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2051 MAIN STREET (2)
r 3csi fActlyts-it IMENNIMMEMMENNON9 f Assessor's offioe (1st floor): �y _ Assessor's map and lot number ali i// 4-�r 2317.69,Fj �OF THE TOI4 76 -it/e e-Q :4,�i, • ,a, Board of Health (3rd floor): R, - , n`�7 . .VD Sewage Permit numberS O, .kiJ. ;BASl9lGDLE, • Engineering Department (3rd floor):' ��� o rasa House number Z o�te39'a`e4 D YpY APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only TOWN OF : ARNSTABLE D JllLDlRIG INSPECTOR C TO APPLICATION FOR PERMIT TO ..e S i`-?0C (;( f./0c0-- `c-fr JN `t,)- -VELA `J TYPE OF CONSTRUCTION tA3 el Al'wQ2. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according� to the following information: Location kot ?i...4 2- Zt (c... 6 - Z 0,5- i 667 . 3) Proposed Use 1\'e4,ele-4 . Zoning District -. Fire District 1-A- <.4t. 4.�aA.. t-CV Name of Owner .....Gr90-t-6 L 4)C k- Address 'E'l•.1\-()S.� Name of Builder �-,e ' 1-1Q., UJt z� Address 7( C ) (1' -- 1/4>t(( Name of Architect 4be... Address H� MX' -)l.' Number of Rooms . i n Foundation �lz..< P c-C CO-xi_c(P'si` • Exierior C t) p1 ?:P_ Roofing p(IViE-- • ff � Floors \OA K. 1�16,A. -TTt`f' Interior g i -5v''\ `t"INS LL kit b�"),) Heating \--7 1.0 A Plumbing — (a P('e 'z c7,/ .T/ Fireplace ,,,1 t C��. (. IOC k' I )4-\ Approximate Cost ? a 6.!7"-C. 1 Definitive Plan Approved by Planning Board 19 . Area Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH I _ I i 1L D _ 1 . I OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of-Barnstable regarding the above construction. 4.__,_Name --10-. Construction Supervisor's License DUS6 �3'— SHUCK, GERRY A=216-75-2-BOO & 76-WOO I —7, ; .2N— /oo 4 (..ve13 No 31791 Permit for Build dwelling & Garage Single Family Dwe ,lin.g Location 2051 Route 6A West Barnstable Owner Gerry Shuck - Type of Construction F '.ame Plot Lot Permit Granted April 11 , 19 8 5 Date of Inspection 19 Date Completed 19 7 �� ? q..fw�p ...y. xaY^ •Y.1,..c._,-.-..... _.,�,..� .;..:.�.y..�.��r.••p,..,..-....-..- - -.�-,•• -4A+'!�' ,. i ,a.eT'YA...`T '!�f f ..' ,. • . R ♦ Lau e- TOWN OF BARNSTABLE Permit No. 3 k- BUILDING DEPARTMENT I "a"'' I TOWN OFFICE BUILDING Cash \Faint HYANNIS.MASS.02601 Bond OV bU CERTIFICATE OF USE AND OCCUPANCY Issued to Gerry Shuck Address • 2051 Route 6A West Barnstable, Mass. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID,,AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. September 30, , 19 88 4/.0tZ Bring Inspector t.. TOWN OF BARNSTABLE BUILDING DEPARTMENT 2 �seaar�sr TOWN OFFICE BUILDING rua 7g i6J9' �� HYANNIS, MASS. 02601 MEMO TO: Town Clerk FROM: Building Department DATE: e.!j , /9 An Occupancy Permit has been issued for the building authorized by Building Permit # issued to ---'044 .........a. /`.%. Please release the performance bond. • TOWN OF BARNSTABLE, MASSACH`JSETTS fl•, f � ' ` r 216 {q.L717 - Ki ,, 4p i�s�t. E —75--2 BOO & 76—WOO V( ��,!! ar • , t" f Y� Inrn Y,"Y e a.�p���pp DATE Ap April it 19', 88. PERMIT A7zta-�-aSc.I�4 � W •� Y APPLICANT - Bay3ide Building Co. ADDRESS - (N..ox. 95,.I..ti;lervillii,, MA, tc."+ :7 .. • t Sr {. . kYrAA�, 'PERMIT TO j ,, ( ) STORY .•NUMBER- OF 7' !tt �11 ,� r�K� 3 - Buf OY YrSv �vE{I15+T gc>Ldg = 31i,y1 0� jy� 7 ( y DWELLING UI{17S :)� q,.. Y 1:. • 4 4R d441/-4 fEl L(Weilil.18 1 . < i'i Yi,`p- t AT (LOCATION) Z NING \*I� ta L i" IRo.I 2051 Route •GA, Isle y L. Buius Lab1e 57R)CIrv,t�C - . (STREET , tii r `vyF 1Y r ��q�4� BETWEEN •(CROSS STREET).,., AND v ) , ftnc ` .. "•Wi S :> ..+ x..•. .. .,. EETI) 4'�irt++rd*)S�cW.4tt '�' � Kr SUBDIVISION: LOT LOT fr BLOCK SIZE t ( *? r SS BUILDING IS TO BE FT. WIDE B FT. LONG BY " � t., FT IN HEIGHT AND SHAL ,CONFQjtM Ij! OyN j�1 N TO TYPE USE GROUP i,s. 1 BASEMENT WALLS OR FOUNDATION .'+ ..-r j'n r .4• ;' • • (TYPE7� >,v,,.. it .10,4;it~ i++.. REMARKS:,. .. • : , %b. & y Sewage 488-127 If+.- nj�,N '4�iI GARAGE/1. slum • tom. " ti , r - t �;*,' ' .y, r�°ii'r, . . • �{ � vt;S'>rii?y i AREA OR s 'Rr'v+ _�w1 . ,. VOLUME ,)` C jrO• (L�Bf'G�SOC�C 'gip,. - ESTIMATED COST $ p /^�. ^^ • PPE4MlT ;a � f " . 3,Q)V�1V I <+xa"S t, a ��.�rK^�. OWNER rM ?1?j. �r'�,..1.5.- i A ? "'t« Carry shuck . ADDRESS BUILDING DEPT � � y '�1 . Wdot Dennic, HA BY , . N4I i(4s r f rL1 i � . r f Yb � r�a` V� � y FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANLE Uf IHIS F-' hilI UUtS Nu Htl-CADt (rim Arr1.11.ArvrrR rog'Inu.Zv, 1..1t!1... • OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL'I'N,SPECTION HAS BEEN PERMITS ARE REQUIRED FOR I. FOUNDATIONS OR FOOTINGS. ELECTRICAL, PLUMBING ` AND' MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS, ,.! 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL M (READY TO LATH). FINAL INSPECTION HAS BEEN MADE. • 3. FINAINALL INSPECTION BEFORE • OCCUPANCY. `f POST THIS CARD SO IT IS VISIBLE FROM STREET • BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT I a K. ff- 26-4',.,,,, 7-777. I- 1. • OTHER -. 3 O -8 2 BOARD EAL , Ao/E:K:.,...::,.:...::: ...., : - WORK SHALL NOT PROCEED UNTIL THE INSPEG PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION . ,s ,..; ` TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGEDNFOR INDICATEDE ON THIS CARD CAN EN CONSTRUCTION'. I PERMIT IS ISSUED AS NOTED ABOVE. OT BY TELEPHONE ORYWRITiEN NOTIFICATION. • s • • 1 od r LcT4 I Id 142.22. LoT A. t. 191.42' —-. mot--1G — N 6 -- G Ot-AG. r F" \ _ .d / F1-1A. O Ito i 574.54 m LOT Zg i m Low ' 11, Gi (g 9(j 4 in 0 3B0.78' 56• g5. 14 GOMMd� A4.45SaGH05E77-5 ' ‘/ • • JOB # 86-140 CERTIFIED PLOT PLAN PREPARED FOR: LOCATION: RTE 6A W . BARNSTABLE SCALE: 1=120 DATE: 4/7/88 REFERENCE: • L-3 PB 382 PG 87 BAYSIDE BUILDING CO . I HEREBY CERTIFY THAT THE BUILDING SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. BUILDING CONFORMS TO SETBACK REQUIREMENTS OF THE TOWN WHEN CONSTRUCTED. 43'� 4f4ss4� JOHN McELWEE down cape engineering No.33o02 CIVIL ENGINEERS 9. 9� LAND SURVEYORS <d/7186 ° SJ ROUTE 6A YARMOUTH MA DATE SURVEYOR 1 '' 0 I 1 / 61. i j .„ b. I I I 1 i st" Assessor`s offioe (1st floor): OIC ®Ich� �� 3,/9 /�75''� Jva SEPTIC SYSTEM MUST eE oFTNEro Assessor's map and lot number ��� 76�"" .�t �, ., �` :Board of Health (3rd floor): 76 -lt/� ' V;a LLE7.0 IN COR P . ._' ".r I: :, s :: &wage Permit number .�v`. cat':-..1g-?...be.. , ..,� ` fNI 1 I TITLE 5 Z Baaa9TsnLE, ! ingineering Department (3rd floor): i Ole•K k',iRONMENTAL CODE AND ':c "639. 0� House number 2OS I TOWN REGULATIONS 0mob. APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 ,P.M. only TOWN OF JARNSTABLE BUILDING ,' HISPECTOR APPLICATION FOR PERMIT TO ..L L G-�) - Of. .f/�. .� . . -�,- LAt TYPE OF CONSTRUCTION X .. :6.1' . TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location kot 3 z Z,Z) Ryc-Ac..... ..,,,xt- A.0.5— , *6-,,-,,,,- .4 _._ Proposed Use ........1&`€-`2LvC c- Zoning District Fire District UTG.t1`:-.vt Ar.1•4 Name of Owner G !14.)GV— Address U , cleN f.S Name of Builder .... ..G.s-Y�'5.i.(�.e,.....N4Y C Address r 4D c1S ee-"S(`--- c 1 Name of Architect ....AbC. z':../,G.cVL-0-3 Address L46 e,4.,Lil5 Number of Rooms t Q [([ Foundation Chc.. . c 44,7e3-4r1.e.4'e.. Exterior d .�....'--( K1:e... Roofing Ak pk&.t ®4 V. T Floors M t... '.L Interior �y�sv�, � �i+V'e � (��,(1Ac,�t3y —• ,�tt++�� ( UU . Heating F 4 � Gi l Plumbing s C- - Ca '—Z- Z-VZ-,. , -... Fireplace k/�. �� pp� p5 �.... .�.�?�Vi. l�w.r��`E'Approximate Cost .-may,a! Definitive Plan Approved by Planning Board 19 Area 1 Cl/Z/9 Diagram of Lot and Building with Dimensions ' Fee — _ '13 SUBJECT TO APPROVAL OF BOARD OF HEALTH 6/X I �0 o ° . - nl fi),..5)% ,x° r • JO c) Q�0cv I l \ \,, !9\. . OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name e4---,-;-1C07,---^4,--- _ Construction Supervisor's License DOS-6 �S ti . \ I .,1 SHUCK, GERRY • No 1- Permit for DWELLING & GARAGE Single Family dwelling Location 2.O51...Route...6.A West Barnstable Owner Gerry Shuck Type of Construction Frame Plot Lot 0 Permit Granted April 11 , 19 8 8 Date of Inspection 19 ifyl ` rate Completed 19 e , -P.:57/.30x • • MASS f--- /�/,����� Argeo Paul Cellucci Jane Swift Kevin J. Sullivan Secretary Matthew J.Amorello �® Governor Lieutenant Governor Commissioner CERTIFIED MAIL Z 453 878:938 April 1, 1999 Victor&Brenda Cillis (2051-Main Street(Route 6A <Barnstable,QX 02630 Dear Mr.&Mrs.Cillis: SUBJECT: Barnstable-Route 6A Tnis letter is to inform you that during a field inspection conducted by this Department in conjunction with a ____ request from the Town of Barnstable to install a water service to a new home at#2005 Route 6A, it was noted that new houses are currently under construction behind the cemetery and will access their property through an existing drive owned by you. It is my understanding that you have granted easements allowing this. In accordance with Massachusetts General Laws Chapter 81, Section 21 which is the authority by which driveway openings are permitted,the addition of more lots accessing your drive requires you to reapply to this office for a new driveway permit. Enclosed is an Application For Permit To Access State Highway which you should fill out and submit to this Department along with a plan addressing the following issues: * A plan showing both edges of road,the State Highway Layout and Baseline(drawn at a scale 1"=40'). * A driveway design consisting of a 20' radius entering your property, a 20' width of drive, and a 20' exiting radius(60'at the edge of road). * Complete drainage details for the site with the drive being constructed on a minus grade from the edge of the highway surface to the State Highway Layout Line. However,the gutter line must be maintained through the driveway apron to direct the roadway runoff along the gutter so as not to impact the applicant's site drainage. * A check made payable to the Commonwealth of Massachusetts in the amount of$25.00. Upon receipt of the requested information, the permit will be processed. If you have any queslions, please contact William Whitty,Assistant Permit Engineer,at(508)884-4210. i Sincerely, ://,;'S / -- and Mc urt District Highway Director WFW:gls cc: BMcC / Barnstable Building Inspector ✓ I Foreman 1 File f cillis.doc Massachusetts Highway Department•District 5. 1000 County Street, Taunton, MA 02780• (508) 824-6633 Cape Cod Commission DRI Status Report .-I list of-Developments of Regional (✓) in front of n project name indi- those regulatory activities are pro- Impact (DRLc) currently under con- cafes that Commission reowlator-y tided as hearing notices in this issue sidcr-ation by the Cape Cod Commis- activity is scheduled for that project and/or as items in the regulatory . sion is provided below. .-1 check mark in the nest two weeks. Details about calendar oil the back cove): DRI Projects in the CCC Regulatory Queue . BARNSTABLE • CCC has appealed. Extension agree- affordable housing lots, and resort •Barnstable Wastewater Facilities . ment to 1C/5/01.. hotel and conference center.Joint Plan-wastewater study and implemen- • MEPA/CCC review. BOURNE tation plan.Joint MEPA/CCC review. - / •Ballymeade/Wyldewood-pro Extension agreement to 3/15/02. / •Assisted Living Facility-proposed posed subdivision of 155 acres'in- 84-unit assisted living facility at the volving 15 single-family home lots •BJ's Wholesale Club-proposed con former BarnstabieCounty Hospital Site. and 115 acres open space to be struction of 68,831-sq.ft.retail building P P with the possibility of a future,separate • Black Pond Heights-proposed 70- purchased by the town. Extension 25,200-sq.ft. retail sales and service • lot residential subdivision on 138.6•. agreement to 9/21/01. building on the'same 15.78-acre site. acres. • •Daddario-proposed sand and gra- • Extension agreement to 9/21/01. ': •CanalSide Commons-proposed vel mining operation. DRI denial ap- • • Cape Club Golf Course-proposed mixed-use development of•approx. pealed.on several counts. CCC won private golf course on a 286.6-acre 1,000,000 sq.ft.on a 182-acre site. • the "takings" challenge in1•1996 and parcel in Barnstable and Mashpee. Joint MEPA/CCC review.Extension the statutory challenge in 1999.The •Cellco Partnership/Bell Atlantic agreement to 9/28/01. Land Court dismissed remaining due Mobile-proposed construction of a, •Groundwater Analytical-proposed Process_qual protection claims 9/19/00; 125-ft.telecommunication monopole. construction of 20,000-sq.ft.two-story , decision appealed 9/28/00. Extension agreement to 7/27/01." • laboratory building. . . •Falmouth Hospital Wellness • Childs Residential Subdivisions- •Waterpipe Trust ANR-proposed Center-proposed construction of proposed 16-lot and 19-lot subdivisions. 20-lot ANR plan. Extension agreement a two-story, 32,330-sq.ft.center., CCC accepted both projects as discre- to 9/7/01. • Extension agreement to 12/21/01: tionary referrals on 11/2/00.CCC pro- . ' •Sippewissett Marsh Trust II-pro- cedurally denied both on 4/12/01.DRI BREWSTER posed subdivision Of 23.2-acre parcel procedural denials appealed in Barn •Captain's Golf Course Expansion- into three lots with subdivision road stable Superior Court on 5/23/01. 18-hole golf course requiring new over marsh. DRI denial appealed in . • Cillis/Tri Horse Riding Arena and water supply.Joint MEPA/CCC review. Land Court on 1/29/99. Stables-proposed'28,500-sq.ft.indoor HARWICH • riding arena and stables on 7.36 acres. CHATHAM •Chatham Wastewater Plan-waste- •Kuhn Tower-proposed 190-ft. •Excel Switching Corporation- proposed 20• ,000 sq.ft.basement water study and implementation plan. communications tower. DRI denial. addition to Master Campus Plan.. . Joint MEPA/CCC review. Extension • appealed in Land Court on 7/20/99. agreement to 12/20/02. ✓ •Tedeschi Realty Corporation/. •Hayden Movers Monopole/Tele- . Shaw's-proposed reconstruction! Corp PCS-proposed replacement of. DENNIS - . redevelopment of an existing 43,500-;• a 55.8 ft..telephone pole with a 75 ft. •Dennis Filled Tidelands-proposed sq.ft.sho in center as'a 61,000- monopole for personal wireless commu reconstruction of restaurant, retail. sq.ft. supermarket. g nications.DRI Exemption request denied. store,and minigolf. Extension agree • - Appeal filed in Land Court on 5/21/99• ment to 9/28/01. MASHPEE • • Olde Salt Estates-proposed 18-lot •Anchor Self-Storage-proposed subdivision on 27.6 acres.Applicant EASTHAM self-storage facility with two 16,800- appealed CCC jurisdiction for discre- No DRIs at this time. sq.ft. freestanding buildings. Exten- tionary referral. On 6/12/00 the Barn- sion agreement to 10/31/01. stable County.Superior Court ruled the FALMOUTH • Holland Mills Well and Pumping referral moot since the project was ✓ •Ballymeade Estates-proposed Station-proposed installation of denied by the local planning board. residential development, golf course, to page 6- L - -- July 19, 2001 • CCC REPORTEP, • BARNSrABLE..„........c-: , • 9cb 1639. 1 Department of Health Safety and Environmental Services 'IFD A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 5, 1999 Julie Malloy Pepe and Hazard,P.C. 150 Federal Street Boston,MA 02110 Re: 2051 Main Street, West Barnstable,MA Dear Attorney Malloy: It is my opinion that the Oktober Farm,at 2051 Main Street in West Barnstable,has a right to an exempt use under the State Zoning Act 40a section 3 for the following: 1) the keeping of horses 2) the boarding of horses 3) the stabling of horses 4) the breeding of horses 5) the riding of horses as long as the riding is not for money and unrelated to the main operation. To clarify#4 above,if people who keep their horses there wish to ride them,that is allowable. If people who wish to buy a horse that is bred there want to ride it in order to learn how to ride before the purchase and they pay to do that,this too is allowable. If however,people come to ride and pay money but are not breeders,boarders or prospective buyers of bred stock,that is in my opinion,over the line and a commercial operation that requires a variance. Sincerely, Ralph M.Crossen Building Commissioner RMC/km g990305a FARM BUREAU Massachusetts Farm Bureau Federation, Inc. 466 Chestnut Street O Ashland, MA 01721-2299 Pr P PHONE (508)881-4766 • FAX (508)881- 4768 MASSACHUSETTS "RIGHT TO FARM" LAWS March 28, 1996 FACT SHEET Subject: MASSACHUSETTS"RIGHT TO FARM" LAWS The Massachusetts General Laws contain four different chapters which provide farmers relief from excessive regulation or nuisance complaints. These are: (1)Chapter 30A"State Administrative Procedure",Section 18 This section requires all levels of government to conduct impact assessments relative to the impact of proposed laws or regulations upon agriculture prior to the adoption of such laws or regulations. The Massachusetts Department of Food&Agriculture has developed guidelines for agencies to follow in preparing the impact assessment, and copies are available from Massachusetts Farm Bureau Federation. Wording of M.G.L. Chapter 30A, Section 18 is as follows: 30A:18. Rules, regulations, etc. impacting state agricultural operations; public postings prior to enactment; impact assessments. Section 18. All state, regional, and municipal agencies, boards, corn- 1 missions, before any rule, regulation, law or other restriction is enacted, 2 shall make public and post in writing whether or not such restrictions 3 will impact on agricultural operations based in the commonwealth. 4 Further, if such rule, regulation, law or other restriction is determined to 5 have a potential impact on agriculture, the responsible agency in consul- 6 tation with the department of food and agriculture, shall conduct an 7 impact assessment to determine the extent of such impact, including, but 8 not limited to: the effect on future land use and related environmental 9 impacts, including costs and submit to the joint committees on natural 10 resources and agriculture and to the house and senate committee on 11 ways and means a copy of their findings forty-five days prior to 12 promulgation. 13 (2)Chapter 40A"Zoning",Section 3 This section of Zoning law restricts areas which cities and towns may regulate relative to agriculture, horticulture,floriculture, and viticulture. This section relates to many areas, including farm buildings, retail farmstands, etc., on parcels of five acres or more. There is a great deal of specific caselaw in our files relative to court decisions which effect agriculture. The first paragraph of M.G.L. Chapter 40A, Section 3 reads as follows: (Continued Next Page) 40A:3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences. Section 3. No zoning ordinance or by-law shall regulate or restrict 24 the use of materials, or methods of construction of structures regulated 25 by the state building code, nor shall any such ordinance or by-law 26 prohibit, unreasonably regulate or require a special permit for the use of 27 land for the primary purpose of agriculture, horticulture, floriculture, or 28 viticulture; nor prohibit, or unreasonably regulate, or require a special 29 permit for the use, expansion, or reconstruction of existing structures 30 thereon for the primary purpose of agriculture, horticulture, floriculture, 31 or viticulture, including those facilities for the sale of produce, and wine 32 and dairy products, provided that during the months of June, July, 33 August, and September of every year or during the harvest season of the 34 primary crop raised on land of the owner or lessee, the majority of such 35 products for sale, based on either gross sales dollars or volume, have 36 been produced oy the owner or lessee of the land on which the facility is 37 located, except that all such activities may be limited to parcels of more 38 than five acres in area not zoned for agriculture, horticulture, floricul- 39 ture, or viticulcure. For such purposes, land divided by a public or 40 private way or a waterway shall be construed as one parcel. No zoning 41 ordinance or by-law shall exempt land or structures from flood plain or 42 wetlands regulations established pursuant to general law. For the 43 purpose of this section, the term horticulture shall include the growing 44 and keeping of nursery stock and the sale thereof. Said nursery stock 45 shall be considered to be produced by the owner or lessee of the land if it 46 is nourished, maintained and managed while on the premises. 47 (3)Chapter 111 "Public Health",Sections 1, 125A,and 143 Public Health statutes provide a key protection for farming operations conducting generally accepted farming activities from being deemed a nuisance by the Board of Health. Such accepted activities include spreading of manure on farmland, noise from farm operations, etc. The three relevant sections of Chapter 111 are Section 1 (Definitions) which contains a definition of "Farming"or "Agriculture", Section 125A contains the nuisance exemption language, and Section 143 removes piggeries from the exemption in Section 125A. The actual wordings are as follows: 111:1. Definitions. "Farming" or "agriculture", farming in all of its branches and cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural; aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any practices, including any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agricultural of farming as herein defined, or on a farm as an incident. to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. (4)Chapter 243"Actions for Private Nuisances",Section 6 This section defines "agriculture"and`farming"as defined on the previous pages in 111;1, and exempts properly conducted, ordinary aspects of farming activities on farms in existence for at least one year from being deemed a nuisance. The wording is as follows: 243:6. Actions against farm operations prohibited; limitations. Section 6. No action in nuisance may be maintained against any 1 person or entity resulting from the operation of a farm or any ancillary 2 or related activities thereof, if said operation is an ordinary aspect of said 3 farming operation or ancillary or related activity; provided, however, 4 that said farm shall have been in operation for more than one year. This 5 section shall not apply if the nuisance is determined to exist as the result 6 of negligent conduct or actions inconsistent with generally accepted 7 agricultural practices. For the purposes of this section, "agriculture" 8 and "farming" shall be as defined in section one A of chapter one 9 hundred and twenty-eight. 10 Massachusetts Farm Bureau Federation, Inc. FARM BUREAU cps466 Chestnut Street 0 Ashland, MA 01721-2299 PHONE(508)881-4766 O FAX (508)881-4768 February 1, 1999 ‘13361i33c37953SS1 FE4 Mr.Richard Stevens,Building Inspector •...••' Town of Barnstable ,�f��,,.,••••"•• Dept. of Health Safety&Environmental Services �v. \�. Building Division G o 367 Main Street �V\�-0�� Hyannis, MA 02601 RE: Mrs. Brenda Cillis, 2051 Main Street Dear Mr. Stevens: I am writing on behalf of Brenda Cillis, in response to your letter of January 28,which alleges that Mrs. Cillis is conducting an inappropriate business on her property. As someone who works with zoning issues throughout Massachusetts,I can assure you that Mrs. Cillis' farm business is allowed under Massachusetts General Laws, Chapter 40A,Section 3. MGL 40A;3 provides that no ordinance or bylaw may "prohibit, unreasonably regulate, or require a special permit for use of land for the primary purpose of agriculture...except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture... " • MGL 128;1A defines"Agriculture and farming"to include "the keeping of horses as a commercial enterprise"which is exactly the business conducted on the Cillis property. Mrs. Cillis is also giving horseback riding lessons,which is allowed by caselaw "Steege v. Board of Appeals (1988) 26 Mass.App.970, 527 NE2d 1176. Which I have attached for your information. Therefore,I have advised Mrs. Cillis that she does not need to apply for a special permit,or seek relief from the Zoning Board as her activities are clearly exempt from zoning regulation in accordance with state law. Pleas =-1 free contact me if we can provide any further information on this matter. Sim , Ael Dou.. .., Gillesp Directo : Governmental Relations Attachments c.c. Mrs. Brenda Cillis, 2051 Main St.,West Barnstable,MA 02668 Peter Watts,Forestdale, Cape&Islands Farm Bureau(also Sandwich Building Inspector) Dick Loring, Sandwich,President, Cape&Islands Farm Bureau Larry McCormick,Chief Legal Counsel,MA Dept. Food&Agriculture s FARM BUREAU Massachusetts Farm Bureau Federation, Inc. 466 Chestnut Street ° Ashland, MA 01721-2299 , PHONE (508)881-4766 0 FAX (508)881-4768 February 1, 1999 Mr. Richard Stevens,Building Inspector Town of Barnstable Dept. of Health Safety&Environmental Services Building Division 367 Main Street Hyannis, MA 02601 RE: Mrs. Brenda Cillis,2051 Main Street Dear Mr. Stevens: I am writing on behalf of Brenda Cillis, in response to your letter of January 28,which alleges that Mrs. Cillis is conducting an inappropriate business on her property. As someone who works with zoning issues throughout Massachusetts, I can assure you that Mrs. Cillis' farm business is allowed under Massachusetts General Laws, Chapter 40A,Section 3. MGL 40A;3 provides that no ordinance or bylaw may "prohibit, unreasonably regulate, or require a special permit for use of land for the primary purpose of agriculture...except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture... " MGL 128;1A defines"Agriculture and farming"to include "the keeping of horses as a commercial enterprise"which is exactly the business conducted on the Cillis property. Mrs. Cillis is also giving horseback riding lessons,which is allowed by caselaw "Steege v. Board of Appeals (1988) 26 Mass.App.970, 527 NE2d 1176. Which I have attached for your information. Therefore,I have advised Mrs. Cillis that she does not need to apply for a special permit, or seek relief from the Zoning Board as her activities are clearly exempt from zoning regulation in accordance with state law. Pleas =-I free , contact me if we can provide any further information on this matter. Sinc., „ ? 0 ' f'Y' , , Dou_' . ' Gillesp Directo e Governmental Relations Attachments c.c. Mrs. Brenda Cillis, 2051 Main St.,West Barnstable, MA 02668 Peter Watts,Forestdale, Cape&Islands Farm Bureau(also Sandwich Building Inspector) Dick Loring, Sandwich,President, Cape&Islands Farm Bureau Larry McCormick, Chief Legal Counsel, MA Dept. Food&Agriculture P 339 592 443 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) SentV r r A—`P)Irex- C.:ll.ti Street&Numbe �5( S—t-' Post off State,&ZIP Code W. 3-{ T:=. 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Consult postmaster for fee. .5 d 3.Article Addressed to: 4 rticle Number d aq D. \�- r-- r<v , L°'•�-�°,S 3c1 S. `-1 ti3 o• � i �VA A^ 4b.Service Typeti ""` + ( 0 Registered Certified cc W UJe \ Y VO— 2i A ❑ Express Mail at ❑"Insured o co 2�6g e ❑ �oD Z 7.Date of Deliv7 ......7 c • 5.Received By:(Print Name) 8.Addressee's Address(Only if requested e r~it and fee is paid) m t 1- 6.Sige2fure• ddressee or Agent)o /' PS Form 3811, December 1994 102595-97-B-0179 Domestic Return Receipt ; First-Class Mail UNITED STATES POSTAL SERVICE ,Pc)•fA-��1 p) Postage&Fees Paid (�a USPS 44 Permit No.G-.10• . ..,. j tw 0 Print your naTe„address;and ZIP Code in this box o — Town of Barnstable • Building Division 367 Main St. Hyannis,MA 02601 s� .