Neighbors Call In The Police In

Home-Based Business Dispute

By Andrew Gorosko

A Sandy Hook couple, unhappy over a next-door neighbor’s home-based business being operated in violation of town zoning regulations, has called in the police to deal with the situation.

James and Sue Shpunt of 13 Serenity Lane called the police Monday morning to air their complaints over the operation of Karen’s Fitness Studio at 15 Serenity Lane. Karen Finlayson operates the fitness studio in a converted room in her home. Clients use various exercise equipment for physical training. The business has been in operation for more than a year.

Mrs Shpunt said Tuesday the presence of the home-based business poses problems stemming from noise, lighting, and traffic. “It’s terrible. It’s awful. We’re really upset. We want to know why nothing’s being done,” she said. Exercise classes start early in the morning and end at night, she said.

Detective Sergeant Henry Stormer said the problem is a civil matter which police plan to refer to the town land use office for zoning enforcement. Police plan to monitor the situation, Sgt Stormer said.

Zoning Enforcement Officer Gary Frenette said he expects that Ms Finlayson will move the business into new quarters in a commercial area in about two weeks. “The end is right around the corner,” he said. “This is very complicated,” he added.   

Ms Finlayson has found a commercial rent in Botsford for her business which she is in the process of remodeling for use as an exercise studio, Mr Frenette said.

Ms Finlayson said, “I am moving. I’m in the process of it.” How fast the move occurs depends on how fast the remodeling work is completed at the commercial space at 316 South Main Street, she said. Ms Finlayson said the home-based exercise studio is not loud and its patrons are respectful in their actions.

Last March, the Zoning Board of Appeals (ZBA) upheld Mr Frenette’s issuance of an October 1999  cease-and-desist order requiring that the home-based exercise studio end operations.

Ms Finlayson and the town then reached an agreement under which she could continue operating the business out of her home, provided that she moved operations to more suitable commercial space.

At a February ZBA public hearing on the matter, James Shpunt said, “Our main concern is [having] a business in a residential area.” The presence of the business increases traffic and noise in the neighborhood, he said.

Sue Shpunt then said the presence of the gym has had a major impact on their quality of life. 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.

In January, the Planning and Zoning Commission (P&Z) 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 operate her personal fitness business at home.

P&Z members expressed concerns that allowing a home-based personal fitness business might pave the way for a mix of commercial uses in residential neighborhoods.