ZBA Approves Doud's Plans for Reconstruction of Barn
By Karen Gould

This is the barn Andrew Doud plans to tear down and replace on his Cadotte Avenue property.

Andrew Doud received approval by the Zoning Board of Appeals (ZBA) in a five-totwo vote for three variances that allow him to demolish an old barn on his Cadotte Avenue property and construct a new commercial barn in its place. He plans to rent out three of its four horse stalls in the new structure. The variances were granted with the stipulation that no more than four privately owned saddle horses be on his property.

The property is zoned high density residential (R3). The proposed barn would be 729 square feet, or 27 feet by 27 feet in size, and contain three box stalls and one standup stall.

The ZBA reached its decision Wednesday, August 30, following an hour-long public hearing on the issue that brought about much debate over property values and a commercial barn in a residential neighborhood.

The land will not be zoned commercial, said the city's building inspector, Dennis Dombroski. The nature of a commercial barn has nothing to do with the property being zoned commercial, he said. A property owner can build a barn in an R-1 district, if they have room, he said.

"The only reason why Andrew's barn got thrown in the commercial category is because he's going to rent stalls," Mr. Dombroski said. "If he was building a barn for himself, for his own horses, it wouldn't be classified as a commercial barn."

Some residents said they were concerned that property

values would fall because of increased traffic, smell, and noise.

The three variances were needed to comply with the city ordinance that requires a 100foot distance between a barn and any residence. Mr. Doud proposed a barn that would be from 53 feet to 68 feet from two neighbors homes and his own.

"I think it is the best possible thing that could happen to this

During a break between the two meetings, board members sought city attorney Tom Evashevski's advice on the legalities of the matter and learned they could place stipulations on the property if they decided to vote for the variances.

During a discussion before the vote, board member Mike Hart said, "It's a hard decision and I'm split right now."

"There is great weight on both sides," agreed board member Lee Finkel, before making a motion to approve the variances. The motion was seconded by Jason St. Onge.

While discussion had focused on nearby property owners and how the use of the barn would affect their property, Mr. Finkel turned the issue around by explaining that the barn was in existence before the property owners built their houses, they knew the barn was there, and they knew their homes did not meet the required setbacks from the barn.

Mr. Finkel said, the property owners chose to build within the 100 foot distance and their decisions affected Mr. Doud's use and enjoyment of his property, which was impaired by their construction.

Board member Smi Horn voted against the variances to protect the neighbors' property values and because the barn would be in a residential area. Armand Porter joined in with a second no vote, citing that a variance requires Mr. Doud show practical difficulties.

"I never saw it," he said of the requirements for a variance outlined in the zoning ordinance.

Twenty-eight letters were sent to neighbors within 300 feet of the property. Six letters were received in response, with three letters favoring the project, two against the barn, and a third against the proposed use of the barn, if property values were to decrease.

More than 20 people attended the hearing, with some offering opinions on both sides of the issue.

Mr. Doud already has presented his plans to the Planning Commission and made modifications to a 10 foot landscape buffer, and now with the ZBA approval, he must return to the Planning Commission and seek a special use permit, which is required for all commercial barns on the Island.