Proposed Regulation Change For Horse Farms Draws Fire

By Andrew Gorosko

A couple next door to a Huntingtown Road horse farm is seeking to have the Planning and Zoning Commission (P&Z) place certain environmental controls on the local horse farms that have operating without formal approvals from the P&Z for the past 15 years.

Attorney Chris Smith, representing Robert and Sally Feuerberg of 90 Huntingtown Road, told P&Z members June 21 that the Feuerbergs oppose the P&Z’s proposed zoning regulation change which would provide certain commercial horse farms with limited exemptions from the “special exception” provisions of the town’s zoning regulations.

The June 21 session was a continuation of a May 17 public hearing held on the horse rule proposal. During the past several years, some residents living near commercial horse farms have complained that their proximity to stables poses quality of life, property value, environmental, and health issues.

“There is something inherently wrong with this proposal… You would be providing [land] use variances to a certain limited few” to spare them the expense of seeking a special exception to the zoning regulations to legally run horse farms, Mr Smith told P&Z members.

In exempting certain horse farms from the need to get special exceptions to do business, the P&Z would forfeit its authority and responsibility to protect the public health and safety, Mr Smith said. Matters such as stormwater runoff, odors, manure management, chemical use, noise, vehicle traffic, lighting, and hours of operation are topics requiring P&Z oversight, Mr Smith said.

“Your special exception process is there for a reason… to protect the public health and safety,” Mr Smith said.

The Feuerbergs live next to Gary and Barbara Gaydosh, who have a 33-acre horse farm at 90-A Huntingtown Road.

Mr Smith submitted an application to the P&Z on behalf of the Feuerbergs, seeking to have the couple certified as intervenors in the P&Z’s proposal. Intervenor status would give the Feuerbergs certain legal status in the case.

The P&Z’s proposed zoning amendment reads: “If prior to December 28, 1986, the caring for, boarding and keeping of horses for trade or sale and the training of boarded horses and owners of said horses occurred upon a property, then such use of property may be continued provided that such operations or buildings shall not be expanded or intensified above the level at which such activity existed on that date.”

The proposed zoning regulation would not exempt horse farms from obtaining special exceptions to the zoning regulations for expanding their facilities in the future.

The P&Z’s proposed zoning regulation change might apply to between five and eight horse farms, but it is actually unclear how many farms actually would be affected, according to Community Development Director Elizabeth Stocker.

In terms of enforcing their proposed rule change, Mr Smith asked P&Z members how they would determine what facilities existed on local horse farms on December 28, 1986, and how they would determine how those facilities have changed since then.

Intervention

In the Feuerbergs’ intervention application, they state that the P&Z’s proposed rule change would allow conduct that would cause pollution to the air, water, or other natural resources by legalizing what are currently illegal horse farms.

Stormwater runoff on such farms could convey animal wastes and chemicals that would pollute underground water supplies and wetlands, without the proper oversight and zoning enforcement by the town, thus jeopardizing the public health and safety, it states.

The P&Z proposed rule change does not provide for horse farm registration or administrative review processes, it adds.

The proposed zoning rule change would effectively grant land use variances to horse farm owners in violation of the Zoning Board of Appeals’ powers, it adds.

The lawyer makes several recommendations on how the P&Z could improve its proposed horse rule change. The P&Z should require horse farm owners to register their farms and specify the scope of those farms’ use on December 28, 1986, describing those uses with drawings. Information submitted by horse farm owners should document that those farms do not damage the air, water, natural resources, wetlands, watercourses, or aquifers, according to the lawyer.

Also, horse farm owners should submit periodic reports to the P&Z attesting that the scope of their facilities has not expanded, he adds.

Mr Smith said the Feuerbergs do not have any current complaints about the horse farm next door to them, but asked P&Z members to “tighten up” their horse rule proposal by creating a review process for affected horse farms, which is somewhat less stringent than the P&Z’s special exception review process.

 Attorney Chris Leonard, representing the Gaydoshes, said the Gaydoshes have owned their property, where they board and train horses, since the early 1980s.

The zoning regulation which the P&Z proposes is a good and sensible way to resolve various legal issues at local horse farms that do not have the required special exceptions from the P&Z, Mr Leonard said.

Such a regulation would reduce the time and money that horse farm owners would need to spend applying for zoning approvals for facilities that already exist, he said. The regulation would also spare the town time and expense concerning such zoning applications, he added.

Currently three local horse farms have special exceptions to the zoning regulations to conduct their businesses.

The special exception review process provides P&Z with an extra measure of control over the operation of businesses that are subject to the special exception requirements of the zoning regulations.

Comments

Judy Holmes, who owns Fox View Farm, a horse farm at 25 Hundred Acres Road, said she received a casual approval for horse boarding from the town zoning official 18 years ago for the 70-acre farm. The property also is used for hay production and Christmas tree farming.

A major fire last December destroyed a horse barn at the farm. Animals kept at the farm escaped injury. A new barn has been built to replace the destroyed one.

Ms Holmes urged the P&Z to approve its proposed zoning regulation on horse farms.

Ms Holmes said it is unfair to call horse farms “illegal” land uses after those horse farms’ owners had received casual verbal approvals for their horse farms in the past from the town. The town had not strictly enforced its regulations on horse farms in the past, she said.

In calling for the P&Z to approve its proposed equine regulation, Ms Holmes said it would be expensive for horse farm owners to apply for special exceptions to the zoning regulations.

Toby Tamblyn of 11 Orchard Hill Road said that if horse stables are forced out of town for regulatory reasons, it would hurt the community.

Lenore McAuliffe of 121 Huntingtown Road said she has operated a horse farm for years and has never received complaints about it. Ms McAuliffe said she has practiced correct horse manure management.

Patrick McAuliffe, of the same address, said that he received a verbal approval for the horse operation in the past from the town zoning official. Mr McAuliffe said he would consider taking legal action if that approval is challenged.

Leslie Tolles of Aunt Park Lane told P&Z members that if the P&Z’s proposed amendment is turned down, it would encourage sprawl development and jeopardize open space areas.

Nicole Butler of Hi Barlow Road voiced her support for the P&Z’s proposed horse regulation, saying she understands the value of farming and horse ownership.

Alisa Hudson Tolles of Aunt Park Lane expressed her fondness for horses. “To me, Newtown is nicer because of our horses,” she said.

Jamie Morris of 92 Huntingtown Road said, “Everybody loves horses here in Newtown.”

But, Mr Morris continued, the P&Z’s proposed regulation would eliminate his right to have a formal say over what his horse-owning neighbors do with their property.

Mr Morris recommended that the P&Z withdraw its proposed zoning amendment on horses and then form a horse regulations study panel. Mr Morris said he wants to have a say over what happens at the horse farm near his residence.

Because the P&Z initiated the proposed horse regulation, there is no time limit for the agency to act on the matter.