Some state residents will soon be allowed to put temporary health care structures on their properties for loved ones who are physically or mentally impaired.
A state law allowing the structures was passed this year and goes into effect Oct. 1, but officials in some towns had mixed reactions on whether to permit them in their own communities.
The Redding Planning Commission decided to let residents have them. “We decided to go for it,” Jo-an Brooks, Redding’s land use coordinator, said.
Richard Baldelli, Ridgefield’s planning and zoning director, on the other hand, said he has concerns about the legislation and will recommend the town opt out of the state law, which would require a public hearing.
“The law itself is very troublesome to me in many regards,” Baldelli said, adding it could place the town in a babysitting role.
Officials in other towns, including Brookfield and New Fairfield, said the law requires more review before deciding whether to incorporate use of the structures into their local zoning laws.
The structures, often referred to as “granny pods,” are largely meant to serve an aging population and combat a nursing home shortage, according to testimony introduced during the bill’s public hearing in Hartford. Similar legislation is in place in Virginia, Minnesota, North Carolina and Tennessee.
Under the law, a relative, legal guardian or health care agent who provides free care for someone who is physically or mentally impaired could ask to have a temporary structure on their property for the person receiving the care to live in.
To meet the criteria for approval under the law, a structure can not be larger than 500 square feet, must be assembled somewhere else before being placed on the approved site and can not have a permanent foundation.
A physician must also certify that the person who will live there needs help in at least two “daily living activities,” such as bathing, housekeeping and eating.
Applications must go through the town’s zoning process to ensure the structures are connected to electricity, septic or sewer and water. The state health department might also be asked to sign off on certain factors, especially connection to a septic system.
During the bill’s public hearing, Raul Pino, commissioner of the state Department of Public Health, questioned the state’s ability to enforce the “granny pods” law. He said the bill’s language did not provide enough information on how to regulate the structures.
Brooks said she believes the health department will be able to determine if these structures would be too much for the limited infrastructure in Redding. She said the Redding Planning Commission’s concerns about the structures’ aesthetics were also alleviated because the buildings must be removed when they are no longer needed.
She said the commission has always endorsed the existing accessory apartments as a way to create affordable housing and felt that the temporary housing structures were in line with those.
But Baldelli argued Ridgefield’s accessory dwelling regulations are a better way to accomplish what the temporary health care structure law was created to do.
He said the accessory dwelling regulation was created in the late 1990s as a way to allow empty nesters to earn some income by renting the apartments, which can be up to 900 square feet. Instead, he said about 80 percent of these apartments have been used for elderly parents living close to family.
“We have a very easy to use and a very friendly accessory dwelling unit regulation,” Baldelli said.
He said while he believes the law is well intentioned, he disagrees with the execution, especially that the person receiving the care must live in the structure.
“To me, that’s absolutely ridiculous to have someone who doesn’t feel well move out of their house into a can,” Baldelli said.
He also worried that although caregivers can’t charge for their services under the law, they could place a structure on their property and then charge rent as they continually bring in new clients for the structure. “It has potential for abuse,” Baldelli said.
He said the language was also loose on the types of structures and could open it up to trailers.
The law also requires approval within 15 days of the request and he said it can take up to a few months for the state health department to approve it or several weeks for the appropriate local wetlands approval, if needed.
New Fairfield First Selectman Susan Chapman said the town has not received any requests from residents to add granny pods before, but the town’s zoning commission will discuss whether to allow them in town in upcoming meetings.
Brookfield officials were given a presentation about temporary health care structures by an outside company last year, but Alice Dew, the town’s land use director, said not much came of it. She said no residents have requested to have the structures, but zoning officials there will be discussing the subject as part of the zoning regulations rewrite.