Planning and Zoning finalizes new Cornwall work-from-home regulations

CORNWALL — The Planning and Zoning Commission (P&Z) has reached a decision regarding proposed changes to regulations governing home businesses at a special meeting on Thursday, June 3. 

Conducted on Zoom, the meeting drew an audience of 50 residents allowed to observe, but not to comment. Comments were made and concerns raised at two prior public hearings.

Residents’ comments and concerns had been heard at the public hearings, received in written form at Town Hall and posted on the town’s website in advance of the P&Z meeting.

Discussion determined that many of the concerns raised by residents were accommodated by other existing policies, procedures and provisions within the regulations, including the discretion and the authority of the zoning enforcement officer (ZEO).

The only change made to the draft of the changes to the home business regulations will be to broaden the definition of an “employee,” where it is written that a single employee may be engaged to serve a home business. The employee term will now be defined as “employee or contractor or volunteer.”

Several residents had urged more P&Z discretion and control during the permit process, an issue raised by P&Z Chairman Anna Timell.

Current ZEO Karen Nelson explained that the permit application process has many aspects that need to be addressed by the applicant. She said that she would as a matter of course consult with the P&Z if a consultation seemed necessary and await the P&Z ruling. Nelson said that throughout her many years of service, she has brought issues to the P&Z when she had doubts.

Early in the review process, several P&Z members favored continuing their discussions and delaying a decision until a future meeting, but as the meeting progressed and considered residents’ concerns, all agreed that those concerns had been responded to adequately. The way was cleared for a decision.

“We can’t know every potential type of home business configuration, but we can assess effect on the neighborhood,” Timell said.

Planning Consultant Janell Mullen of the Northwest Hills Council of Governments spoke about concerns about noise generated by home businesses and how that noise might impact neighboring properties. Some residents had asked for establishing unacceptable decibel levels, rather than using the imprecise descriptor “excessive.” 

The use of the word “excessive” is intentional, Mullen explained, adding that people who determine that there is excessive noise or any other negative output emanating from a business can contact the ZEO to express their complaint. If the ZEO is unsure about the situation, Mullen said, there are state rules in effect that could be applied.

Mullen also indicated that noise can be controlled by a town ordinance, rather than a P&Z regulation, if the selectmen determine that a noise ordinance is needed.