Date: Fri 25-Jun-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Zoar-Ridge-Stables

Full Text:

P&Z's Ambiguous Vote On Horse Farm Prompts A Request For A Legal Opinion

BY ANDREW GOROSKO

The Planning and Zoning Commission (P&Z) is seeking legal advice on whether

its recent rejection of Zoar Ridge Stables' controversial application to

expand horse farm operations on Morgan Drive in Sandy Hook actually was a

rejection.

At a June 17 P&Z session, member Heidi Winslow questioned whether the land use

agency's June 3 denial of the application constitutes a legally sound denial.

Ms Winslow, an attorney, asserted the June 3 vote on the application isn't

legally binding and the application is still pending. Ms Winslow didn't attend

the June 3 session. She based her comments on information contained in the

P&Z's June 3 meeting minutes.

Ms Winslow said that P&Z members acted on a motion to "reject" Zoar Ridge

Stables' application to expand operations, instead of acting on a motion to

"approve" the application, thus invalidating the action taken.

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

proposal met with strenuous opposition from nearby Stone Gate Drive residents

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

of life.

Complex Vote

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 the

required 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.

Legal Opinion

In light of Ms Winslow's assertion that the June 3 vote was invalid, Mr

Fogliano said he will seek P&Z attorney Robert Fuller's legal opinion on the

matter.

The applicants will be informed about the P&Z's uncertainty on the June 3 vote

which rejected their application, Mr Fogliano said.

The chairman said he will listen to the audio tapes of the voting in

considering Ms Winslow's claim.

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. The farm sought P&Z approval to stable up to 28 horses

at the 30-acre facility.