�-a� �::. � III+�1,1I111U1 tl..1 1,1l�0ll1l,l11„Ii„II,1II,1,I 0*THE , f�,p The Town of I:arnstab1e • BARNSTABLE, * 'Six ' �$ Department of Health Safety and Environmental Services ArEOMA'tA Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 5, 1999 Victor and Brenda Cillis 2051 Main Street West Barnstable,MA 02668 Re: 2051 Main Street,West Barnstable,MA Dear Mr.and Mrs.Cillis: We are in receipt of the letter from Douglas Gillespie of the Massachusetts Farm Bureau Federation,Inc. (with enclosures)dated February 1, 1999 and have the following reply. While we agree that agricultural uses benefit from a broad range of zoning exemptions,we feel that all need to be reviewed by my office first in order to be found exempt. To begin with,we all agree that the raising of horses is agriculturally exempt. In fact,the letter you had sent to us quotes and encloses the"Steege"case in support of your situation. The difference we see is that in Steege,a riding academy was found to be related to the raising and sale of horses because people needed to learn to ride before they bought a horse. In your case,there is no such relationship. In fact,the act of providing riding instruction by you is purely a commercial endeavor and,in our opinion,not exempt from zoning. You must Cease and Desist the use of your property as a commercial riding academy at once. This order refers to only the riding programs for the public area not associated with the purchase of a horse. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. Sincerely, Ralph M.Crossen Building Commissioner RMC/km Via Certified Mail P 339 592 443 R.R.R. yr g990205a if _ (.1-;_rne rqy, ti The Town of Ii,arnstablle BARNsrnsie, .0I Department of Health Safety and Environmental Services ArFDMA'tA Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 2, 1999 Mr.&Mrs.Victor Cillis Oktober Farms V051 Main Street West Barnstable,MA02668 j Dear Mr.&Mrs.Cillis: In answer to your letter of February 10, 1999,I am still of the opinion that your operation is beyond the intent of the agricultural exemption in 40a Section 3. Your running of a commercial riding academy for compensation must either cease totally or you must go to the Zoning Board of Appeals for relief. Sincerely, Ralph Crossen Building Commissioner RC:lb g990302a • Oktober Farms 2051 Main Street West Barnstable, MA 02668 February 10, 1999 Mr. Ralph M. Crossen Building Commissioner The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street Hyannis, MA 02601 Re: Your letter dated February 5, 1999. Dear Mr:Crossen: I am in receipt of your letter dated February 5, 1999 which contains your impressions, analysis and conclusions regarding my farm's zoning exemption. Before I address the issues you have raised, I want you to know that I want very much to work with you to resolve this matter and to maintain a good relationship with the town and your office. I have no desire to argue or to have any animosity between us. I realize that this issue is being pressed by others whose motives are questionable and that you must address their concerns. I deny all of the descriptions and accusations made in the petition signed by some area residents and dated February 2, 1999. Further M.G.L. prevents any nuisance actions from being brought against my farm. It is my hope to assist you in this in order that each person involved understands the parameters contained with-in this set of circumstances. Some of the positions I take are in opposition to you. I ask that you understand that these positions are clearly supported by Massachusetts General Law and are not my opinion. If they raise exception I hope you will understand that a clear view of M.G.L. is very important and that this is not meant to seem offensive. Your letter indicates that you are in receipt of a letter from The Massachusetts Farm Bureau Federation, Inc.which contained various enclosures. You state that"While we agree that agricultural uses benefit from a broad range of zoning exemptions, we feel that all need to be reviewed by my office first in order to be found exempt". While I understand your feelings, and the pressure being put on you, your position is not supportable in Law. Under M.G.L. 128;1A, there is a long list which contains the many undertakings which would be defined, under Law, as "Farming " or"Agriculture ". Each of these activities are exempt from zoning as a matter of Law. This established Law, and/or the exemptions created and established, are not subject to interpretation or approval by your office. They exist as a matter of fact and Law,as such,they require no town interpretation or approval. As your letter indicates, the totality of each separate definition, in the aggregate, is not a requirement of meeting the definition of"Farming "or"Agriculture". Each separate described activity, on a piece of land which exceeds five acres, meets the definition and is, thereby, exempt under M.G.L.. " ...the raising of livestock including horses, " is one definition, as is " ...the keeping of horses as a commercial enterprise, ". Either one of these activities would fully qualify my activities as " Farming " and/or " Agriculture " as defined in this section. I " keep horses as a commercial enterprise ". My property exceeds five acres. As such, my agricultural activity is entirely exempt from zoning considerations, and approval by-your office,as a matter of Law. Your letter states that mine"...is purely a commercial endeavor and, in our opinion, not exempt from zoning ". " Keeping horses as a commercial enterprise " ( which is another way of saying "commercial endeavor") is specifically listed as an exempt activity. Although, it is abundantly clear that raising horses is not a requirement of the definition which supports this exemption, you should be aware, that I do raise horses and am currently raising Stormin Normin " and that a number of my students have purchased horses, through my farm, or as a result of their advancement through riding instruction just as described by the Steeqe case. This has happened at least ten times in the past year. As outlined by the Steege case, I raise horses such as" Stormin Normin " and offer horses for sale " Joker " is currently for sale at the price of $ 2,200. I broker horses and advise as to horse purchases by my students. I provide riding instruction. I train horses. I provide boarding of horses. My farm attends shows, parades and equine related clinics and activities. I am a Licensed Riding Instructor and my farm is similarly licensed by the State of Massachusetts as a Stable. The Town of Barnstable has provided me a License to operate a Stable. I maintain memberships and insurance as a farm and pay property and income taxes as a farm. My farm is located in the town of `BARN'- ' `STABLE', but is governed by M.G.L. as to zoning exemptions. In summary,the primary points made in your letter are without any foundation and they are completely erroneous. " Keeping horses as a commercial activity ", any commercial activity, including riding instruction and "...purely commercial endeavors...", are entirely exempt from zoning under Law. Please note that under all types of farming or agriculture there is a point at which the public purchases the products and services offered by the farm. I have no riding programs for the public as you describe. My students come as individuals to use the commercial goods and services provided by my farm which is to keep "...horses as a commercial enterprise ", as described above and supported by Law, the contextual definition of the word " enterprise " ( " A business venture or company " ) or the word"commercial" ("for business or profit")and the Steeqe case. The entire farm is used for all of the agricultural activities listed above, as supported by the Steeqe case and the Law, and so I assume your request to " Cease and Desist", any non-exempt activities, no longer has any application as'my farm does not engage in any such non-exempt activities. I sincerely hope this letter illustrates for you the actual facts of this matter and helps you to understand the law as it relates to my farm. There is not one aspect of the Steeqe case, or Law, which fails to fully support my position and my interpretation. There is not one aspect of the Steeqe case, or Law, which supports the `official'position taken by your office or the malicious agenda of my neighbors. I very much appreciate your attention to this matter and for your assistance in general. I will assume, in light of the facts,that the Cease and Desist instruction no longer applies to my farm and is lifted. If you disagree, please respond in writing, with specificity sufficient to support your position in litigation, as to your reasons and position. Please, also, include any and all information which I will require to appeal any such unlawful Cease and Desist order. Before you respond I would suggest that you carefully examine all of this information, and applicable Law, sent to your office by the Farm Bureau. Sincerely, f \ � raj lr Brenda Cillis Victor Cillis cc. Mr. Richard Stevens, Building Inspector,Town of Bamstable. cc. The Massachusetts Farm Bureau Federation, Inc. BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. 4xt/ ez,ea5 .0...5:, ,4"--, --ef- -e. -/C.,--Z7- .e2---77:.0:g.3--/ 01Z 4.1 "If -Z..e,•_.-,f___7,1 _s _/_;),‘__7 / 4.al5v57:,27 _,,,-7 . ez v•° _-. -- -e-Z,4 .C.o- 7.. 0/// 4. ,97/cV , 6 .--/_ ._/Z. - cs/c5;0 -/->72er07;fr-- /-41,..r -C;!_,Vcc2x/Cc-7j_ A-_-_ _vrc--V.,_.:7v.c. ,_%'7 . •Ve'VZ .zi ..-%Wo-_ _97_ 4-______ - •_-_ky.!_a___Z..."."/_//:. "43- -f_ciov-,2 --7/. , ---/.--c *_e_ Ze.,_. /_• ."- --' ,"5:..'?..-7 .,10' ../ ...:c- ,•rkZ-- V;le:7 •,, ,/_•>. ,Zeg./2:5 ,-- • ....,-e-,-;----, .,...4:--,4.. ..5- -- -4=7,c:,/,'" c-r. 1/e-, e,'/ia -7-6-:e1:,'-.J-- 'c::7,%'), , • ft -- - - - ±-_----- -..- - -- - - -- - - .- -_ - - --- --- - - - - - • - ----- 32 ---- _-__-..__ _ _ _ _ __ _-__ _- _ _. . . _ _ _ . _ _... __ . . _ _ _ _ _ _ __ _ _ _ _ _ _ .._ _ . I • casi, d-i4 • li jj^�..,4� 11' / 9 r , , Ij' / i t I _ _-_-_--- _ -•- -- - 11 -.- I1 t .-_._-- _ ._..._-`_..•....... ....... ........- --- --- j E I 6.4 a©mil fr t k( '?r { AFORIIA I LT TLUN o Horseback Riding Programs Learn To I'' ide /°Camps" For Kids & Adults Beginner Riding & Horsemanship Skills Two-Hour Sessions 2 Sessions per week $40/wk 1 Session per week $25/wk Intermediate Level Classes Semi-Private Lessons $25 per hour Group Lessons $20 per hour Camps and Lessons Scheduled Wednesdays Thru Saturdays Reserve your spot now! Call... Stepping Stone Riding School Beautiful new barn convienently located on 6A near 132 Suzanne 362-3601 renda 362-1562 441 y c: ri6 ci t> ?1,a 1:` ZU of BA at'- G'G4 J &,,����,,,°"' . R',,s� CAPE COD COMMISSION tce VO . J 3225 MAIN STREET �,e * P.O. BOX 226 kA 6 /(,-O h BARNSTABLE, MA 02630 o 14'4..,,,,,,,,,,,,,,,s, (508)362-3828 4CHUS FAX(508)362-3136 E-mail:frontdesk@capecodcommission.org HEARING NOTICE CAPE COD COMMISSION A hearing officer for the Cape Cod Commission will close a pro-forma hearing for procedural purposes on Monday, November 5, 2001 at 10 a.m. at the Cape Cod Commission, 3225 Main Street,Barnstable,MA. The following Development of Regional Impact (DRI) has been referred to the Cape Cod Commission under Section 3 of the DRI Enabling Regulations. This notice is being published as required by Section 5 of tile Cape Cod Commission Act. Project Name: Cillis/Tri—Indoor Horse Riding Arena& Stables Project Applicant: Victor Cillis & Brenda Tri Project Location: Off Route 6A, Barnstable, MA Project Description: Proposed development of approximately 28,500-sq. ft. indoor horse riding arena and stables on 7.36 acres. NOTE: The purpose of this hearing will be to close a DRI hearing. for: procedural purposes. No presentations will be made,.no testimony will:•be ta�ak.en-and-: no, substantive action will be taken regarding this project at this hearing. At a future date the hearing process will resume. Subsequent notice will be provided. The application,plans and relevant documents may be viewed at the Cape Cod Commission office at 3225 Main Street, Barnstable, MA 02630 between the hours of 8:30 a.m. and 4:30 p.m: to schedule an appointment. For further information please contact the Commission office at (508) 362-3828. r 1.I t`9 1'.�.�1 r . J L"„�y { OCT l 19 MI �, � Horse Lease Created: Dec 3, 1997 _ ' 15G.00 AI MONTH"COME AND ENJOy! NO UET '.""" MUC ;_ L 199$��.". Last "edi t : ,A r20, , �.�,, GILLS,NO MUCKING,MD SHOEING, NO FUSS, JUST COME AND ENJOY RIDING! CALL FOR INFO 362-1562 LOTS OF TRAILS a • • • • • • d K . JUL. 16. 1998 7: 38PM PEPE&HAZARD NO. 3622 P. 3 PEPESCHAZARD 1_LP Patrick M, Butler, Esq. July 16, 1999 Page 2 to exist as a result of negligent conduct or actions inconsistent with generally accepted agricultural practices. For the purposes of this section, "agriculture" and "farming" shall be as defined in section one A of chapter one hundred and twenty-eight. Turning to your comments regarding the McDowell case: (1) You suggest that the McDowell case stands for the proposition that the agricultural use in question must be the "primary" use of the land which is the subject of the purported exemption. Nowhere in the McDowell case is there any such statement. Rather, in considering whether McDowell's activities in raising and breeding dogs fell within the definition of "agricultural use", the Appeals Court considered the Massachusetts statute relating to the assessment and taxation of agricultural land. In considering the definition of "agriculture", however, the Appeals Court also considered, and cited with approval the Jeege case --and paraphrases case as standing for the proposition that "the operation of a boarding stable and a riding academy [are] deemed an agricultural use protected by G.L. c. 40A, §3, The agricultural assessment and taxation statute was only one definition of agriculture which the Appeals Court considered, and it states (in full) as follows: Land shall be deemed to be in agricultural use when primarily and directly used in raising animals, including, but not limited to, dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees and fur bearing animals, for the purposes of selling such animals or a product derived from such animals in the regular course of business; or when primarily and directly used in a related manner which is incidental thereto and represents a customary and necessary use in raising such animals and preparing them or the products derived therefrom for market. G.L. c. 61A, §1. You may not be aware that Dr. and Mrs. Cillis have applied for agricultural status to the Massachusetts Department of Revenue under this statute, and are awaiting the customary two-year waiting period for approval. There is no reason to believe that this application will not be approved in the usual course. Notwithstanding that point, the statute defining agriculture, G. L. c. 128, §1, is a far more appropriate place to begin in trying to determine whether a particular activity is "agricultural." As previously noted, that statute defines agriculture to include: /CM/29015/2/60909v 1 07/16/99-BOS/JCM JUL. 16. 1998 7:39PM PEPE&HAZARD NO. 3622 P, 4 PEPERHAARD Luz Patrick M, Butler, Esq. July 16, 1999 Page 3 the raising of livestock including horses, the keeping of horses as a commercial enterprise,... c. 128, §IA. As set forth in the Steege case, not only the raising of horses by the Steeges, but also their purchase of horses, and the stabling, training and participation in horse shows were "all part of one whole and constitute agriculture as that phrase is used in c. 4OA, §3." There is nothing in the McDowell case to suggest that permissible and exempt agricultural uses of horses as set forth in Steege was refined or limited in any way by the McDowell opinion. Rather, the limitations set forth in McDowell pertain only to the raising and breeding of dogs, In point of fact it is likely that at some point the McDowell case will be overruled for the simple fact that dogs do not generally fall within the definition of"livestock". And while the Appeals Court "fail[ed) to see how the raising and training of dogs for sale is distinguishable from the raising and training of other domesticated animals such as ponies or horses...", I suspect that few of us would argue that dogs, because they are not livestock, are quite distinguishable. Nor will you find dogs included in any dictionary definition of "livestock". Accordingly, McDowell has no bearing on the facts in this case, and, instead, the 5gege case controls. (2) Your second point is that McDowell differentiates between the raising and training of one's own animals and boarding and grooming of animals owned by others. Again, because M1cDowell deals with dogs, rather than livestock, such as horses, it is inapplicable. To the point, the statute defining agriculture, Section IA of Chapter 128, specifically states that "the keeping of horses as a commercial enterprise" constitutes "farming" and "agriculture". As mentioned in my previous letter the "keeping of horses" quite literally means boarding, feeding, exercising and cleaning and grooming of horses, Moreover, Massachusetts case law (although quite old -- not surprisingly!) references and defines the "keeping" of a horse as the stabling, feeding, cleaning, grooming and exercising of a horse. In the case of Folsom v_ Barrett, 180 Mass. 439; 62 I .E. 723 (1902), the stable-keeper sought to recover from a horse owner the costs of keeping a horse, and asserted a lien for non-payment of these costs, refusing to tender the horse until payment was made by the owner. The Court dismissed defendant-owner's objections to this lien, holding that: The plaintiff [stable-keeper] kept the horse as he had a right to keep it, and he kept it for the defendant, that is to say, he kept it so that when the sum due was paid the horse could be delivered up. In keeping the horse the plaintiff was performing a duty he owed to the defendant, which was to keep the horse for him. The horse must be fed or die, and both parties knew that. ... The horse was left by the defendant in the hands of the plaintiff without the latter's fault, and the plaintiff was JCM129015l2/60$09v1 07/i 6/99-BOS/JCM Law Office of Maureen K. Flaherty 385 Court Street Plymouth,Massachusetts 02360 Telephone(508)746-0887 Facsimile(508)746-0207 August 4, 1998 Ms. Colleen Verplanck 53-32D Thinker Street Air Station Cape Cod, MA 02542 Via Certified Mail Return Receipt Requested and First Class Mail RE : Lease and Boarding Agreement of Whinipeg's Irish Dream("Winnie") Dear Ms. Verplanck; I have been retained by Brenda Tri and Oktober Farms to represent them in the their claim against you for the $6215.00 in damages which they have incurred as a result of your breach of contract. I have been instructed to take all legal steps necessary to recover any and all amounts which Oktober Farms has incurred as a result of your breach of the Boarding Agreement which you signed on May 3, 1998. On said date,you executed a valid Boarding Agreement in which you agreed to board your horse, Winnie, at Oktober Farms, 2051 Main Street, West Barnstable, Massachusetts. The terms of the Boarding Agreement were clear, unambiguous and became enforceable upon your execution of same. Specifically, the contract required you to pay Oktober Farms$200.00 per month for board, payable by the third(P) day of each month. This reduced board fee was agreed upon by and between Oktober Farms and you in exchange for your agreement to allow Oktober Farms to utilize Winnie in its summer camp program. As expressly stated in the contract,the boarding period was to run from month to month and was terminable by you only upon thirty(30) days notice. At the time when you executed the agreement, you were aware that the summer riding camp program at Oktober Farms was a new program and that your horse was required for its success. In fact,you were aware that the horse was such an integral part of the business that the camp could not run without her. Of particular import is that your knowledge of the camp operations stems not only from the information provided by Brenda Tri but also from your paid employment by Oktober Farms during the relevant time frame. With total disregard for your legal obligation to Oktober Farms, on July 17, 1998,you presented yourself to Oktober Farms and led Winnie off of the property onto a horse trailer which you had parked off site. This was done without the requisite notice to Oktober Farms and constitutes a Admitted to practice in Massachusetts and Rhode Island Law Office of Maureen K.Flaherty Letter to Colleen Verplanck August 4,1998 Page 2 breach of contract. Moreover, your actions are evidence of your bad faith in this transaction. Specifically, if you, in good faith, believed that you were legally entitled to remove the horse from Oktober Farms at any time, as you have alleged,then you would not have found it necessary to take her in the underhanded, devious manner in which you did. Your actions demonstrate that you were aware of your obligations under the Boarding Agreement and with that knowledge, willfully chose to breach the contract. This letter constitutes a formal demand that you immediately pay Oktober Farms and Brenda Tri the $6,215.00 in expense which they have incurred as a result of your breach of contract. As an alternative to the payment of cash, Brenda Tri has generously agreed that she will accept title and physical possession of Winnie as settlement of this matter. Your failure to render immediate payment of all amounts due, or alternatively to sign over title to the horse,WILL result in further legal action against you. Kindly contact me upon receipt of this letter. Very truly yours, MAUREEN K. FLAHERTY Law Office of Maureen K. Flaherty 385 Court Street Plymouth,Massachusetts 02360 Telephone(508)746-0887 Facsimile(508)746-0207 September 1, 1998 Mr. David Verplanck 53-32D Tinnker Street Air Station Cape Cod, MA 02542 RE : Lease and Boarding Agreement of Whinipeg's Irish Dream("Winne") Dear Mr. Verplanck: Pursuant to your recent request, enclosed please find a copy of the Boarding Agreement between Oktober Farms and Colleen Verplank. Thank you. Very truly yours, ttef210C46/(1 MAUREEN K. FLABERT Admitted to practice in Massachusetts and Rhode Island • f` s BOARDING AGREEMENT This Agreement is made q ,3 ,between Oktober Farms located at 2051 Main Street, West Barnstable,MA,and 'dUeu, 11w [and( (referred to as"Owner"), residing at , 61 4i ntLc/ 5 t ( e.i) A 5 C.c.s ma, owner of the horse described in Section 2. . oti5 Y 7- 1. Fees a) In consideration of 44 00 • d 0 Dollars per horse per month paid by Owner in advance on the 3 day of each month,Oktober Farms agrees to board said horse beginning(mN 3L _1s—. • b) In the event that the above fees become delinquent 2 months, Oktober Farms will assume legal ownership of said horse. c) Owner is responsible for all damages incurred by said horse with restitution to be made within 30 days of damages. 6: 2) Description of the Horse(s). .- Ain/�'� �/J//-� Name: Age: if/ Color: �AY — /774✓t Sex: / ' Breed: 4l,1,410,s—Height:I S oL Registration/Tattoo No. N1A4 Last vaccination: (date) 1((lprcL (type) Ve,;n o V.Atill8 Date of last worming: 3-1 is- "! 8 3) Standard of Care. Oktober Farms agrees to provide normal and reasonable care to maintain the health and well-being of said horse. '`•. '�?` a) Daily turn out. `r` "`' b) Private indoor/outdoor stalUpaddock. c) Two flakes of hay, 1-2 scoops of grain provided daily. • d) Fresh water. ° :.` :: :,. e) Wood shavings for bedding.;'' .� •'!. f Other ex �� cCmuXr 06 1uiSJ L, . a•''� /, " _ O..r'c) Clear% — h1 ,. ....` 4) Indemnity . Owner agrees to hold Oktober Farms harmless from any claim caused by said horse and agrees to pay • . legal fees incurred by Oktober Farms in defense of claim resulting from damage by said horse. -;.kl!,_.' _ . 5) Emergency Care. • 4. ., • If medical treatment is needed,Oktober Farms will call Owner. In the event Owner is not reached, Oktober Farms has the authority to secure emergency veterinary and/or blacksmith care.However, Oktober Farms has no responsibility,to pay for such emergency care. Owner is responsible to pay all costs . relating to this care.Oktober Farms is authorized to arrange billing to the Owner,but Owner must make ' :.. • such arrangements with veterinarian and clinic in advance. V -p 1 G.� IC G., 1^GM, -lb 43/00 "11 i—`" u U- a/ k,1 /14)11 c ` " Y • SPp:rS S 2, di...S S,L,a„1 ,'r, es-r-P o, - 1 co - �,r.4, 1 St.p-fI,- ..I,,�.- 15 9 A - S�. w i a a,,r� ('1 1-6 a1( 6o�d � 3sa - . {I (� ( 3�et r. .•w -t,,� . 'j7�-r . a..c S aT u.-.t a I' u. 1 'i 4/-1-; ©� % lr rt.e,L d • Ii.;., ,';'1.j. ,r... ;.• ... 6) Shoeing and Worming. Oktober Farms agrees to implement a shoeing and worming program,consistent with recognized standards. Owner is obligated to pay the expenses of such services including a reasonable stable charge. Such bill shall be pain within 15 days from the date the bill is submitted to Owner. �'st 7) Ownership-Coggins Test. Owner warrants that he owns the horse and will provide,prior to the time of delivery, proof of a negative Coggins test dated within the previous six months. .'`'` _ '!' 8) Termination. Oktober Farms may terminate this Agreement. In the event of a default,Oktober Farms has the right to r recover attorneys'fees and court costs, resulting in this failure of Owner to meet a material term of this Agreement. 9) Notice. Owner agrees to give Oktober Farms thirty(30)days notice to terminate this agreement.The Owner cannot assign this Agreement unless Oktober Farms agrees in writing. 10) Entire Agreement. This constitutes the entire Agreement between the parties. Any modifications or additions MUST be in writing and signed by all parties to this Agreement. No oral modifications or additions will be considered to be part of this Agreement unless reduced to writing and signed by all parties. " 'r OKTOBER FARMS: yi.^ / Signed by: (,,,,L. ti - • 51 Main Street,West Barnstable,MA 02668 . , . (508)362-1562 t...: :..:` OWNER: Zr D^ (4' .... : . t )-�`� Signed by:"�'� 421-' ;.4 ' .C.3_30_0 —iin lig_e4fsEASE 10 „4„,) ab, ae.i. hp, we a res -'�9a O l� 6� r, 1 ow `�' s_Lf 4- S�3 : telephone �n✓Ed Ql - �a- �tCl1�0✓� W i w-� rkt q - 5qo y v� �.. WOO(' ----7)"---`,.• "'flog (o3 c (S C 63q-aloe S mom r oacl CcUuttn, • Lenaon uorp(04-r _;.••,. :- ( ,) qi/33 - 0g kettv f(retfaiic ) Dam i • 2-Arreua_ d6 ; --- 609 horfs Oeclu Of 6-0 ymb I(Y)wn S?xprn sta_b I nu, aYaYAFFL jt&, It , m c 5Co y - yb 47 (3--eh4 ko-104 3(4c). - 3601 ( tArli., vapItcov.L 5 63 - 70) ?( titt,&A,ke,) �oaM 44-ex,,1\1_ - as-7 (1\Ludie.A.;) 8/29/93 6 Mr. Ralph Crossun Building Inspector Town of Barnstable Dear Mr. Crossun: This letter is in regard to the proposed construction on 2021 Main Street, West Barnstable, by myself and my wife, Pamela Troutman. We are coordinating our construction with the construction of the lot directly next to ours, owned by Lynn and Christopher Mason. In order for the Mason family to access their lot, they must cross our lot through a mutually agreed upon right-of-way. In order for both families to access our lots we must use a right of way over a narrow strip of property owned by Brenda and Victor Cillis. We consulted our attorney(August 25) and verified the legality of both right-of-way's. In addition, we consulted with a number of builders, architects, excavators and engineers, as well as the fire department, and carefully determined the safest, most practical point along the Cillis property at which to access both lots . We are convinced that the current access point is the most beneficial for all parties, including the Cillis family. The Mason family began construction on August 25. At this time they had all the necessary permits, and had been approved by the Historic District Committee for a certificate of appropriateness. Accessing the lots required the removal of a portion of a stone wall. It has subsequently come to our attention that a demolition permit is required for removal of the stones, for which we have now applied. Since the removal of stones began, a number of complaints and a campaign of harassment has been undertaken by the Cillis family, clearly intended to prevent the construction. The demolition permit application for the stone wall removal was filed by us with the Town of Barnstable on August 27, 1998, and a hearing has been scheduled for September 23, 1998. At this time the excavation has been halted and the Mason's have ceased construction of their house. The only legal issue is the demolition permit for the stone wall. We did not obtain the permit beforehand simply because we did not know it was necessary. We feel that this oversight is being abused by the Cillis family, merely to interfere with construction. Note that a portion of the wall must be removed no matter where we access the lots, as is well known by the Cillis family. The motivation of the Cillis family is not clear, but we think they want us to change our easement to another location, one which is significantly less desirable, and less safe, according to the Fire Department. They are using the stone wall as leverage to impose their will on us. We hope that you will become aware of these unfortunate circumstances, and act accordingly. Sincerely, David Troutman JUL. 16. 