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Accessory apartments: A rule that’s working

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 Among the projects approved under the town’s accessory apartment regulation are a couple of historic properties, like this one on the corner of West Lane and Cedar Lane. The small historic home, in front, was preserved as an accessory unit and a larger new house, with a historic look, was built behind it. —Macklin Reid

Among the projects approved under the town’s accessory apartment regulation are a couple of historic properties, like this one on the corner of West Lane and Cedar Lane. The small historic home, in front, was preserved as an accessory unit and a larger new house, with a historic look, was built behind it. —Macklin Reid

Accessory apartments appear to be one of the town’s more successful efforts to encourage more affordable housing without the kind of down-zoning or obviously multi-family developments that may seem more appropriate to a city than a town like Ridgefield.

It’s been a little over a decade since the town’s accessory apartment regulation was revamped to be more user friendly — an effort the Affordable Housing Committee was involved in. Chairman Dave Goldenberg pointed to it as one of committee’s accomplishments, after five of the committee’s six members resigned this week.

According to Town Planner Betty Brosius, there’ve been 89 apartments approved under the revised regulation. The rule has incentives for senior citizens and for “affordable” apartments, but also allows the creation of accessory units in other circumstances as well.

“Since the regulation was adopted in 2003, we have approved 70 apartments under the Senior Occupancy Incentive, 18 under Special Permit (two of which were historic homes that were converted to accessory dwellings with new, larger homes to be built as primary residences on the same lot), and one affordable apartment,” Ms. Brosius said.

“That’s a total of 89 apartments approved between 2003 and August of 2014.”

Not all the units approved were newly created, however. A substantial number were long-standing apartments that existed outside town regulation or knowledge, and were ‘legalized’ after the more flexible rule was adopted.

“Some of these were pre-existing, illegally created and were made legal by applications in conformance with the regulations, but the majority of the apartments are new,” Ms. Brosius said.

Many of the units created quite genuinely live up to the nick-name in-law apartments.

“Under the senior occupancy option, we have often seen homeowners create apartments for in-laws and parents who want to live close to family,” Ms. Brosius said. “And alternatively, but less frequently, the senior homeowners have created apartments for the younger generation.”

As long as part of the property is owner-occupied, the senior incentive — which includes a less onerous approval process — can be used regardless of whether the seniors are living in the main house or the apartment, or whether they’re the owners or the renters.

“One of the strong points of the regulation that was encouraged by the Affordable Housing Committee was, if you were a senior and you established an accessory apartment in your home, it would provide income that would perhaps allow a senior to remain in Ridgefield, to support their living costs to remain in town,” Ms. Brosius said.

Although the Affordable Housing Committee was quite involved in the months-long effort to get less restrictive accessory apartment regulation approved by the Planning and Zoning Commission, it was attorney Bob Jewell who initiated the effort to revamp what was an impractical and little-used regulation.

“They were helpful in getting that passed,” Mr. Jewell said of the Affordable Housing Committee.

It was evident the old regulation wasn’t very helpful to many senior citizens, he said.

“I knew some people, including my folks, who were looking for some flexibility,” Mr. Jewell said. “So, if they wanted to buy somewhere else without selling their house, they could rent it out and still have a little apartment.”

The old regulation had been limited to properties served by public sewer and water lines — ruling out much of the town. There were other restrictions that were loosened or eliminated.

But the revised regulation retained a requirement that people had to demonstrate annually that the property remains owner-occupied.

“Every year the owner has to certify to the zoning department that the premises is owner-occupied,” Mr. Jewell said. “And if it’s an income- or age-restricted unit that either the occupant of the apartment or the occupant of the main dwelling still meets those requirements.”

Today the regulation appears well accepted, and successful.

 “My understanding is, it’s worked out great,” Mr. Jewell said. “It’s helped a number of people.

“I don’t think any of the fears have been realized, and it’s just worked out really well,” he said.

“It was nice to provide some kind of flexibility — especially in a down market,” Mr. Jewell said.

“In the last few years there were probably a number of people who were unable to find buyers for their properties, and availed themselves of this in order to get the flexibility to create an apartment and supplement their income,” he said.

“They were able to keep the residence and still generate some income, by either renting out the apartment, or renting out the larger portion of the house and keeping the apartment.

“I’m not aware of any scenario where there’s been any allegation that anyone’s abused this regulation,” he added.

“I know a few people who moved to town and they had elderly relatives, either their parents, or a parent, and they weren’t able to live on their own any more,” Mr. Jewell said.

“They were able, in one case, to build a brand new accessory building on their property, and, in another case, they just added onto their house. And in a few cases they converted an area of the existing house for either the mom or dad or both,” he added. “They weren’t able to live on their own any more, but they weren’t ready to move into a nursing home.”

Among the Ridgefielders who have added an accessory unit under the regulation are John and Peggy Loehr of 293 Main Street. They included an accessory apartment unit seven years ago when they built a “carriage house” to serve as a garage to their large, towered Main Street home.

“It’s a separate unit from the house, with its own set-up,” Mr. Loehr said. “And it’s been rented continuously to people who have down-sized and may have been in transition.

“It has been most appealing to folks who are retired,” he said.

“We also get a lot of interest from younger people who are in transition, as well.

“We have a waiting list of folks who are interested in renting it,” he said.

“And, it’s been a great success for us — helps pay the taxes. I think it’s a good law.”


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