Madison Planning and Zoning Approves Middle Housing Rules, Continues Pet-Services Hearing

Planning and Zoning · Meeting of July 9, 2026

CT MADISON — Madison planning board adopts middle housing zoning rules, sends pet-services amendment back for revisions. The Madison Planning and Zoning Commission voted unanimously Thursday to approve application 26-18, a new Section 9.5 governing middle housing developments under Special Session Public Act 25-1, effective July 13, 2026, bringing the town into compliance with a state law that took effect July 1 requiring Connecticut municipalities to permit two-to-nine-unit residential developments by right in commercial and mixed-use zones. Consultant Mike D'Amato of Tyke Ecosystems, presenting the regulation, told the commission, "We're really in a position where we need to get something on the books," noting that fewer than 50 Connecticut towns had adopted such regulations statewide.

Key provisions include a 1,600-square-foot maximum for cottage cluster units, a three-bedroom maximum per unit, a 3,000 Kelvin lighting cap, and a mandatory-compliance list for existing commercial buildings converting to residential use. A companion text amendment (26-20) sought by property owner David Fiennes to allow pet-related services including lure-coursing dog exercise at 391 Durham Road was continued to August 6 after commissioners found the draft language too site-specific and too permissive, noting it would allow up to 30 dogs in outdoor pens as close as 20 feet from a property line in a rural residential zone with no required sound barriers or setback standards.

In the full story:

• The complete report — 922 words

Source: the Planning and Zoning meeting of July 9, 2026, reported from the official video recording and transcript.

MADISON — July 9, 2026 — The Madison Planning and Zoning Commission voted unanimously Thursday to adopt new zoning regulations for middle housing, bringing the town into compliance with a state law that took effect July 1, and continued a separate public hearing on a proposed text amendment that would allow pet-related services at a Durham Road property.

The middle housing amendment, application 26-18, amends Article VI of Madison's zoning regulations and adds a new Section 9.5 governing developments of two to nine residential units in commercial and mixed-use zones. The commission approved the resolution on a roll-call vote, with the effective date set for July 13, 2026. Commissioners also directed consultant Mike D'Amato of Tyke Ecosystems and Town Planner Erin Mannix to work together to replace building illustration examples in the regulation with photographs of locally identifiable structures where possible.

The Full Story

The middle housing amendment was required by Special Session Public Act 25-1, House Bill 8002, which mandates that Connecticut towns permit two-to-nine-unit residential developments by right in any zone permitting commercial or mixed uses. D'Amato, who has advised multiple Connecticut municipalities on the legislation, told the commission that as of July 1 the law is in effect regardless of whether a town has adopted implementing regulations.

"The regulation, just to clarify, does not apply to residential zones," D'Amato said. "It does not supersede any other outside jurisdiction or requirements. So this does not circumvent inland wetlands requirements, the design review process, coastal site plan review, building code, health code for well and septic."

Because the state law requires so-called summary review — meaning no public hearing and only non-discretionary standards — D'Amato said the regulation had to be unusually prescriptive. "We have to explicitly state what, where, how many, color, type, et cetera," he said, "because the public hearing process, which normally allows you to go through and really evaluate and determine if modifications are needed, is not on the table for this."

Commissioners worked through several changes from an earlier draft during the hearing. The commission settled on a 1,600-square-foot maximum floor area for cottage cluster units, a cap D'Amato said he included as a starting point to prevent nine large detached homes from being placed on a single commercial parcel. A three-bedroom maximum per unit was retained. The commission also revised language in Section H governing existing commercial buildings converting to residential use, settling on the phrase "no non-conforming characteristics shall be interpreted or applied in a manner that would prevent incorporation of the following standards" — covering lighting, open space, residential amenities, landscape buffering, and operable windows — after debate over the clarity of earlier draft wording.

"I think as we've discussed, this law became effective eight, nine days ago," D'Amato said. "I think we're really in a position where we need to get something on the books, and we can always adjust." [No timestamp index supplied]

Mannix noted that the Conservation Commission submitted comments at 6:06 p.m. the same evening, recommending shielded lighting not to exceed 2,600 Kelvin rather than the 3,000 Kelvin figure in the draft, and asking that buffer plantings specify native, non-invasive species. The commission concluded it had substantially addressed those points in the revised draft.

The commission also voted to approve a coastal site plan, application 26-25, for property owners Gregory and Renee Mellis at 28 Toffee Lane, authorizing installation of a hot tub anchored by two footings within 25 feet of a coastal critical resource. Comments from the state Department of Energy and Environmental Protection anticipated no adverse impacts. The commission tabled a separate coastal site plan for Garnet Park Road, application 26-15, to its August 20, 2026 meeting pending further DEEP review.

Why It Matters

The middle housing approval makes Madison one of a relatively small number of Connecticut towns to have implementing regulations in place now that the state law is already in effect. D'Amato estimated fewer than 50 municipalities statewide have adopted such regulations. Without rules on the books, any developer seeking a two-to-nine-unit project in a commercial zone could rely directly on the state statute, leaving the town with little practical ability to impose design or dimensional standards. The commission was told to expect the legislature to reintroduce expanded versions of the law — potentially covering industrial zones — in the next session.

The pet-services text amendment, application 26-20, was continued to August 6, 2026. The commission's central concern was that the draft language, as written, was too site-specific and would permit up to 30 dogs in outdoor pens as close as 20 feet from a property line in a rural residential context, without adequate setback, sound-barrier, or noise-management standards. Commissioners indicated they were open to a narrowly rewritten amendment and urged the applicant to return with a surveyed site plan and more precise regulatory language.

Key Motions & Votes

- Vote: Approve application 26-18, text amendment to Article VI definitions and new Section 9.5, Middle Housing, as amended during the public hearing, effective July 13, 2026 Tally: Approved unanimously

• Action: Application 26-20, text amendment for pet-related services, 391 Durham Road — Continued to August 6, 2026

- Vote: Approve application 26-25, coastal site plan for hot tub installation at 28 Toffee Lane, effective July 23, 2026 Tally: Approved unanimously

• Action: Application 26-15, coastal site plan, Garnet Park Road — Tabled to August 20, 2026

- Vote: Approve minutes of the June 18, 2026 meeting, with corrections Tally: Approved unanimously

Source

Madison's community access TV: Planning and Zoning Commission meeting, July 9, 2026