By Natalie Bazinet
Staff Writer
CARIBOU — While the start of a new year evokes ideals of fresh starts and new beginnings, Caribou and its all-volunteer pet rescue shelter are still muddling through an issue that began in summer of 2011 regarding the shelter’s non-compliance of the current zoning ordinance.
Aroostook Republican photo/Natalie Bazinet
Halfway Home Pet Rescue volunteer Anne Price brought Garfield home from the veterinarian’s office on Dec. 23; Garfield is one of the many cats Halfway Home Pet Rescue has given a second chance to, as he was born with a serious affliction where, essentially, his eyelids were curled in onto his corneas. Garfield got to see the world for the first time. Halfway Home Pet Rescue Norma Milton said that Garfield is seeing beautifully and is happy as could be in his new home.
While work has been done to improve the denotative relevance of Caribou’s zoning law, the improved definitions, should they pass all necessary processes, would not bring the shelter into compliance.
The pet rescue exists in a area zoned R-1 (residential-one) — where kennels are not allowed. The shelter is considered a kennel by the city’s current zoning laws, defined as “any place, building, tract of land, abode, enclosure or vehicle where three or more pets owned singly or jointly are kept for any purpose.”
Eleven Pioneer Avenue in Caribou is, first and foremost, the home of Norma Milton, president of the Halfway Home Pet rescue; Milton, who’s been rescuing stray and abandoned cats nearly all her life has lived at 11 Pioneer Avenue since 2009, where she oversees the rescue.
“I’m not a kennel,” Milton said. “There’s no dogs here, there’s no barking. Cats are quiet. We spay and neuter them, provide medical care and we assist the city without costing the taxpayers money.”
The Planning Board has worked to diversify Caribou’s planning law definitions, and a public hearing regarding the matter will be held on Thursday, Jan. 5 at the Caribou City Council Chambers at City Hall at 5:30 p.m.; according to the public hearing notice, this is to receive public input on the new Animal Kennel Definitions and allowable uses in the Land-Use Table. (Copies of the proposed definitions and uses can be picked up at the City Code Enforcement Office or at the City Clerk’s Office).
“Where we only had a definition for ‘kennel’ before, we’ll now have the line item for kennels and then subsequent to that we’ll have a line item for animal kennel, boarding kennel, breeding kennel and rescue group,” Caribou Code Enforcement Officer Steven Wentworth explained on Dec. 29.
While there are increased definitions for various animal-related services, the new “Pet Rescue” definition will not allow HHPR to be in compliance with their R-1 zone.
Based on the definition and requirements, as Wentworth explained, “It specifically states rescue groups are not allowed in R-1, R-2, C-1 (commercial-one) and H-1 (hospital-one) zones.”
In a best-case scenario, where the definitions are approved at every stop along the public hearing/city council circuit and no changes are needed, the new definitions could be approved as early as mid-March.
Caribou City Manager Steven Buck explained that he feels the city has been working with HHPR as the planning board has worked to update the zoning definitions.
“The city has worked on all of those elements in conjunction with the Halfway Home Pet Rescue and the city was absolutely in a hold-mechanism until all that work was completed,” he explained. “If the planning board action and the subsequent adoption of those ordinances takes place, and if that does not resolve the situation, then we’re back to that conversation with the city council of, ‘are you willing to forgo enforcement of the city’s zoning ordinance for a period of time?’”
Buck is adamant that the city is absolutely not trying to shut down HHPR.
“The initial communication was sent to Halfway Home Pet Rescue notifying them that they were in non-compliance,” Buck explained. “In that communication, there was no timeline given to cease operations, there was no mention of taking them to court or forcing the issue.”
The initial communication was drafted by Wentworth and sent to Milton (and HHPR) in summer of 2011, asking her to cease the operation of a pet rescue from her home.
Milton remains wary of the order to cease operations, even though the letter did not contain a date to cease operations by.
Milton and the HHPR Board of Directors disagreed with the enforcement as they did/do not believe they fall under the definition of a kennel; as such, they informed the city that they wished to appeal Wentworth’s decision that HHPR cease operations.
In a later letter, sent Aug. 16, Wentworth wrote “At present, Caribou does not have a sufficient number of members on the Zoning Board of Appeals. The board would need at least four members to meet the requirements of a quorum in order to hold an Appeals Hearing. We only have three members. If you do wish to appeal my interpretation of the Caribou Code, you may file for an Administrative Appeal within 45 days from receipt of this letter at the Superior Court.”
As suggested by the letter, Milton and the HHPR Board filed an Administrative Appeal approximately 30 days later, a timeframe Buck cites as the point where he feels discussion broke down.
“My only disappointment in the whole process is that I feel the communication chain broke down when the lawsuit was filed; Norma Milton was in this office and was specifically told that we are not going to push enforcement actions on her,” Buck said, expressing strong recognition that there is not sufficient capacity for animal shelter services/animal rescue services in the whole of Aroostook County — particularly in central Aroostook, where a large portion of the county’s population resides. “The level of service they’re providing is needed,” he said.
While Buck and Wentworth both unwaveringly agreed that Milton has filed a lawsuit against the city, HHPR’s attorney Sarah Le Clair disagreed.
“It’s an administrative appeal, not a lawsuit,” she explained.
The city’s attorney, Richard Soloman, was downstate obtaining a deposition on Tuesday afternoon and could not be reached by time of print.
“It said in the letter that if I wanted to appeal, I had to take the appeal to the superior court, which is exactly what I decided to do,” Milton explained. “I’m not suing the city of Caribou for money or property — I’m not saying anything except I disagree with the word ‘Kennel.’”
Milton explained that if she hadn’t appealed the decision within 30 days, she wouldn’t have been able to appeal at all.
Milton and the HHPR board are hoping to purchase a new building soon — if the city approves. Milton drafted a letter containing a proposed solution to the zoning problem in mid-November and hadn’t received an answer as of late December.
HHPR is looking to purchase a small two-bedroom house located in a C-2 zone, a zoning-friendly place for HHPR and its cats.
“We’ve almost raised enough money to make the down payment,” Milton said. The idea they’ve proposed to enable them to move the shelter is to rent the ‘new’ house for four to five years to generate funds needed to pay for the new building.
As Milton explained, the shelter currently doesn’t have any bills outside of the cats’ necessities — food, litter, and veterinary care.
“If we move to a building too soon, we’re going to have rent, heat, electricity, water and sewer — how are we supposed to make it?” Milton asked, questioning the phrase she’s heard repeatedly from City Hall “Norma, we don’t want to close you down, we just want to relocate you.”
“Relocating us at this point is closing us,” she said.
