EAST HAVEN
The East Haven Planning and Zoning Commission (PZC) has released its draft regulations to permit accessory dwelling units (ADU) in town, stating its intent to “fulfill an increasing need for smaller, and in certain cases, more affordable housing units while preserving the integrity and appearance of the existing housing stock within all residential neighborhoods in East Haven.”
The drafting of the regulations was initiated by Connecticut Public Act 21-29, which became effective in October 2021 and requires Connecticut cities and towns to allow ADU as part of zoning, said Zoning Enforcement Officer Joe Budrow. This draft arrives following “many months” of researching similar language of zoning laws pertaining to ADU passed by other towns, such as Wallingford, Middletown, and Milford, he said.
The draft regulations lay out the required and prohibited unit characteristics, starting with the mandates that only one ADU “shall be allowed on any lot” and “shall not be located within any new, or existing, detached structure located on the same property” as the principal owner of a lot.
As it stands, an ADU must be attached to its principal dwelling and separated from the connected principal by a single wall and door entrance, in addition to having a minimum floor area of 500 square feet and a maximum of 800 square feet.
“The exterior of an ADU shall be uniform with the appearance of the principal dwelling” and “shall be inhabited by no more than two adults and a minor child,” according to the draft language.
ADU would also be prohibited from connecting to utility meters that are separate from those connected to the principal home and “shall not have its own primary address number given to it.” They would be required to “have cooking facilities, a bathroom and a maximum of one bedroom for use by the legal occupant.” The onus of constructing cooking and waste facilities in the ADU would be placed on the occupant, said Budrow.
A defining element of the draft is that its regulations would not allow for ADU to be used as short-term rentals properties, as this was something the PZC wanted to avoid, Budrow said. The East Haven Town Council expressed a desire to regulate the high turnover rate of occupancy and out-of-town ownership of short-term rentals in its own draft regulations on this kind of property—something that the PZC is looking to model in its own ADU laws.
Two of the standards that would eliminate the possibilities of ADU being used as short-term rentals include regulations 48.7.1. and 48.7.2., which state that “the owner of the lot shall reside within the principal dwelling or the ADU” and that “an ADU shall only be occupied by people related to the property owner by either blood, marriage or legal adoption,” respectively.
These standards would ensure that any owner of an ADU must be an East Haven resident.
“They were hoping to make them something that wouldn’t alter the community area like the neighborhoods,” Budrow added. “We wanted to get away from off-site property owners renting to two different people, and then what would happen if they didn’t get along? So, we wanted a most peaceful regulation that we could craft.”
While having crafted language that the PZC believes is “East Haven-friendly,” Budrow said some of the specifics of the regulations may be subject to amendments in the near future following an official adoption within six months. He cited the standard of not permitting detached ADU as a possible subject of alteration.
The PZC heard some opinions on the present language at an initial public hearing on March 6. While those who spoke commended the commission for its presentation of the draft, there was also comment regarding regulation 48.7.2.’s prohibition of occupancy to non-family members. Resident Cynthia Sparago said that specific standard might not support the positive influence that the regulations could have on the town’s housing stock, and could also be difficult to enforce.
“Who is going to police who’s relative and who’s by marriage and who’s by adoption?” asked Sparago. “With that in place, it doesn’t have the potential that it could to really affect the housing crunch [in East Haven]. If we’re talking about creating more housing, then in my opinion, if you have to live in a house and you’re comfortable with the person living next door to by one door, then why should this town be legislating that? I’d like you to reconsider that.”
The PZC will continue the public hearing on the issue at its next meeting on Wednesday, April 3 and deliberate on a final decision at the same session. The draft for ADU regulations can be located on the PZC’s web page at www.easthaven-ct.gov/planning-zoning-commission.