Home Yoga Studio Receives Falmouth ZBA Approval
A yoga studio run out of a home in Falmouth has received unanimous approval from the zoning board of appeals to resume operations.
Michele C. Brandt, the applicant, is a professional yoga instructor who was conducting classes out of the second-floor studio in her home at 95 Club Valley Drive for some time before being notified that she needed a special permit from the ZBA.
As a home occupation the use of Ms. Brandt’s home would typically be by right, but because Ms. Brandt’s lot is considered to be undersized, she was informed in March through a cease and desist order from building commissioner Gary Street that she was required to obtain a special permit to continue conducting classes.
During the time that it was operating, Ms. Brandt’s Happy Soul Yoga—which she runs by herself—developed a solid base of supporters. A total of 28 letters were sent to the board in support of the yoga studio, with an additional four-sheet petition containing some 50 signatures from neighbors and patrons.
“Michele is a certified yoga instructor and the home occupation would involve prescheduled private sessions for individuals, couples and small groups,” said Ms. Brandt’s attorney, Robert Ament. “Michelle teaches stretching, balancing and strengthening exercises, and the benefits include prescribed therapy and pain relief. A number of the letters submitted to the board attest to the importance of what Michelle does [for] her students.”
The studio itself, which has been renovated, is about 440 square feet and can comfortably accommodate about six people, Mr. Ament said. Though her lot is considered small as it is under 45,000 square feet, Mr. Ament said it is of ample size to suit her proposed home occupation and will have no adverse impacts on the neighborhood.
In illustrating the key differences between a home occupation and home-based service business, Mr. Ament explained that there will be no exterior evidence of the yoga studio aside from Ms. Brandt’s two allowed parking spots on her property and a small sign advertising the business, which are both allowed by right. There will be no exterior storage or function related to her business, and there will be no merchandise or goods sold on the property. Generated traffic will be minimal, Mr. Ament said, and will not be greater in volume than what would be normally expected in the neighborhood.
To emphasize the great support Ms. Brandt and her business have received from neighbors, Mr. Ament provided the board with a color coded map that highlighted the residences surrounding Ms. Brandt’s that have voiced support for her business.
“The map shows persuasively that neighbors who could be affected don’t think there’ll be a problem,” Mr. Ament said. “And these positive expectations are actually based on experience. Michelle operated her home studio for many months during COVID until she learned earlier this year from the notices you’ve referred to that because the lot is undersized, a special permit is needed….She now knows that there is a two-car limit and her studio will operate accordingly.”
One letter of opposition to the project was received, which Mr. Ament addressed by saying that the opposition contained in that letter had less to do with the particulars of Ms. Brandt’s proposal and more to do with the assertion that the Ashumet Valley neighborhood is an entirely inappropriate location for any home occupation. Mr. Ament said that this view is diametrically opposed to what the zoning bylaw allows.
“The yoga studio will have no adverse effects at all on either the neighborhood or the town,” he told the board. “The special permit will allow Michele to maintain her attractive property, perhaps increase its value—which is a benefit to the town—and to offer her beneficial teaching in a calm, soothing and affordable residential setting. Several letters to the board have described how important that is to [patrons].”
The board held minimal discussion after the public hearing. Understanding that the studio caters to “small groups” of about six people, the project was conditioned to ensure that yoga classes are no larger than the two-car limit imposed by the bylaw. It passed unanimously.