Strong feelings at P&Z meeting on home business regulations

CORNWALL— Envisioning a future where town residents can operate a small business from their homes, the Planning and Zoning Commission (P&Z) held a public hearing on Tuesday, April 13. 

The hearing was held on Zoom and drew 71 participants to the discussion. Some spoke up in support and some expressed concerns.

So many written comments had been received in advance —  and others were aired at the hearing — the commission members voted unanimously to continue the hearing until May. 

Residents who wish to add their written comments should send them to the town clerk.

The changes under discussion would clarify regulations governing “home uses” and whether special permits are required for some types of businesses but not others.

The discussion has been underway for 21 months, having begun in 2019; the details are reflected in the 2020 Cornwall Town Plan of Conservation and Development (POCD). The current proposed change, now in its seventh draft, was contributed to by Northwest Hills Council of Governments (NHCOG) Planning Consultant Janell Mullen, who works closely with town officials in planning matters.

The goal is to encourage the development of small, reasonably quiet, low-intensity home businesses. The proposed changes in wording define three types of home businesses. 

• A home office with no employees would not require a permit. 

• A minor home business would need a permit, but issuance of such a permit would not require a formal hearing. 

• A major home business would need a special permit, requiring a detailed application and formal hearing process.

Trying to correct the record

P&Z Chairman Anna Timell reviewed the contents of correspondence, attempting to clarify points of misunderstanding about the proposed regulation changes. She indicated that the amendments to the regulations exist within the current regulations’ framework, although the amended regulations would be more stringent.

“No application for a special permit is ever automatically approved,” Timell said, adding that the Zoning Enforcement Officer (ZEO) circulates regularly around the town looking for any modifications to existing businesses that might suggest non-compliance.

“Anything that is problematic, the ZEO deals with,” Timell noted.

Several residents had concerns about parking and noise, Timell said, and she agreed that the new regulations could leave room for noise monitoring, if the P&Z agreed.

Relying too much on unreliable information circulated on social media can be problematic, Timell said. “We are the people who can answer your questions,” Timell said on behalf of the P&Z.

Concerns about
the NHCOG

Speaking in favor of the changes, resident Rocco Botto said, “This is the right move for Cornwall.”  He noted that many of the changes stem from the 2020 POCD, making it easier for residents to work from home. “You are free to live your best life,” he said.

Resident Terry Burke applauded Botto’s position.

Having circulated a petition that gathered 96 signatures, Ann Zinsser and the signators to the petition were concerned about any level of influence that NHCOG may have exerted over the process of developing the changes. The NHCOG is an organization made up of the first selectmen of 21 towns in this part of Litchfield County.

Timell assured listeners that the P&Z is responsible for decision-making on the regulations, not the NHCOG.

Accommodating the new trend

First Selectman Gordon Ridgway commented that he was pleased to see so many interested people and he spoke of how the update came about, due to the large numbers of residents working from home.

“The old regulations covered people who sold jams and jellies,” Ridgway said, but now that more people are working from home, their activities might not align with the current regulations.

“We want to bring people into compliance,” Ridgway explained. The current regulations would require many people to obtain special permits, he added, saying that the town regulations need to embrace creativity and modern workstyles. 

Resident Duncan McClelland expressed concern about accessory buildings that might be built and called for restrictions on size of such structures.

Some restrictions
would be helpful

Former P&Z Chair Dave Colbert agreed with Ridgway, saying, “It makes all uses easier.”He pointed out, however, that the scope brought him some discomfort. He said that special permits are useful for imposing conditions designed to protect adjacent landowners. The new regulations do not address hours of operation, he noted, suggesting that the P&Z categorize applications according to the business’ potential for distress to neighbors.

Noise concerns were raised by resident Jamie Longhi, who said he was pleased to see new families coming to Cornwall and he asked for site plan review for noise potential.

Resident Joanne Wojtusiak said she was pleased to see the turnout for the hearing and added that she thinks the ZEO is overworked meeting the demands of the position. She observed that home businesses are not new to the town.

Representing the Economic Development Commission (EDC), Janet Carlson said that an important aim of the EDC is to seek to ensure that new businesses are a good fit with the neighbors. “It’s not done overnight,” Carlson added.

“It’s so important to get it right,” resident Caroline Nastro urged, suggesting that any vote on the proposed regulation changes be delayed until residents can gather in person. She felt that more discussion is needed. The old regulations, she observed, were based on “best practices” used by area towns and implemented in their own regulations.

Discussion will continue at the next P&Z meeting scheduled for Tuesday, May 11.