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09/21/2021 12:50 PMEssex zoning officials have once again asked for increased controls in a proposed text amendment that would alter zoning regulations to allow for horses in the town’s Village Residence District. At the Sept. 7 meeting of the Essex Planning and Zoning Commission (PZC), the public hearing on the application was continued to the commission’s Tuesday, Oct. 5 meeting, at the applicant’s request.
This decision was reached after lengthy discussion of several changes the applicant, Tom Metcalf, had made to the application, based on concerns raised by the public and officials at the commission’s last meeting and public hearing on the application, on Aug. 3.
Limiting the number of horses on a property to five, providing a setback requirement for any building used to house horses, stipulating that “best management practices” be followed in caring for the horses, and securing a zoning permit for the keeping of horses were among the changes reviewed on Sept. 7.
In addition, a property’s lot size requirement was increased from three to which acres, which Metcalf said would limit the applicability of the proposed text amendment to six properties in town.
This includes the 10-acre parcel of land in Ivoryton that is owned by Mary Cunliffe Lewis and Ian Carr Lewis, a portion of which Metcalf plans to purchase to build a residential dwelling and for the keeping of his horses, if the text amendment is approved.
“I think these regulations are more than reasonable, but if you want to make them more restrictive at some areas, again, selfishly, for the property we’re looking at, it doesn’t matter,” said Metcalf. “But I just, I think, you know, you’re killing a mosquito with an atomic bomb.”
Zoning officials went back and forth with Metcalf on several issues, with potential approval of the application hinging on the commission’s ability to protect the rights of all property owners.
“The point is that whatever we do, we have to write it from the point of view of all constituents, not yours,” said Vice Chair Jane Siris. “We’re not balancing how many votes on either side; we just want to do what is right for everybody.”
PZC member Robert Day pointed to the lack of detail as it related to the caring of horses.
“So, should these horses have a barn? Should they be 12 by 12 stalls? Should there be a stall for every horse? I don’t know. But I’d like to see best practices outlined. Should manure and waste be stored further toward the center of the property, i.e. further from the property line than the barn is? Removed? Treated daily?” Day asked.
By providing the commission with a definition or guidelines on an appropriate level of care, Day said, “this way, God forbid, if there is a horse that is abused that gets treated at this [other] level, we have an enforcement method.”
Without a clear definition, Day said, “You are leaving us with no enforcement method.”
Other commission members expressed the need for having the application be submitted as a special exception, so that they could review a site plan.
“This discussion, for me, shows the need for some sort of site plan, for what we’re doing here,” said PZC member Mark Reeves. “Because we’re having a back and forth. You’re on the philosophy that everybody is going to do good works, take care of their animals, etcetera, etcetera. I applaud you for that.
“The truth is, there is a lot of animal abuse, there is a lot of neglected property…I can take you around town and show you a lot of properties that have been neglected and the neighbors are paying the price by having to live next to those properties,” he continued.
Metcalf plans to work with the Essex Land Use Office on several issues that were raised by the commission for a revision to the proposed text amendment by the commission’s Oct. 5 meeting.