1998 7:4UPM PEPE&HAZARD NO, 3622 P. 5 PEPE5LHAZARD Ll.p Patrick M. Butler, Esq. July 16, 1999 Page 4 bound to take reasonable measures for its preservation. For this expense he may hold the horse or recover against the defendant. See Great Northern Railway v. Swaffield. L.E. 9 Ex. 132. Folsom vaarr-en, 180 Mass. 439; 62 N.E. 723 (1902). In another, even earlier case, the Supreme Judicial Court discussed the validity of the trial court's jury instructions regarding the elements a defendant needed to prove his claimed lien for the keeping of plaintiff's horse. Lynde Parker, 155 Mass. 481; 30 N.E. 74 (1892). The trial court had instructed the jury that In order that the defendant may have a valid lien as against this plaintiff the keeping of the horse, the defendant must show, by the fair preponderance of the evidence, that the horse was boarded by its owner at the defendant's stable by the consent, express or implied, of the plaintiff... The Supreme Judicial Court affirmed that the trial court's instructions were correct, and cited existing statutes which defined the "keeping of horses": By the Pub. Sts. c. 192, (4, 32, "Persons having proper charges due them for pasturing, boarding, or keeping horses or other domestic animals brought to their premises, or placed in their care by or with the consent of the owners thereof, shall have a lien on such horses or other domestic animals for such charges." It was held in Howes v. Newcomll, 146 Mass. 76, that a mortgagor is not the owner within the meaning of this statute, but the mortgagee is. It was said that 'undoubtedly an implied consent will answer the requirements of the law," and that "in every case of this kind the inquiry is whether such implied consent is proved," and that this "depends, where animals are left with a mortgagor by a mortgagee, not only upon the terms of the express contract in relation to them, but also upon all the circumstances surrounding the transaction, indicating the expectation of the mortgagee as to the management of them by the mortgagor." If from these the mortgagee may be presumed to have understood that the mortgagor would take them to a stable keeper to be boarded, and no objection was made, such consent should be implied, otherwise it should not. Lynde v. Parker, 155 Mass. 481; 30 N.E. 74 (1892). Accordingly, not only are the raising and training of horses permissible and exempt agricultural uses, but so too, by virtue of the statutory definition of "agriculture", is the "keeping" or boarding of horses. Finally, as set forth in$teege, 9CM/2901 st2/60809k,: 07/'16/99-8OS4CM JUL. 16. 1998 7:4UPM PEPE&HAZARD NO. 3622 P. 6 PEPERHAZARD LLP Patrick M. Butler, Esq. July 16, 1999 Page 5 not only does agriculture encompass raising, purchasing, boarding, and training of horses, but it also encompasses riding lessons and horse shows. Very truly yours, Julie C. Molloy JCM:jcm cc: Ralph M. Crossen, Building Commissioner (via fax) Emmett Glynn, Chair, Zoning Board of Appeals (via fax) Robert D. Smith, Esq., Town Counsel (via fax) JCM/2 90 1 51216 0 80 M 07/16/99-BOS/JCM JUL, 16. 1998 7: 38PM PEPE&HAZARD NO. 3622 P. 2 PEPESBAZARD LIP LAW OFFICES 150 FEDERAL STREET. 28TH FLOOR JULIE C. MOLLOY ;Also Admitted in UT, AI & ME BOSTON, MASSACHUSETTS 021 10-1 745 Direct Dial: (6171 748-5528 617/695-9090 FACSIMILE 617/695.9255 jmolloy@pepehazard.cvm Vic;facik e (508) 771-8079 July 16, 1999 Patrick M. Butler, Esq, Nutter, McClennen &Fish, L.L.P. 1523 lyannough Road P.O. Box 1630 Hyannis, MA 02601 Re: Oktober Farm Zoning Boa dd of App-ate!s_NQ t 99-7 i Dear Pat: Thank you for clarifying your communications with Town Counsel and the Building Commissioner regarding the McDowell and Steege cases, While I would like to address why the two "distinctions" in McDowell well do not apply here, let me first say that I look forward to sitting down with you to try to resolve our clients' differences. Specifically, as I had indicated to your clients' prior counsel, Mr. Gilmore, since these parties are likely to be neighbors for some time to come, it behooves all to reach some livable resolution of their differences, Dr. and Mrs. Cillis are particularly concerned with the Troutman's and Mason's lack of respect for the Cillis' property, by taking down trees and shrubs without permission, and further burdening the Cillis property with an additional driveway opening. Additionally, there is significant damage to the Cillis' lawn along the lower driveway due to construction vehicles passing over the driveway to the Troutman and Mason parcels. As for Dr. and Mrs. Fernley, evidently they have repeatedly threatened the Bousefield employees regarding the placement of the BouseHouse (which was obtained, in part, to alleviate the Fenney's concerns); also, it seems that the Fenneys' shed is located on the Cillis property, and Dr. and Mrs. Cillis would like it removed. With respect to the allegations of nuisance, I note that a 1989 amendment to Chapter 243 added Section 6, which states; No action in nuisance may be maintained against any person or entity resulting from the operation of a farm or any ancillary or related activities thereof, if said operation is an ordinary aspect of said farming operation or ancillary or related activity; provided, however, that said farm shall have been in operation for more than one year. This section shall not apply if the nuisance is determined JCM12901512J60809v1 BOSTON R1 HARTFORD Rg4.1 SOUTHPORT 07/16/99-BOS/JCM JUL. 16, 1999 1 :29PM I UTTER; MCCLENNEN NO, 1827 P. 2 NUTTER, McCLENNEN & FISH, LLP ATTORNEYS AT LAW ROUTE J32-1$13ITANNOUGH ROAD P.O,SOX 1630 HYANNIS,MASSACHUSEIT6 02601.1630 TELEPHONE:508 790.5400 FACSIMILE:SO8 771.2079 DIRECT DIAL NUMBER (508) 790-5407 E-MAIL ADDRESS pmb@nutter.com • July 16, 1999 Via Facsimile - 1-617-695-9255 Julie C. Molloy, Esquire Pepe & Hazard, LLP 150 Federal Street Boston, MA 02110 Re: Zoning Board of Appeals No. 1999-71 Dear Julie: Thank you for your correspondence of July 15, 1999 with reference enclosures, Please be advised that in my discussions yesterday with the Building Commissioner and Town Attorney, it was not my position that the McDowell case overruled the Steege decision. Rather, I indicated to both Bob Smith and Ralph Crossen that, in my opinion, the McDowell case interprets and refines the Stem decision, and most importantly makes two additional distinctions. First, the agricultural use in question must be the "primary" use of the land which is the subject of the purported exemption. Second, there is a clear distinction made by the court between breeding and raising animals owned by the land owner, versus the boarding and grooming of animals. Accordingly, I would respectfully suggest that the McDowell is applicable and may be utilized by the Town in making determinations with reference to the application of the agricultural exemption statutory language to the subject locus. As I mentioned.on Tuesday evening during our conversation at the Zoning Board meeting, my initial review of the facts and circumstances surrounding this matter indicates that there are also substantial questions and issues relating to non-zoning issues, and in particular, matters associated with common law nuisance and issues regarding the shared access easement to the property. 114 Mass. 624 NORTH EASTERN REPORTER, 2d SERIES i 3. Penalties c=3 ;. ter the defen, 35 Mass.App.Ct. 924 Superior court has no authority to as. `...notices from i J924TOWN OF STURBRIDGE sess fines in civil action. tor in 1990 th i purpose con: V. 4. Appeal and Error a93 town's zonini Sandra J.B. McDOWELL. No appeal lies from denial of motion operating her No. 92-P-681. for summary judgment after trial on merits tract, the tow ' has been had. injunctive reli ', Appeals Court of Massachusetts, the enforcem ,.! 1 Worcester. The Super 3 Susanne R. Blatt, Town Counsel, for that the tom ,' Argued Sept. 17; 199 plaintiff. that the defe Decided Nov. 19, 1993. Edmond A. Neal, III, Southbridge, for dog handling =;,� defendant. .'. breeding and for sale ant Town brought action seeking injunc- Before PERRETTA, KASS and such as the 1 tive relief against landowner utilizing land groomin breeding, raising, boarding, showing PORADA, JJ. _ the gr i for sale wet ,i . and selling dogs, an alleged violation of ftESCRIPT. by G.L. c. ei ! town's zoning ordinance. The Superior 4( r'; Court, Worcester County, ordered that The principal issue presented in this ap- >, grooming, a] owner could continue some activities but peal is whether the breeding and raising of , ke not by her erag orulr was required to cease others, and town dogs for sale is an agricultural pursuit appealed. The Appeals Court held that under G.L. c. 40A, § 3.1 inin vioa result breeding, raising, and trainingof dogs g g g The case was presented upon an agreed cease esult tt which landowner owned was The statement of facts to a Superior Court a on her prop pursuit for purpose of zoning ordinance, judge. We summarize them. The defen or used byh but that boarding, grooming, training g in g dant owns an eighty-two acre tract of land , sale, or tho of dogs not owned or kept as breeding in Sturbridge, which is located in a Rural ' _ saaso stock bylandowner was not"agricultural." Residential District under the Sturbridge � keep » pe : license. 1? � , Affirmed. zoning by-law and on which she conducts a appeals. VS ;k dog handling business. The defendant's business consists of breeding, raising, [1,2] Sr ll 1. Zoning and Planning c=279 boarding, showing, and sellingboth her s 40A, § 3, n t�� ` Breeding, raising, and training of dogs own and clients' dogs. All of these activi we have gr � owned by landowner was "agricultural" ties are conducted on the tract of land, in an expa� 11 i ing1 ec pursuit for purpose of zoning ordinance. except for the showing of dogs. Before M.G.L.A. c. 40A, § 3. beginning her business, the defendant ob- Mass:App.( See publication Words and Phrases tained a kennel license from the town for ' ', (1986) (th( for other judicial constructions and ten dogs or less. The license expired on deemed agi definitions. MarchJ2.2531, 1990, and the town refused to 'i § 3); Steeg c�279 renew it. Duringthe operation of her bust 26 Mass.A] 2. Zoning and Planning p � � 1176 (1988 i I Boarding, grooming, and training of ness,the defendant had housed as many stable17698 dogs not owned or kept as breeding stock forty dogs in kennels maintained by her on deemed an for by landowner were not"agricultural" uses the premises. During 1990, the defendant ,: G.L. c. ar f'I of land within meaning of zoning ordi- maintained an average of fifteen dogs on relied u 0. 0. nance. M.G.L.A. c. 40A, § 3. her property, nine of which she owns. Af definitions 1. General Laws c. 40A, § 3, as appearing in 2. While the judge did not so state in his find- 22 Mass.A, St.1982,c.40,provides in pertinent part "[Nor] ins,the parties agreed that a"[f]arm[,]includ shall any[zoning]ordinance or by-law prohibit, ing agriculture[,] . provided that the lot is not oteege, su, unreasonably regulate or require a special per- less than five[5]acres,"is a permitted use in a 527 N.E.2( mit for the use of land for the primary purpose Rural Residential District. culture er of agriculture...." C?b1'Utn, si ;:I ;:{ yeas .,�,H I ' TOWN OF STURBRIDGE v. McDOWELL Mass. 115 !'. Cite as 624 N.E.2d 114(Mass.App.Ct. 1993) ' the defendant refused to comply with N.E.2d 42. Steege, supra 26 Mass.App.Ct. otices from the plaintiffs building inspec- at 971, 527 N.E.2d 1176. Livestock, in j ;;,rt i e 1990 that the use of her land for this turn, is defined as "[d]omestic animals, i;urpose constituted a violation of the such as cattle or horses, raised for home I 1; „I ; ;wn's zoning by-law and that she cease use or for profit, especially on a farm." her doghandlingbusiness on her American Heritage Dictionary1053 (1992). , II ;. r,perating 1 t, : t, the town brought this action seeking We are also cognizant that at the.time G.L. In' ,ctive relief and the award of fines for c. 40A, § 3, was enacted, the Legislature .' ; 4 i ,°e enforcement of its zoning by-law. was aware of the provisions of G.L. c. 61A, 6 �, ! I'' § 1, inserted by St.1973, c. 1118, § 1, relat- ' 1, The Superior Court judge determined ing to the assessment and taxation of agri- t the town was wrong in demanding cultural land, which provided that. fli nd 1 I ),:t the defendant cease all aspects of her shall be deemed to be in agricultural use ��^S� I I t,�g handling business. He ruled that the when .rip. marily and directly used in raising (�-4 -1 ;1 ' !: i; ••,• g and raising of dogs owned by her animals, including, but not limited to, dairy ''i"`- i.I I:, :or sale and activities incidental thereto S c cattle, beef cattle, poultry, sheep, swine,..di as the boarding of breeding stock and horses, ponies, mules, goats, bees and fur- (4..nlnry I , iy a grooming and training of the dogs held bearing animals, for the purpose of selling L,j;-- 1'I' sale were agricultural uses protected such animals I II r ;r or when primarily and y i. G.L. c. 40A, § 3, but that the boarding, directly used in a related manner which is 1 it ! , ' [;,'ming, and training of dogs not owned incidental thereto and represents a custom- 1 1'''` c:. her or kept for breeding purposes were aryl26and necessary use in raising such � v, 11, ;.,.t agricultural uses and, therefore, were animals...." While dogs are not specifi- NI' i 'violation of the town's zoning by-law. cally enumerated in the dictionary defini- I, ! a result,he ordered"that the defendant tion of livestock or in this statute, they are I1;,1 4,...e boarding, grooming or training dogs considered domestic animals,see Common- 11I�;'1 III r..her property except those owned, kept, wealth v. Proctor, 355 Mass. 504, 505-506, I I i.,used by her for breeding purposes or for 246 N.E.2d 454 (1969), and are raised "for III e, or those dogs that she may lawfully home use or for profit." We fail to see :; ; i -p as pets without obtaining a kennel how the raising and training of dogs for 'tlhll I ..nse." From this judgment, the town sale is distinguishable from the raising and +;.,••Is. We affirm. training of other domestic animals such asI. :,. 1 ., , ponies or horses which we concluded in ; I„ 1 '( 1,2] Since the enactment of G.L. c. Steege amounted to an agricultural pursuit. I� �� A, § 3, inserted by St.1975, c. 808, § 3, Consequently, we conclude that the breed- have given "agriculture" as used there- ing2 raising, and training of dogs owned (�� I I an expansive construction. See Build- v 1 the a endant on the land is an agri�cu_tural ., , Inspector of Mansfield v. Curvin, 22 pursuit under G.L. c. 40A, § 3. We also Iii;I`., .App.Ct. 401, 402-404, 494 N.E.2d 42 agree with the judge that the boarding, 1 �i ,0 •) (the maintenance of a piggery grooming, and training of dogs owned 1' G,, hied agricultural use under G.L. c. 40A, or as breeding stock by the eefendant � s i1 ik`0N �I +�Ir )); Ste a v.BoardfAppeals of Stow, areno agricultural uses, because these ,5r; �,. -,.'1,ass•App.Ct. 970, 971-972, 527 N.E.2d activities are not an integral part of the Iv- ;I r 176 (1988) (the operation of a boarding breeding or raising of dogs. Cf.. Se �,,^�;I I' 'le for horses .-�rr and a riding any supra 26 Mass.App.Ct. at 970, 972, 527 0 ,:'j -;.,ed an agricultural use protected_by N.E.2d 1176. h`1 :l 1. . 40A, § 3). In doing so, we have In doing so we are not unmindful that, :': `j'1;` '""n •6th dictionary and statutory the Supreme Judicial Court has held that j !; ` "==jl tions of a i a..agriculture. Cumin, supra the maintenance of a dog kennel is not r „ �s•App.Ct. at 403-404, 494 N.E.2d 42. farming or agriculture, Hume v. Building .,. 1 'e, supra 26 Mass.App.Ct. at 971-972, Inspector of Westford, 355 Mass. 179, 182, ", ;N.E.2d 1176. These definitions of agri- 243 N.E.2d 189(1969), and the maintenance j ,7" • embrace the raisingof livestock. of a `I• greyhound raising stable is not a farm, 1 , ' Win,supra 22 Mass.App.Ct. at 403, 494 Mioduszewski v. Saugus, 337 Mass. 140, ''1 I • f I, I ; I, In 1 !,; -a- J• I i I 116 Mass. 624 NORTH EASTERN REPORTER, 2d SERIES 1 ,;I 142-144, 148 N.E.2d 355(1958). We do not sessed common-law damages awarded o, , •.ul think these cases controlling because they related claims by another judge for p Cust were decided before the enactment of G.L. poses of assessing damages under the Act;,;,! c. 40A, § 3, and were limited to the con- „ Ordered accordingly. [1) struction of "farm" or "farming" as set a'` , ' forth in the local zoning by-law in question. �` r ;I [3,4] There is no merit in the plaintiff's 1. Judgment c .644 I. Il i' other claims that the judge erred in failing Judge who heard claim under Consu ,•t . ho to assess fines against the defendant for er Protection Act was not bound by prin ' by P theproscribed activities and the judge i e I � ,. J g pies of issue preclusion to accept previous ; J,I should have granted it summary judgment. ly assessed common-law damages awarded' ges !i1111 The Superior Court has no authority to on related claims by another judge for puri ,dam: assess fines in a civil action, Burlington poses of assessing damages under the Act;, ' re` #i Sand & Gravel, Inc. v. Harvard, 31 Mass. M.G.L.A. c. 93A, § 1 et seq. or : d App.Ct. 261, 264, 576 N.E2d 707 (1991), that l I and no appeal lies from the denial of a 2. Consumer Protection ca36.1 id: '1 motion for summary judgment after a trial Judgment l '644 1 on the merits. Sullivan v. First Mass. dent Financial Corp., 409 Mass. 783, 790-791, Trial c=374(2) $7,5t h Judge sitting independently on Con ng 4 569 N.E.2d 814 (1991). SIG_' sumer Protection Act claim may arrive at '. of f' ( Judgment affirmed. findings different from those of jury sib :h w i)i; w ting on related common-law claims, even` e though there is evidence which, if believed, Eton i }: : O E KEY NUMBER SYSTEM �,Y IY b( T would support jury award. M.G.L A c.111' I 93A, § 1 et seq. Geo { ,1�, or( i i 3. Consumer Protection c 40 chat ` 35 Mass.App.Ct. 563 L; I; Damages of $7,500 awarded on Con- and Geoffrey D. WYLER, Second, sumer Protection Act claim were subsumed' , set, • Y'I,. v. by $45,000 in damages already recovered', ' ,¢1; BONNELL MOTORS, INC. under parallel common-law claim; however, bee; u. when doubled to$15,000 because defendant Y • !' No. 92—P-932. Gee 1` . acted willfully, punitive component of that A 'i figure, $7,500, was not subsumed in recov rep t! i Appeals Court of Massachusetts, tide ,,i;' Middlesex. ery under the parallel common-law claim,.' it,u and plaintiff was entitled to recover that (thE f i, , Argued Sept. 27, 1993. amount. M.G.L.A. c. 93A, § 1 et seq. ,Wh( j'i I;' ��; III Decided Dec. 1, 1993. rep. 11 :-nen 1;!;0, Further Appellate Review JOI {�. Denied Feb. 1, 1994. Peter T. Wechsler, Boston, for defen the jt.1: dant. j` `his , I' Appeal was taken from judgment of Andrew M. Fischer, Boston, for plaintiff 'liP A I the Superior Court, Middlesex County, Jo- • Before PERRETTA, KASS and I seph S. Mitchell,Jr.and James F. McHugh, • ` ' ;! PORADA, JJ. w H JJ., entered in action for abuse of process A I and violation of Consumer Protection Act. 'C KASS, Justice. :i 1! The Appeals Court, Kass, J., held that C s judge who heard claim under Consumer There must be a cautionary tale to.spin , •sII Protection Act was not bound by principles when, as here, a difference of optnlon`' 2.of issue to acce t reviousl as- about an automobile repair bill of $502 33'., h , , preclusionP previously 1 I .. T JUL-15-99 18= 37 FROM=PEPE AND HAZARD LLP ID:6176959255 PAGE 2/18 PEP LLP LAW OFFICES 150 FEDERAL STREET,28TH FLOOR JULIE C. MOLLOY BOSTON, MASSACHUSETTS 021 1 0-1 745 #Also Admitted in UT, RI & ME 617/695-9090 FACSIMILE 617/695-9255 Direct Dial (617) 748 5528 imolloy@pepehazard.com Via Facsimile (508) 790-6230 July 15, 1999 Ralph M. Crossen, Building Commissioner Department of Health Safety and Environmental Services Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Re: Oktober Farm/Cease and Desist Order 2051 Main Street, West Barnstable Brenda Tri/Victor Cillis, M.D. nakAppmLN.Q, l -71 Dear Mr. Crosser): In our telephone discussion this morning, you indicated that counsel for the abutters (the Fenneys, Masons and Troutman), Patrick Butler, has suggested that the case of awn of Sturbridge v. MCDo , 35 Mass.App.Ct. 924, 624 N.E.2d 114 (1993) (copy enclosed)may have some bearing on this case. However, as set forth below, that case is inapplicable to the situation presented by Oktober Farm, and instead Town Counsel's opinion, as set forth in his Memorandum of July 14, 1999, and your own, that the operation of Oktober Farm, as set forth in the business plan submitted to you on June 18, constitutes, as a whole, a "commercial agricultural use within the meaning of Section 3 of Chapter 40A of the General Laws", and, in accordance with the Appeals Court decision in the case of SSeege v. Board fAppeals of Stow, 26 Mass.App.Ct. 970, 527 N.E.2d 1176 (1988), is a permissible and exempt agricultural use under the Zoning By-Laws of the Town of Barnstable. I. aumma • ]Effect cDow Il e: In the McDowell, Sandra McDowell operated a "dog handling business" on 82 acres located in a "rural residential" district of the Town of Sturbridge. Sturbridge v_ M crwell 35 Mass.App.Ct. at 924-5, 624 N.E.2d at 114-5 This business included the breeding, raising, boarding, showing, and selling of both Ms. McDowell's own dogs and those belonging to her clients. a Although Ms. McDowell had initially obtained a kennel license from Sturbridge, after JCMJ2C915'2160747vI BOSTON 1 H HARTFORD 1154i SOUTHPORT Mh c/oo_nnC/vemx JUL-15-99 18. 37 FROM:PEPE AND HAZARD LLP ID:6176959255 PAGE 3/18 PE INS 4� RD ALP Ralph M. Crossen, Building Commissioner July 15, 1999 Page 2 it expired in March of 1990, Sturbridge refused to renew that license. Id, Thereafter, the building inspector issued several notices to Ms. McDowell informing her that the operation of the dog handling business violated the zoning by-laws. The Building Inspector then took steps to enforce the zoning by-laws, by bringing an action for injunctive relief and an award of fines in the Superior Court, rl v. w 35 Mass.App.Ct. at 925, 624 N.E.2d at 115_ After trial, the Superior Court held that Ms. McDowell's business, insofar as it consisted of the "breeding and raising of dogs owned by her for sale and activities incidental thereto such as the boarding of breeding stock and the grooming and training of the dogs held for sale" constituted an exempt agricultural use,pursuant to Section 3 of Chapter 40A, and thus did not violate the applicable zoning by-laws. Id. However, the Superior Court held that the boarding, grooming and training of dogs not owned by her or kept for breeding purposes did not constitute an exempt agricultural use, and thus such activity would violate the zoning by-laws. Id. In affirming the decision of the Superior Court upon appeal, the Appeals Court looked to the statutory definitions of agriculture, as well as its definition as contained in the American Heritage Dictionary, and in various cases, including, significantly, the Stegggg case. Sturbridge v. McDowell, 35 Mass.App.Ct. at 925, 624 N.E.2d at 115. In doing so, the Appeals Court reaffirmed that where a particular zoning by-law does not contain a definition of the term agriculture, the definition of such terms as set forth in the statutes of the Commonwealth must apply. Id. It also reaffirmed the Steege case itself. a.. Of equal importance is the Appeals Court's affirmation that the agricultural use exemption set forth in Section 3 of Chapter 40A applies not only to the agricultural use itself, but also to uses which are customary, usual, and incidental to such agricultural uses. II. Stinctions Between McDo jell and Steage cases and tp kttober arm'c Opgsation While at first glance the Steege and McDowell cases may appear to be contradictory, and it may seem, as Mr. Butler and his clients would like the Building Commissioner to believe, that the McDowell case overruled the Steege case, this is not so. There are certain significant and important distinctions between the facts of these two cases, first and foremost of which is that McDowei' involved dogs, while Steegq involved horses, which reconcile seemingly contradictory results. Simply put, since horses were at issue in Steege, while dogs were at issue in McDowell, the results in these two cases differed because of the definition of the term "agriculture" as set forth in Section 1 A of Chapter 128, which states: JCM 29015/2/60747v 117 7 croa nny!T,1, JUL—15-99 19�:�'{38 FROM .PPEPPEr,AND HAZARD LLP ID:6176959255 PAGE 4/78 P ,�.' 