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Rhoadesville resident may need to remove animals

Commission recommends denial of special use permit

A Rhoadesville man may have to reduce his livestock count.

In October, Steven Siegel, who lives on Lafayette Drive in Rhoadesville, applied for a special use permit to keep livestock on his R-1, limited residential zoned 1.87-acre property. The application came after Siegel said he learned he was in violation for having animals other than household pets on his property. According to a staff report prepared by Orange County Planner Kyra Davis, when asked for a clarification on the number of animals on the property, Siegel informed staff he had 23 goats, four sheep and two cows, all of which were fenced on the rear portion of the property. Siegel also has seven dogs.

An aerial map shows the Siegel’s property, outlined in aqua.

Davis said the purpose of the R-1 zoning is to prevent conflicts with agricultural uses. She said while there were no traffic impacts associated with the potential SUP, problems could arise if animals escape their enclosures. She also said having farm animals on a smaller lot creates the ability for an impact on neighbors.

Utilizing a recommendation from the Virginia Cooperative Extension of one animal unit per acre, with an animal unit being approximately 1,000 pounds, Davis suggested limiting the SUP to only one cow or six goats with a four-foot fence or pen. As suggested by the Virginia Health Department, an additional condition on the permit would be to keep animals and their feed at least 100 feet away from existing wells.

“We’re recommending a modification of what the applicant has applied for and recommending a smaller number of animals,” Davis said.

Siegel said he could accept the smaller number of animals. He said the additional animals could be housed at a farm in Fauquier where he works. He explained that the goats are of a small breed and are pets, while the cows are bottle feeders, brought home for care until they can be reintroduced to the herd at his work. Siegel said previous visits from animal control have found all of the animals to be healthy.

The neighbors, however, aren’t thrilled with the farm life.

Donna Harpold, who lives next door, said she moved to her home in 2018 and was drawn to the quiet, residential neighborhood. 

“I never anticipated I would end up next to a livestock farm,” she said. “Had I known there was a potential for livestock to be housed next door, it would have affected my decision to buy my house.”

She said Siegel moved in after her and what started as a few goats turned into a full fledged farm with “too many animals to count.”

“Over the years as the number of animals has multiplied, we’ve spent less and less time outside,” Harpold said. “There’s a constant odor that comes from over there. My concern is what guarantee [is there] that it won’t continue to multiply?”

Charles Turner, who is also a neighbor on Lafayette Drive, agreed. He said he’s counted more than 50 animals on the property and constructed a $16,000, eight-feet tall fence to keep the trash from flowing into his yard.

“It’s not normal; it doesn’t end,” Turner said. “I had a real estate agent come out. She said she wouldn’t even list the house until the issue is fixed.

“If you give an inch, he will take a mile,” Turner added. “He has no regard. I don’t know how many times I’ve seen goats running around, dogs running around. It shouldn’t happen.”

Another neighbor, Allison Cook said she lives across the street, but grew up on a large farm. She said her concern was for everyone’s water, noting the wells in the area are shallow. 

“I’m surprised no one is terribly sick,” Cook said. 

She said while the Siegels are “fine people” she put in a whole house water filtration system due to her concerns about the runoff from the animal waste leaching into the water.

Chairman and District 1 planning commissioner Jason Capelle said it’s unusual for the commission to consider an SUP application where neighbors are so unhappy. He said he’s typically lenient when it comes to animals, but said the issue with the Siegel property seems to be an ongoing one that has escalated. He also said there didn’t seem to be a good way to monitor the situation to enforce the suggested limit of animals.

District 4 commissioner Adam Bryington said it would be hard to put the county in a situation where it would need to police the matter.

District 3 commissioner Jordan Marshall agreed, stating the concerns over the ground water and enforcement.

Meanwhile, District 2 commissioner Brandon Van Hoven suggested implementing four annual checks on the property; SUPs are usually inspected once per year.

Bryington said one option would be to allow the permit for one year and re-evaluate if the conditions were met, how the neighbors felt, etc.

“We’ve done that in the past,” he said.

Van Hoven said he didn’t see where one cow or six goats would contribute to any water issues.

Enforcement would fall upon the neighbors to make complaints, Capelle said.

“How much stress do you want to put on the neighbors,” he asked. “To me it’s been demonstrated that the rules aren’t going to be followed.”

Capelle said in his opinion, awareness of the issue wasn’t when the notice of violation was issued, but rather before. He said should Siegel clean up the property in a year, and the neighbors decide they could live with one cow or six goats, the planning commission would reconsider the SUP.

A motion to recommend denial of the application to the board of supervisors was approved 3-1 with Van Hoven dissenting. District 5 commissioner Frank DiPasquale was absent. The board of supervisors will host a public hearing on the matter during their April 22 meeting.

Gracie Hart Brooks
Gracie Hart Brookshttp://rapidanregister.com
Born and raised in Virginia, Gracie has nearly two decades of experience in community journalism covering county and town boards and commissions, education, business and more. She believes in the power and importance of telling local stories and resides with her husband, two daughters and Bernedoodle in a small town.
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