Neighbors complain about girl’s pet pony at hearing
CONNELLSVILLE TWP. – The zoning board, following a three-hour hearing Wednesday for a Narrows Road couple who want to house a pony on their property in a residential (R-1) area, will render a decision in 45 days. Allen L. and Michelle D. Sthipani of 314 Narrows Road, Connellsville Township, filed a request for a special exception for a non-commercial recreational facility with the township zoning hearing board.
The board took comments and testimony on the matter and said they would come to a decision on the issue within 45 days. Board solicitor Richard Husband said the decision would be presented at a public meeting.
“We have 45 days from Oct. 30 to make this decision,” said Husband. “That means the decision has to be made by Dec. 14.”
Michelle Sthipani told the board that the pony, Buddy, who is under 14.2 hands tall, was bought for her 11-year-old daughter, who has wanted a pony or horse since she was seven years old.
“We had already purchased Buddy when all this started with the neighbors,” said Sthipani. “We were not trying to make anyone mad we were simply trying to do something nice for our daughter and we were relying on a 1996 ordinance map that showed that our area was zoned agriculture (A-1, agriculture).”
However, Connellsville Township zoning enforcement officer Rick Mader disagreed with that statement and reminded the board that he has already talked to the Sthipanis about housing the pony on their property.
“This area has been zoned R-1 since 1974,” said Mader. “If they (the Sthipanis) house the pony on their property they are in violation of the township ordinance and I told them so.”
Michelle Sthipani said Buddy is boarded somewhere else at the present time, however, she did admit that the pony was on her property for a couple of days prior to the hearing.
“He had a veterinary appointment at our house,” said Sthipani. “So we brought him over so the vet could update his shots and check him out and I’m happy to report that he is in perfect health.”
Uniontown attorney Simon B. John, who represents Sthipani neighbors Michael and Nancy Novak and Lawrence and Deborah Hodge argued that the Sthipanis do not meet the criteria for the special exception for a non-commercial recreational facility since no one else will be using the property.
Another problem with housing Buddy on the property, according to Novak and several other neighbors, is the removal of manure and the accumulation of flies that manure attracts. Michelle Sthipani told the board that she has made arrangements to have the manure taken away. She also said that she would like to use some of the manure on her garden and in her flowerbeds.
“There are sprays that we can use on the manure to neutralize the smell,” said Sthipani. “If we walk the pony on the road of course we would be responsible to pick up the mess it makes.”
In defense of the Sthipanis, one neighbor raised a question about dogs in the neighborhood and said that many of her neighbors don’t pick up after them.
Nancy Novak, who lives next door to the Sthipanis, said she is concerned that having a pony next door could devaluate her property. “We bought our property in a residential neighborhood,” said Novak. “Residential mean no farm animals.”
Sthipani presented definitions to the board that listed the pony as a pet, not a farm animal. She also said that her other neighbor, Robert Gigliotti, has a horse farm.
Novak said even though Gigliotti is grandfathered in under the old ordnance that doesn’t change the fact that the Sthipanis are living in a residential community.
John closed by reminding the board that they are dealing with an R-1 medium density area. “This is not a non-commercial recreational facility,” said John. “The definition of a non-commercial recreational facility would be country clubs, riding stables, golf courses and other private non-commercial recreation areas and facilities or recreation centers including private community or club swimming pools.”
John reminded the board that they are dealing with a use for the general public, which means that Sthipanis request would not be considered as a commercial use.
“You heard Mr. and Mrs. Sthipani testify that they are going to have only one horse for their daughter only,” John said. “This I would suggest to you would be considered an accessory use and it is not permitted as an accessory use and is clearly not subject to a special exception.”
Zoning board Chairman Alan Sandusky recused himself from the hearing stating a conflict of interest since he lives in the neighborhood. Dan Casini replaced Sandusky on the board along with board members Denise Richter and Dan Arnold.
Arnold, who also lives in the neighborhood, said he had not spoken with neighbors in favor of the special exception or neighbors against the issue.