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Horses in residential areas approved
By Mike Bollinger • Staff Writer
 | | Jay Trinca of Bacova spoke at a public hearing Monday night held by the Bath County Board of Zoning Appeals concerning an application to house horses in a residential zoning district in the Mitchelltown area. Trinca spoke against the application, however, the BZA approved the request. (Recorder photo by Mike Bollinger) |
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WARM SPRINGS — The Bath County Board of Zoning Appeals has ended an arduous process that has taken more than three years to settle.
Monday, the BZA approved a conditional use permit that will, after months and months of debate, allow Allen and Ann Layman to keep horses on their property in Mitchelltown.
Following a recommendation from the Bath County Planning Commission, BZA members Becky Armstrong, Richard Barnes and chair Patricia Clark approved the permit. Raymond Holloway and Terry Kirshner were absent.
After the vote, Allen Layman expressed relief the process is finally over.
"We are very pleased. It's been a long, hard process," he said. "I thought we had approval before, but we have been patient and tried to work with the county through the process."
 | | Ralph Swecker (center) received a plaque commemorating his 60 years as a member of Freemasonry at a pre-meeting dinner last Thursday. Swecker was one of six Highlanders who were raised to the "sublime degree of Master Mason" at Highland Lodge 110 of Ancient Free and Accepted Masons in 1947-48. Jacob Hevener received his certificate last month. George Reed Swecker and William Swecker have also earned 60-year certificates, having been raised to the degree of Master Mason in 1948. Anton Buchert and Morris Clements became Master Masons in 1947, according to lodge secretary Jim Hutchison. Pictured with Ralph Swecker are Masons David Hayes (left) and Hank Booth. (Recorder photo by James Jacenich) |
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Layman said he and his wife will now finish the barn that was started on their property off Grandview Road and put up the fencing required by the permit.
"We had a lot of support, and I appreciate all those who supported us throughout this long process," he said.
Under the terms of the permit, no more than three horses will be stabled or kept on the property at any time. As part of a proffer provided by the Laymans, and made part of the permit, the horses will only be on the property when the Laymans are in Bath. Their primary residence is in Botetourt County.
The Laymans made several other proffers, which were made a part of the permit. There will be no more than one 40-pound bag of grain stored at any time, and the grain will be stored in a secure metal trash can with a tight-fitting lid. The trash can will be placed on a concrete floor in an enclosed, locked tack room in the stable. Hay will be placed on wooden pallets in that same room.
All manure will be collected daily and stored in garbage bags in a secure location to prevent runoff. Manure will be transported weekly off the Bath County property and trucked to the Laymans' place in Botetourt for recycling. Manure will be collected from the paddock, stables and field.
In warm weather, the horses will wear fly masks to prevent flies from being attracted to moisture around their eyes. The horses will be treated every two weeks with a substance that makes them unattractive to flies, gnats, mosquitoes and ticks. In addition, the proffers indicate, by keeping the stalls and paddock clean and dry, fly populations can be controlled. Fly traps and insect sprays will be used.
The Laymans' horses are de-wormed on a two-month schedule using prescribed medication. They are given rabies shots annually and other vaccines to keep them healthy.
There were 15 letters included expressing opinions about the permit. Of those, 13 were in support of the couple's application. Of those who spoke in the hearing, the margin was 7-3 in favor of their request.
Representing the Laymans, attorney Chris Singleton pointed out the application was for a conditional use permit that could be revoked at any time if the Laymans fail to live up to the conditions. "The only opposition has come from property owners who are not adjacent. The people across the road and on either side of them are in favor of it," Singleton said.
Kenny Lindsay of Carloover said he has been with the Laymans to horse shows and knows they take good care of their horses. Horses, he said, are not that much of a problem, noting that horses were kept in Hot Springs for more than 40 years.
Lindsay said he saw the point of those who complained about horses in a residential zoning district, but wondered where the restrictions would stop. "It's getting to the point people can't have anything. I know there are good and bad points to horses in a residential district, but if they (Laymans) can't have horses, somebody would be buying a barn," he said.
