greater than 1 parking space for each studio or one bedroom, or no more than 2 parking spaces for each unit with 2+ bedrooms.

Greenwich’s local regs require more off street parking, and calculate the requirement based on the overall bedroom count.

DeLuca explained that the town wants to maintain the existing, higher parking requirement to reflect limited on street parking, especially where streets are narrow and in high density zones and traffic can get congested.

A second area where town seeks to opt out is that no ADU is required to be affordable.

DeLuca noted that prior to this law, Greenwich already allowed accessory apartment for the past 40 years.

She said Greenwich already allowed accessory apartments, as of right, as long as they are occupied by tenants who are senior (*age 62+) or disabled, or affordable, meaning to people earning 80% or below of local state area median income.

DeLuca noted that the elderly person can live either in the main house or the ADU, giving additional flexibility.

“While the new state law appears designed to provide for increased housing opportunities in all CT municipalities, which is commendable, we are best positioned to address the housing needs of our own residents and create regulations based on our own demographic, housing conditions and economic circumstances,” DeLuca said.

“Specifically, our regulations allow for greater flexibility and diversity of housing options for existing and new residents,” she added. “They have the potential to significantly increase our housing affordability and enable seniors to stay in town as they age, both of which were stated as clear needs in our 2019 POCD.”

In fact, DeLuca said the CT General Statutes require the town’s zoning regulations be in accordance with its POCD. So opting out means the town will retain in conformance.

First Selectman Camillo said he was prepared to vote on Thursday, but Selectwomen Janet Stone McGuigan and Lauren Rabin said they’d like a second read.

If approved by the Selectmen at their next meeting, the proposal would go before the RTM in September. To pass there, a two-thirds vote is required. The proposal was on the July 19 P&Z agenda, where there was no objection during public comment.