The town's proposal to opt out of a new state law, which would allow the use of temporary health care structures as accessory land uses in zones that permit single-family houses, is scheduled for a Planning and Zoning Commission (P&Z) public hearing. That session is slated for 7:30 pm on Thursday, October 5, at Newtown Municipal Center, 3 Primrose Street.

The state law on temporary health care structures, which also are known as "granny pods," takes effect on October 1. The town's zoning rules on lot setbacks and building density, among other requirements, would apply to granny pods, just as they apply to other accessory uses such as garages and sheds, according to the Connecticut Chapter of the American Planning Association (APA).

Under the new law, a municipality that allows granny pods would need to approve or deny a requested permit within 15 business days after the application is submitted, but cannot turn down a permit if the applicant provides proof of compliance with the state law and with applicable building and public health codes, according to APA.

As described by the state law, a granny pod is a portable residential structure, similar to a small mobile home, in which an impaired person requiring caregiver assistance would reside. Such a living arrangement would provide an alternative for the impaired person, who otherwise might need to live in a nursing home or obtain handicapped-accessible housing on their caregiver's property, according to APA.

Specifically, the law defines temporary health care structures as units that are primarily assembled off-site; are not built or positioned on a permanent foundation; are a maximum 500 square feet in enclosed area, and meet the terms of the state building code, the fire safety code, and the public health code. The new law requires that the structure be occupied by an impaired person; be subject to a possible annual permit review; and be removed within 120 days of the impaired person vacating the structure.

Also, the law requires that the caregiver living on the property be a relative, a legal guardian, or a health care agent responsible for the unpaid care of a mentally or physically impaired person. Only one granny pod would be allowed per lot.

Opting Out

In a September 13 memorandum, George Benson, town planning director, explains why the town wants to opt out of the granny pod law. The memo states the town already has several housing options available in residential zones for impaired people. These include allowing accessory apartments in houses; allowing accessory apartments in detached accessory buildings; allowing guest houses for temporary residents; and allowing a family to have roomers or boarders.

The presence of granny pods would pose zoning enforcement issues, according to Mr Benson. The verification of a person's impaired status, and a caregiver's status, as well as medical documentation reviews are beyond the traditional jurisdiction of a zoning enforcement officer, he writes. The removal of a granny pod after it is vacated would prove problematic, he adds. The law does not address the disposition of the structure after the town executes a performance bond on it and then removes the structure, he adds.

Also, the public health code requires that each structure have its own septic system, he noted. Connecting a one-bedroom structure to an existing septic system would require special permission from the state, he writes.

Mr Benson this week characterized the granny pod law as "ill conceived."

"It looks good on paper, but there's pitfalls," he said, pointing to the complexities of providing such structures with septic waste disposal, a water supply, and electric service.

The town already has enough options available for impaired persons, he said.

"The concept is a great concept, but the application of the idea doesn't work in the real world," he said.

For the town to opt out of the granny pod law, both the P&Z and, later, the Legislative Council would need to opt out.

Asked for her position on the granny pod law, First Selectman Pat Llodra said, "I am not well enough informed about granny pods to be very insightful.

"George Benson has done a lot of thinking and research into the implications for Newtown, and he does not support the legislation as a positive option for our community. In the absence of having had time to do my own research, I am relying for now on George's analysis," Mrs Llodra said.

According to the APA, the new law was created to enable the use of a new type of housing unit intended to provide affordable handicapped-accessible housing close to an impaired person's caretakers and/or family.

The granny pod is seen as an alternative to nursing home care, expensive and permanent home modifications or additions, or relocation to housing further away from caregivers. Besides Connecticut, other states that allow granny pods are Minnesota, North Carolina, Tennessee, and Virginia.