'TIAZ RD LLP Ralph M. Crossett, Building Commissioner July 15, 1999 Page 3 "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growingand harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. G.L. c. 128, §IA. 1 In McDowell. the Appeals Court decided that although dogs do not fall within the traditional definition of"livestock", certainly they are "domesticated animals". The Appeals Court stated that since those animals which traditionally fall within the definition of "livestock" are also "domesticated animals", it could find no valid reason for excluding dogs from the definition of livestock. tun rage v, c.Dowell, 35 Mass.App.Ct. at 925, 624 N.E.2d at 115 ("We fail to see how the raising and training of dogs for sale is distinguishable from the raising and training of other domestic animals such as ponies and horses which we concluded is an agricultural; pursuit.") That the Appeals Court extended the statutory definition of agriculture to include dogs to be raised, bred and trained by Ms. McDowell, but declined to find that this agricultural use included the keeping of dogs as a commercial enterprise by boarding, grooming and training of others' dogs, however, is n g an indication of a limitation or reversal of its holding in the , leg a case. Rather, this limitation in McDQjell is nothing more than an indication that the Appeals Court was somewhat uncomfortable in including dogs in the definition of livestock, particularly in Iight of two decisions of the Supreme Judicial Court, in 1969 and 1958, which specifically held that the definitions of"farming" and "agriculture" did not include maintenance of dog kennels. I This definition of"fanning" and "agriculture"is also contained in the Public Health statute(Chapter 111), and a similar definition is set forth in the Taxation of Agricultural Lands statute(Chapter 61A;here,however, agricultural and horticultural uses are separately defined,hire the language is not.identical). JCM129015: '67747 1 AOh S/OO.nI 'um.n JUL-1 5-99 le: 38 FROM:PPEPPE�1AND HAZARD LLP I D:6 1 769 59255 PAGE 5/1 8 PEPEIRHAL1A WLl_P Ralph M_ Crossen, Building Commissioner July 15, 1999 Page 4 Thus, the MCCpoweli case has no application to this case--except insofar as it affirmed the Ste ge case --and the$tee;a case is controlling. As noted in the Stegge case, where the term "agriculture" is not defined in a city or town zoning ordinance or by-law(as it is not in Barnstable), reference must be made to the definition of that term contained in state statutes, dictionaries and other cases. Moreover, the term agriculture has been liberally construed by the courts since the enactment of Section 3 of Chapter 40A (in 1975). Sturbridge v 35 Mass.App.Ct. at 925, 624 N.E.2d at 115 (courts have given "agriculture" as used in c. 40A, §3 an expansive construction with reliance upon dictionary and statutory construction).2 Section 1A of Chapter 128, set forth above, specifically includes not only the raising of livestock, but also specifically the keeping of horses as a commercial enterprise. This chapter-- which deals broadly with all aspects of agriculture--also specifically regulates not only horse stables, but also horse back riding schools and instructors. Indeed, the stabling or "boarding" of horses consists -- quite literally --of keeping of horses as a commercial enterprise. In the Steege case, as in this matter relating to Oktober Farm, the Appeals Court specifically addressed the issue of the raising, keeping and boarding of horses, as well as offering riding lessons and riding facilities to determine whether these activities fell within the definition of agriculture_ S, eege v. Board of peals of Stow, 26 Mass.App.Ct. 970, 527 N.E.2d 1176. The Appeals Court specifically found that these activities fell within the definition of"agriculture" as set forth in the Massachusetts Statutes, and specifically stated that: In view of the evidence and the expansive definitions of "agriculture" in the statutes, the [court was correct in ruling] that the [Steeges' 2 In the Agricuitu:e statute, the Massachusetts Legislature has sougb.t to define and regulate all agricultural activities. which include: ► horseback riding schools(G.L. c_ 128, §2A) ► operation of horse stables and farms(G.L. c. 128, §2B) operation of sheep farms(G.1.,. c. 128, §§9-11) ► regulation of dairy faints(G.L. c. 128, §§12-13) ► operation of nurseries and plant pest control(G.1,. c. 128, §§16-31A) ► operation of apiaries(beekeeping farms)(G.L. c. 128, §§32-36A) ► regulation of labeling and sale of honey and maple syrup(farming products)(G.L. c. 128, §§368-38) ► regulation of county agricultural cooperative extensions and agricultural and horticultural societies (G_L_ c. 128, §§40-50) ► regulation of commercial animal feedstuffs(G.L.c. I28, §§51-63) ► regulation of commercial fertilizer(G.L. c_ 128, §§64-83) regulation of agricultural and other seeds(G.L.c. 128, §§84-101) ► regulation of apple production and promotion(G.L. c. 128, §§102-115) 311Iv1/290I 5,1/60747v' JUL-15-99 18: 39 FROM:PEPE AND HAZARD LLP ID:6176959255 PAGE 6/78 PE:Pp-qt.-VAPID LLP Ralph M. Crossen, Building Commissioner July 15, 1999 Page 5 activities] ... are all part of the one whole and constitute agriculture as that phrase is used in c. 40A, §3. „ 26 Mass.App_Ct. at 972, 527 N.E.2d at 1178. Further, it is a usual and customary usage of farms in Barnstable County to offer not only the boarding of horses, but also lessons and trail rides, all of which are offered at any number of farms in Barnstable County. In closing, the activities of Oktober Farm with respect to horses are identical to those as described in the ,SYeege case, and as has been further described to you in the business plan and revised registration form previously submitted for your review. The Appeals Court has affirmed that these activities fall within the agricultural exemption as contained in Section 3 of Chapter 40A. Accordingly, the McDowell case has no application to this matter, and, on behalf of Dr. and Mrs. Cillis, I request that your office rescind or revoke the Cease and Desist Order issued in February of this year. V , truly yours, Ci/ Julie C. Mo y JCM:jcan Enclosures cc: Robert D. Smith, Esq. Patrick M. Butler, Esq. Emmett Glynn, Chairman, Zoning Board of Appeals JCM125O15/2,0747v1 07,15!99-$O$,JCM JUL-1E-99 18. 39 FROM:PEPE AND HAZARD LLP ID:6176959255 PAGE 7/18 Oktober Farms Stepping Stones Riding School Business Plan Oktober Farms is owned and operated by Brenda Tri and Victor Cillis, avid horse lovers and owners. At present, Oktober Farms owns two horses, three ponies and two miniature horses. Additionally, five horses are boarded at Oktober Farms. Oktober Farms' ideal capacity is for 16 to 18 horses and/or ponies, although zoning regulations permit up to 28 horses and/or ponies on the 718 acres of the farm, Beginning in 1998, Stepping Stones Riding School opened, offering lessons in the safety, care, handling, management and riding of horses and ponies. This training is specifically designed to enable students of all ages and skill levels to safely care for and manage horses and ponies, in order to prepare them for the lease and/or purchase of a horse or pony at a future date. Lessons are offered on a per-class basis, and include training in ground work, including grooming, stall and paddock care, feeding care, tacking up, tack care, handling and riding of horses and ponies. Classes are small and personalized for individual training on a limited basis. Oktober Farms and JUL-15-99 19.40 FROM:PEPE AND HAZARD LLP ID:6176959255 PAGE 8/18 Stepping Stones Riding School finds joy and takes pride in working with children and persons with disabilities in helping them achieve their goals and dreams. Oktober Farms and Stepping Stones Riding School have made application to the Commonwealth of Massachusetts pursuant to Chapter 61A of the General Laws, for farm status. At present, that application is proceeding through the usual two-year waiting period. Oktober Farms and Stepping Stones Riding School are also members of the Massachusetts Farm Bureau, and insured as a farm for all liabilities. Lessons should be scheduled in advance, payable at the time of lessons, unless otherwise arranged with Brenda Tri. Advance notice of cancellation of any lesson is appreciated. Please arrive at least 15 minutes before lesson begins. Before enrolling in the program, the following information is required, in order to assess skill levels. JUL-15-9S 18.40 FROM=PEPS AND HAZARD LLP ID=6176959255 PAGE 9/19 !�.,,fr \AI ._ v ' \i i3 ... ���w.V��jje�.'7 �_'"`6 — . JGcdcrs f c4$_Q_€ it G z .mod. EFENOA TRI•Owner Boarding,Lessons 2)51 Main St. vY.Barnstable,MA 02668 505 362.1552 Purpose&Description of Lesson Program Students registered for horseback riding lessons at Stepping Stones Riding School are instructed in the safety, care. handing, management and riding of horses and ponies. This training is specifically designed to enable studeets of all ages and skill levels to safely care for and manage horses and ponies in order to prepare them for the lease and/or purchase of a horse or pony at a future date. Lessons include training in ground work, including grooming, stall and paddock care, feeding care, tacking up, tack care, handling and riding of horses and ponies. Lessons should be scheduled in advance,payable at the time of lessons, unless otherwise arranged with Brenda Tri. Advance notice of cancellation of any lesson is appreciated. Please arrive at(east 15 minutes before lesson begins. Before enrolling in the program,the following information is required,in order to assess skill levels: PARTICIPANT REGISTRATION Name: Age: Phone: Address: Emergency contact: Phone: Prior Equine Experience: If student is a minor child;ender the age of eighteen years)or under any disability,parent or guardian must set forth his/her name,and acknowledge by signing below that child has permission to enroll in program: Parent/Guardian Name&Address: Signature:, RELEASE&WARNING I for myself and any minor child and/or ward to who I am parent and/or guardian, recognize the inherent risks of participating in equine activities, and specifically acknowledge that such equine activity (including riding and learning to ride) specifically involves risks of serious injury. In enrolling in this program, I assume for myself and/or any minor child for whom I am the parent or guardian,any and all such risks of injury and further I knowingly and voluntarily release Stepping Stones Riding School, Oktober Farm, and their instructors, agents, servants and employees from any and all liability and responsibility on account of any injuries to myself and/or any child or ward for whom I am parent and/or guardian, sustained in connection with this program, whether riding; or not. t further agree to indemnify and hold harmless Stepping Stone Riding School, Oktober Farm, and their instructors, agents, servants and employees, on account of any such claim, including specifically attorneys' fees and costs. Under Massachusetts law, an equine professional is not liable for an injury to, or death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 20 of Chapter 128 of the Massachusetts General Laws. MEDICAL AUTHORIZATION in the event that the above-registered participant requires emergency medical treatment on account of any acadent or injury, by signing below, I hereby give Stepping Stones Riding School andtor Oktober Farm, and their instruGters,agents,servants and employees full permission and authority to provide any and all such emergency care and medical treatment to this participant, as required in their sole discretion, and knowingly and voltintarity release Stepping Stones Riding School,Oktober Farm,and their instructors,agents. servants and employees from any and all liability and responsibility in connection with any such care or treatment Parent/Guardian: Student Date: JUL-15-99 1e 41 FROM.PEPE AND HAZARD LLP 1D:6178959255 PAGE 10/19 Town of Barnstable Legal Department-Town Attorneys' Office 367 Main Street,Hyannis MA 02601-3907 Me du 1 � ¶ Robert D.Smith,Town Attorney ` Office; 508-862-4620 Ruth J.Weil,Assistant Town Attorney .' Fax: 508-775-3344 Claire Griffon Paralegal/Legal Assistant jut 4 After 4:30PM 790-6283 Terri Cahalane,Legal Clerk Tom oc BARPISTmit ZOIJIMG R.ARD OF APPEA�s Date: July 14, 1999 To: RALPH CROSSEN, Building Commissioner From: ROBERT D. SMITH, Town Attorney I ,2 J" _ Subject: Agricultural Use, 2051 Main St., W_ Barnstable (Tri &Cillis) Legal Ref. #99-0114 This memorandum is in response to your request for advisement in the above matter dated June 21, 1999, concerning operating a commercial riding academy as an agricultural exemption (for your convenience, a copy of your memo only is attached). I believe that your current position with respect to the above matter is the position which is most defensible from a legal point of view. That is, that the use of the 7.0'Acres of land for the raising of horses and their marketing—I believe that it is particularly significant that there have been 10 sales of horses over the past few years—together with the accessory uses of renting riding lessons for a fee, is altogether a commercial agricultural use within the meaning of section 3 of chapter 40A of the general laws. I trust this is responsive to your request but should you need to discuss this further, please don't hesitate to give me a call. RDS:cg Atchmt. . ff9901141r4 i.1j JUL. 15, 1998 7: 09PM PEPE&HAZARD NO, 3594 P. 1/18 PEPE & HAZARD LLP Law Offices 150 FEDERAL STREET BOSTON, MA 02110-1745 TELEPHONE: (617) 695-9090 FAX: (617) 695-9255 MULTI-PARTY FAX COVER SHEET DATE: Julv15. 1999 TIME: 7:20 PMPM CLIENT/MATTER: 29015.2 PLEASE DELIVER THIS FAX IMMEDIATELY: TO; FIRM: FAX NUMBER; PHONE NO; Emmett Glynn, Chair Zoning Board of Appeals (508) 862-4725 (508)790-6225 Ralph M. Crossen Building Commissioner (508) 790-6230 (508) 862-4038 Patrick M. Butler, Esq. Nutter, McClennen & Fish. (508)771-8079 (50S) 790-5407 Robert D. Smith, Esq. Town Counsel (508) -3344 (508) 790-6280 FROM: Julie C._Molloy COMMENTS: Please see attached, TOTAL NUMBER OF PAGES, INCLUDING THIS COVER SHEET: l,5 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US IMMEDIATELY. THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE AND ANY ATTACHED DOCUMENT(S) IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE, THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL, IF THE READER OF THIS MESSAGE IS NOT TIM INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW DISSEMINATION DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (617) 695-9090 OR BY ELECTRONIC MAIL (postmaster®pepehazard.com)IMMEDIATELY, THANK YOU. Transmitted By: Return To: Nancy Saunders JCM!29015/2/60662v1 07/15/99-BOS/]CM JUL, 15. 1998 7: 09PM PEPE&HAZARD Na 3594 P, 2/18 -- P LLP LAW OFFICES 150 FEDERAL STREET 28TH FLOOR JULIE C. MOLLOY BOSTON, MASSACHUSETTS 02110-1745 #Also Admitted in UT, RI $ ME 617/695-9090 FACSIMILE 617/695-9255 Direct Dial: (617) 748.5528 jmolloy@pepehazard.com Via Facsimile (508) 790-6230 July 15, 1999 Ralph M. Crossen, Building Commissioner Department of Health Safety and Environmental Services Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Re: Oktober Farm/Cease and Desist Order 2051 Main Street, West Barnstable Brenda Tri/Victor Cillis, M.D. ZBA Appeal No. 1999-71 Dear Mr. Crossen: In our telephone discussion this morning, you indicated that counsel for the abutters (the Fenneys, Masons and Troutman), Patrick Butler, has suggested that the case of Town of Sturbridge v. McDowell, 35 Mass.App.Ct. 924, 624 N.E.2d 114 (1993) (copy enclosed) may have some bearing on this case, However, as set forth below, that case is inapplicable to the situation presented by Oktober Farm, and instead Town Counsel's opinion, as set forth in his Memorandum of July 14, 1999, and your own, that the operation of Oktober Farm, as set forth in the business plan submitted to you on June 18, constitutes, as a whole, a "commercial agricultural use within the meaning of Section 3 of Chapter 40A of the General Laws", and, in accordance with the Appeals Court decision in the case of Steege v. Board of Appeals of Stow, 26 Mass.App.Ct. 970, 527 N.E.2d 1176 (1988), is a permissible and exempt agricultural use under the Zoning By-Laws of the Town of Barnstable. Y- Summary and Effect of McDowell case: In the McDowell, Sandra McDowell operated a "dog handling business" on 82 acres located in a "rural residential" district of the Town of Sturbridge. Sturbridge v. McDowell, 35 Mass.App.Ct. at 924-5, 624 N.E.2d at 114-5 This business included the breeding, raising, boarding, showing, and selling of both Ms. McDowell's own dogs and those belonging to her clients. 1 . Although Ms. McDowell had initially obtained a kennel license from Sturbridge, after 1CM/29015/2/60747v1 BOSTON nstl HARTFORD F6411 SOUTHPORT 07/15/99-BOS/1CM JUL. 15. 1998 7: 09PM PEPE&HAZARD Na 3594P. 3/18 PEPERHAZARD LLP Ralph M. Crossen, Building Commissioner July 15, 1999 Page 2 it expired in March of 1990, Sturbridge refused to renew that license. .rd Thereafter, the building inspector issued several notices to Ms. McDowell informing her that the operation of the dog handling business violated the zoning by-laws. a The Building Inspector then took steps to enforce the zoning by-laws, by bringing an action for injunctive relief and an award of fines in the Superior Court. Sturbridge v. McDowell, 35 Mass.App.Ct. at 925, 624 N.E.2d at 115. After trial, the Superior Court held that Ms. McDowell's business, insofar as it consisted of the "breeding and raising of dogs owned by her for sale and activities incidental thereto such as the boarding of breeding stock and the grooming and training of the dogs held for sale" constituted an exempt agricultural use, pursuant to Section 3 of Chapter 40A, and thus did not violate the applicable zoning by-laws. d However, the Superior Court held that the boarding, grooming and training of dogs not owned by her or kept for breeding purposes did not constitute an exempt agricultural use, and thus such activity would violate the zoning by-laws. Id„ In affirming the decision of the Superior Court upon appeal, the Appeals Court looked to the statutory definitions of agriculture, as well as its definition as contained in the American Heritage Dictionary, and in various cases, including, significantly, the Steege case. ,Sturbridge v. McDowell, 35 Mass.App.Ct. at 925, 624 N.E.2d at 115. In doing so, the Appeals Court reaffirmed that where a particular zoning by-law does not contain a definition of the term agriculture, the definition of such terms as set forth in the statutes of the Commonwealth must apply. Lai. It also reaffirmed the Steege case itself. Id,, Of equal importance is the Appeals Court's affirmation that the agricultural use exemption set forth in Section 3 of Chapter 40A applies not only to the agricultural use itself, but also to uses which are customary, usual, and incidental to such agricultural uses. I4,. II. Distinctions Between 1Nc Dwell and teB$ Cases, IId to Ol.tob r Farms ration While at first glance the Steege and McDowell cases may appear to be contradictory, and it may seem, as Mr. Butler and his clients would like the Building Commissioner to believe, that the McDowell case overruled the Saw case, this is not so. There are certain significant and important distinctions between the facts of these two cases, first and foremost of which is that McDowell involved dogs, while Steege involved horses, which reconcile seemingly contradictory results. Simply put, since horses were at issue in Steege, while dogs were at issue in McDowell, the results in these two cases differed because of the definition of the term "agriculture" as set forth in Section lA of Chapter 128, which states: JCM/29015/2/60747v 1 07/15/99-BOS/JCM JUL. 15. 1998 7 : 10PM PEPE&HAZARD NO. 3594 P. 4/18 1E IAZRD LLP Ralph M. Crossen, Building Commissioner July 15, 1999 Page 3 "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. c. 128, §1A. ' In McDowell, the Appeals Court decided that although dogs do not fall within the traditional definition of "livestock", certainly they are "domesticated animals". The Appeals Court stated that since those animals which traditionally fall within the definition of "livestock" are also "domesticated animals", it could find no valid reason for excluding dogs from the definition of livestock. Sturbridge v. McDowell, 35 Mass.App.Ct. at 925, 624 N,E.2d at 115 ("We fail to see how the raising and training of dogs for sale is distinguishable from the raising and training of other domestic animals such as ponies and horses which we concluded is an agricultural; pursuit.") That the Appeals Court extended the statutory definition of agriculture to include dogs to be raised, bred and trained by Ms. McDowell, but declined to find that this agricultural use included the keeping of dogs as a commercial enterprise by boarding, grooming and training of others' dogs, however, is > an indication of a limitation or reversal of its holding in the Steege case. Rather, this limitation in McDowell is nothing more than an indication that the Appeals Court was somewhat uncomfortable in including dogs in the definition of livestock, particularly in light of two decisions of the Supreme Judicial Court, in 1969 and 1958, which specifically held that the definitions of "farming" and "agriculture" did not include maintenance of dog kennels. 1 This definition of"farming" and "agriculture" is also contained in the Public Health statute(Chapter 111), and a similar definition is set forth in the Taxation of Agricultural Lands statute(Chapter 61A; here, however, agricultural and horticultural uses are separately defined, hence the language is not identical). JCM/290 L 5/2/60747v 1 07/15/99-BO0CM JUL. 15. 1998 7: 11PM PEPE&HAZARD NO, 3594 P, 5/18 �— LLP Ralph M. Crossen, Building Commissioner July 15, 1999 Page 4 Thus, the McDowell case has no application to this case — except insofar as it affirmed the Srege case-- and the Steege case is controlling. As noted in the Steege case, where the term "agriculture" is not defined in a city or town zoning ordinance or by-law (as it is not in Barnstable), reference must be made to the definition of that term contained in state statutes, dictionaries and other cases. Moreover, the term agriculture has been liberally construed by the courts since the enactment of Section 3 of Chapter 40A (in 1975). Sturbridge v. McDowell, 35 Mass.App.Ct. at 925, 624 N.E.2d at 115 (courts have given "agriculture" as used in c. 40A, §3 an expansive construction with reliance upon dictionary and statutory construction).2 Section lA of Chapter 128, set forth above, specifically includes not only the raising of livestock, but also specifically the keeping of horses as a commercial enterprise. This chapter -- which deals broadly with all aspects of agriculture -- also specifically regulates not only horse stables, but also horse back riding schools and instructors. Indeed, the stabling or "boarding" of horses consists -- quite literally -- of keeping of horses as a commercial enterprise. In the Steege case, as in this matter relating to Oktober Farm, the Appeals Court specifically addressed the issue of the raising, keeping and boarding of horses, as well as offering riding lessons and riding facilities to determine whether these activities fell within the definition of agriculture. Steege v. board of Appeals of Stow, 26 Mass.App.Ct. 970, 527 N.E.2d 1176. The Appeals Court specifically found that these activities fell within the definition of "agriculture" as set forth in the Massachusetts Statutes, and specifically stated that: In view of the evidence and the expansive definitions of "agriculture" in the statutes, the [court was correct in ruling] that the [Steeges' 2 In the Agriculture statute, the Massachusetts Legislature has sought to define and regulate all agricultural activities, which include: ► horseback riding schools (G.L. c. 128, §2A) ► operation of horse stables and farms(G.L. c. 128, §2B) ► operation of sheep farms(G.L. c. 128, §§9-11) ► regulation of dairy farms(G.L. c. 128, §§12-13) ► operation of nurseries and plant pest control(G.L. c. 128, §§16-31A) ► operation of apiaries(beekeeping farms) (G.L. c. 128, §§32-36A) ► regulation of labeling and sale of honey and maple syrup (farming products) (G.L. c. 128, §§368-38) ► regulation of county agricultural cooperative extensions and agricultural and horticultural societies (G.L. c. 128, §§40-50) ► regulation of commercial animal feedstuffs (G.L. c. 128, §§51-63) ► regulation of commercial fertilizer (G.L. c. 128, §§64-83) ► regulation of agricultural and other seeds (G.L. c. 128, §§84-101) ► regulation of apple production and promotion (G.L. c. 128, §§102-115) JCM/29015r2/60747v 1 07/15/99-B0S/1CM JUL. 15. 1998 7: 11PM PEPE&HAZARD NO. 3594P. 6/18 PEPERHAZARD LLP Ralph M. Crossen, Building Commissioner July 15, 1999 Page 5 activities] ... are all part of the one whole and constitute agriculture as that phrase is used in c. 40A, §3. 1d,, 26 Mass.App.Ct. at 972, 527 N.E.2d at 1178. Further, it is a usual and customary usage of farms in Barnstable County to offer not only the boarding of horses, but also lessons and trail rides, all of which are offered at any number of farms in Barnstable County. In closing, the activities of Oktober Farm with respect to horses are identical to those as described in the Steege case, and as has been further described to you in the business plan and revised registration form previously submitted for your review. The Appeals Court has affirmed that these activities fall within the agricultural exemption as contained in Section 3 of Chapter 40A. Accordingly, the McDowell case has no application to this matter, and, on behalf of Dr. and Mrs. Cillis, 1 request that your office rescind or revoke the Cease and Desist Order issued in February of this year. V truly yours, Julie C. Mo y JCM:jcm Enclosures cc: Robert D. Smith, Esq. Patrick M. Butler, Esq. Emmett Glynn, Chairman, Zoning Board of Appeals JCM/29015/2/60747v 1 07/15/99-B0S/!CM JUL. 15. 1998 7: 11PM PEPE&HAZARD N0. 3594 P. 7/18- Oki-ober Farms Stepping Stones Riding School Business Plan Oktober Farms is owned and operated by Brenda Tri and Victor Cillis, avid horse lovers and owners. At present, Oktober Farms owns two horses, three ponies and two miniature horses. Additionally, five horses are boarded at Oktober Farms, Oktober Farms' ideal capacity is for 16 to 18 horses and/or ponies, although zoning regulations permit up to 28 horses and/or ponies on the 7.18 acres of the farm, Beginning in 1998, Stepping Stones aiding School opened, offering lessons in the safety, care, handling, management and riding of horses and ponies. This training is specifically designed to enable students of all ages and skill levels to safely care for and manage horses and ponies, in order to prepare them for the lease and/or purchase of a horse or pony at a future date. Lessons are offered on a per-class basis, and include training in ground work, including grooming, stall and paddock care, feeding care, tacking up, tack care, handling and riding of horses and ponies. Classes are small and personalized for individual training on a limited basis. Oktober Farms and JUL. 15. 