The session began with the reorganization of the board and the swearing in of members including Deputy Mayor Scott Lavender, Teresa Dill, Brendan Rae, and new member Tony Opalka. The board attorney administered the oaths, establishing a quorum. Don Richardson was appointed as chair and Tom Jones as vice chair for the upcoming term. The board also unanimously accepted multiple appointments and established the meeting schedule.

The most notable issue of the meeting was an application for minor site plan approval for the establishment of a small acupuncture practice at the home of the applicant, identified as Michael. The proposal was to see initially one to three patients a week, potentially increasing to 12-15 patients per week. Michael provided detailed documentation of his credentials, including a doctorate in acupuncture and Chinese medicine, state license, national board certification, and a specialized certification in neurom Meridian acupuncture style. His practice was to be situated within 177 square feet of his residence, in line with the ordinance limiting home office use to not more than 25% of the floor area of one story of the dwelling.

Elizabeth Leheny, the board’s professional planner, questioned the applicant regarding the standards for a home office. Michael gave an account of his training and certifications, and the nature of his current practice in Wayne. The board discussed the specifics of the proposal, including hours of operation, patient visits, parking arrangements, and the potential impact on the neighborhood.

Residents voiced their concerns about the proposal, with one highlighting the importance of the neighborhood’s perception of safety, security, and market value, and a retired law enforcement officer pointing out the risks to children due to increased traffic. Others feared changes to the character of the area, with the history of opposition to previous development attempts cited.

Contrastingly, some residents presented a more moderate view. They referenced previous home-based businesses that operated without causing major disturbances.

The debate then focused on potential implications for the neighborhood and the community’s growth. Concerns were raised about the impact on the neighborhood’s infrastructure and residents questioned the overall betterment to the community. The board also deliberated on whether the proposal required a d35 or d36 planning variance. The Attorney and members discussed the municipal land use law, concluding that due to the absence of structure erection or installation, a variance might not be required. However, the necessity of a variance for parking space deficiency was acknowledged, due to the parking arrangement on King Drive not meeting the ordinance.

Throughout the discussion, the board articulated the importance of aligning the proposed home office with the town’s regulations and the neighborhood’s character. The applicant assured the board of his intention to maintain a quiet residential feel and comply with all town regulations. The board also considered the need for additional variance relief related to the driveway’s connection to a paper street, which was utilized by the Sewer Department but not accepted as a lawful street by the town.

The applicant, Michael, outlined his preference to not have additional employees in the home office and to limit patient traffic. A condition was discussed to stipulate no on-site employees other than the applicant as part of the approval. Additionally, the board sought clarity on the time limits for home offices in residential zones and the need for regulations to prevent expansion or change of the business type in the future.

The board discussed the practicality of deed restrictions versus resolutions, with some members questioning the necessity of restrictions and others supporting them. After much debate, the board approved the application with specific conditions and without the requirement for a deed restriction, with some members voting in favor and others abstaining.

Finally, the board addressed other agenda items, such as moving a bus stop to improve traffic flow and upcoming subdivision applications. The preapplication review process was revisited, with plans to address pending matters and reinitiate certain committees.