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ZONING BOARD OF REVIEW
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APPLICANT (S): KENNETH R. & CYNTHIA A. MERCER
DATE: January 12, 2010
FILE NO: 2009-14
A RESOLUTION DENYING
A SPECIAL USE PERMIT AT L0T: 8
ASSESSOR’S MAP: 90
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on December 8, 2009, wherein the instant matter was considered.
WHEREAS, KENNETH R. & CYNTHIA A. MERCER: Applicant(s), and Kenneth R. & Cynthia A. Mercer, Owner(s) of property on 645 Round Top Road, Pole # 60, in the Village of Harrisville, Town of Burrillville, Assessor’s Map: 90 Lot: 8 in the F-5, A-80 Zoning Districts has/have filed an application for a special use permit to have 2 horses. Zoning Ordinance 30-71 Zoning District Uses, Section 1 #1.
WHEREAS, all members of the Burrillville Zoning Board of Review viewed the property on or before the public hearing
WHEREAS, the Burrillville Zoning Board of Review held a public hearing on this application at its December 8, 2009 meeting after due and public notice as provided under the Burrillville Zoning Ordinance and Rhode Island General Laws;
WHEREAS, at said hearing all those whom desired to be heard were heard and their testimony recorded;
WHEREAS, the Burrillville Zoning Board of Review finds as a fact that:
- Kenneth Mercer, applicant and owner, testified that for 35 years he has been training bird dogs. He noted horses are now being ridden during the field trials. He testified that having two horses on his property would help him continue in this hobby.
- Raymond Cloutier, Zoning Board Chairman read into the record Exhibit 1 – a memo from Kerry Courtemanche, Deputy Animal Control Officer. The memo noted that if a shelter is erected prior to arrival of the horses, and if land is cleared & fenced for an appropriate environment for turn-out Ms. Courtemanche has no objections to Mr. Mercer’s application for two horses.
- Mr. Cloutier read Exhibit A – a letter and attached photographs regarding Mr. Mercer and his property, from Russell & Pamela Blais of 633 Round Top Road. In the letter the Blaises state that the Mercers have a lack of consideration for their neighbors. They state that the Mercers’ property already is home to several dogs, several species of game birds, debris, and branches. They noted that they do not believe that the rear portion of the Mercers’ property is sufficient for two horses.
- In response to the Blais’ letter, Mr. Mercer stated that he has hurt his back and will clear out the branches in his yard as soon as he feels better.
- Ken Johnson, Zoning Board Member, stated when he went to view Mr. Mercer’s property he noted that it sounded like he had more than 3 dogs, and that he had concerns with the size of the property, as well as how the manure would be disposed of.
- In response to questioning by Ken Johnson, Mr. Mercer stated that he has taken care of horses at his brother’s house but never on his own property.
- Mr. Cloutier questioned what Mr. Mercer’s plan was for the disposal of the horse manure. Mr. Mercer stated that two neighbors, one owning an alfalfa field and the other an orchard, would take the manure. Mr. Cloutier and other Board Members, (John Patriarca and Michele Carboni), stated they wanted a concrete plan for the disposal such as a written contract for manure pick-up.
- Wayne Goodlin, an abutter from 625 Round Top Road, came before the Board to testify against the granting of Mr. Mercer’s application. He entered Exhibit B – a letter containing photographs of the Mercers’ property and read the letter into the record. The letter noted he strenuously objected to his neighbor having 2 horses as Mr. Mercer does not properly maintain his property, that there are often 5 – 8 dogs on the property which constantly bark, and that he has a number of bird coops housing different species of birds on his property already. He also testified that there was a camera mounted on a nearby tree with grain on the ground nearby for hunting purposes.
- April Sullivan, of 145 Eagle Peak Road, spoke in favor of granting this application noting that for the past 6 months she has worked at the Double C Horse Farm in Exeter. She stated this farm has 40 horses on 10 acres. She testified that each horse needs less than 1 acre of land if using extra hay for feed, and that the manure does not smell much.
- Michele Carboni, Zoning Board Secretary, stated that her daughter has a farm with 15 horses and that the manure has a stench in the hot weather and that the animals defecate all over the property.
- When questioned by George Keeling, Zoning Board Vice Chairman, Mr. Mercer stated that he owns 6 dogs, but that one dog is in Nebraska, and two are in South Carolina.
