Date: Fri 11-Jun-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Zoar-Ridge-Stables

Full Text:

P&Z Turns Down Horse Farm Expansion Plan

BY ANDREW GOROSKO

In light of strong neighborhood opposition, the Planning and Zoning Commission

(P&Z) has denied a Sandy Hook couple's request to expand horse farm operations

at their Zoar Ridge Stables on Morgan Drive.

In the application, Annette Ammentorp and Brian Sullivan of 5 Morgan Drive

sought a special exception to the zoning regulations to build a

10,368-square-foot indoor horse riding ring, to board horses, and to train

boarded horses and train their riders. The farm also sought P&Z approval to

build a 1,728-square-foot addition to an existing barn and build a new

720-square-foot barn.

At a past public hearing, Stone Gate Drive neighbors of the stables

strenuously opposed the horse farm's expansion plans on quality-of-life

issues, including the effect the presence of horse manure would have on the

neighborhood.

In considering the stable's application at a June 3 P&Z session, two P&Z

members voiced opposition to the horse farm's proposal for expanded

activities.

"Several things didn't seem to fit. I really feel that we need to listen to

concerns of neighbors and abutters. I just think this is too much of an

expansion of this operation in this area," said P&Z member Stephen Koch.

P&Z member James Boylan observed "I don't think this expansion is in keeping

with the character of this neighborhood."

"It's going to look like a small airport hangar," Mr Boylan said of the

proposed horse arena. "I think it's going to be detrimental to the

neighborhood and the neighbors," he added.

But P&Z Chairman Daniel Fogliano had a different view of the horse farm

proposal.

The presence of horses is a defining element of the town's character, he said,

adding that keeping horses amounts to farming.

Mr Fogliano warned that if the stable's application wasn't approved, the

30-acre parcel could become the site of a residential subdivision. "Sure as

we're sitting here, this will be houses," he said.

But Mr Koch observed that allowing up to 28 horses and their trainers on the

farm would change the basic character of the neighborhood.

P&Z member Robert Taylor said he generally favored the application but

suggested the applicants reduce the number of horses which would be kept at

the farm. He suggested that the applicants seek to expand their operation in

stages.

But Mr Koch pointed out that in the past the applicants "continued to jump the

gun" by developing their property before gaining P&Z approvals.

The applicants disregarded P&Z regulations in the past, Mr Boylan said, adding

that the pending application lacked much required information.

Of the proposal he said "It's too much. It's too big. It's too much all of a

sudden."

Zoar Ridge Stables had submitted its expansion proposal to the P&Z last year,

but withdrew it because the plans were incomplete.

The farm resubmitted plans at a January public hearing, but withdrew them in

February in the face of intense neighborhood opposition to the expansion

project. Since that withdrawal, the applicants resolved zoning issues stemming

from their failure to obtain town permits for past construction work and

operation of a horseback riding school.

"We don't have to act on this tonight," Mr Fogliano told P&Z members in

suggesting the P&Z could place certain limits on the number of horses and

trainers at the stables.

Complex Vote

Citing the high level of formal opposition to the proposal submitted in

writing by nearby property owners, P&Z member Lilla Dean said P&Z rules would

require a 4-to-1 majority vote to approve the application.

Mr Koch then moved that the P&Z deny the application because it doesn't comply

with applicable regulations. Mr Boylan seconded the motion to defeat the

application.

In the vote on that motion, Mr Koch and Mr Boylan voted to deny the

application. Mr Fogliano, Mr Taylor and Ms Dean opposed that motion, in

effect, supporting the application.

P&Z members then determined that although only two of the five members voting

on the motion had opposed the application in the vote, the application was

denied because it effectively had the support of only three members, not the

required four members.

The P&Z's effective denial of the application was "without prejudice," Mr Koch

said. When applications are rejected without prejudice, applicants may reapply

to the commission without undergoing a customary one-year waiting period.

Reaction

Following the denial of her application, Ms Ammentorp said the regulatory

review of the plans to expand operations "has become an enormous expense for

us."

The horse farm has had several offers from developers to residentially

subdivide the farm, she said. Ms Ammentorp said she's not sure what she and

her husband will do next in the matter.

"We're kind of tired of the whole thing," she said, adding she's not inclined

to return with yet another application, saying she had tried to appease the

town in the latest application.

Ms Ammentorp said she and her husband will consider selling the farm. "This is

our third time. We're tired of it. We have to look into other options," she

said.

Conflict Charge

On June 3, Mr Fogliano commented on a conflict of interest allegation raised

against him at a tense May 20 P&Z meeting by attorney John Fallon representing

neighbors opposed to the horse farm expansion.

Mr Fallon had asked Mr Fogliano to disqualify himself from voting on the Zoar

Ridge Stables application because Mr Fogliano's wife, Cindy Blackman-Fogliano,

is president of the Newtown Bridles Lands Association, a local equestrian

group. On May 20, Mr Fogliano rejected that allegation, saying no conflict of

interest exists.

Mr Fogliano said June 3 that in January he had P&Z attorney Robert Fuller

submit a legal opinion to him on the conflict issue.

Opponents of the application who had raised the conflict of interest issue had

a copy of Mr Fuller's opinion on the matter in January, Mr Fogliano said.

"There is a legal opinion on this matter," Mr Fogliano said.

In a January 27 letter to Mr Fogliano, P&Z Mr Fuller writes, in part, "Whether

or not to disqualify oneself is a decision for the commission member, not the

other commissioners or the town attorney... The conflict of interest cases are

based on the facts in each situation, and to some extent the answer is a

matter of opinion, but my impression based on the above facts is that a

conflict claim [against you] would probably fail if raised in an appeal."