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Horse Farm Owners Sue P&Z

BY ANDREW GOROSKO

The owner of a Sandy Hook horse farm who requested Planning and Zoning

Commission (P&Z) permission to expand operations, but was turned down, has

sued the P&Z in seeking to have a judge order that her controversial

application be approved.

In a lawsuit filed June 25 in Danbury Superior Court, Annette Ammentorp of 5

Morgan Drive, owner of Zoar Ridge Stables, sues the P&Z over its June 3

rejection of her application for a special exception to the zoning regulations

to expand operations at the 29.7-acre farm.

During the public hearing stage of the application, the horse farm expansion

proposal met with strenuous opposition from nearby Stone Gate Drive residents

who loudly protested that expanding the farm's operations would damage their

quality of life.

According to the lawsuit, the application was complete and complied with the

requirements for a special exception to the zoning regulations.

The lawsuit alleges the P&Z's June 3 vote on the application was technically

flawed. Based on letters of objection against the application which were filed

by nearby property owners, P&Z members believed that four affirmative votes,

not three affirmative votes, would be needed to approve the application,

according to the lawsuit.

But only three affirmative votes would have been needed because the letters of

objection filed did not amount to 20 percent of the land area, exclusive of

streets, within 500 feet of the boundaries of Ms Ammentorp's property,

according to the lawsuit.

Ambiguity

At the June 3 P&Z meeting, 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.

P&Z member Stephen Koch then moved that the P&Z deny the application because

it doesn't comply with applicable regulations. P&Z member James Boylan

seconded the motion to defeat the application.

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

application. P&Z Chairman Daniel Fogliano, member Robert 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

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

members.

The P&Z denied the application "without prejudice," meaning the applicants

would be able to submit a new application, if they choose, without undergoing

a customary one-year waiting period.

The application denied June 3 was the third one which had been submitted by

the farm. The applicant had withdrawn two previous submissions.

The lawsuit contends the action of the P&Z was arbitrary, capricious and in

abuse of the discretion vested in it.

Ms Ammentorp is represented by attorney Robert Hall. The town has an August 10

answer date in Danbury Superior Court.

At a June 17 P&Z meeting, P&Z members agreed to seek legal advice on whether

its June 3 rejection of Zoar Ridge Stables' application to expand horse farm

operations actually was a rejection. P&Z member Heidi Winslow, an attorney,

had questioned whether the June 3 rejection was a legally sound denial of the

application.

In the application, Annette Ammentorp and her husband, Brian Sullivan, 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. The farm sought P&Z approval to stable up to 28 horses at the 30-acre

facility.