He was referencing the fact that in the beginning, the Laymans were told they could have horses on their property, at which point they began construction of the barn.
Lindsay said he saw no problem with horses in that area, noting horses are ridden near The Homestead every day. When Barnes expressed concern about odor from manure, Lindsay said the smell is not that bad, especially if it is put in a container.
John Lindsay said the smell of horse manure is not that bad, adding there is a pile at least big enough for 30 dump truck loads on The Homestead property. He does not live near the Layman property. He also said cattle are grazed every day in Mitchelltown, in a residential district.
"Everybody keeps their feed in a sealed container. Their neighbors are not opposed, and I see no reason not to give them the (permit). You can come back and look at it and revoke it if necessary," he said.
Jeff Ford, an adjoining property owner, said he sold the Laymans their property and knew when they bought it they intended to have horses there.
"I think they have done everything possible to make this work. They have made the proffers and tried to do all the right things. If anything good has come from all of this, we have found loopholes in the zoning ordinance," Ford said.
Pam Thacker, who lives directly across the road from the Laymans, had no objection. "If they smell, I would smell them first. I live next door to a field of goats, and they have an odor. If you love animals, it doesn't matter," she said.
Carl Chestnut of Mitchelltown, an outspoken opponent of the request from the beginning, said horse manure does indeed have an odor. "It sours, and it does stink," he said.
Chestnut said residential zones are supposed to be protected under the county's comprehensive plan. "Every time it looks like we (opponents) are going to win, they (Laymans) hire another lawyer. I'm dead against it. It was done wrong in the first place," he said. "I hope you all don't vote for this. It doesn't fit the comprehensive plan. If you all vote for it, we have no protection at all from any board down here at the courthouse."
Resident Jay Trinca also spoke against the request, saying the issue was about right and wrong. Originally, Trinca said, he was in favor of a permit if adjoining property owners had no objection, but has changed his mind and now feels decisions should be based on the county's land use regulations and plan.
"The intent of the R-1 district is to protect residential neighborhoods," Trinca said. "Please put yourself in a village as an established resident and ask how would you like to be treated."
Rocky Phillips has also spoken in opposition to the request, and cited planning commissioner Lynn Ellen Black's negative vote in his comments. "Mrs. Black read the law, and Mr. Trinca just read the law. You can't just open things up every time someone comes in here. It has to stop somewhere," he said.
"They probably take care of their horses better than anyone in here, but that's not the point," Phillips added.
Dee Lobe of Ashwood Lane spoke in favor of the request. "This is Bath County," she said, in reference to the county's rural nature. "I know change is not always wanted, but there is no reason to stop something like this. It's being really small," she said.
Her comments included a barb at Chestnut about manure. "It's not going to roll down the hill to Carl Chestnut," she said.
Chestnut responded. "The wind can blow down my way if it wants to. If you pass something like this, it's time for people to move," he said.
Singleton said there was no evidence three horses on the property occasionally would be obnoxious, and reminded the BZA it was there to rule on a law passed by supervisors.
"There is a field of goats across the street and no one has complained. I'm sure Carl, Rocky and Jay Trinca will patrol the neighborhood and make sure they don't violate the terms. You've got your safeguards built in," Singleton said.
"Chris, I believe you are out of line accusing me of being on patrol," Phillips said. "For me, tonight's it. Either vote it in or vote it out. It's not the Laymans, it's what is being done."
Once BZA members began their discussion, Barnes noted the law now allows horses in a residential district under county land use regulations. "These comments should have been addressed to the Bath County Board of Supervisors when they changed the land use regulations," he said.
"I think we've beaten this dead horse enough. The comprehensive plan is not the law; it is a guide. I don't want to have government regulating manure. That scares the beejeebers out of me," Armstrong said. "We need some sense around us without government regulating us."
Armstrong said Bath County is a welcoming place, and she hoped the process had not given people a bad taste about what Bath County is. "I'm proud the process worked the way it is supposed to work," she said.
In other matters, the BZA continued the meeting until Dec. 12 at 8:30 a.m. There is a court case involving the board that day in Bath County Circuit Court.
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