1998 7: 12PM PEPE&HAZARD NO. 3594 P. 8/18 Stepping Stones Riding School finds joy and takes pride in working with children and persons with disabilities in helping them achieve their goals and dreams. Oktober Farms and Stepping Stones Riding School have made application to the Commonwealth of Massachusetts pursuant to Chapter 61A of the General Laws, for farm status. At present, that application is proceeding through the usual two-year waiting period. . Oktober Farms and Stepping Stones Riding School are also members of the Massachusetts Farm Bureau, and insured as a farm for all liabilities. Lessons should be scheduled in advance, payable at the time of lessons, unless otherwise arranged with Brenda Tri. Advance notice of cancellation of any lesson is appreciated. Please arrive at least 15 minutes before lesson begins. Before enrolling in the program, the following information is required, in order to assess skill levels. JUL. 15, 1998 1 , 12PM PEPS&HAZARD • Na 3594 P. 9/18 —' s y Steums r`r/ /� y'� R d , Se�44 . IIII rt , e_� Odea BRENDA TRI-Owner Boarding,Lessons 2051 Main St. W, Barnstable,MA 02668 508-362-1562 Purpose& Description of Lesson Program Students registered for horseback riding lessons at Stepping Stones Riding School are instructed In the safety, care, handling, management and riding of horses and ponies. This training Is specifically designed to enable students of all ages and skill levels to safely care for and manage horses and ponies in order to prepare them for the lease and/or purchase of a horse or pony at a future date. Lessons Include training in ground work, including grooming, stall and paddock care, feeding care, tacking up, tack care, handling and riding of horses and ponies. Lessons should be scheduled in advance, payable at the time of lessons, unless otherwise arranged with Brenda Tri. Advance notice of cancellation of any lesson Is appreciated. Please arrive at least 15 minutes before lesson begins. Before enrolling in the program, the following information Is required,In order to assess skill levels: PARTICIPANT REGISTRATION Name: Age: Phone: Address: Emergency contact: Phone: Prior Equine Experience: If student Is a minor child(under the age of eighteen years)or under any disability, parent or guardian must set forth his/her name,and acknowledge by signing below that child has permission to enroll in program: Parent/Guardian Name &Address: Signature: RELEASE&WARNING I for myself and any minor child and/or ward to who I am parent and/or guardian, recognize the inherent risks'of participating in equine activities, and specifically acknowledge that such equine activity (including riding and learning to ride) specifically involves risks of serious injury. In enrolling in this program, I assume for myself and/or any minor child for whom I am the parent or guardian, any and all such risks of injury and further I knowingly and voluntarily release Stepping Stones Riding School, Oktober Farm, and their instructors, agents, servants and employees from any and all liability and responsibility on account of any injuries to myself and/or any child or ward for whom I am parent and/or guardian, sustained in connection with this program, whether riding or not. further agree to indemnify and hold harmless Stepping Stone Riding School, Oktober Farm, and their instructors, agents, servants and employees, on account of any such claim, including specifically attorneys' fees and costs. Under Massachusetts law, art equine professional Is not liable for an injury to, or death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 2D of Chapter 128 of the Massachusetts General Laws. MEDICAL AUTHORIZATION In the event that the above-registered participant requires emergency medical treatment on account of any accident or injury, by signing below, I hereby give Stepping Stones Riding School and/or Oktober Farm, and their instructors, agents, servants and employees full permission and authority to provide any and all such emergency care and medical treatment to this participant, as required In their sole discretion, and knowingly and voluntarily release Stepping Stones Riding School, Oktober Farm, and their instructors, agents, servants and employees from any and all liability and responsibility In connection with any such care or treatment. Parent/Guardian: Student: Date: JUL. 15. 1998 7: 12PM PEPE&HAZARD NO. 3594 P. 10/18 Town of Barnstable Legal Department- Town Attorneys' Office 367 Main Street,Hyannis MA 02601-3907 dum Robert D.Smith,Town Attorney t [EV w pir Office: 508-862-4620 Ruth J,,Weil,Assistant Town Attorney J ft• JUL 141999I!! Fax: 508-775-3344 Claire Griffen,ParalegaVLegal Assistant After 4:30PM 790.6233 Terri Cahalane,Legal Clerk TOWN OF BARNSIARIE ZONING P-OARO OF APPEALS-. Date: July 14, 1999 To: RALPH CROSSEN, Building Commissioner From: ROBERT D. SMITH, Town Attorney I ,/-0 _5 - 1 Subject: Agricultural Use, 2051 Main St,, W, Barnstable (Tri & Cillis) Legal Ref. #99-0114 This memorandum is in response to your request for advisement in the above matter dated June 21, 1999, concerning operating a commercial riding academy as an agricultural exemption (for your convenience, a copy of your • memo only is attached). I believe that your current position with respect to the above matter is the position which is most defensible from a legal point of view. That is, that the use of the 7.0'Acres of land for the raising of horses and their marketing — I believe that it is particularly significant that there have been 10 sales of horses over the past few years —together with the accessory uses of renting riding lessons for a fee, is altogether a commercial agricultural use within the meaning of section 3 of - chapter 40A of the general laws. I trust this is responsive to your request but should you need to discuss this further, please don't hesitate to give me a call. RDS:cg Atchmt. Q9911141ralph-1J JUL, 15, 1998 7: 13PM PEPE&HAZARD —NO, 3594 _P, 11/18 - . . 1176 Mass. 627 NORTH EASTERN REPORTED 2d SERIES property-t The judge instructed the jury resentencing the defendant as upon a vet'otherwise without objection. The defend- diet of guilty of simple wanton destruction ant claims that as a result of the judge's of property- erroneous [detraction he is entitled to a SO ORDERED.new trial. We disagree. • Although the judge's instruction was er- , i ror,it wu not material to the defendant's Oarr cows frl4R conviction. Indeed,in a sense the inetryo- Con was more favorable to the defendant I~' than the one to which he was entitled be- tt cause it required the Commonwealth to 1 prove an additional element in order•to 26 Masz.App.Ci.970 convict the defendant of the offense- ' • IT,83 However, in a different respect -u"OMitchell STEEGE et al t ; the judge's charge did harm the defendant v' ,, lie Instructed the Jury that the Common- BOARD OF APPEALS OF wealth must prove beyond a reasonable STOW«al.s. doubt that"the value of the property dam- No. 87-1269. t, age exceeded one hundred dollars"(empha• %, afa supplied). This was error because,tin• Appeals Court of Massachusetts, der G.Le.266 5 127(note 1,supra),It is Middlesex., . the value of the"property so destroyed orr- 'v•.- injured"that must be found to exceed one Argued June 9, 1989. •-• hundred dollar.,not the amount of damage Decided Sept. , 1988. • • _ • to the property that must exceed one hun- dred dollars./ Although the evidence is Property owners brought action this case warranted a finding that the vat- againstL.` "; I tie of the town board of appeals, town build- P�rty so destroyed or injured ing inspector and town,seeking declaration l' west more than one hundred dollars, the that their use of their land was agricultural ! . jury were not instructed on thatpoint, '.. the defendant was found and and thus exempt from local regulation, ?;; kneed for causing wanton destruction ydn- The Land Court, Middlesex County, that operation of boarding stable for ho:sa:'':,1 property of the value of more than one as and ridingacademywas agricultural hundred dollars. That was error. nes use so as to exempt property owners from pro • 1, ; The judgment on the complaint that acriptions of town's bylaw,and appeal was • ;)f charged wanton destruction of property taken. The Appeals Court held that prop u. ..valued at more than one hundred doilarx is arty owners'purchase and raising of hors- "•''`: ` "•'p r. vacated, and.the case is�oremanded for es,atablieg of horses,training through op ''`' s'• 1' I. The slue of the '')'7. 51:1� ' propertydestroyed or injured i The judge may have been misled by the Jury "'' '- r�;3 • only affects the possible sentence of■defendant • Instruction on Wanton destruction of property Vie;: l convicted of wanton destruction or injury of found in Model Jury j etrunione for Criminal :•i,i property. See GG.Lc.266,f 127,asappearingin Offenses Tried In the Dlwiet Counts (1983). 'i;tt'i 4 which selet In relevant That instruction(3:30)provided that the Com. i 1 i part that'ir such destruction or Injury I.wan. monweallh must prove beyond a reasonable e(i ton.(the defendant 'krill M r,91chvi by s(Inc ii, of fihern hundred Mitre or'1.--. •i,... tt. doubt sheet "the value of the ptupett .l.,m e it `' •Ji.:e..t ihr groper% so dccirot:a:n ;n3.irrd -..-.tied.,.,.tu,,,Jr.J.6,^,,,.'irn,hl.. , W•�Ij .hithevy is greater, or by tmprisonrrent for 1'l. Tnot rnsbrnni•nt ha+.ut hren..q,r.I. I nos more Than two and onc.half pears; if the e!. See Instruction 3;30 as revised in 1969. r, value of the propeny so destroyed or Injured is t ia� nor alleged to exceed one hundred dollars,the I. Katherine Steele'11. punishment shall be bye fine of three times the 11! value of the damage or injury to such property 2. The building inspector of Slow and the town or by imprisonment for not more than two and of Slow. r ene.half months...." ti 3 JUL, 15, 1998. 7: 13PM • ''PEPE&HAZARD : • R,- ,,.,.:. ..fi. :. INC). 3594 P. 12/18 Il: \ I1T y. :; ,: � STEEGh; v. BOARD OF APPEALS OF STOW Mass, ' C11. !17 N,ti.7d ma(HAuApp.a. 191ia) 117'r eration of riding school and participation in for giving riding lessons; and for the rid- ' 1 ,1 `':• . horse shows was "agricultural use" of ing use of owners of the boarded horses. "r`';• property so as to exempt property from The r;w• premises have been licensed by the town's zoning bylaw. Commonwealth for the operation of a rid l ' ,t. '> Affirmed. ing school. On August 2, 1984, the build- ' : ' `" ing inspector ordered the Steeges to"cease ' •. and desist immediately the riding school , I'' Zoning and Planning 4=*279 operation...." The order stated that its Property owners'purchase and raising enforcement would be "extended" if the ''. Y; of horses, stabling of horses, training of Steeges filed for a special permit with the •'• horses through operation of riding school board of appeals (board). On September ' ` and participation in horse shows was"agri 13, 1984, the Steeges submitted an applies- 1 ,;,i ! ' ,,, . cultural use" of property so as to exempt tion for a special permit, under protest iN property from proscriptions of town's zon- They chimed that the operation of a riding F'.: , ing bylaw, M.G.L.A. c. 40A, § 3; c. 61A, school on their property was an agri- �1 : §§ 1, 8; c. 128, § 1. cultural use and, therefore, exempt from , • See publication Words and Phrases the proscriptions of Stow's zoning by-law, ; i '' for other judicial constructions and See G.L. c. 40A, § 3. After a hearing the :definitions. • board denied the Steeges' application for a special permit. - Paul Killeen, Waltham, for defendants. The Steeges then filed a complaint in the John P, Zelonis, Jr., Boston, for plain- Land Court against the board,the building ' ifs- inspector, and the town seeldng a declara- l' tion that their use of their land was agri- Catherine Clement, Sp. Asst Atty. Gen., for Massachusetts Dept of Food aril Agri cultural and exempt from local regulation. culture, amicus curiae, submitted a brief, After the trial in the Land•Court, the i ' Before PERRETTA, CUTTER and judge filed a memorandum of decision that ; SMITH, JJ, contained her findings and rulings. She , ruled that"the uses made by the plaintiffs BESCRIPT. of their land .,. are so interrelated that .. they comprise agricultural use as defined i t • • This is an appeal from a ruling of the in G.L.e,61A, §§ 1 and 3, and G.L. c. 128, `` • . Land Court that the operation of a board- _,t§ 1, and are therefore exempt from the : ing stable for horses and a riding academy requirements of the Stow zoning by-law." ll j, ; • ' is an agricultural use protected by G.L. c. The defendants have appealed from that 40A, § 8.3 The facts are not in dispute• decision. i • • Mitchell and Katherine $tee a are the l 1 ' g General Laws c.40A, § 3,as amended by 1 owners of property in Stow which contains St. 1982, c. 40, provides in pertinent part: ' in excess of five acres and is located in a "[N]or shall any [zoning] ordinance or by- t r - residential zone, For many years prior to law prohibit, unreasonably regulate or re- 1 August, 1984, when the Steeges first as li quire a special permit for the use of land ,i quired the land, the locus was part of a for the primary purpose of agriculture, twenty-five acre farm which had been used horticulture, floriculture, or viticulture; • • as a home for ill and retired horses. From nor prohibit or unreasonably regulate the the time they acquired the property, the expansion or reconstruction of existing f , I Steeges have used the premises for the structures thereon for the primary purpose ' raising, training, and boarding of horses; of agriculture, horticulture, floriculture, or I 11 3. As an alternative ground for ordering the cn- of that ruling has been made an issue on appeal try of judgment for the plaintiffs, the judge by the defendants. Because of our decision in •ruled that the special permit had been construe- favor of the plaintiffs in regard to the "agri- �r{j^{<'`.'1� lively granted because the board of appeals O.I q.J , i PP cultural use of their property,we do not reach ; l' - .::' ,"t. failed to take final action within the time period. that issue. • mandated by G.L.c.40A, § 9. The correctness • y .:r • iSat � . .� n ,. JUL. 15, 1998 1. 14PM PE'PE&HAZARD •,— r NO, 3594 . P. 13/18, . .. .... . ,., ( i 1st_ w :.: I I • :, • 1178 Maes. 527 NORTH EASTERN REPORTER, 2d SERIES '4•%€, • ! viticulture ... except that all such active such animals in the regular course of busi- ::''� •f I ties may be limited to parcels of more than ness; or when primarily and directly used , five acres in areas not zoned for agricul- in a related manner which is incidental t ' tore, horticulture, floriculture, or viticul- thereto and represents a customary and • ,. • , ture"(emphasis supplied). The defendants necessary use in raising such animals and •• argue that the operation carried out by the preparing them or the products derived '6 Steegea on the premises,which are located therefrom for market"(emphasis supplied). ' • in a residential zone,is not agriculture, and General Laws c. 61A, § 3, inserted by St. is therefore subject to the zoning by-law. 1979, c. 1118, § 1, reads: "Land not less The analysis used in Building Inspector than five acres in area shall be deemed to of Mansfield v. Garvin, 22 Mass.App,Ct be actively devoted to agricultural or t 401, 494 N.E.2d 42 (1986), is also useful J.frahorticultural uses when the gross sales here. The term "agriculture" is not de- of agricultural,horticultural or agricultural :.i , fined in the statute. 'When a statute does and horticultural products resulting from ;,'i not define its words we give them their such uses ... total not less than five hun- • 3 usual and accepted meanings, as long as dred dollars per year." Here, there was .-'•� these meanings are consistent with the evidence, and the judge specifically found, :';-'., statutory purpose. We derive the words' that the annual $500 minimum for sales 3' ' usual and accepted meanings from sources had been exceeded by the Steeges. •''t presumably known to the statute's en- r'}ieie'was evidence that,as part of their ''°' _ actors, such as their use in other legal farin operation;•• the Steeges purchased contexts and dictionary definitions." Id. at young horses;raised-and then proceeded to 402, 494 N.E.2d 42 (citations omitted). In �� sell their. 'The saleability of a particular • ' •j' that regard,Webster's Third New Intl.Die- horse depended on whether it could be rid- ::.,: ;1 tionary (1971) at page 44 defines "agricul- den;"'particularly by young children. As ture" as "the science or art of cultivating part of their training, the horses would be i :-i : the soil, harvesting crops, and raising live- ridden by.eiudenta in order that they might :-? i stock." ,"Livestock,"in turn,is defined as become accustomed to handling,by inexpe- 1:,;;1 ': "animals of any kind kept or raised for use rienced "riders::, .The Steegea had sold an or pleasure." Id, at 1924. average,• often horses a year in the past f �:I ' "We look also to the use and definition of 'few years. ':.• the word 'agriculture' in other legislation In view of the evidence and the expan- 1..' :',. because '(s]ound• principles of statutory sive definitions of a " gticulture"in the state r .l. ' construction dictate that interpretation of rates; the judge ruled that "the plaintiffs' •i provisions having identical language be purchase and raising of horses, their sta- p:; r . uniform," Building Inspector of Mans` bling,training through the operation of the Y••'Y.s • field v. Curvin,, 22 Mass.App,Ct. at 403, riding school, and their participation in "l ; 494 N.E.2d 42, quoting from Webster v horse shows are all part of the one whole ).2�; Board of Appeals of Reading, 849 Mass. and constitute agriculture as that phrase is +.,.a. -:• 1?, 19, 206 N.E.2d 92 (1965). See Corn- used in c. 40A, § 3," There was no error. ,,'•: A '_:', monwealth v Baker, 368 Mass. 58, 69, 380 The judge's interpretationgives the word i f 0 .ti 1 N.E.2d 794 (1975), 2A Sands, Sutherland "agriculture"found in G.L. .40A, § 3,"its s,!' Statutory Construction § 51.02 (4th ed. plain and ordinary meaning and its consist- ` ' 1984). General Laws c. 61A, § 1, inserted ent and well-established ... definition in ;.i .n ,• by St.1973,c.1118, § 1,which concerns the other statutory contexts...." Building y31,. assessment and taxation of agricultural Inspector of Mansfield u Curvin 22 yj*' and horticultural land, states that "Mend Mass.App,Ct. at 404, 494 N,E.2d 42. I •ll' shall be deemed to be in agricultural use whenprimarily The other issues raised by the defend- E« and directly used in raising ants nrp without merit. 1 4.1, animals, including, but not limited to, dairy "V.l'; cattle, beef cattle, poultry, sheep, swine, JUDGMENT AFFIRMED oi,; � • horses, ponies, mules, goats, bees and fur- , . bearing animals, for the purpose of sellingIN O Inv MUMOII!ST31lM l t:.II such animals or a product derived from I 114 Mass- 624 NORTH EASTERN REPORTER, 2d SERIES TOWN OF STURBRIDGE v. nlcDOWELL Mass. 115 Otere424 NEVI III 4MaaaApp.t 1a43) 3. Penalties 4=3 ter the defendant refused to comply with N.E.2d 42, Sleege,supra 26 Mass.App.Ct es: is MascApp,Ct. 924 Superior court has no authority to as• - ootioes from the plaintiff's building inspec- at 971, 527 N.E.2d 1176. Livestock, in j TOWN OF STURBRIDGE mess fines in civil action. tor in 1990 that the use of her land for this turn, is defined as "[djomestic animals. V. - purpose constituted a violation of the such as cattle or horses, raised for home e� 4. Appeal and Error ernes : town's zoning by-law and that she cease use or for profit, especially on a farm- Sandra J.B. McDOWELLoperatingdoghandling HeritageDictionary 1033(1992). c``', No appeal ilea from denial of motion ti her business on her American o No. 92-P-681. for summary judgment after trial on merits tract,the town brought this action seeking We are also cognizant that at the time G.L. - injunctive relief and the award of fuses for 40A, § 3, was enacted, the Legislature Appeals Court of Massachusetts, has been C. the enforcement of its zoning by-law. was aware of the provisions of G.L.c.61A. Worcester. The Superior § 1,inserted by St.197S,c.1118,§ 1,retat- Sosanne R. Ellett, Town Counsel, for sCourt judge determined tag to the mast=ssment,and taxation of agri Argued Sept. 17, 1993, plaintiff. that the town was wrong in demanding cultural laud, which provided that "(hand Decided Nov. 19, 1993. - that the defendant cease all aspects of her shall be deemed to be in agricultural Edmond A. Neal, III, Southbridge, for • dog handling business. He ruled that the when primarily and directly used eddin raising defendant, i breeding and raising of dogs owned by her animals,including,but not limited to,dairy five relief Town bro•ught action seeking mjnno- Before PERRk`I'i`A, ICASS and for sale and activities incidental thereto cattle, beef cattle, poultry, sheep, swine. for Dreedin istt dlan e mutilizi PORADA,JJ such as the boarding of breeding stock and horses, ponies, metes,goats,bees and fur- g g g 7 the grooming and training of the dogs held bearing animals,for the purpose of selling and selling dogs, an alleged violation of for sale were agricultural uses protected such animals -..; or when primarily and town's zoning ordinance. The Superior by G.L c.40A,§ 3,but that the boarding, directly used in a related manner which is • Court, Worcester County, ordered that The principal issue presented in this ap• " grooming,and training of dogs not owned incidental thereto and represents a custom. owner could continue some activities but peat is whether the breeding and raising of by her or kept for breeding purposes were aryjsroand necessary use in raising such was required to cease others, and town dogs for sale is an agricultural pursuit not agricultural uses and, therefore, were animals...." While dogs are not specifi- appealed. The Appeals Court held that under G.L. c. 40A, § 3.1 • in violation of the gown's zoning by-law. catty enumerated in the dictionary defini- - As a result,he ordered"that the defendant lion of livestock or in this statute,they are breeding, raising, and training of dogs The case was presented upon an agreed which landowner owned was"agricultural" statement of facts to a Superior Court her property except those owned, kept, wealth cease boarding,grooming or training dogs considered domestic animals,see Common- pursuit for purpose of zoning ordinance, nudge, We summarize them. The defeo• on u Proctor,355 Hasa 504,50b306, but that boarding, grooming, and training dant owns an eighty-two acre tract of land • or used by her for breeding purposes or for 246 N.E.2d 454 (1969),and are raised"for of dogs not owned or kept as breeding ;o Sturbridge,which is located in a Rural • sale, or those dogs that she may lawfully home use or for profit." We fad to see keep " pets without obtaining a kennel how the raising and training of dogs for stock by landowner was not"agricultural." Residential Districts under the Sturbridge Affirmed.. zoning by-law and on which site conducts a - beense. From this judgment, the to wo sale is distinguishable from the raising and cs dog handling business. The defendant's appals, We aNumother training of domestic animals such as ponies or horses which we concluded in ¢ business consists of breeding, raising, (1,21 Since the enactment of G.L. C. Marge agricultural pursuit. I. Zoning and Planning mS79 boarding,usinesshowing, S amounted to an _ Wig, g, trainingdogs and selling both her - 40A, § 3, inserted by St.1976, C. 808, 4 3, Consequently,we conclude that the breed• Breeding,raisin and of own and clients'dogs. AU of these activi• s we have given"agriculture"as used there 0.5 owned by landowner was 'agricultural' ing, efei da and training is dogs owned by a pursuit for purpose of zoning ordinance, ties are conducted on the tract of land, 1n as expensive construction. See Build- the defendant on the land is an agricultural M.rsut § 3. except for the showing of dogs. Before . ing Inspector of Mansfield a Curtain, 22 pursuit under G,L c. 40A, § 8. We also ' ' See C. 40A,a § Words and Phrases beginning her business, the defendant oh- Mass.App.Ct. 401, 402-404, 494 N.E.2d 42 agree with the judge that the boarding. � for oilier judicial constructions and tned a kennel license from the town for (1936) (the maintenance of a piggery grooming,and training of dogs riot owned definitions ten dogs or less. The license expired on - , deemed agricultural use under G.L,C.40A, or kept as breeding stock by the defendant Marchusratil, 1990,and the town refused to - 4 3); Stooge v Board of Appeals of Stou, are not agricultural uses, because these 2. Zoning and Planning 4n279 renew it. During the operation of her bumf• 26 Mass.App.Ct.970, 971-972, 527 N.E.2d activities are not an integral part of the Lc. Boarding, grooming, and training of ness,the defendant had housed as many as . 1176 (1988) (the operation of a boarding breeding or raising of dogs. Cf. Steeps, dogs not owned or kept,as breeding stock forty dogs in kennels maintained by her on stable for horses and a riding academy supra 26 MassApp.Ct. at 970, 972, 52i r- by landowner were not'agricultural"uses the premises. During 1990, the defendant deemed an agricultural use protected by N.E.2d 1176. of laud within meaning of zoning ordi- maintained an average of fifteen dogs on G.L c. 40A, § 8). to doing so, we have in doing so we are not unmindful that oa name. NLG.LA. c.40A, § 3. her property,nine of which she owns. Af- - relied upon both dictionaryand statutory rn PO the Supreme Judicial Court has held that cr` I. General laws a 40A, c3, as appeasing in ]. White the judge did not 6o ease in bit Red- definitions of agriculture- Garvin, supra the maintenance of a dog kennel is not St_19112,c.40,provides in pertinent part "(Nor) imp,the parties agreed that a"(flarin[,J ioclud• - 22 Maas,App.Ct.et 403-404,494 N.E.2d 42, farming or agriculture,Hunts u Building shall any(zoning)ordinance or by-law prohibit, ing aericulrureW...provided that the lot is not %S ur.ressonably regulate or require a special per kat than rive(51 "is a permitted rue in a g 26 These definitionsp.CL at 971-97 agri- Ins N.E.2ord of s9(19 9),and35 Mass.179, ice nit for the use of land for the primary purpose Rural Residential Distrin. N.E2d 1176. These of 243 N,E.Zd 1S9(1969), the maintenance of for the inn.. =-culture embrace the raising of livestock. of a greyhound raising stable is not a farm, •GSsr ein,supra 22 MasuApp.Ct.at 403,494 Afioduszeiarki as Saugus, 337 Mass. 140, JUL. 15. 1998' 7: 15PM PEPE&HAZARD NO. 3594 P, 15/18 116 Mass. 624 NORTH EASTERN REPORTER. 2d SERIES WYLER v. BONNELL MO 142-344,148 N E.2d 556(1958). We do not sensed common-law damages awarded on pt.i 24�IlO thsw-al these cases controlling because they related claims by another judge for pug resoles in an aggregate judgment for the Nex• were decided before the enactment of G.I. poses of assessing damages under the Act, customer of 5120,418,' his cfat le c. 40A, 6 3, and were limited to the con- vehicle struction of "farm" or "farming" as set Ordered accordingly. (II What we are to decide is whether,if $502•e: forth in the local zoning by-law hi question. G.L. c. 93A damages are to be assessed maneg after the underlying common lawj claim revere, [8.47 There is no merit in the plaintiffs 1. Judgment ea644 has gone to judgment,' a different judge would other claims that the judge erred in failing Judge who heard claim under Commie- • who heats the related 98A claim is bound moat t to assess fines against the defendant for er Protection Act was not bound by princi by principles of issue preclusion to accept called before the proscribed activities and the judge pies of issue preclusion to accept previous- the previously assessed common law dam- should have granted it summary judgment. ly assessed common-law damages awarded e' ages for purposes of assassin the 89A caned I The Superior Court has no authority to on related claims by another judge for per 'S; damages? To illustrate with at ual rum•asss fines In a civil action, Burlington poses of assessing damages under the Act. bars,if a jury returns a verdict of$45,000 er B pa �` ,', that's c se Sons'&Graved,Inc v.Harvard,91 Mass. M.G.L.A. c. 98A, 1 et seq. �' for abuse of process, is that the number App.Ct. 261, 264, 678 N.E.2d 707 (1991), that the 93A judge le bound todouble if he cle. It and no appeal lies from the denial of a 2. Consumer Protection ow86.1 finds that the defendant acted unfairly and his fusty motion for summary judgment after a trial Judgment d'6dd I wilfully, even though the jug a inde en• trouble, on the merits. Sullivan v, First Mass: �� P Financial Corp, 409 Mass. 763, 790-791, Trial ec.974(2) Is dent finding is that the damages are about I., 669 N.E.2d 814 (1991). Judge sitting independently on Con- ` ing57, willl' Tqe answer is"no"and the our amounthold. bnco Judgment affirmed sumer Protection Act claim may arrive at toff requireA a reduction In but th findings different from those of jury sib of the e, 98A judgment over th ting on related common-law claims, even We have the benefit of careful findings u m towtig o Eurru■rt.:nrth though there is evidence which,if believed, from the judge on the 93A case, and we be said # would support jury award. M.G.L.A. c, rely on them to set the factual context Wyler I. 98A, § 1 et seq. Geoffrey D.Wyler,a lawyer,owned a 1981 ness, automobile towrshi,c hIn h e(Bhaudnn e ulr agOennt MRS. Consumer Protection �4035 Maes.App Ct.563 FchoasdTefrmpmoBauuntonmo ell Geoffrey D. WYLER. Second, Damages of $7,500 awarded on Con- :1 and which he regularly took to Bunnell for byMr.' sumer Protection Act claim were subsumed servicing. On April 17, 1985,after dieeov. $425.95, v. by $45,000 in damages already recovered ering that the rear window of his car had nell ace BONNELL MOTORS, INC. under parallel common-law claim; however, been shattered in an act of vandalism,Mr. Either c No. 92-P-932, when doubled to 81b,000 because defendant Wyler asked his eon,Geoffrey D.Wyler, Mr.Wyl acted willfully,punitive component of that (Geoffrey), to take the car to Bonnell for car. Or Appeals Court of Massachusetts, figure,$7,500,was not subsumed in rerun- repair and to rent a car from Bonnep to Mr Wy Middlesex, ery under the parallel common-law claim, tide them over until the Tempo was fixed his son and plaintiff was entitled to recover that (the repair was to take a day). Geoffrey, nell to Argued Sept. 27, 1993. amount. M.G.L.A. c. 9SA, g 1 et seq. who was eighteen at the time signed Tempo t Decided Dec, 1, 1993. ) repair authorization on which was promi• eisted, u Further Appellate Review 3 neatly printed: "TERMS: CASH OR MA- that had Denied Feb. 1, 1994. Peter T. Wechsler, Boston, for defer JOR CREDIT CARD." In oonneetion with twenty dant uow o l' the car rental, Geoffrey left an imprint of ornerine Andrew M.Fischer,Boston,for plaintiff- his mother's credit card on a blank"oarge asps Appeal was taken from judgment of slip (signed by Geoffrey, according his the sr the Superior Court, Middlesex County, Jo- Before PERRETTA, KASS and testimony), seph S.Mitchell,Jr.and James F.McHugh, PORADA,JJ. pending JJ.,entered in action for abuse of processt. The second trial judge aptly remarked that ho L Mr.ti, • '` was contemplating and violation of Consumer Protection Act. lose P na'Reese study in how to sera &nowkt The AppealsItASS, Justice. r minor difference into a major battle" lower pi Court, Kass, J., held that • , Compare &Alamo u. American Mm. bu. Ca,judge who heard claim under Consumer There must be a cautionary tale to spin '. 