ROXBURY - The Zoning Commission, meeting Monday, August 10, opened a public hearing on an application from Timothy and Michelle Stuart for a special permit to operate a bed and breakfast at their residence at 160 Baker Road, in the town's commercial district.Ms. Stuart presented her statement of use for a bed and breakfast that consists of two bedrooms with a full bathroom, closets, access to a downstairs living room, breakfast only served, check-in hours from 4 to 11 p.m., seven days a week, check out 11 a.m. and a 2x2-foot sign reading, River View Bed & Breakfast.Zoning Enforcement Officer Mary Barton confirmed that the Newtown Health District has no objection to the project.
"The health district requires that a sign be posted that only breakfast is served," Ms. Barton said.
Ms. Barton reported the project meets all of zoning requirements in section 4 of the town's zoning regulations.
Missing from the application was verification that the applicant had sent certified mail notification to neighbors abutting 160 Baker Road.
Ms. Stuart asked for a clarification on who should be notified and who should send the notice.
"The applicant must notify abutting property owners on the public hearing for the special permit," Ms. Barton explained.
Commissioner Elaine Urban asked that a sketch of the sign be included in the application for next month's meeting.
The public hearing was continued to the commission's September 14 meeting.
When the regular monthly meeting was called to order, commissioners reviewed the application from Robert and Shelly Holroyd, High Meadow Riding Club, for a special permit to complete an equestrian exercise ring for private use across from 32 High Meadow Lane. The 6.336-acre parcel is known as "the meadow."
After the commission's July 13 meeting, commissioners asked Ms. Barton to put together an information time line of this application, the legal opinions, notice of intervention, public hearings, memos, letters and the state Department of Agriculture documentation.
The commission went over 13 documents in total and eight additional enclosures from the public hearings.
The documents included: The special permit application, notice of intervention dated March 31 by Attorney Neil Marcus representing Joanne Goldfarb, photographs from Attorney Marcus, statement of use, warranty deeds, report from the state Department of Agriculture, aerial photographs, aerial maps, site analysis plan, a letter from state Agriculture Commissioner F. Prelli, a letter from Joan Nichols of the Connecticut Farm Bureau, a letter from Jerry and Joan Adler in support of the project, information from Travel Right on the riding ring surface, a document on jumping exercises for horse and rider, memos from Town Attorney Gail McTaggart, photographs from Attorney William Tracey, letters to Town Attorney McTaggart from Attorney Tracey, a memo from the Inland Wetlands Commission dated July 7, a memo from Attorney McTaggart to Zoning Commission Robert Falconer, riding ring material letter from Attorney Tracey, a report dated July 13 from Sean Hayden, Northwest Conservation District, regarding the exercise ring surface, and meeting minutes from March 9, April 13, May 11, June 8, and July 13.
Commissioner Urban voiced her "irritation" with the application's presentation of the word "use" and the definition of private use and wanted assurance the ring will be used for private use.
Commissioners worked on modification number two referencing "use" which states: "The use of the equestrian ring is limited to private use and not commercial use. Private use is defined by the commission as the use of the equestrian exercise ring by family and friends who do not have a business relationship with the applicant or the High Meadow Riding Club, LLC."
"This is an agricultural use, the state tells us that," Commissioner James Conway said.
Several commissioners voiced concern over the landscaping proposal and proposed buffer area.
"This area will naturally grow up and be a buffer," Mr. Conway said.
After more review, the commission confirmed, "the proposed riding ring will not cause unreasonable pollution, the impairment or destruction of the public trust in the air, water or other natural resources of the state of Connecticut."
After one last review of the facts and concerns, the Zoning Commission approved the application from Robert and Shelly Holroyd, dba High Meadow Riding Club, LLC, for a special permit pursuant to section 9 of the town's zoning regulations to complete an equestrian exercise ring for private use located across from the residence at 32 High Meadow Lane, subject to the seven modifications.
The seven modifications include: The equestrian ring will be limited to the daylight hours. The installation of exterior light in order to use the ring at night is not permitted.
The use of the equestrian ring is limited to private use and not commercial use. Private use is defined by the commission as the use of the equestrian exercise ring by family and friends who do not have a business relationship with the Holroyds or the High Meadow Riding Club, LLC.
There shall not be any parking of vehicles on the parcel known as "The Meadow."
There shall not be any structures constructed on the parcel known as 'The Meadow."
Landscaping as shown on the submitted site analysis plan shall be planted. The berm will be graded and planted to provide a visual blocking of the ring. Plantings will be done on the north side of the meadow, ring and ground cover will be used on the rest of the berm.
The permit, pursuant to section 9.9.4 of the zoning regulations, is valid for a period of two years, if the commission finds that no violations have occurred.
A final as-built plan prepared by a land surveyor licensed in the state of the equestrian ring and any other improvements as shown on the site analysis plan will be submitted to the zoning enforcement officer prior to issuance of the certificate of zoning compliance.
In other business, the Zoning Commission scheduled a public hearing on Monday, September 14, on an insertion to zoning regulation section 5.3.1i. pertaining to utility cabinets.
The proposed insertion wording: Any electrical supply meter pod or utility box located within the 50-foot front setback must be screened from the view of any road on which the property fronts. The screening must be of natural type, evergreen or shrubs that will not lose their effectiveness throughout the year.