Date: Fri 28-May-1999

Publication: Bee

Author: ANDYG

Quick Words:

Fogliano-conflict-horse

Full Text:

Fogliano Dismisses Conflict Of Interest Charge

BY ANDREW GOROSKO

Planning and Zoning Commission (P&Z) Chairman Daniel Fogliano has rejected an

allegation that his voting on a horse-related application poses a conflict of

interest because his wife is president of a local equestrian group.

Attorney John Fallon of Fairfield leveled the conflict of interest charge at a

tense May 20 P&Z meeting. At the session, P&Z members conducted the second

installment of a public hearing on a Sandy Hook horse farm's application to

build an indoor horse arena and expand its operations.

Mr Fallon represents a group of Stone Gate Drive residents who are upset over

the expansion proposal submitted by Zoar Ridge Stables. The residents say an

expansion of horse farm activity would damage their quality of life. The

residents expressed their concerns over the horse farm expansion proposal at

the emotional first installment of the public hearing April 15.

Mr Fallon told P&Z members the April 15 session had been one of the most

difficult public hearings he has encountered in 23 years of practicing law.

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

Ridge Stables expansion proposal because Mr Fogliano's wife, Cindey

Blackman-Fogliano, is president of the Newtown Bridle Lands Association.

"There is no conflict of interest," Mr Fogliano told Mr Fallon. The

association is a non-profit organization, Mr Fogliano said.

"For me to disqualify myself would be a violation of my constitutional

rights," Mr Fogliano added. "I will not disqualify myself, Mr Fallon," Mr

Fogliano said.

Mr Fogliano said he is aware of what constitutes a conflict of interest under

state law and he does not have any conflict of interest because his wife is

president of the equestrian group.

In the past, Ms Blackman-Fogliano, on behalf of the horse association, has

commented in person and via letter about horse-related development proposals

pending before the P&Z. Horse association members often comment at public

hearings on horse-related proposals pending before the agency.

P&Z member Stephen Koch said he believes the basis of the neighbors'

complaints about the Zoar Ridge Stables expansion proposal stems from what

amounts to a horse farm evolving into a horse-related business. Someone other

than the farm's owner had been providing riding lessons on the owner's land in

the past, Mr Koch noted.

At the May 20 P&Z session, a letter from the town's health district reiterated

its support of the horse farm expansion project.

At the April 15 hearing, Mr Fallon had questioned the technical merit of the

health district's support of the horse farm proposal. Mr Fallon again disputed

the health district's findings May 20.

Mr Fallon distributed various environmental information to P&Z members

concerning the effects of horse manure on groundwater quality.

Mr Fogliano said he and P&Z members will review the technical information

presented by Mr Fallon in deciding on the application at an upcoming session.

Application

Annette Ammentorp and Brian Sullivan of 5 Morgan Drive are seeking 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 is seeking P&Z permission to build a 1,728-square-foot

addition to an existing barn and build a new 720-square-foot barn at Zoar

Ridge Stables.

Stone Gate Drive neighbors of the stables, however, have strenuously opposed

the horse farm's expansion plans on quality-of-life issues. Morgan Drive is a

short dead end street off Jeremiah Road, near Bennetts Bridge Road.

Zoar Ridge Stables had submitted its controversial 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 failure to obtain town permits for past construction work and operation

of a horseback riding school.

The farm is seeking P&Z approval to stable 28 horses, the maximum amount

allowable under applicable zoning regulations.