389 Mass.65,449 N.E,2d 3169(19a3), Wow(O Protection Act was not bound by principles when, as here, a difference of opinion •` had bee of issue preclusion to accept previously as- about an automobile re sir bill of 502 9S ` 2. That is a rare circumstance and,se we shall $425 95 p have occasion to observe,an undesirable one. er. 7 7 1, r Research References-- I;p' . 7 Mass Ju,Property§19:27. TIT ,g XDC l 22 Massachusetts Jurisprudence,Environmental Law§11:75. G..: AGRICULTURE AND CONSERVATION r i = CASE NOTES s ` `. Landowner's proposed use of5•acre portion tural use of land and therefore was subject to 11.• of 39-acre parcel to excavate and remove zoning bylaw prohibiting commercial earth ' 300,000 to 400,000 cubic yards of gravel so as removal.Henry v Board of Appeals(1994)418 to allow for access to "Christmas tree farm" Mass 841,fi41 NE2d 1334. CHAPTER 128 was not incidentsl to agricultural or hortirnl- C'" Agriculture DEPARTMENT AND COMMISSIONER m New Sections'Added o § 2. Certain Powers and Duties Defined, The department through its proper divisions shall have power to— SEC. Sponsors of, and Liability in Connection With, Equine Activities; R Sl c. iRe- F. [No change through Subsection (f).] quired Warnings; Definitions. r (g) Promote, develop and encourage through the Massachusetts Thor 2E. Limitation of Liability of "Pick-Your-Own" Farming Operations and commonwealth red Breeding l hby offeringr oncasheprize breeding bra brof eeders of such horseshbred in the in the Their Personnel; Posting of Warning Notice. following manner:the Massachusetts Thoroughbred Breeders Association, 38B. Massachusetts State Exposition Building Maintenance Fun. Inc. shall from time to time in consultation with the chairman of the rac- ing commission and the program manager for the equine division in the department of agriculture set the percentages for bonuses to be awarded DEFINITIONS to the breeder of a Massachusetts bred thoroughbred horse, of the purse monies won by said thoroughbred horse in any pari-mutuel running horse § 1• Definitions. race if said horse finishes first, second or third; the percentage for a cash prize to the owner of the stallion,at the time of service to the dam of such Research Refeteace4— r purse winner; provided, however, that (i) the stallion stood the breeding 6 Mass Jur,Property§2:7. season of February through June in the commonwealth, (ii) the horse finishes first, second or third, and (iii) said stallion is registered with the IA. Farming and Agriculture Defined. department of food and agriculture; the percentage for a cash prize for "Farming" or "agriculture" shall include farming in all of its branches the purse monies won by said thoroughbred horse in any unrestricted and the cultivation and tillage of the soil, dairying, the production, cultiva- pan mutuel running horse race to the owner of a Massachusetts bred tion, growing and harvesting of any agricultural, aquacultural, floricultural horse if said horse finishes first, second, or third. N3r horticultural commodities, the growing and harvesting of forest products The Massachusetts Thoroughbred Breeders Association, Inc. is further rpon forest land, the raising of livestock including horses, the keeping of authorized to pay cash purses for stakes races to be limited to Massachu_ zd sorses as a commercial enterprise, the keeping and raising of poultry,swine, _ setts bred thoroughbred race horses front the Massachusetts thorough- s rattle and other domesticated animals used for food prrrjrrnce.s, bees, fur- hred breeding program at licensed pan muttiel race meetings authorized searing animals, and any forestry or lumbering operations, performed by a by the state racing commission. Such races may be betting or non-betting a armer, who is hereby defined as one engaged in agriculture or farming as races and may or may not be scheduled races by the licensee conducting herein defined, or on a farm as an incident to or in conjunction with such the racing meeting. Purse monies paid by the association under this sec- farming operations,including preparations for market,delivery to storage g or tion may be in such amounts as the association shall determine and may market or to carriers for transportation to market. be the sole cash purse for such races or may be supplemental to the cash �' OCy` purses established by the licensee; provided, however, that no person, r . Amended by 1989,225,approved July 11, 1989,effective 90 days thereafter; 1995,38,§142, partnership, corporation or group of persons may receive more than five ,proved June 21,1995,effective July 1, 1995, thousand dollars as a cash prize breeder's award from the association for oil HOB an individual horse race within the commonwealth. For the purposes of litor rn— The 1989 amendment, in the first sentence, following livestock", inserted 'including this section a horse race shall mean a thoroughbred race of any kind held uses". - . within the commonwealth except at fairs. rr The 1995 amendment rewrote this section, adding harvesting of aquacultural commodities .d the keeping of hones as a commercial enterprise. No person shall be eligible for the prizes provided herein unless the 1 • following standards are met: For later statutes and case citations, see Quarterly Update Pamphlets, 43 For latest statutes and case citations,call 1-800-4464410. S.... 1Z15 retrNOTATED LAWS OF MASSACHUSSTTS § 2 a2A AGRlCUG'l'UKd; 16., aa.‘r and purpose, shall hold a public hearing relative to such rules. (1852, requirement that the commissioner give notice and hold public hearings prior to 142, § 3; GS 16, § 5; PS 20, §6; 1891, 412, § 11; RL 89, §§6, 11; establishing any rules or regulations for the expenditure of monies in compliance wish 1909, 428; 1910, 427; 1912, 411; 1913, 319, 590; 1914, 267, 298; 1917, the section,and also made certain corrective changes. 74, §2; 85; 1918, 241; 1919, 350, §§34, 38; 1921, 206; 1933, 291, § l; •1937, 415, § 1; 1938, 230; 1941, 490, § 30; 1941, 598, §3; 1956, 694; - CAs■oterganizatr- 1957, 428; 1962, 558; 1965, 619; 1968, 628, § I; 1969, 807, §2; 1971, As to organization of the department,see ALM GL c 20 and the notes thereto. 650; 1971, 987, §2; 1973, 846; 1973, 1066; 1981, 351, §§ 264, 265; 1981 558, - Code of Massachusetts Regulations-- §§6, 7; 1985, 580, §§7, 8; 1986, 277, §2, approved July "o" 16, 1986,^ effective 90 days thereafter; 1986, 557, § 119, approved, Food and agriculture fairs,330 CMR 7.01 et seq. c with emergency preamble, December 8, 1986.) Prtvintion, suppression and extirpation of equine infectious anemia in horses, 330 cf. CMR16.03. Editorial Note- Massachusetts greyhound breeding program,330 CMR 24.00 et seq. • The 1956 amendment in paragraph(I),added one oew sentence at the end. Annotation.-- The 1957 amendment in paragraph (d), made it applicable to flowers and other horticultural products. Judicial review of administrative ruling affecting conduct or outcome of publicly The I962 amendment in paragraphregulated horse,dog,or motor vehicle race.36 ALR4th 1169. (I),added breeding ponies to the prize exhibits. The 1965 amendment added a new paragraph al the end of the section to authorize CASE NOTES the establishment of rules for the exp enditure of certain funds. Expense may not be incurred by send• moth in Europe.2 Op AG 118. The 1958 amendment added toparagraph (n a new sentence referring to the fog agent to another State for purpose of F dropped in Massachusetts but not offering of prizes for,and in aid of,agricultural) relatedyouthprograms. - nest pp The 1969 amendment added paragraphy investigating question of existence of conceived herein is eligible for prize (g)_ it quali- e at time horse , gypsy moth in that state. 1 Op AG 382. awarded by Department of Agriculture The first 1971 amendment rewrote paragraph (c) to include provision for the Expense may not be incurred by send- to person owningm establishment of a foreign trade section in the division of markets. ing agent to Europe for purpose of loves- fies for such prize. 1970-1971 me AG 6. The second 1971 amendment added paragraph (h) relative to an allotment to fairs tigating question of existence of gypsy which do not conduct horse or dog racing meetings. - - The first 1973 amendment rewrote the first sentence of paragraph (g) to make it A apply specifically to pari-mutuel thoroughbred horse races and to change the owner's § 2, i•. Horse Riding Instructors to Be Licensed; Fees, etc. prize amount from 5 percent of the prize awarded the horse to 25 percent of the breeder's prize. No person shall hold himself out to be a horse riding instructor for The second 1973 amendment rewrote paragraph (h) to change a prohibition • hire without being licensed for such purpose by the commissioner. against allotting money to fairs which conduct horse or dog racing meetings, to the Application for a license under this section may be filed with the prohibition against fairs to which money has been allotted spending any portion of the o allotment on such a meeting, commissioner and shall contain such information as he shall prescribe. The first 1981 amendment, by - Every such application shall be accompanied by a registration fee of $264 of the subject Act, revised para graph graph (tu so ten dollars, which shall in no event be refunded. If an application is N that a foreign trade section would be established in the division of "agricultural= development"instead of the division of"markets", and expanded the mandate of such approved by the commissioner, the applicant upon the payment of an as a foreign trade section to include "aquaculture!, floricultural and horticultural corn- modifies"in addition to a 4 additional fee of fifteen dollars shall be granted oaf license, which shall agricultural commodities,and,by265 of said Act,in the first expire on March thirty-first following the date of issue, unless sooner sentence of the last paragraph, deleted "of paragraphs (b) and (I)", after "sums appropriated to carry out the provisions". revokced. The annual fee for renewal thereafter shall be fifteen The second 1981 amendment dollars. rewrote paragraph (g) by providing additional guidelines for the promotion of the breeding of thoroughbred horses through the Every person licensed as aforesaid shall endorse ided his usual signature on the margin of the license in the space p Massachusetts Thoroughbred Breeding Program,and said amendment also purports torov for such purpose 1--- amend the last sentence of the section; however, in the opinion of the editor, said •amendment actually rewrote the first sentence of the last paragraph. immediately upon the receipt of said license, and such license shall not r� The 1985 amendment, in part (rii) of the first paragraph of subsection (g) after • be valid until so endorsed. In case of loss, mutilation, or destruction "prize equal to", replaced "five" with "twenty", and added the second paragraph of of a license, the commissioner shall issue a duplicate upon proper ®. subsection(g). proof thereof and payment of a fee of two dollars. rn The first 1986 amendment added paragraph(i),encompassing four paragraphs. The second 1986 amendment rewrote this section addingto the last paragraph The commissioner shall make rules and regulations governing the �' pars a h a issuance and revocation of said license, and shall establish the mini- = 208 209 . L. 1 Ltt ANNOTATED LAWS OF MASSACHUSETTS . $ 2A mum qualifications for the issuance thereof. If the qualifications of an applicant meet- or exceed the minimum qualifications established by 0o the commissioner he shall be issued such license. (1972, 527.) "� Cross References— As to licensing of pet shops,see ALM GL c 129 f 39A. Code of Massachusetts Regulations-- Horse riding instructora,330 CMR 16.01. rn r-, co § 2B. Operation of Riding Schools and of Certain Stables Licensed and Regulated. • Every person engaged in the business of operating a riding school or a stable where horses are kept for hire, shall obtain a license therefor from the commissioner, the fee for which shall be fifty dollars, and such license shall expire on March thirty-first following the date of issuance, unless sooner revoked. The commissioner, subject to the approval of the governor may make rules and regula- tions governing the issuance and revocation of such licenses and the conducting of the businesses so licensed and relative to the mainte- nance of the premises, buildings and conveyances, the health of the horses or other equine animals, and the method and time of inspec- tion and checking of said animals. Whoever violates any provision of this section or of any rule or regulation made thereunder shall be punished for a first offence by a fine of not more than one hundred dollars and for any subsequent offence by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both. (1972, 717, §2; 1973, 43, §2.) Editorial Note— `ccThe 1973 amendment changed references to the director to references to the commissioner. Code of Massachusetts Regulations— Horseriding school operators,330 CMR 16.02. § 2C. Agricultural Fairs; Administration of Drugs to Animals Participating in Contests. cc, No person shall administer or cause to be administered any drug, - internally or externally by injection, drench or otherwise, to any animal for the purpose of retarding, stimulating or in any other manner affecting the performance of such animal in or in connection o with a contest conducted under the provisions of paragraph (f) of section two. J 210 t,,. 126 ANNOTATED LAWS OF MASSACHUSETTS $ 2A §4 ---_ mum qualifications for the issuance thereof. If the qualifications of an - The commissioner is hereby authorized to make such tests of applicant meet or exceed the minimum qualifications established by saliva, blood and urine of any animal entered into a pulling contest as cc, the commissioner he shall be issued such license. (1972, 527.) } .he may deem necessary. If a drug is found in the chemical analysis of Cross References— - said saliva, blood or urine, it shall be prima facie evidence that a drug As to licensing of pet shops,see ALM GL c 129}39A. = has been administered. Code of Massachusetts Regulations— The owner of any animal which has been tested and in which a Horse riding instructors,330 CMR 16.01. drug has been found, his representative, and any animals owned by • or leased to such person shall be ineligible to participate in or receive CT premiums offered at any agricultural fair or any pulling contest in o § 2B. Operation of Riding Schools and of Certain Stables the commonwealth pending an investigation, finding, and order of the Licensed and Regulated. commissioner. Every• The commissioner may make rules and regulations necessary to person engaged in the business of operating a riding school carry out the provisions of this section. (1974, 204; 1978, 44.) or a stable where horses are kept for hire, shall obtain a license therefor from the commissioner, the fee for which shall be fifty ' Editorial Note— dollars, and such license shall expire on March thirty-first following The 1978 amendment rewrote the second paragraph to permit blood tests for the date of issuance, unless sooner revoked. The commissioner drugs.subject to the approval of the governor may make rules and regula� tions governing the issuance and revocation of such licenses and the Cross References— conducting of the businesses so licensed and relative to the mainte- 4 t A0.s to special police officers for prevention of cruelty to animals,see ALM GL c 147 nance of the premises, buildings and conveyances, the health of the As to killing, maiming,or poisoning of horses,see ALM GL c 266}112. horses or other equine animals, and the method and time of inspec- tion and checking of said animals. Whoever violates any provision of ' this section or of any rule or regulation made thereunder shall be - § 3. May Collect and Publish Information on Available Lands. punished for a first offence by a fine of not more than one hundred The department may collect all necessary information in regard to dollars and for any subsequent offence by a fine of not more than five ' hundred dollars, or by imprisonment for not more than two and one ._ the opportunities for developing agricultural resources through the half e , both. b 7i §2; 43, § 2.) reoccupancy of idle or partly improved farms and farm land, and may cause the facts so obtained, and a statement of the advantages Ecm. ditorial Note— offered, to be circulated where and how it deems for the best interest of the commonwealth. (1909, 212, § 1; 1919, 350, §34.) The 1973 amendment changed references to the director to references to the r-J commissioner. Code of Massachusetts Regulations— § 4. Trust Funds. Horseriding school operators,330 CMR 16.02. The department may take, and hold in trust, funds collected L.LJpursuant to marketing orders or agreements as set forth in sections § 2C. Agricultural Fairs; Administration of Drugs to Animals - one hundred and two through one hundred and fifteen of this Participating in Contests. g chapter, and gifts and bequests to it for promoting agricultural N education or the general interests of husbandry. (1852, 142, §3; GS No person shall administer or cause to be administered any drug, 16, §5; PS 20, §6; RL 89, §6; 1918, 268, § 1; 1919, 350, § 34; 1983, -- 650, § 1.) internally or externally by injection, drench or otherwise, to any . •animal for the purpose of retarding, stimulating or in any other - ' co manner affecting the performance of such animal in or in connection Editorial Note— The 1983 amendment inserted ", funds collected pursuant to marketing orders or c" with a contest conducted under the provisions of paragraph �� of agreements as set forth in sections one hundred and Iwo through one hundred and cr+ section two. fifteen of this chapter,and"following"bold in trust". 210 - 211 JUL-13-99 16 : 09 FROM:PEPE AND HAZARD LLP ID:6176959255 PAGE 1/2 t PEPE & HAZARD LLP Law Offices 150 FEDERAL STREET BOSTON, MA 02110-1745 TFT.FPHONE: (617) 695-9090 FAX: (617)695-9255 MULTI-PARTY FAX COVER SKEET DATE: July 1,3, 1999 TIME: •37 CLIENT/MATTER: 29015 PLEASE DET.IVER THIS FAX IMMEDIATELY: TO: FIRM: FAX NUMBER: PHONE NO; Emmitt Glynn, Chair Zoning Board of Appeals (508)862-4725 (508)790-6225 Ralph Crossen Building Commissioner (508)-79a -(p 0 (508) 862-4038 Robert D. Smith, Esq. Town Counsel (508)755-3344 (508)790-6280 FROM: Julie C, Molloy COMMENTS: Please see attached. TOTAL NUMBER OF PAGES, INCLUDING THIS COVER SHEET: 2 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US IMMEDIATELY. TIlE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE AND ANY ATTACHED DOCUMENT(S) IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW DISSEMINATION DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (617) 695-9090 OR BY ELECTRONIC MAIL (postmaster®pepehazard.com)IMMEDIATELY.THANK YOU. Transmitted By: Return To: 2 TCM/29015/2/60662v1 07/13/99-BOSJICM JUL-13-99 16 :08 FROM:PEPE AND HAZARD LLP ID:6176959255 PAGE 2/2 PEPEKIAZARD LLP LAW OFFICES 150 FEDERAL STREET,28TH FLOOR JUUE C. MOLLOY *Also Admitted in UT, RI & ME BOSTON. MASSACHUSETTS 02110-1745 Direct Dial: (617) 748-5528 617/695-9090 FACSIMILE 617/695-9255 jmolloy@pepehazard.com July 13, 1999 Emmitt Glynn, Chair Zoning Board of Appeals Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Re: ZBA Appeal No. 1999-71 • Oktober Farm/Brenda Tri and Victor Cillis, M.D. Dear Chairman Glynn: As you know, on June 16, 1999, the public hearing with respect to the above-matter was continued to Wednesday, July 14, 1999, at 7:00 p.m. However, on June 16, the Board suggested that my clients engage in further discussions with the Building Commissioner, Mr. Ralph Crossen. We have done so, and have submitted further materials for Commissioner Crossen's review and consideration. Commissioner Crossen in turn has requested an opinion from Town Counsel. On Tuesday, July 13, in a telephone discussion, Commissioner Crossen informed me that he is still awaiting further response from Town Counsel, which will not be available before tomorrow's hearing. It was further suggested that we therefore request a further continuance, to July 28, 1999, or some other date amenable to this Board. Accordingly, we make such a request for continuance to this Board. Thank you for your attention in this matter. truly yours, ulie C. Mollo cc: Ralph Crossen, Building Commissioner Robert D. Smith, Esq. JCM/29015/2/60661v1 BOSTON 1158 HARTFORD 1454.1 SOUTHPORT 07/13/99-BOS/1CM JUL. 1. 1998 3:48PM PEPE&HAZARD NO, 3316 P. 1/20 PEPE & HAZARD LLP Law Offices 150 FEDERAL STREET BOSTON, MA 02110-1745 TELEPHONE: (617)695-9090 FAX; (617) 695-9255 MULTI-PARTY FAX COVER SHEET DATE: July 1. 1999 TIME: 4:23 11, CLIENT/MATTER: 29015-2. PLEASE DELIVER THIS FAX IMMEDIATELY: TO: FIRM: FAX NUMBER: Bruce P. Gilmore 508,362.5344 Ralph Crossen Town of Barnstable 508.790.6230 Matthew Broderick MA Highway Dept. 508.8806102 John F. Leary Mass Highway Dpt. 617.973,8033 FROM: Julie C. Molloy COMMENTS: TOTAL NUMBER OF PAGES, INCLUDING THIS COVER SHEET: 19 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US IMMEDIATELY. 'KTHE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE ANTI ANY ATTACHED DOCUMENT(S) IS `UNTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED •A,JBOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND.CONFIDDENTIAL, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT w RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW DISSEMINATION DISTRIBUTION OR COPYING`OFTHIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (S60) S22.5175 OR BY ELECTRONIC MAIL (postmaster@pepehazard.com) IMMEDIATELY,THANK YOU. Transmitted By: _NLS Return To: NLS ,JUL. 1. 1993 3:48PM PEPE&HAZARD NO, 3316 P. 2%20 PERERIIAZARD ELF LAW( FFICES 150 FEDERAL STREET, 26TH FLOOR JULIE C MOLLOY BOSTON, MASSACHUSETTS 02110-1745 :Also Admitted in UT, RI & ME Direct Dial: (617) 748-5526 617r695-9090 FACSIMILE 61 7,695-9255 jmolloy@pepehazard.com Via Facsimile (508) 362-5344 July 1, 1999 Bruce P. Gilmore, Esq. 1170 Route 6A P.O. Box 714 West.Barnstable, MA 02668 Re: 2005 &2021 Main Street, West Barnstable MA Troutman&Mason PropertieL-_ Repair of Cillis Driveway (2051 Main Street) Dear Mr. Gilmore: In response to your last letter, please be advised that Dr. and Mrs. Cillis have no legal responsibility for any costs associated with any upgrade of the driveway opening which may be required by the Massachusetts Highway Department and/or the Town of Barnstable Building Commissioner in connection with the access easement held by the Troutmans and Masons over the Cillis property. As reviewed in my letter of April 28, 1999 (a copy of which is attached), the holder of an easement beats "[t]he duty of maintaining an easement in such condition and repair 1l may necet ty to its exErsise"• Shapiro v. Burton, 23 Mass. App. Ct. 327, 333, 502 N.E.2d 545, 549 (1987). In this instance, the Massachusetts Highway Department has indicated that the current driveway opening, although adequate for access to the Cillis property, is inadequate for service to three properties. According to the Massachusetts Highway Department, then, the use of the Cillis driveway by the Troutmans and Masons to access their property necessitates and requires an upgrade of the driveway opening. Thus, this cost of this upgrade is the responsibility solely of the Troutmans and Masons, because it falls within the scope of their duty to "maintain... the easement • in such condition and repair as [is] necessary to its exercise." Shapiro v. Burton, 23 Mass. App. Ct. at 333, 502 N.E.2d at 549. A copy of a Memorandum dated May 21, 1999 from the Assistant Chief Legal Counsel, John F. Leary, to the Chief Counsel, David P. Mullen, of the Massachusetts Highway Department stating this is attached for your review. .K mr29oI5/_/603o.v1 BOSTON rec HARTFOF1D rH SOUTHPORT 06r30J99-BOSIJCM 998 3 M EFE AZARD O 3„ F. 3/2( ':��. L. !'11:+ _ :�?`�lr!�!i F'�F�'S.ii ,L'.7:�,u fti�.i. J.i l� _,/({I Bruce P. Gilmore, sq. PEP ' LAZZRD z{_P July '1, 1999 Page 2 Dr. and Mrs. Cillis will comply with any statement required in the Troutman. and Mason's application to the Massachusetts Highway Department in connection with the driveway opening upgrade (as noted on page 2, paragraph 4 of the Memorandum referenced above) after they have been apprised of the construction plans, and after the repairs to their driveway have been repaired by the Troutmans and Masons. We note that a temporary occupancy permit has been granted to the Masons, with the notation that a permanent permit will not be granted until the driveway has been repaired. Finally, your clients are informed that they do not have permission to locate their mail boxes on the Cillis property, and indeed, since both the Troutmans and the Masons have frontage on Route 6A, there is no reason why they should locate their mail boxes on the Cillis property. If the Mason mail box is not removed by Monday, July 5, 1999, Dr. and Mrs. Cillis will take steps to remove the same. Thank you for your _attention in this matter. Vetruly yours, 2 Jalre C. Moll .' Enclosures cc: Mr. Ralph M. Crossett, Town of Barnstable Building Comm' loner (by fax) Mr. Matthew.Broderick. Massachusetts Highway Department (by fax) John F. Leary, Assistant Chief Legal Counsel, Masslighway (by fax) JL'M/ 5O1 j/2,6J302v-1 06/:0 99-3OS,;'JCM JUL. 1. 1992 3:49PM PEP E&HAZARD NO. 3316 P. 4/29 • Bruce P. Gilmore, Esq. July 1, 1999 Page 3 bcc: Dr. & Mrs. Victor Cillis JCM_,,,0I5/ r60302v 06.(30i99-BOS,JCM • • al, 1, 19983:49PM PEPS&H 7ARD NO. 3316 P. 5/2 - ' PE ' ` `R LLf' yj. -R: ,Kr 00 LAW OFFICES 150 FEDERAL STREET,28TH FLOOR BCSTON, MASSACHUSE:TTS 02110-1745 JULIE C.MOLLOY 61 71695-9090 FACSIMILE 617/695-9255 (617)69t-9090 jmolloy(,aJpepehazard,com Via Facsimile (508) 362-5344 April 2 3;. 