Neighbors of Wellspring Farms showed up in droves – some in support, some in opposition – to the Zoning Board meeting on Thursday night.

The farm, a therapeutic horse riding facility, has been the topic of numerous complaints of neighbors recently, many of whom believe the growth of the business has negatively impacted their residential neighborhood on Hiller Road.

In May, the building commissioner handed out a decision saying that the nonprofit is actually operating as a business and needs permits to reflect that change.

On Thursday, the Zoning Board first heard from owners James and Holly Vogel who were there to appeal the building commissioner’s decision that the operations currently going on at Wellspring Farm are not legal under Rochester zoning bylaws.

The Vogels, represented by attorney George Boerger, presented their appeal saying the farm is being use for educational purposes, and that the therapy and education they provide to clients is not possible outside of their rural and agricultural setting.

Cathy Mendoza, who lives next door to the farm, said that not only is there now a “ton of traffic” in the neighborhood, but that she no longer feels comfortable in her own backyard.

“There are days we don’t even use our swimming pool, it’s that much of a distraction and invasion of privacy,” she said. “The waiting area for parents looks directly into my backyard and pool area.”

Under Massachusetts law, Wellspring Farm could continue operating without any additional permits if it is ruled to be a place of educational or agricultural purpose.

Boerger, while admitting that the farm better fits the educational description, maintained that the practice could also fit the agricultural description.

“It’s not agriculture in the traditional sense,” Boerger said as he described the use of horses and the rural environment as tools for therapy.

Boerger also said that according to Massachusetts general code, agricultural activities include farming, raising livestock, including horses, and keeping horses as commercial enterprise.

As Boerger pointed out, this meant that even if someone was offering able-bodied people horseback riding lessons, there is a precedence set by the courts that that activity can’t be regulated because it’s agricultural.

When the hearing opened up to public comment, attorney John Markey was the first to speak on behalf of seven families who had come to him with concerns about the farm.

“In 2001 [the Vogels] said… ‘we are providing services to kids with our horses and that is our singular activity,’” he said. “It appears over time turning it into a more profitable commercial business became more important.”

Markey argued that while yes, what the Vogels are doing is important and valuable, Wellspring Farm is not first and foremost an educational facility.

“Is this primarily an educational or agricultural institution? Or is it an outpatient mental health center?” Markey asked.

Charles Callier echoed Markey’s words.

“I haven’t heard a lot about education tonight, I’ve heard a lot about therapy,” he said. “I’m wondering if it’s a therapeutic thing in a farm setting or is it educational?”

James Vogel responded to the claims that what was happening at Wellspring Farms was not necessarily educational.

“Your idea of education is narrow,” Vogel said. “People learn in different ways…We provide experiential therapy, and teaching kids they have a purpose. Education is very broad, it’s hard for some people to understand.”

Jennifer Govoni of Wareham spoke about her experience with Wellspring Farm and why she agrees that what happens there is educational. Her daughter, who is nonverbal and blind, attended sessions at the farm.

“[My daughter] learns by feeling the horse’s mane,” she said. “She learns with her hands, not with her eyes. She learns with her ears, not with her eyes.”

Some of the seven families working with Markey were at the hearing and got the chance to voice their opinion.

Paula Alexander, a Hiller Road resident, feels that the neighborhood has become less safe as Wellspring Farm has grown.

“All of us here applaud the good work that is done [at Wellspring Farm], there is no question about that,” she said. “The problem for us in the neighborhood is it is clearly a business that has grown to the point that the traffic jeopardizes the safety of the children. There are a number of things that occur as a consequence from the size of the business that directly effect the people who live there as well as the safety and well-being of the children.”

However, according to James Vogel, the claims of increased traffic are a being exaggerated.

"There is absolutely no traffic or interruption in the flow of cars in any way at our facility," he said. "That was a clear exaggeration and did not pertain at all to the zoning matter at hand."

Multiple residents, as well as Markey, pointed out the large growth in revenue that Wellspring Farm has brought in since 2001.

Michael Donovan, as well as voicing his complaints about a rise in traffic, said that based on the revenue the farm brings in, he believes it’s a commercial business.

“I think as we’ve seen, Mr. Vogel is asking for $5.5 million [to sell his farm],” he said. “Revenue has increased 75 percent in the last four years.”

However, after the board members closed the public comment section of the hearing, Boerger was able to present closing statements for his case, in which he addressed the increase in revenue.

“The bylaw talks about being able to operate as a right if you have an educational use, this has nothing to do with revenue,” he said. “It’s not a requirement of the bylaw, it’s irrelevant how much money they make.”

Ultimately, the board members said they were given a lot to think about and were not prepared to make a decision. The discussion will be continued at the July 14 meeting, at which time the forum may or may not be reopened for public comment.

"The appeal process will be continuing and we look to the general community to speak out on behalf...as the children cannot speak for themselves," James Vogel said.