- Raymond Cloutier questioned Mr. Mercer on the tarp, trash, Mercury motor on his property and stated that the neighbors find this offensive. He further noted that he saw 4 dogs when he viewed the property.
- When questioned by Raymond Cloutier about a camouflaged camera mounted on a tree adjacent to grain spread on the ground, Mr. Mercer stated it was to take photos of the deer and turkey, and not to shoot them on his property.
- When questioned by Ken Johnson, Mr. Mercer stated that if he could not keep horses on his property he would board them elsewhere and that either way he needs to transport the horses to open fields and wooded areas like management areas for training, as his property is not large enough for training purposes.
- There was no other comment from the audience, and with the public portion of the hearing closed, the Board discussed the case.
- Sandra Cooney stated that she was very concerned with the size of the property as there are already numerous buildings on the property. She also stated concern with how Mr. Mercer would be able to care for these horses with his back problems.
- George Keeling stated that 2 acres is not enough room for dogs, birds, and horses, and that he had wished Mr. Mercer had presented a contract for manure removal. Michele Carboni stated she had a problem with the applicant having only 2 acres with the configuration of his lot.
- Ken Johnson stated having issues with the following:
- the absence of a building plan for housing the horses
- the absence of a plan for manure removal
- the applicant’s inexperience with caring for horses
- that the property is already saturated with birds & dogs
- that the barking sounds like the applicant has more than 3 dogs on the property
- the unique configuration of the lot
- lack of consideration for the neighbors
- that since no training will be done on the property there is no need for the horses to be stored there
- John Patriarca agreed with all that Ken Johnson had stated and added that he did not believe 2 horses belong on the property with the 3 dogs and numerous birds there now.
- Ed Varin agreed with the points brought up by the other Zoning Board Members.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined, based on the testimony presented at the hearing, the observations of the Board Members in viewing the property, and the findings of fact as set forth above:
- That the public convenience and welfare will not be substantially served as the applicant’s lack of planning for the removal of manure demonstrates.
- That the granting of this special use permit will not be in harmony with the general purpose of this chapter and with the comprehensive plan as it has been determined the property is not suited to have horses with what is already on the property.
- That the granting of this special use permit will result in or create conditions that will be inimical to the public health, safety, morals and general welfare of the community as it has been determined that the applicant lacks a plan for manure removal, and as it has been determined that the property is being used to the fullest with all the dogs and birds kept there now.
- That the granting of this special use permit will substantially or permanently injure the appropriate use of the property in the surrounding area or district as it has been determined that this property is not suitable to house more animals.
NOW, THEREFORE BE IT RESOLVED by the Burrillville Zoning Board of Review that the application as filed by the Applicant is DENIED by a vote of 5 – 0.
Ken Johnson made a motion to deny the application for relief from Zoning Ordinance 30-71 Section 1 #1 Zoning District Uses to have 2 horses.
Michele Carboni 2nd the motion.
Ken Johnson, Michele Carboni, George Keeling, John Patriarca and Raymond Cloutier all voted to pass the motion and deny the application for a special use permit.
George Keeling stated the reasons he voted to deny the application was due to the testimony and the applicant’s lack of planning. Michele Carboni & Ken Johnson stated the reason they voted to deny the application was due to the testimony. John Patriarca stated the reasons he voted to deny the application was due to the applicant’s lack of planning, concerns with removal of manure, and as the property was not suited to have horses along with what is already on the site. Raymond Cloutier stated the reasons he voted to deny the application for a special use permit to have 2 horses was due to the applicant’s total lack of planning regarding the horses’ paddock area, the horses’ shelter, the horses’ animal waste disposal, and as well as there was too much on the
property already.
The Zoning Board shall set down a record of findings of fact and shall make its decision in writing. No decision shall be final until it is filed in the Zoning Enforcement Office. All decisions shall be recorded in the land evidence records of the Town.
A variance or special use permit shall expire twelve (12) months from the date of approval by the Board, unless the applicant who has been granted relief obtains a building permit and is actively engaged in the project’s construction, or in case of “use variance” has actually put the subject property to said use.
BY ORDER OF THE BURRILLVILLE ZONING
BOARD OF REVIEW
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Raymond Cloutier, Chairman
THIS DECISION WILL BE PUBLICLY POSTED IN
A VISIBLE LOCATION IN THE TOWN HALL FOR
A PERIOD OF TWENTY DAYS COMMENCING:
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APPLICATION DENIED
Vote 5-0
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