1999 Bruce P. Gilmore, Esq. 1170 Route 6A P.C. Box 714 • West Barnstable, MA 02668 Re: 2051 Main Street, West Barnstable MA Dr. &Mrs: Victor Cillis Dear Mr. Gilmore: • As I indicated to you yesterday, we are representing Dr. and Mrs. Cillis, who recently provided me with a copy of an April 1, 1999 letter from the Massachusetts Highway Department requesting that they apply for a permit. to upgrade their driveway opening, as a result of the additional homes being constructed by your clients, the Troutmans and the Masons on the adjacent parcelss. An earlier letter from the Massachusetts Highway Department dated February 24, 1999 was not properly addressed (and indeed was sent to West Bridgewater), and Dr. and Mrs. Cillis never received that letter. Dr. and Mrs. Cillis were on vacation when the April 1, 1999 initially arrived, and did not retrieve this letter until after their return on April 17. 1.999. Please be assured that Dr. and Mrs, Cillis have no intention of interfering with your clients' ability to complete construction of, their homes. 'however, Dr. and Mrs. Cillis do expect that the Troutmans and Masons will bear the costs regarding the upgrade of the driveway required by the Massachusetts Highway Department (including construction and design of the same), in accordance with the established law in this Commonwealth. As you are no doubt aware, the holder of an easement, here the Troutmans and Masons, bear "[t]he duty of maintaining an easement in such condition and repair as may be necessary to its exercise". Sbapirp v.Burton,23 Mass, App. Ct. 327, 333, 502 N. ..2d 545, 549 (1987). Dr. and Mrs. Cillis have no intention of interfering with the Troutmans or Masons home construction, and will certainly cooperate in this process, as soon as they have a written agreement from your clients assuring that they will bear all costs associated with the upgrade of the driveway opening(with review of such plans by the Cillises)occasioned by their use of this easement, without.further damage to the Cillis property: 3OSTON H„RTFORD ice{ SOUTHPCRT • In. 1. 1998 3:JUfPM PPPP&&HAZARD NO. 3316 P. 6/2U �, PEP HAZARD L� Bruce P. Gilmore, Esq. April 28, 1999 Page 2 Additionally,as we discussed,Dr. and Mrs. Cillis would like a written agreement from your clients regarding repair of damage already done to their property by various contractors and delivery persons in the course of construction, including damage to the driveway pavement, grass, trees, shrubs and flowers. In connection with the new opening in the historic wall bordering the Troutman property and Cillis property, numerous shrubs, trees and perennial flowers were removed and destroyed. The driveway itself has been torn up in several spots, and damage has been done to numerous trees and grassy areas bordering the driveway-- including the complete decapitation of one tree just yesterday. I have photographs of the damage done to date,taken on April 10, 1999, photocopies of which are enclosed. Finally, Dr. and Mrs. Cillis request that your clients agree to close the southerly hole in the historic stone wall, since they evidently will not be accessing their properties through this breach,having made their own closer to the cemetery. As I mentioned to you yesterday, the Masons, Troutmans and Cillises are going to be neighbors for some time to come, and it would behoove all to cooperate at this point. As we both know there is a history of dispute here,beginning with the construction of the northerly access to your clients'property without any notice to Dr. and Mrs. Cillis. This was a very unfortunate and un.neighborly incident, but one that Dr. and Mrs. Cillis are willing to move beyond this point, without asking anything more from your clients than that to which they are entitled by Jaw. / I would greatly appreciate it if you would foeward to my attention copies of all / documentation and letters relating to this matter submitted to the Massachusetts Highway/ Department. Additionally, I note that on September 23, 1998 the Old King's Highway Historid District Commission ordered the submission of certified site plans and further work be done regarding the properties involved and the road near the cemetery. I would appreciate copies of those site plans if they have been completed,as well as any proposals regarding when the work pertaining to the driveway abutting the cemetery will be completed. In closing, I add that, as a member of the Sandwich Planning Board, this project certainly brings home the problems that can arise in connection with "A.IvR" plans, further evidencing the need for plans submitted in accordance with subdivision rules and regulations. Had a proper subdivision plan been presented back in the 1980s, none of our clients would have had these problems. I enclose for your file a copy of my letter to the Massachusetts Highway Depaitunent of today. VeF,your citit Jullolloy 0 Enclosures cc: Mr. Matthew Broderick, Massachusetts Highway Department Dr. &Mrs. Victor Cillis JUL. 1, 1998 3:50PM PEPE&HAZARD NO 3316 P, 7/20 HIGHWilY Argun Paul Cellucci Governor Jane Swift vemv� U®uteneartQove Kevin J.SullivanCossir SeGambolMatthemwrtJ.Ao orello CERTIFIED MAIL Z 453 879 025 June 22, 1999 Mr.Bruce P.Gilmore,Esq. 1170 Route 6A P.O.Box 714 West Barnstable,MA 02668 Dear Sir; SUBJECT: Barnstable—Route 6A—Access to Lots#4 I am writing to advise you of the status of your client's request for a water service and the decision of the Department's Chief Counsel regarding the ongoing driveway access issue. Permit#5-1999-0496 was issued to the Barnstable Fire District Water Department allowing the installation of the water service to the Troutman property on Lot#4(copy enclosed). Following additional review it is the Ms.ssHighway's opinion that the owners of Lots#4 are the owners of land who should submit the Application For Permit To Access State Highway at the point where their easement meets Route 6A. The owner of Lot#3 can continue to use the present opening to serve his residence but the owners of Lots#4 should not be able to use the opening for access to their residences until the new driveway opening is constructed according to an approved plan. This letter is being forwarded to the building inspector advising that this Department has not yet received applications for access to Route 6A from the owners of Lots#4 and that the Department will not consider that there is legal access from Route 6A until an application has been approved and the construction completed as per the approved plan. I have enclosed a copy of an Application For Permit To Access State Highway form and a form outlining the information required for yew clients to submit. If you have any questions regarding these issues please contact the District Permits Engineer,Matthew Broderick at(508)884-4211 or the Assistant Chief Counsel,John F.Leary at(617)973-7815. S./ ereIy, - Bernard McCourt District Highway Director MEB:gls Enclosure cc: BMcC MW RG Legal Counsel / Julie C.Molloy,Pepe&Hazard, 150 Federal Street,Boston,MA 02110 Li cillis3rd.doe Massachusetts Highway Department•District 5. 1000 County Street, Taunton, MA 02780•(508) 824-6633 . 9'48 3;51PM EPE %A non NO 3'16 P. 8 ;n;. Permit#; 5-1999-0496 Dist 5, 1000 County St, Taunton, MA 02780 PERMIT-BARNSTABLE Subject to all terms,conditions,and restrictions printed or written below,and or.the reverse side hereof, permission is hereby granted to the BARNSTABLE FIRE DISTRICT WATER DEPARTMENT, Jon RI. Erickson,P.O.Box 546,Barnstable,MA 02630 to enter upon State Highway in the Town of BARNSTABLE known as Main Street(Auto Route 6A)for the purpose of installing a water service to a new single family residence on Lot#4. An opening will be made over the existing water main in the shoulder on the southerly side of the road to tie-in the service at Station 203+00. The installation will then proceed westerly 50'then southerly to the property at Station 202+50, Generally,work on this project is restricted to a normal 8-hour day,5-day week,with the prime Contractor and all subcontractors working on the same shift. • No work shall be done on this contract on Saturdays,Sundays,or Holidays. Work will not be allowed the day before or the day after a long weekend which involves a Holiday without prior approval by the Engineer. The Grantee must contact the"D g Safe"Center at I-888 344•7233 prior to doing any excavation,to obtain a "Dig Safe"number. Before starting work please notify the Permits Department at(508)584-4211. No hardened surface of the State Highway may be disturbed. A police officer may be required as determined by this Department. Care must be taken so.as not to interfere with underground structures that exist ir,this area. Any areas disturbed within the State Highway Layout shall he graded, learned and seeded to the Engineer's satisfaction. • No Massachusetts Highway Bounds may be disturbed. All debris and litter remaining from the proposed construction shall be removed by the Grantee and the area left clean daily. The Grantee shall indemnify and save harmless the Commonwealth and its Highway Department against all suits,claims or liability of every name and nature arising at any time out of or in consequence of the acts of the Grantee in the performance of the work covered by this permit whether by themselves or their employees or subcontractors. Signs and traffic control devices are required in the work area. All required signs and traffic warning devices.hall be furnished by the applicant. All signs and devices shall be in accordance with the Massachusetts Manual on Uniform Traffic Control Devices. The number and location of all signs and devices shall be as deemed necessary by the Engineer for the safe and efficient performance of the work and safety of the travelling public. All warning devices shall be subject to removal,replacement and repositioning by the applicant as often as deemed necessary by the Engineer. 1. MS . :511 M PFPE..&HAZARD NO. 3316 P. % '21 BARNSTABLE FIRE DJST.WATER.DEPT.(Cent) BARNSTABLE 5-1999-0496 Cones or non-reflectoriaed warning devices shall not be left in operating position on the highway when the dayti a operations have ceased. If it becomes necessary for the department to remove any construction waning devices or their appurtenances from the project due to negligence by the applicant,all costs for this work will be charged to the applicant, All vehicles,except passenger cars,which are assigned to the permitted project and which operate on the site at speeds of 25 MPH cr less,shall have an official SLOW MOVING VEHICLE emblem displayed. All personnel who are working on the travelled way or breakdown lanes shall wear approved safety vests and hard hats, ALL OF SAID WORK SHALL BE DONE AS DIRECTED BY AND TO THE SATISFACTION OF THE ENGINEER_ , All work and materials used must conform to the 1995 metric edition of the"Commonwealth of Massachusetts Department of Public Works Standard Specifications For Highways and Bridges"as amended, All construction shall conform to the 1977 edition of the"Commonwealth of Massachusetts Department of Public Works Construction Standards"as amended. Please contact the Permits Department(508)884-4211 when the work required under this permit has been COMPLETED in order that an inspection may be made by the Maintenance Foreman. A copy of this permit must be on the job site at all times for inspection. Failure to have this permit available at such sitewill result in suspension of the rights granted by the permit. Backfill for conduit or pipe shall be selected from excavation free from large lumps,clods or rock placed between the pipe and the walls of the trench in layers not exceeding 6"in depth and thoroughly compacted. Each lager,if dry,shall be moistened and then compacted by rolling or by tamping with mechanical ratnmers. Special'care should be taken to thoroughly compact the fill under the haunches of the pipe or conduit. This method of filling and compacting shall be continued until the material is level with the top of the pipe or conduit. The remainder of the filling shall consist of suitable material placed in successive layers not more than 6' in depth. Each layer shall be thoroughly compacted as specified above. No work shall be done under this permit until the Grantee has communicated with and received Instructions from the District Highway Director of the Massachusetts Highway Department at 1000 County Street,Taunton,MA.02780. The permit shall be void unless the work herein contemplated shall have been completed before JUNE 10,2000. Dated at Taunton this 10TH day of JUNE,1999. Massachusetts Highway Departmen 1 By • Bernard McCourt District Highway Director WFW:gls cc: Foreman Julie Molloy,Pepe&Hazard, 150 Federal Street,Boston,MA 02110 .:t.. ril� �' �1�1/ PE_PE&H AZ.AF NO. 3316 r 1fti2 Conditions Relating Particularly to Permits for the Laying of Pipes,Conduits.etc, After any pipes,conduits,drains or other underground structures are talc,or any excavation is made in the roadway,the trenches or openings shall be property beckfilied with suitable material,the backfi.liing shell he thoroughly tamped,and the surface of the road over said structures shall be left even with the adjoining ground, If the work is done in mid weather no frozen material shall ba used for backfilling. Whenever the hardened surface of the roadway,gutters,or any part of the surface of the highway is disturbed It shall be replaced in es good condition as before it was disturbed,and if new materials are required they shell correspond with those already in place on the road. Where service pipes are to cross the highway the connections shall be made without disturbing the hardened surface of the roadway,by driving the pipes under the roadway,or the service pipes shall be carried under and across the road In a larger pipe,unless otherwise ordered by the Engineer. The Grantee shalt maintain the surface of the roadway over said structures a:;long as the Department may deem necessary,until all signs of the trenches shall have been eliminated, Conditions Relating Particularly to Permits for the Erection of Poles,Wires and overhead Structures,and the Cutting and Tnmming of Trees In the erection of pole lines,unless otherwise herein provided,no trees located within the limits of the Slate Highway shall be cut or trimmed. No guy wires shall be attached to trees without a special permit from the Department,and in no event shot They be so attached as to girdle the tree or In any way Interfere with their growth. The wires shall be so protected at ail times and places that they shall not interfere with or Injure the trees either inside or outside the Ioc.etlon of the highway, Where the cutting or trimming,of trees is authorized by this permit,only such cutting and trimming shall be done as may be designated by the Engineer. in the construction or reconstneetlon of po'e lines no guy wires shall be erected nearer to the surface of the ground than six feet provided,however. that the owners of such lines may maintain such guy wires at a lower elevation than six feet horn the ground until such lime as the Department shall notify them to remove said wires or to raise them to the elevation first stated. In order to protect the trees through which:any wires may pass,said wires shall be insulated and such other tree guards used as may be directed by the Engineer. Where high tension wires are erected under this permit,they shall be so located that,under conditions of maximum severity as regards a coating of ice or snow,there shall be a space cf at least eight feet between swat high tension wires and other Wires. The Grantee shall within sixty days from the date of completion of the work,file in the cffce of the Department a plan showing the location of each pole erected in act rdance with the permit,said plan to be of such size and in such form as the Department may direct General and.Additional Conditions Whenever the word`Department°is used herein is shall;near,the Massaetusetts Highway Department. Whenever the word'Engineer"is used herein it shall mean the District Highway Director or other authorized representative of the Department. Whenever the word'Grantee'is used herein shall mean the person or persons,corporation or municipality to whom this permit is granted,or their legal representatives. During the progress of the work all structures under ground and above ground shall be properly protected from damage or injury;such barriers shall be erected and maintained as may ee necessary for the protection cf the travelling public,the same shall be properly lighted al night;and the Grantee shall be responsible for all damages or property due to or resulting from any wort:done under this permit. Except as herein authorized„no excavation shall be made or obstacle placed within the limits of the State Highways in such a manner as to interfere unnecessarily with the travel over said road. if any grading or sidewalk work done under this permit interferes with the drainage et the State Highway In any way,such catch basins and outlets shall be constructed as may be necessary,in the opinion of the Engineer,to lake proper care of said drainage. Whenever the hardened surface of the roadway is disturbed and the Engineer may consider it necessary or advisable to do so,said surface will be restored by the employees of the Department,at such time as the Department may direct,and the expense thereof shall be borne by the Grantee,who shall purchase and deliver on the road the materials necessary for said work if and when directed by the Engineer. All payments to materta►men and to laborers, inspectors,etc.,employed by the Department for er on account of the were herein contemplated shall be made by said Grantee forthwith on the receipt cf written orders,pay rolls,or vouchers approved by the Department. IF THE GRANTEE DOES ANY WORK CONTRARY TO THE ORDERS OF THE ENGINEER,AND AFTER DUE NOTICE,FAiLS TO CORRECT SUCH WORK OR TO REMOVE STRUCTURES OR MATERIALS ORDERED TO'BE REMOVED,OR FAILS TO COMPLETE WITHIN THE SPECIFIED TIME THE WORK AUTHORIZED BY THIS PERMIT,THE DEPARTMENT MAY,WITH OR WITHOUT NOTICE,CORRECT OR COMPLETE SUCH'WORK IN WHOLE OR IN PART,OR REMOVE,SUCH STRUCTURES OR MATERIALS AND THE GRANTEE SHALL REIMBURSE THE COMMONWEALTH ANY EXPENSE talCURRED IN CORRECTING AND/OR COMPLETING THE WORK OR REMOVING THE STRUCTURES OR MATERIALS. Ail OF THE WORK HEREIN CONTEmPLATEO SHALL BE DONE UNDER THE SUPERVISION AND TO THE SATISFACTION OF THE MASSACHUSETTS HIGHWAY DEPARTMENT AND THE ENTIRE'EXPENSE THEREOF SHALL SE BORNE BY THE GRANTEE. A_..4 %a f,o rarwnerar ant rho rnariwav and roadsides shall be left neat and V JUL 16. 1999 1 :29PM NUTTER, MCCLENNEN NO. 1827 P. 3 NUTTER. McCLENNEN & EISE, LLP Julie C. Molloy, Esquire July 16, 1999 Page 2 While I realize I am the ''new kid on the block" regarding this matter and that there is a substantial history between the parties. I am very optimistic that a fresh approach toward direct communications and negotiations (or the possible use of a neutral in the context of alternative dispute resolution) is a very appropriate course. Toward that end, I have received authorization from my clients to commence discussions with you, with the objective of those discussions to be reaching a global agreement on all matters, zoning and non-zoning in nature. I will try, therefore, to be in contact with you later today or Monday by telephone to set up a time and date for you and I to meet. In the interim, I am forwarding a copy of this correspondence to all parties in receipt of your correspondence to Ralph Crossen, as well my clients. I look forward to working with you on this matter. zVely yours, Z1‘ Patrick M. Butler PMB/cam cc: Ralph M. Crossen, Building Commissioner (via facsimile - 790-6230) Robert D. Smith, Esquire, Town Attorney (via facsimile - 775-3344) Emmett Glynn, Chairman, Zoning Board of Appeals (via facsimile - 790-6288) Augustus F. Wagner, Jr., Esquire Mr. and Mrs. Troutman Mr. and Mrs. Mason Dr. and Mrs. Feeney 759401.1 1, ME Tossa,':N jai� �, ,s,,.lThe Town of errs Ams, �e� Department of Health, Safety and Environmental Services 440 Mo h Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner • September 1, 1999 • Julie C.Molloy Pepe&Hazard 150 Federal Street FAX 617 695 9255 Boston,MA 02 1 1 0-1 745 Re: 2051 Main Street,West Barnstable Dear Attorney Molloy: This letter is being written to address the question involving the Tri-Cillis case off Route 6A in West Barnstable. Currently,the Tri-Cillis application is on appeal to the Zoning Board of Appeals. I had issued a cease and desist order due to the fact that the way Ms.Tri was running her operation before was,in my opinion,not in compliance with zoning as it was a commercial operation rather than an agriculturally exempt use. At the last hearing the Steege case was brought up and,after this case was continued,a new proposal was submitted by Ms.Tri to me asking to change the way she does business to mirror the Stegge case. Essentially the change would entail provisions whereby riders would be required to be prospective buyers as well. This proposal was sent to our legal department,and the opinion received was that it was their opinion that this would now be exempt under 40a, Section 3 if changed as proposed. Accordingly,we are of the opinion that Ms.Tri may withdraw her appeal and accept the fact that the cease and desist was in order. Further and in light of the complexity of the issues on the site,we are requesting Ms.Tri to come to Site Plan Review to discuss and work out a total plan for the site to support this new proposal. My zoning opinion on the new proposal is that it will be in compliance with zoning for this residential district by being exempt from zoning under 40a,Section 3 and Barnstable Zoning Section 2-4-1(3). Sincerely, Ralph M.Crossen Building Commissioner RMC/lbn cc: Pat Butler FAX 771-8079 Victor Cillis FAX 362-8811 Bob Smith g990901b TRANSMISSION VERIFICATION REPORT TIME: 01/03/1995 04:01 NAME: FAX : TEL : DATE,TIME 01/03 03:59 FAX NO./NAME 93628811 DURATION 00: 01: 17 PAGE(S) 02 RESULT OK MODE STANDARD TRANSMISSION VERIFICATION REPORT TIME 01/03/1995 04:02 NAME FAX TEL DATE,TIME 01/03 04: 01 FAX NO./NAME 916176959255 DURATION 00: 00:47 02 RESULTAGE } OK MODE STANDARD ECM J TRANSMISSION VERIFICATION REPORT TIME• 01/03/1995 04:05 NAME FAX TEL DATE,TIME 01/03 04: 04 FAX NO. /NAME 97718079 DURATION 00:00:53 PAGE(S) 02 RESULT OK MODE STANDARD ECM AUG. 16. 1999 8: 14PM PEPS&HAZARD NO. 4419 P. 1 PEPE & HAZARD LLP Law Offices 150 FEDERAL STREET BOSTON, MA 02110.1745 TELEPHONE: (617)695-9090 FAX: (617) 695-9255 MULTI-PARTY FAX COVER SHEET DATE: August 16, 1999 TIME: CLIENT/MATTER: 29015.2 PLEASE DELIVER THIS FAX IMMEDIATELY; TO: FIRM: FAX N(J•MBER: PHONE NO; Ralph M. Crossen Building Commissioner (508)790-6230 Patrick M. Butler, Esq. Nutter, McClenaen&Fish. (508)771-8079 (508)790-5407 FROM: Julie C. Molloy COMMENTS: Please see attached. TOTAL NUMBER OF PAGES, INCLUDING THIS COVER SHEET: IF' YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US IMMEDIATELY. THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE AND ANY ATTACHED DOCUMENT(S) IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INT€N.DED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW DISSEMINATION DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (617) 695-9090 OR BY ELECTRONIC MAIL (postmasterepepehmard.com) IMMEDIATELY. THANK YOU, Transmitted By: Return To: Nancy Saunders • 1CM/290I5/2V60662v] 0B/05/99-BOS/JCM AUG. 16. 1999 3: 15PM PEPE&HAZARD NO. 4419 F. 2 PEPEScHAARD LLP LAW OFFICES 150 FEDERAL STREET, 25TH FLOOR JULIE C. MOLLOY 4Also Admitted in UT. RI & ME BOSTON, MASSACHUSETTS 02110-1745 Direct Dial. (617) 748 5528 617/695.9090 FACSIMILE 617/695.9255 jrnolloy@pepehazard.com jti Facsimile& (J.S. Mail (508) 790-6230 August 16, 1999 Mr. Ralph P. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Re Oktober Farm ZBA Appeal No. 1999-71 Dear Mr. Crossen: When we met and viewed the farm in July, you requested that we forward to you additional materials regarding the farm operation and a proposed form of annual report regarding the farm operations. I enclose those materials with this letter, and hope that we are able to resolve this matter in the near future, before the September 1, 1999 continued hearing of the above-captioned ZBA Appeal. Very truly yours, 4ulie C. Mo y Enclosures cc: Patrick M. Butler, Esq. Dr. and Mrs. Victor CiIlis .1CM/290 1 512/61 809v1 BOSTON P$41 HARTFORD W9 SOUTHPORT 05 I6/99-13MS7CM AUG. 16, 1999 8: 1 GPM PPPE&HAZARD NO. 4419 P. 3 Oktober Farms Stepping Stones Riding School Business Plan Oktober Farms is owned and operated by Brenda Tri and Victor Cillis, avid horse lovers and owners. At present, Oktober Farms owns two horses, three ponies and two miniature horses. Additionally, five horses are boarded at Oktober Farms. Oktober Farms' ideal capacity is for 16 to 18 horses and/or ponies, although zoning regulations permit up to 28 horses and/or ponies on the 7.18 acres of the farm. Oktober Farms sells and leases horses to interested parties, and through July 1999 was involved in the purchase and sale of ten horses. As of July 1999, two horses at Oktober Farms are presently for sale, and recently two additional persons leased horses from Oktober Farms. Oktober Farms intends and hopes to begin breeding its own horses in the Spring of 2000, and to sell its own horses. At present there is one resident stallion, a miniature horse. Beginning in 1998, Stepping Stones Riding School opened, offering lessons in the safety, care, handling, management and riding of horses and ponies. This training is specifically designed to enable students of all ages and skill levels to safely care for and manage horses and ponies, in order to prepare them for the lease and/or purchase of a horse or pony at a future date. Lessons are offered on a per-class basis, and include training in ground work, including grooming, stall and paddock care, feeding care, tacking JCM/2 9 01 5/2/60 775v I 08/16/99-130S3CM AUG. 16. 1999 8: 15PM PEPE&HAZARD NO. 4419 P. 4 up, tack care, handling and riding of horses and ponies. Classes are small and personalized for individual training on a limited basis. Oktober Farms and Stepping Stones Riding School finds joy and takes pride in working with children and persons with disabilities in helping them achieve their goals and dreams. Oktober Farms and Stepping Stones Riding School have made application to the Commonwealth of Massachusetts pursuant to Chapter 61A of the General. Laws, for farm status. At present, that application is proceeding through the usual two- year waiting period. Oktober Farms and Stepping Stones Riding School are also members of the Massachusetts Farm Bureau, and insured as a farm for all liabilities. Lessons should be scheduled in advance, payable at the time of lessons, unless otherwise arranged with Brenda Tri. Advance notice of cancellation of any lesson is appreciated. Please arrive at least 15 minutes before lesson begins. Before enrolling in the program, the following information is required, in order to assess skill levels. JCM/29015/2/6u775vl 08/16/99-BOSiJCM AUG. 16. 