KENT, Conn. — Alison Palmer and Steve Katz have sought and received a modification of their earlier special permit for a home occupation.
The move the week of Monday, April 14, grants them the right to hold 12 workshops on up to 48 days a year, with no workshop to run more than four consecutive days.
The modified permit also allows the workshops to operate for an extra two hours each day, ending by 6 p.m.
In February, the PZC had granted the couple the right to operate workshops for a total of 12 days with no session lasting more than five days. Hours had been set for 10 a.m. to 4 p.m.
The couple operated their workshops out of their home in Stone Fences for 17 years without a formal permit from Planning and Zoning. There were no complaints from neighbors until last year when some new people moved into the subdivision. Those residents objected to the traffic generated by people arriving and leaving the workshops over the private road.
The Stone Fences housing association has its own regulations governing conduct in of homeowners. It specifically excludes commercial operations. In its earlier decision, the Planning and Zoning Commission noted that its sole concern is the town’s regulations and not those of the housing association
In applying for the modified permit, Katz and Palmer suggested that commission members had not fully understood the ceramic process, or the time frame needed for workshops.
“We were remiss in not explaining our process,” Katz said. “The permit granted would not be sufficient for us to stay in business and we would not be able to afford our home. Without these programs we would have to sell our house.”
Palmer, a world-renowned potter, contended that traffic to and from her workshops constitutes only a fraction of the volume generated by deliveries by USPS, FedEx, UPS, Amazon. She added that the daily trips to schools and jobs undertaken by Stone Fences residents, add up to—in her estimation—some 2,400 cars traveling the road each month.
“On average, for a four-day workshop, five cars would make 40 passes along the road,” she said. “If there were 10 cars, it would be 80 passes. That would be only 3.33 percent of the traffic in Stone Fences in a month. We kind of feel it’s our road, too.”
Katz said to minimize traffic, they have asked their clients to carpool. A recent workshop for 12 people required only three cars. Clients have been asked to bring their lunches or to order lunches that are transported in one car to reduce mid-day traffic.
“We are willing to, and have made reasonable compromises with our neighbors,” said Katz. “We have asked our clients to obey the speed limit and to be courteous of pedestrians. We have no campers or RVs on our land, and our students all find offsite accommodations.”
Several of the residents of the community continued to oppose the studio’s programs. They asserted that Palmer has continued to operate her workshops in defiance of the PZC permit’s limitations. They asked what enforcement actions the town can take in the case of violations.
David Stoneback, who moved to the neighborhood last year and who Katz and Palmer have accused of stalking their clients, cited the schedule of workshops Palmer posted.
“You established a set of conditions and limitations that were deviated from within a month,” he said. “I made a formal complaint, and no actions have been made. I find it frustrating. If a permit is issued with conditions, how does Kent make sure the conditions are adhered to? I don’t want to be accused of stalking, but also don’t want a permit to be issued and the conditions ignored.”
“We can issue a cease-and-desist order, but we do not have a police force to monitor special permits,” said PZC Chairman Wesley Wyrick said.
Violations can be referred to Superior Court or the PZC can revoke a special permit after due process.
Realtor Chris Garrity said that what is germane to him as a real estate agent is “expectations.”
“Expectation is based on my research, what is conveyed to buyers and purchasers,” he said, asking how he can make representations about properties if the Planning and Zoning Commission makes one decision and then alters it. “How can I anticipate [what to say about] the next place I sell if I don’t know what might happen here.”
He said the previous decision made by the PZC was “proper” and didn’t need to be changed and noted that special permits run with the land. Thus, a future owner of the Katz/Palmer property would have a permit in place for a home occupation.
Stone Fences resident Stefanie Handsman underscored his point. “It’s a residential issue,” she insisted. “When we bought the land, the rules were made clear to us as to what our responsibilities and limitations are. I really believe the PZC was generous in finding a compromise. They have not complied with that, and for them to be granted further days—when does it stop?”
Katz and Palmer continued to stress that they need to conduct workshops if they are to remain in their home of 27 years. They also argued that this year’s workshops, which attracted clients from as far away as Denmark, Japan and Wales, were already scheduled and subscribed to before the February PZC decision. They asked that they be allowed to operate as usual this year before complying with any modifications.
John Gebaur, president of the Stone Fences Association, said the “Association renews our concerns expressed during the original process. We do not support a modification. As much as we have heard commentary about the importance of art, our position does not address that. When Alison extended doing art to workshops—that is not art. That’s a commercial activity.”
But Bruce Carroll, a near neighbor to Katz and Palmer, said the people objecting to the student are “relatively recent residents.” “They need to accept what was a pre-existing condition,” he said. “It’s something that could have been accepted and dealt with. I object strenuously [to the complaints.]”
When the commission turned to its deliberations, members noted that they had not understood that ceramic workshops were multi-day events.
“I see two people trying to solve a problem,” said member Anne McAndrew. “They are saying that going forward they are willing to comply. They just can’t cancel workshops that are years in the making.”
“I didn’t fully appreciate the working of a workshop,” admitted Wyrick. “We’re not trying to change their business plan, but there are two sides to this.”
Member Karen Casey said, “I feel since this came bubbling up out of the blue, we should try to accommodate [Katz and Palmer in 2025] and make it more palatable [for the other residents] in 2026.”
Member Darell Cherniske said the studio is a permitted activity and that, for the town, zoning takes precedence over the HOA bylaws. He agreed that the limit on workshops should be reduced to four days.
Sarah Chase acknowledged that changing from a total of 12 days a year to a potential of 48 days “is a pretty big modification,” but moved that the change be made, a motion that was approved.
Cherniske issued that caveat that limiting them to 12 workshops a year at a point four months into 2025, should not be construed to grant Katz and Palmer 12 more workshops this year. “The workshops they have already held should be deducted,” he said.
