Neighbors Object To Horse Farm Arena

By Andrew Gorosko

The Zoning Board of Appeals (ZBA) is considering an appeal from two Stone Gate Drive couples who are seeking to prevent a nearby Morgan Drive couple from building an enclosed 9,864-square-foot horse arena.

Mr and Mrs Christopher Maurer of 12 Stone Gate Drive, and Mr and Mrs Robert Sapienza of 6 Stone Gate Drive, are appealing Zoning Enforcement Officer Gray Frenette’s approval, granted last December to Annette and Brian Sullivan, of an arena on their horse farm at 5 Morgan Drive, known as Zoar Ridge Stables. The arena has not yet been built.

Last year, the Sullivans’ proposal to build a somewhat larger horse arena on their property became a controversial proposition, as Stone Gate Drive neighbors opposed to the project strongly protested the idea, saying the presence of an arena would hurt their quality of life. At that time, the Sullivans sought construction of the arena for commercial purposes, in connection with expanded operations at the 30-acre farm.

In the construction application approved by Mr Frenette last December, the Sullivans explained the horse arena would be constructed for personal use, as an “accessory use” of their property.

After the Planning and Zoning Commission (P&Z) rejected the earlier horse arena construction proposal last June, the Sullivans sued the P&Z in seeking to overturn the rejection. That lawsuit is pending in Danbury Superior Court.

In their appeal to the ZBA, the Maurers and Sapienzas claim the zoning enforcement officer made an error in approving arena construction because the building which the Sullivans have proposed cannot legitimately be considered an “ accessory use” of the Sullivan property.

At a public hearing on the ZBA appeal March 1, attorney John Fallon, representing the Maurers and the Sapienzas, told ZBA members the proposed arena is several times larger than typical homes in the neighborhood. Unless the ZBA places limits on what can be legitimately considered an accessory use of a property, it would wreak havoc with the concept of zoning, he said.

Mr Fallon questioned whether the Sullivans would strictly limit the arena to their personal use.

The Sullivans’ construction proposal is an attempt to get around the P&Z’s past rejection of their request for a special exception to the zoning regulations to build an arena for commercial purposes, Mr Fallon said. Allowing the Sullivans to build the arena would set a dangerous precedent, he said.

 Mr Sapienza told ZBA members, “This is not a small shed. This is not something you put your lawnmower in. This is a large commercial building… We believe that this will not be in harmony with the neighborhood.” The presence of the facility would adversely affect area property values, he said.

Mr Maurer said the proposed arena would be larger than all the other buildings combined at Zoar Ridge Stables, adding that he does not want such a building standing near his house. Mr Maurer said he does not believe the Sullivans would keep such a structure for personal use only.

“There’s a process for this. They tried it, and they failed, and now they’re trying to go through the back door. It’s not fair,” he said.

Attorney Robert Hall, representing the Sullivans, said the town has approved similar private horse arenas for other residents in the past. The lawyer provided aerial photos to make his point.

“We will certainly concede that not every house in Newtown is going to have an indoor riding arena,” he said, but added that such land uses do exist locally.

Ms Sullivan told ZBA members she needs an arena to allow her seven horses to exercise during bad weather to keep them fit and in good shape for riding. Ms Sullivan said that if she does not gain court permission for a special exception to the zoning regulations to build the arena for commercial use, she still wants to build an arena for personal use.

Resident Sharon Folger of Huntingtown Road told ZBA members she received town permission in the past to build an as-yet unbuilt horse arena.

The difference between her gaining that approval and the Sullivans having difficulty in building an arena appears to be that her neighbors did not oppose her plans, Ms Folger said.

ZBA members are expected to discuss the appeal from the Maurers and the Sapienzas when they meet April 5. The ZBA has until early May to decide the case.