After two previous hearings on the matter of whether or not Jim and Holly Vogel’s educational/therapeutic horseback riding operation was in violation of zoning bylaws, on July 15 the Rochester Zoning Board of Appeals members were in agreement – not permitted.
Leading up to the vote on this night, Chairman Richard Cutler once again said that public comments should be focused on zoning issues only. He noted that although the type of services provided at Wellspring had “value,” the issue at hand was zoning compliance.
The words “therapy,” “educational,” and “agricultural” were dissected and given enhanced definitions by the attorneys representing the Vogels and the aggrieved abutters, as the issue of the Vogels’ right to use their property as a farm providing educational services was debated.
Attorney George Boerger, representing the Vogels, addressed abutters’ complaints of increased traffic, saying that 16 letters had been received from neighbors who said traffic was either not a problem or not attributable to the Vogels’ operation.
Boerger also said that many of the children receive services at the farm that are part of their individualized education plans thereby making the therapies received a type of learning experience. And he again reminded the board that the word “education” has a broad definition in the eyes of the court. The Vogels confirmed that 80% of their clients came to Wellspring with IEPs.
Attorney John Markey, representing some of the abutters, stated that Wellspring’s revenue stream was primarily, if not solely, derived from the Massachusetts Behavioral Health Partnership versus school districts, making the issue of whether or not the farm was providing educational services versus therapy a valid point. He said that $540,000 came from the MBHP/MassHealth.
Once again, parents of children who have benefited from the farm animals and surrounding wooded acreage spoke of the transformation their children experienced by therapy received in the Wellspring setting – services they said could not be found anywhere else.
Residents opposing the operation were invited to speak, but none came forward this time. The public comment segment was closed.
Zoning board member Kirby Gilmore said, “The building commissioner did not err…”
“Abutters have a right of quiet use of their property,” board member Davis Sullivan said.
Zoning board member David Arancio said, “I’m a little disappointed that this is before us. There could have been a compromise … the business has changed; it has to be looked at.”
Cutler said, “The business has grown … the mission might have changed … the educational element is ancillary to the therapeutic programs…. We need to take a fresh look at the appeal and add some limits, not make it go away…. I’m inclined to uphold the building commissioner’s decision.” He also said that the business should be reclassified from agriculture to health care.
The building commissioner’s decision to deny the permit was upheld. Now the Vogels must proceed through a hearing for a Special Permit to allow commercial use of their property. That hearing is scheduled for August 11.
Before the room cleared, it was evident that emotions ran high as two attendees argued, one claiming to have been pushed and the other shouting, “You called it a circus!”
Gilmore told them to stop, saying, “We’ll call the cops!” Cutler tried to regain control saying, “Gentlemen, gentlemen!” As quickly as it erupted, it was over with Cutler responding to a request for police presence at the next hearing with a firm, “I’m not going to have the police at the meeting.”
In a post hearing follow up, Vogel said, “Clearly, the Town of Rochester is not interested in furthering the advancement of children with special needs. Again, the theory holds ‘not in my backyard,’ but Holly and I intend to carry this business that we are so passionate about to the ‘nth’ degree. We call upon the public to assist us.”
The next meeting of the Rochester Zoning Board of Appeals is scheduled for August 11 at 7:00 pm at a location to be announced.
By Marilou Newell