Milford Approves New Accessory Dwelling Rules

By Brandon T. Bisceglia

The Milford Planning & Zoning Board at its Jan. 17 meeting voted to approve a set of new rules that would loosen some restrictions on accessory dwelling units in the city.

Possibly the biggest change to Milford’s ADU ordinances is that the units will no longer be restricted to family members of the property owner. The units can still be used for that purpose, but they can also be rented out to make money for the owner.

The question of how to govern ADUs, which are sometimes called “in-law apartments,” was spurred by a law passed by the state legislature in 2022 that allows people to construct the dwellings – attached to a house or freestanding – as a matter of right. The state allowed municipalities to opt out, which Milford did in September, but officials simultaneously conceded that the city’s existing rules were likely outdated and began working on revisions.

The state is increasingly pushing towns to increase their housing options, as Connecticut faces an acute shortage of housing of all types, and particularly affordable housing.

Although many members of the public who spoke over the course of two meetings were generally in favor of opening the regulations around ADUs, some thought that a few of the specific rules that were eventually adopted were too restrictive.

Resident Michael Blake, for instance, was one of several residents who thought the P&Z should allow ADUs to be detached from the main home. He called the requirement that the unit be attached to the home arbitrary.

“We have a detached garage. We also have an 81-year-old mother-in-law that we want to move in there, and it would be a lot easier for us if we could build a little mother-in-law apartment above our detached garage,” he said. “But right now, as the proposed regulations read, we can’t do that. It’s going to be a much more expensive situation to do something different.”

Resident Deborah Rowe agreed that it would make sense to allow for detached ADUs, and argued that the maximum size of the unit – 800 square feet – was a bit small.

“I can’t even get a baby grand piano into an 800 square-foot unit,” she quipped, noting that she works in real estate and contracting.

“You have some homes here that are over 3,000-4,000 square feet that have a detached garage that has an apartment above it,” she said.

Resident Donna Dutko thought that rules around the units should be tied directly to Milford’s goal of increasing affordable housing, meaning that they would need to be deed-restricted. However, Jenna Montalbano, another resident, countered that deed restrictions would make things harder, not easier, for property owners with ADUs.

“It would also be very difficult trying to sell a house with a deed restriction on it,” Montalbano pointed out.

After the public comment period, Board Chair Jim Quish said that he was personally in favor of allowing detached units but hadn’t seen enough support in the community or on the board for it to pass.

Board member Etan Hirsch reiterated a question that had cropped up at the previous meeting regarding whether there were minimum rental times. Milford has no regulations governing rental periods for any of its housing.

“It sounds like this is a tremendous money-making opportunity for people by the beach to have yearly Airbnbs,” he noted.

Another change that did not make it into the final rules was proposed language that would have required at least one parking space be provided for each ADU. Several residents had voiced concerns over parking in certain neighborhoods where parking spaces are already in short supply.

Only board member Marc Zahariades voted against the regulation change.