Date: Fri 16-Feb-1996

Publication: Bee

Author: ANDYG

Quick Words:

horses-ZBA-neighbors

Full Text:

Neighbors Get No Relief Over Complaints About Horses

The Zoning Board of Appeals (ZBA) has upheld a decision of the town's zoning

enforcement officer in connection with complaints filed over the keeping of

horses at a Bennetts Bridge Road property.

Residents Thomas J. and Carolyn E. Monahan of 40 Bennetts Bridge Road and

Peter B. and Diane D. Wolcott of 2 Gelding Hill Road have complained to town

zoning officials that horses kept at 42 Bennetts Bridge Road by John Staley

and Claudia Luongo produce foul manure and urine odors.

The Monahan and Wolcott properties are on opposite sides of the Staley-Luongo

property.

The Monahans also have complained that a barn on the Staley-Luongo property

that is used to house horses is within 100 feet of a property line.

Mr Nicholson said that although current zoning regulations require that a

structure used to house horses be at least 100 from a property line, the barn

in question was built before the town's zoning regulations went into effect,

and is thus allowed by the regulations.

In a complaint filed last October with the town, the Monahans wanted Zoning

Enforcement Officer William Nicholson to issue a cease-and-desist order to

resolve the horse odor situation.

Mr Nicholson said he determined that the keeping of horses on the

Staley-Luongo property doesn't violate the town's zoning regulations so he

didn't issue an order. The town's zoning rules allow horses to be kept in

residential zones, he said.

ZBA members decided February 7 they have no jurisdiction to make Mr Nicholson

issue a cease-and-desist order over the horse odor complaint.

Also, ZBA members decided they have no jurisdiction in the Wolcott complaint

because the Wolcotts didn't meet a filing deadline for the complaint.