ZBA Weighs Request For Home-Based Fitness Business

By Andrew Gorosko

The Zoning Board of Appeals (ZBA) is considering a Sandy Hook woman’s request to continue running a physical fitness business in her 15 Serenity Lane home.

On February 2 ZBA members agreed to seek legal advice before acting on Karen Finlayson’s ZBA application, which seeks to overturn an alleged error by the zoning enforcement officer.

Ms Finlayson operates Karen’s Fitness Studio in a converted room in her home. Clients use various exercise equipment for physical training.

Ms Finlayson claims that Zoning Enforcement Officer Gary Frenette erred in issuing an October 18 cease-and-desist order that called for the business to close because it violates aspects of town zoning regulations. The regulations concern the operation of a “non-customary home occupation business”; an improper accessory use of a residence; and making renovations without proper building and zoning permits.

The next-door neighbors of Ms Finlayson told ZBA members at the February 2 public hearing the fitness studio poses problems for them.

James Shpunt of 13 Serenity Lane said, “Our main concern is [that this is] a business in a residential area.” The presence of the business increases traffic and noise in the neighborhood, he said.

Mr Shpunt’s wife, Sue, said the presence of the gym has had a major impact on the quality of their lives. The gym’s operation has reduced their property’s value, she said. The gym has increased traffic in the neighborhood, endangering the safety of children, she said. “The gym is a commercial business in a residential area,” Ms Shpunt said, adding that such a use does not belong in a residential area.

Many of Ms Finlayson’s clients and friends attended the hearing to speak on her behalf.

Michael Stirk of 14 Ox Hill Road, a client of the fitness studio, said Ms Finlayson believed she had received a verbal approval from the town before she set up the business. “There probably was a very large miscommunication,” Ms Stirk said. Ms Finlayson has invested much time, effort and money in getting the fitness studio business underway, Ms Stirk said, adding the studio provides a worthwhile service to the community. “The lighting problems and the parking problems are really very minor,” she added. 

Kathy Zuluaga of 18 Serenity Lane, a neighbor of Ms Finlayson, said the fitness studio provides a valuable service to the community.

“Serenity Lane, believe me, is just as serene as it always has been,” she said.

Ms Finlayson said she is a certified personal trainer sanctioned by two fitness organizations. Many of her clients would not otherwise go to a health club, so her home-based business provides them with an opportunity for physical training, she said.

She said she started the business based on a verbal approval that Mr Frenette had given to her husband. Ms Finlayson said she would not have started a business without first getting such an approval. Mr Frenette, however, later reinterpreted the zoning regulations and issued the cease-and-desist order, she said.

Having a home-based business allows her to stay at home with her children, she said. In planning the business she did not include the rental fees, which she would have to pay if she were in commercial space, she said.

Attorney_Christopher Leonard, representing Ms Finlayson, said the business meets the definition of “customary home occupation,” and thus should be allowed. Ms Finlayson would face a significant financial hardship if she cannot run the business in her home, the lawyer said. Ms Finlayson is willing to obtain necessary building and zoning permits for the property, he said.

Mr Frenette said he did not speak to Mr or Ms Finlayson before they set up the business.

After learning of the business, he found that it does not meet applicable zoning regulations and building regulations, the zoning enforcement officer said.

ZBA members said they will have the agency’s lawyer review applicable case law concerning home occupations and provide advice to them.

“We’ve got a big issue with the home accessory uses,” said ZBA member Alan Clavette.

ZBA members are expected to discuss Ms Finlayson’s appeal at their March 7 meeting. They have until early April to act on the appeal. 

P&Z Rejection

The Planning and Zoning Commission (P&Z) January 27 rejected a request from Ms Finlayson that it expand its definition of “professional person” to include “certified personal fitness instructor with certification in weight training.”

Ms Finlayson had sought that expansion of the definition to allow her to continue her personal fitness business at home.

P&Z members voted 2-to-1 to reject her application, with members Heidi Winslow and James Boylan opposed, and Chairman Daniel Fogliano in favor.

 Ms Winslow said allowing a home-based personal fitness business might pave the way for a mix of commercial uses in residential neighborhoods, according to P&Z records.

If Ms Finlayson’s request to amend the zoning regulations were approved, it would be difficult to turn down other commercial uses in residential areas, Mr Boylan said.

 Mr Fogliano disagreed, and spoke in favor of the proposal.

 At a past public hearing on Ms Finlayson’s P&Z application, First Selectman Herbert Rosenthal said expanding the definition of “professional person” concerning home-based businesses could set a bad precedent in terms of allowing commercial uses in residential areas.