HORTONVILLE — The Hortonville Volunteer Fire Company has been at the center of the community – both literally and figuratively – for the past 111 years.

And now, a pavilion that was built in 2005 to assist the fire company while they were building their new firehouse and is now used in their activities and fundraising, is at the center of a dispute between a neighbor on North Horton Ave. and the fire district. 

On Thursday night, nearly 20 Hortonville firemen and their attorney, Marvin Newberg, came to the Town of Delaware's regular monthly meeting to petition the town to change the zoning for the 1.3-acre parcel of property on which the pavilion sits.

Although the construction of the pavilion received all the necessary permits at the time it was built, it resides in a residential district [R-1], which limits the uses by the fire company, according to the town's zoning code.

“It [the pavilion] should be in the B-1 district [Business] just like the firehouse,” Hortonville Fire Company attorney Newberg told the Town Board. “We are asking you to put the whole property in the B-1 zone with no change to regulations.

“B-1 has permitted uses for commercial activities according to your zoning law and code,” Newberg said. “B-1 encourages development of retail and has compatible uses which are much more appropriate for a fire company. 

“The firemen want to comply and live up to the letter of the law and that's why we are here,” Newberg said. “It [the pavilion plot] is part of the firehouse property and offers a great community service. “We are asking for the 1.3-acre piece to be put into the B-1 District.”

But Joan Rafferty, who lives across the street from the pavilion on North Horton Ave., says her family has lived in their house for over 30 years and now the road and property are extremely busy due to the many events held at the pavilion and even inside the firehouse each year.

Rafferty said his kids used to play in the street and enjoy the peace and quiet but the many events under the pavilion and in the firehouse have changed the neighborhood.

“You can't change the zoning after the fact,” she told the Town Board.

Norman Campbell, who also lives on North Horton Ave., said, “We don't want to live in Bethel Woods, don't change it [zoning] now.

“It's unacceptable. “I will go to the Planning Board,” he said.

Henry McGrath, who is a Hortonville volunteer fireman, said the department is trying everything they can to be a good neighbor.

The pavilion, which has been used for graduation parties, family reunions, the Hortonville Field Day fundraiser and other social events, encompasses 6,000 square feet.

“The pavilion was actually designed large enough to be used as our firehouse while we were building our new firehouse [in 2006],” McGrath said. “We stored our firetrucks under the pavilion and operated out of there so we could continue to serve our community with fire protection [while the firehouse was being completed]. 

“It's what we needed to house our equipment and operate the company,” he said.

McGrath said that once the company learned about the town-wide noise ordinance they acted on it immediately.

“We did try to do a localized agreement,” he said. 

Debbie Hornicek, whose husband has been a Hortonville fireman for nearly 40 years, said, “I once owned a business in Hortonville and it was never really quiet.

“Lots of things have changed,” she said. “It is quieter now than it was.”

Town of Delaware Supervisor Scott DuBois said, “The Town Board will have to discuss this. “We will talk with our Code Enforcement Officer [Kristopher Scullion] and Town Attorney [Ken Klein] and see which way to go.”