Montville — The Town Council on Monday voted in favor of the Planning and Zoning Commission's decision to opt out of Public Act 21-29, a state law that changes requirements for accessory dwelling units throughout the state.

Also referred to as accessory apartments, they are small residential units — such as garage apartments or "mother-in-law suites" — attached to or detached from a home. Public Act 21-29 would permit accessory apartments anywhere residential uses are permitted without a special permit or public hearing.

The legislation went into effect Jan. 1 and municipalities can choose whether to "opt out" of the law before the same date next year. The Town Council's approval was the last step Montville needed to officially opt out.

Planning Director Liz Burdick spoke to the council Monday night and said the commission was looking to opt out so it can "thoughtfully and intentionally draft regulations regarding accessory dwelling units requirements," some of them based on the state law.

Burdick added the Planning Department of four needs time to undertake thorough research to draft the new regulations. She said the department is working with the Southeastern Connecticut Council of Governments to adopt its affordable housing plan and working to promote diverse housing choices in town.

Burdick listed a few of the developments the town has permitted, such as the old Faria Beede Mill property that is being transformed into about 77 housing units, some of which may be deemed affordable. Last May the commission approved 87 units of multifamily housing at 90 Maple Ave. 

Apart from those, Burdick said the commission is considering two applications — one for the construction of three additional buildings and 160 housing units at the Village Apartment site, and the other for 22 new townhouses at 245 Route 32. 

She also stated some of the town's current zoning regulations that allow for accessory dwelling units "interior to a single family house, or an addition to the side or rear of the house, or over a garage, which meets zoning setbacks, and has a common utility meter" with the single-family house and does not exceed 800 square feet in size.

Burdick also read aloud an email from Town Attorney Matthew Willis stating that the act has several restrictions, including on the ability of a zoning commission to require accessory dwelling units to be affordable.

Democratic Councilor Tim May said the law was created with young people and others in mind to have affordable housing. He said he was glad to see the department has provisions and is working on new ones. He said as long as he saw an attempt, he will support opting out.

j.vazquez@theday.com