ZBA Backs Order To Close

Sandy Hook Exercise Studio

 By Andrew Gorosko

The Zoning Board of Appeals (ZBA) has upheld the zoning enforcement officer’s issuance of a cease-and-desist order requiring that a home-based Sandy Hook exercise studio close operations.

In a 3-to-2 vote, ZBA members have endorsed Zoning Enforcement Officer Gary Frenette’s October 18 order calling for Karen’s Fitness Studio at 15 Serenity Lane to close because it violates town zoning regulations.

Voting to uphold Mr Frenette’s cease-and-desist order were ZBA members Richard Kessler, Steven Berg and Michael Daubert.  Voting in opposition were Patrick Mullins and Alan Clavette.

Overturning Mr Frenette’s order would have required that four of the five ZBA members oppose his order.

The ZBA action took effect Friday, March 10. The proprietor of the business, Karen Finlayson, has until March 25 to appeal the ZBA’s decision in Danbury Superior Court, if she chooses.

The business was still in operation at the Finlayson residence this week.

Ms Finlayson said it is unclear if she will challenge the ZBA action in court.

 “I’m not bitter. I have had incredible support,” she said, referring to the many people who spoke on her behalf at ZBA and Planning and Zoning Commission (P&Z) hearings concerning her fitness studio.

Ms Finlayson said she plans to stay in the fitness business at some location.

In the matter decided by the ZBA, Ms Finlayson had claimed that Mr Frenette had made an error in issuing her the cease-and-desist order to close the fitness studio.

Ms Finlayson operates the fitness studio in a converted room in her home. Clients use various exercise equipment for physical training.

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

James Shpunt of 13 Serenity Lane then 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.

Mr Shpunt’s wife, Sue, 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.

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

In January, the 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 continue 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.

At a past P&Z public hearing on Ms Finlayson’s 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.