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ZBA decision concerns Pomfret Town Board

Pomfret’s Town Board sounded displeased last month about the town Zoning Board of Appeals’ actions with a dog day care center.

The ZBA approved Julie McFarland’s proposed business on Christy Road but did so with conditions. She did not accept the conditions, and wrote a letter to town officials withdrawing her application.

The town board used a bit of its May meeting to pepper town Attorney Jeffrey Passafaro with questions about the situation.

“The ZBA only has the authority to deal with the application in front of it,” he said. It is not supposed to make policy for the town, he continued. However, it can informally decide to make changes in requirements depending on how past decisions have turned out, the longtime lawyer added.

According to town officials, the ZBA wanted McFarland to guarantee a staff ratio of people to dogs, before it gave her a special use permit for the business.

“The ZBA has not required staff ratios for doggie day care,” Councilmember Ann Eckman said. “This one, it has.”

Passafaro replied, “Your ZBA wanted to establish a condition and it has the authority to do so.”

The chair of the ZBA, David Fridmann, did not want to comment about the situation when reached after the meeting.

Passafaro said McFarland has little recourse but to appeal the decision in state court if she wants to open her business in Pomfret. That appears unlikely as her application has been withdrawn.

Passafaro added that the town board could sue the ZBA over the affair if it wanted to. No one on the town board had any appetite for that.

Led by town Supervisor Dan Pacos, the board had an informal discussion about creating a law to govern animal day care givers. No action was taken.

Passafaro said if the board adopted a law, McFarland could reapply under the terms of the new measure.

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