A rendering of the building at 53 West Parish Road, currently used only as a garage, that will become an “accessory dwelling unit” with approval from the Zoning Board of Appeals.

By John Schwing

Zoning Board of Appeals Chairman Jim Ezzes and member Liz Wong were both on the panel in 1998 when restrictions were imposed on a West Parish Road accessory building — and when the board voted this week to lift those conditions.

WESTPORT — “There is nothing permanent except change.”

But when it comes to property and land-use policies in Westport, change has historically been slow, if not resisted outright.

A small, but revealing, reflection of how zoning regulations have evolved over the decades took place at Tuesday’s Zoning Board of Appeals meeting as two longtime board members remarked on how they were voting to lift restrictions on use of a West Parish Road property they had voted to impose a quarter-century earlier.

The application, filed on behalf of Christina Hart, owner of 53 West Parish Road, asked the ZBA to remove conditions applied in a 1998 variance the board granted to allow a detached garage on the site. That variance expressly prohibited the structure from being used for residential purposes, stating there could be no heat or running water supplied to the building and the upper-floor’s ceiling be restricted to attic height.

Hart sought to have those restrictions lifted so the structure could be used as an “accessory dwelling unit,” as permitted under regulations adopted by the Planning and Zoning Commission in April 2021. Those rules were seen by supporters as a way to provide more flexibility to local property owners — providing revenue to those who might need fiscal support to maintain their properties and, in some cases, perhaps add more affordable options to Westport’s inventory of rental properties.

Since adoption of ADU regulations, about 30 of the detached units have been approved, Michelle Perillie, the town’s deputy planning and zoning director, said Wednesday.

At Tuesday’s meeting, Perillie noted that prior to enacting ADU regulations, the town was “much, much more conservative” about uses allowed for accessory structures and strictly “monitored” prohibitions against private rental units other than those existing prior to 1959.

Things have changed, she said, with “a new philosophy” toward accessory rentals since ADU guidelines were adopted.

Two ZBA members were able to personally attest to that change.

Chairman Jim Ezzes and Vice Chairwoman Liz Wong both were on the board when residential restrictions were applied to use of the West Parish building at the time the 1998 variance was granted.

“All we’re really doing is lifting those original restrictions from 1998,” Ezzes noted, confirming with Wong that they both were board members when the stipulations were approved — as required by the prohibition on residential use of accessory buildings that was then in effect.

Now, under the ADU regulations, residential use is allowed, he added, describing the new application as “perfectly acceptable.”

Board members had few questions about the application, but supported Wong’s recommendation that the cottage be assigned a new address on the street behind the property to ensure accurate first-responder access.

With that, Ezzes and Wong joined three fellow ZBA members in voting unanimously to dissolve the restrictions they had required 25 years ago.

John Schwing, the Westport Journal consulting editor, has held senior editorial and writing posts at southwestern Connecticut media outlets for four decades. Learn more about us here.