1999 8: 16PM PEPE&HAZARD NO. 4419 P. Addendum to Materials eviously submittal: I. Addition to B siness Outline(inc sided outline attached); Oktober Farms sells and leases horses to interested parties, and through July 1999 was involved in the purchase and sale of ten horses. As of July 1999,two horses at Oktober Farms are presently for sale, and recently two additional persons leased horses from Oktober Farms. Oktober Farms intends and hopes to begin breeding its own horses in the Spring of 2000, and to sell its own horses. At present there is one resident stallion,a miniature horse. II. Board of ilealth/Contpostingdnformation� Oktober Farms is licensed as a stable and riding school in accordance with Chapter 128 of the Massachusetts General Laws. Additionally,it is licensed as a stable in accordance with the regulations for the Town of Barnstable Board of Health. Both the state Department of Agriculture and the Town Board of Health regularly conduct inspections to ensure compliance with state and town laws and regulations pertaining to the maintenance and upkeep of stables,adequate provision of shelter for number of horses on premises, compliance with laws and regulations pertaining to disposal and composting of manure. Oktober Farms is in compliance with all such regulations and in particular with the disposal and spreading of manure as compost,nor has it ever received any citations or other report for any violations pertaining to manure composting. Oktober Farms is pleased to welcome any such regulatory officials to inspect at any time,to ensure such compliance. All composting and manure spreading activity is done to the rear of the property(towards the Cape Cod Community College),in order to keep it as far away from residential neighbors as possible. Additionally, all droppings are removed from the riding arena abutting the Fenney residence on a daily basis. Also,Oktober Farms has leased a portable "BouseFouse" for the summer to accommodate visitors to the property. This BouseHouse has been placed as close to the barn as the leasing company,Bousefield would permit in order for it to service this unit on a weekly basis. Oktober Farms is contemplating installation of a self-composting outhouse,in compliance with applicable town and state regulations III. building Commissioner/Old King's Highway Historic ,strict: Oktober Farms has properly obtained all necessary and requisite building permits for all structures and fencing from the Building Department and/or the Old King's Highway Historic District,as necessary, All structures and fencing have been constructed in accordance with town zoning by-law setback requirements,in compliance with the permits issued. As with the Board of Health,Oktober Farms welcomes inspections and site visits from the Building Commissioner at any time. JCM129015/2'ir)S1A.,1 08/16/99-805i1CM AUG. 16, 1999 8: 16PM FFFE&.HAZARD NO. 441'i P. 6 IV. Fencing of Turnout Areas All turnout areas for horses are properly fenced in order to keep them on the premises. At present, fencing is of wood materials. At some point,Oktober Farms intends to replace wood fencing with white PVC material,which are more durable and picturesque. V. Dust Mitigation In order to alleviate dust concerns with respect to the riding arena,Oktober Farms purchased several tons of bark mulch, and daily wets down,with a hose,this surface before riding. This was done in order to mitigate issues of dust rising while people were riding in the arena. The Summer of 1999 unfortuna:ehy has been a season of drought,which has made the issue of dust a greater one than it would usually be, In the future, Oktober Farms intends to install a well and hopefully a sprinkler system at the arena in place of the hose presently run from the barn,for the sake of convenience. VI. Breeding of I-iirsts As noted above,Oktober Farms intends to begin breeding next Spring. By way of background,Oktober Farms notes that horses have an eleven(11)month gestation period before foals are born, Breeding should be undertaken so that foals are born in the Spring,allowing them sufficient time to mature before winter arrives, for health reasons. While Oktober Farms has only one stallion,.it notes that in today's age of technology,many(if not most) mares are bred through artificial insemination,rather than allowing nature to take its course. The reason for this is that the natural breeding process poses many risks to both the stallion and mare, and moreover is not guaranteed to "take" on the first try. Moreover, stallions are difficult to control, and thus are not widely kept by many horse owners (most males owned by riders are geldings). Stallions are temperamental,and when in the presence of a mare in heat,can become extremely aggressive and sometimes are impossible to control. Stallions as a broad generalization do not make good riding horses for most non- professional riders. In light of this, either the mare or the stallion must travel to the other, sometimes at great expense, in addition to the physical risks. If for some reason pregnancy is not achieved,the travel expenses and risk of injury must be undertaken again. While the problem of impregnation on the first try may not be alleviated through artificial insemination,mares are protected from risks of injury through physical contact presented by nature's method,and the expenses associated with transporting either the mare or stallion are avoided. Additionally,most sellers of artificial insemination guarantee live foals,so that if pregnancy does not result,the mare's owner's only additional expense is an extra visit from the veterinarian (required no matter which method is used). VII. Exercise and Health of Horses., Horses must be exercised frequently in order to keep them in fit condition, and to keep them accustomed to obeying a rider's commands. As they say,practice makes perfect. An ideal way to do this,and to benefit both horse and rider is to offer lessons to non-riders. JCM/29O15/2/61811.1 08/16/99-aoS JCM AUG. 16. 1999 8 1 /PiM1 PEPE&HAZARD NO. 4419 P. 7 Proposed Annual Eeport_a Oktober Farrns to Building Commissioner During the calendar year, Oktober Farms had as many as and as few as horses on its premises. Of these horses, Oktober Farms owns _horses/ponies. During the past year, Oktober Farms was involved with the purchase and sale of_ horses and ponies. Oktober Farms has leased horses and ponies in the past year. Oktober Farms has bred horses and ponies during the past year. Oktober Farms anticipates the birth of__ foals in ICM/29015/2/6181Iv1 08/115/99-13O5if CM AI:11,3. 31 1999 110: 20PM PEPE&HAZARD NO. l4870 P. 1 PEPE & HAZARD LLP Law Offices 150 FEDERAL STREET BOSTON, MA 02110-1745 TELEPHONE: (617) 695-9090 FAX: (51 7)695-9255 l T,TI-PARTY FAX COVER SHEET DATE: „AagpA_ ..19_99. TIME: CLIENT/IvIATTER: 2901.5.2 PLEASE DELIVER THIS FAX IMMEDIATELY: TO; FIRM: FAX NUMBER: ritomta Ralph M. Crossen Bu iding Commissioner (508)790-6230 Patrick M. Butler, Esq, Nutter, McClennen cY:Fish.. (508)771-8079 (508)790-5407 FROM. Julie C_Molloy - -- COMMENTS: Please see attached, TOTAL NUMBER OF PAGES, INCLUDING THIS COVER SHEET: IF YOU DO NOT RECEIVE ALL PAGES. PLEASE CALL US IMMEDIATELY. THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE AND ANY ATTACHED DOCUMENT(S) IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE, THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW DISSEMINATION DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS CO1VEVEL1NICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (617) 695-9090 OR BY ELECTRONIC MAIL (postmasterepepshaamrd.com)IMMEDIATELY.THANK YOU. Transmitted By: Return To: `ancy Saundms JCM/29015/216U(O2 v 1 OS;161'99-BOS;.rCm AUG. 31. 199910:21PM PEFE&HAZARD NO. 4370 P. 2 PEP&EAZARD LLP LAW OFFICES JULIE C, MOLLOY 150 FEDERAL STREET, 28TH FLOOR :Also Admitted In UT, RI &ME BOSTON, MASSACHUSE T TS 02110-1745 Direct Dial: (617) 748-5528 617/695-9090 FACSIMILE 617/695.9255 jmolloy@pepehazard.corn ey.Facsimile (508) 77 1-8079 August 31, 1999 Patrick M. Butler, Esq. Nutter, McLennen & Fish, T..L.P. Route 132 - 1513 lyannough Road Hyannis, Massachusetts 02601 Re: Zoning Board of Appeals No. 1999071 C)lii�Pjoperty/Oktober Faces 2051_Main Sheet- rnstab.le, M Dear Pat: Thank you for your letter of August 30. I tried to reach you yesterday and again this morning, but Cindy indicated that you were in a meeting yesterday and out of the office this morning. As I indicated to Cindy, because the notifier on my voice-mail is working, I was unaware that you had called on Friday, August 26, although in any event, I was on vacation that day anyway, taking a long weekend with my Dad, and was unable to return your call until yesterday in any event. I note that, contrary to your letter, there was no GIS map attached to your fax. I would appreciate it if that could be faxed to my attention as soon as possible. Additionally, I must say that I was a bit disconcerted after reading your letter, and in general with the lack of progress in negotiating this matter to a speedy resolution. When we met on August lath here at my offices to discuss your proposed settlement outline, it was my understanding that the biggest stumbling block with respect to settlement was the number of horses. Your clients proposed a limit of 14 horses/ponies on the Cillis property. After discussing that the present zoning regulations permit up to 27 horses/ponies, based on total acreage, as of right (as an accessory use), it was my understanding that you understood that a limitation of 14 horses/ponies would be unacceptable to the Cillises, and that you would further discuss this specific issue with your clients, to see if whether there were some other way to resolve this (including a different, and greater number). With respect to the location of the riding ring as it presently exists and your clients' (especially the Fenneys) concerns regarding dust and noise, your settlement outline proposed buffering between the Fenney/Cillis properties by means of installation of a fence and vegetative buffering (such as arborvitae). In our meeting on August 11th, I indicated to you that this would likely be acceptable to the Cillises (in terms of installing such a buffering, and sharing that cost with the Fe;lneys). and when we spoke on Tuesday, August 24th, informed you that the Cillises )CM/290151:/62353v1 BOSTON Feti HARTFORD 115d3 SOUTHPORT 08/31!99. OS11CM AUG. 3]. 999 : 2 iPiM Pr?r ,HAZA,RD NO. 4'7 �Fry� ¢� D Er H a l.-lL R LL' Patrick M. Butler, Esq. August 31, 1999 Page 2 were tatgely in agreement with your proposed outline, and specifically would agree to a fence and plantings along that property line.' However, in your letter of August 30th, it now appears that your clients have changed their minds and would prefer that the Cillises relocate the riding ring. The obvious question is why have your clients now changed their minds, after your previous indication, via the settlement outline and our discussions, that the buffering is not an acceptable solution? You will recall from our August llth meeting that the only time discussion regarding changing the location of the riding ring came up was in connection with my proposal that, instead of installing a fence and vegetation to buffer the Tenney property from the Cillis property, the Cillises enclose the existing ring (obviously after obtaining necessary permits from the Building Inspector's office and other agencies), to create an enclosed, indoor riding ring. As I had indicated to you during our August 11th meeting, this is something the Cillises would like to do in any event on that side parcel, and, perhaps, instead of locating it to the rear of their property (nearer to the Cape Cod Community College), they could simply enclose the existing ring, providing buffering by virtue of walls, and place an outdoor ring to the rear of their property instead. Since this is not addressed in your letter at all, I wonder whether you addressed it with your clients, and if you did, must conclude that.this is not an acceptable alternative to your clients, which leaves us with the proposed solution you and your clients made of installing a fence and. vegetative buffering along the Fenney/Cillis property line, Under no circumstances will the Cillises agree to moving the existing riding ring. In fact, in the Cillises' opinion the fact that your clients now have evidently changed their minds and raise this issue of relocation of the existing riding ring is an indication that their supposed willingness to reach a resolution is less than sincere. I hope that this is not so, although when I consider that we met on August 11th, but as of the 24th your clients had not indicated their thoughts on the proposed settlement, frankly I must confess that this question crossed my mind also. The Cillises remain willing to resolve their disputes with your clients, however, in light of your letter, I unfortunately find it highly unlikely this will happen before tomorrow's continued hearing. Personally, I note that our chances of negotiating any resolution at all is highly unlikely if your clients keep changing their minds about what they want, since it is impossible for us to hit a moving target. Nor would any reasonable person think we stand any chance of resolving this dispute if your clients are determined to publicly slander the Cillises at the continued ZBA, hearing tomorrow evening. ' I must say that I was more than a little dismayed to learn in that conversation that between our meeting on August 11th and August 24th.that you had not yet discussed arty of these issues with your clients, especially considering that the continuation of the ZBA hearing was then on!y just eight days away. iON1129015,2 62353r. 01 1l%9o-BOS'JC l — ... --AUG. 31. 1999 10 22 M PEPF&HA7 RE) NO. 437i P. 4 l `lZARp�D Patrick M. Butler, Esq. August 31, 1.999 Page 3 In the interest of trying to speed this process up, I attach a proposed Settlement Agreement, and ask that you review this with your clients immediately, as I will do (and I intend to ask the Cillises to sign this agreement if it is acceptable to them, effective upon its signing by your clients, and held by me in escrow until that time -- obviously if not executed by your clients, it is ineffective). This Settlement Agreement reflects our discussion on August 11th, and follows your proposed settlement outline. For the sake of clarity, I also attach a recap of your settlement outline proposal and my outline of our discussions, including your proposals and clients' concerns, and together with the Cillises' objections and/or concerns regarding any particular item. hopefully this way we can nail down this resolution without further ado, yx. my yours, /tilie C. Molloy Enclosures t� cc: Ralph M. Crosser, Building Commissioner ;by fax) Zoning Board of Appeals, Attention: Ms. Debbie LaVoie (by far) Dr. & Mrs. Victor Cillis (by fax) Augustus F. Wagner. Jr., Esq. (by fax) JCM:!:9O 5,2/62'53v1 08;31/c'-BoS;iCM11 -- AUG, UG 31. 1999 1'): 22P1,M :E P E&HAZAR i NO 4.870 P. - J SETTLEMENT 4 AGREEMENT WHEREAS, Victor J. Cillis, M.D. and his wife, Brenda Cillis, also known as Brenda Tri, her maiden name, own and are joint tenants by the entirety of a 7.21 +i- acre parcel of land located at.2051 Main Street (Route 6A), in West Barnstable, and own and operate thereon a horse farm known as "Oktober Farms", and offer horseback riding lessons under the name of "Stepping Stones Riding School", and are duly licensed in accordance with the laws of this Commonwealth as a stable and riding school, pursuant to Chapter 128 of the General Laws, and the applicable regulations of the Town of Barnstable [hereafter referenced as the "Cillis property" or "Oktober Farm"); and WHEREAS, William D. Feeney, M.D., and his wife, MaryAnn Fenney, own and are joint tenants by the entirety of a parcel of land abutting 2051 Main Street(Route 6A), in West Barnstable, with a street address of 2071 Main Street (Route 6A), West Barnstable, [hereafter referenced as the "Fernley property"]; and WHEREAS, David Troutman and his wife, Pamela Troutman, own and are joint tenants by the entirety of a parcel of land abutting 2051 Main Street (Route 6A), in West Barnstable, with a street address of 2050A Main Street (Route 6A), West Barnstable [hereafter referenced as the "Troutman property"]; and WHEREAS, Christopher Mason and his wife, Lynne Mason, own and are joint tenants by the entirety of a parcel of land abutting 2051 Main Street (Route 6A), in West Barnstable, with a street address of 2021 Main Street(Route 6A), West Barnstable [hereafter referenced as the "Mason property"); and WHEREAS, the parties desire to resolve all of their disputes and disagreements, specifically with respect to: (1) easements on and over the Cillis property for the benefit of the Feeney property, the Troutman property and the Mason property, over the Cillis property driveway (hereafter referenced as the "driveway easement"]; and (2) the raising, boarding and keeping of horses, including offering of horseback riding lessons on Oktober Farms as an agricultural use as defined in Section 3 of Chapter 40A and Chapter 128 [hereinafter referenced as "agricultural use"]; THE PARTIES ENTER INTO THE FOLLOWING AGREEMENT for the purposes of resolving all such disputes and disagreements, effective upon the simultaneous execution of this Settlement. Agreement by all parties: Initialled: VC DT CM __ WF BC PT— L.M MI+ iCM;2SYO1`/2n23ht,-i i,3131'99•13OS JCM AUG 31 1999 0: 2 UM F.EPE&HAZARD NO 487U OperIgiQuALOctober Farms (1) Number ofnories on preys. Dr. and Mrs. C:illis agree to limit the number of horses raised, owned and/or kept on or at Oktoher Farms in accordance with the current applicable zoning limitations. (2) s, .baG -Riding e,;st s: Dr. and Mrs. Cillis agree to limit to five (5) the number of persons to whom lessons are being given (i.e.: meaning no more than five persons will be mounted) in the riding arena closest to the Fenneys, at any one time. This limitation shall not apply to boarders and/or others who may be riding on trails, or to persons present on the Cillis property in any general way, but is intended to specifically address the concerns of the Fenneys whose property overlooks the existing riding ring. (3) Homs sif Operation: Dr. and Mrs. Cillis agree to limit the hours of operation of Stepping Stones Riding School to the following hours: Monday through Saturday 9:00 a.m. to 6:00 p.m. Sundays 12:00 p.m. to 6:00 p.in. (4) : Parking shall be limited to the area located at the `op of the Cillis property driveway, on the northerly side of the stone wall running along the front edge of the Cilia property which divides the Cillis/Feriney properties, and which is screened by vegetation from view from the Penney and Troutman properties. (5) Placement,of ag eklo : Dr. and Mrs. Cillis agree to relocate the BouseHouse from its present location to the eastern edge of the top of the driveway, where it will be shielded from view from all abutting properties, but will remain accessible by the Bousefield Company for servicing. (6) Paer screIning + f l ' ran`' rim el ay��t tea e a v tar Dr. and Mrs. Cillis and Dr. and Mrs. Fernley agree to share the cost of installation of a wood fence, not less than six (6) feet in height, along that portion of their shared property borders which abuts the parcel upon which the riding -:.rena is located. Further, both Dr. and Mrs. Cillis, on the one hand, and Dr. and Mrs. Penney, on the other hand, each agree to plant not less than four evergreen type shrubs on their respective properties alongside this fence in order to provide a further buffer to help prevent the migration of noise and dust from the Cillis property into the Penney property. (7) Dust!Iz:[igation: Dr. and Mrs. Cillis agree to spray water in the riding ring before any lessons are given on any given day, as needed in order to limit dust arising during riding in the arena, Common sense will dictate that if it just rained, or paddles are forming in the riding ring, spraying the ring will not be necessary, Initialled: VC_ DT CM WY BC PT I:M_.� MF !CM!29015/2/b2 61v1 OE/11199•SOS/JCh1 AUG. 31 1999 In 3K1— PPE&HA7ARD N. (8) Inspectientrableaelynnianteentieer Dr. and Mrs. Cillis agree that the various town officials; including but not limited to, the Building Inspector and Health Inspector, are entitled to come upon the property at any time to perform inspections, in accordance with applicable town by-laws and regulations, and state that they have never taken nor ever will take any such ad hoc inspection from occurring. Dr. and Mrs. Cillis further agree to abide by and to operate Oktober Farms in compliance with various existing federal, state and local laws, in particular with respect to storage and/or disposal of manure and compost materials [hereinafter referenced as "waste"]. Dr. and Mrs. Culls attest, represent and warrant that to date they have complied with all regulations and requirements of the Board of Health, and that the Board of Health has inspected Oktober Farms on numerous occasions, without notice, and that the Board of Health has not found nor notified Oktober Farms of any violation of any waste disposal, and has approved Oktober Farms' present habit of spreading manure and compost on the open fields located on the Cillis property as in compliance with applicable regulations. Dr. and Mrs. Fenney, Mr. and Mrs. Troutman and Mr. and Mrs. Mason agree to refrain from making harassing, annoying and/or unjustified complaints to applicable town offices and agencies, including the Building Inspector and Board of Health. (9) Emmy_Kell The Fenneys agree to have their well water tested by an independent testing company (,who will take the actual samples) in order to determine the content of this water, and the nature of any pollutants which exits therein. In the event that the Fenneys' well is determined to contain pollutants resulting from the spreading of manure on the Cillis property, the Cillises agree to cooperate with the Fenneys in order to alleviate and eliminate this problem. (10) irseeofDri e �l ors�l �C Ri ens: Oktober Farms agrees to restrict access by persons on horseback on the Cillis driveway, and instead to instruct all riders to access trails via the easterly side of the Cillis property. (11) InstructioneWatormationnelionseback_Brideler Oktober Farms agrees to include with its registration and/or release materials provided to any persons engaged in horseback riding of Oktober Farms horses, whether boarders, lessees, persons taking lessons, or engaging in trail rides, instructions and information reminding such persons that Oktober Farm is located in a predominantly residential area, to be courteous of neighbors with respect to noise, to avoid trespassing upon neighbors' properties, and instead to stay on public trails or ways, and instructing each person regarding the boundaries and limits of the Cillis property, including a map in reduced size outlining these boundaries. Initialled: VC DT CM BC PT— 1( vI MF - W_1,99.30S JCM 1' I9 4 :F HQ"; f' NO. 42 .` r, n II. Driveway Eaament efaananainf resUttsiage.AtacessArad Reptailea (1) The Troutnants: Mr. and Mrs. Troutman hereby relinquish any and all right title and interest in the driveway easement to the extent that such easement extends south of the northerly driveway access to the Troutman property (running alongside and abutting the Sandy Street Cemetery), including but not limited to all rights to travel over and to use any portion of the former easement,-with the exception of a ten. (10) foot wide easement directly running along the easterly edge of the Troutman property insofar as such limited easement may be required for emergency access and/or repairs to the Troutman property, with all such relinquishment and limited easement to run with the land. The Troutrnans hereby further agree and acknowledge that no part of this "Settlement Agreement" shall be effective until the document attached as Exhibit A, documenting the relinquishment of a portion of the driveway easement, is recorded with the Barnstable County Registry of Deeds. (2) The Mason*: Mr. and Mrs. Mason hereby relinquish any and all right title and interest in the driveway easement to the extent that such easement extends south of the northerly driveway access to the Mason property (running alongside and abutting the Sandy Street Cemetery), including but not limited to all rights to travel over and to use any portion of the former easement, with the exception of a ten(10) foot wide easement directly running along the easterly edge of the Troutman property insofar as such limited easement may be required for emergency access and/or repairs to the Mason property, with all such relinquishment and limited easement to rain with the land. The Masons hereby further agree and acknowledge that no part of this "Settlement Agreement" shall be effective until the document attached as Exhibit A, documenting the relinquishment of a portion of the driveway easement, is recorded with the Barnstable County -Registry of Deeds. (3) T E nneya: Dr, and Mrs. Fenney hereby relinquish any and all right title and interest in the driveway easement to the extent that such easement extends south of the northerly drivewayaccess to the Troutman/Mason properties (running alongside and abutting the Sandy Street Cemetery), including but not limited to all rights to travel over and to use any portion of the former easement, with the exception of a ten (10) foot wide easement directly running along the westerly edge of the Feeney property insofar as such limited easement may be required for emergency access and/or repairs to the Mason property, with all such relinquishment and limited easement to run with the land. The Fenneys hereby further agree and acknowledge that no part of this "Settlement Agreement" shall be effective until the document attached as Exhibit A, documenting the relinquishment of a portion of the driveway easement, is recorded with the Barnstable County Registry of Deeds. (4) In consideration of this release of a general easement and grant of a limited emergency access easement, the parties make the following further agreements, which shall also be included in the memorandum of agreement filed with the Registry of Deeds: Initialled: VC 1.1)i° DT_._r �1�1—_._ �— PTLt't BC--- -@ --- J ;C`t?29u'512/62 3 6 1 0 O'..1:.1'9O-BOS:`JCM AUG. 1999 H): 2 M FEPE&HAZARL) NO. 4S79 P. 9 (,a) the Troutmans agree to close the southerly breach in the stone wall at the southeasterly corner where the Troutman property abuts the Cillis property; (b) the Troutmans and Masons agree to bear all costs to restore the Cillis driveway, from where the Troutman/Mason parcels gain their access to Main Street(Route 6A) to its former, preconstruction (or the Troutman/Mason new driveway) state, including repaving that entire portion of the driveway, and further agree that time is of the essence in this matter; (c) the Troutmans and Masons agree to bear all costs which may be incurred at any future date to repair the Cillis driveway, including any vegetation, as a result of their use of the limited emergency access easement retained, and further agree that time is of the essence in this matter; (d) the Troutmans and Masons agree that they are responsible for all snowplowing and maintenance of the lower driveway (running from where the Troutman/Mason parcels gain their access to Main Street (Route 6A)), and the Cillises grant permission to the Troutmans and Masons to place their mailboxes on the Cillis property, exact location to be determined by mutual agreement, along Route 6A, next to the Cillis mailbox, without obstructing access to same. (e) the Fenneys agree to bear all costs which may be incurred at any future date to repair the Cillis driveway, including any vegetation, as a result of their use of the limited emergency access easement retained, and further agree that time is of the essence in this matter; (r) if any upgrade (as opposed to strict repair) of the driveway opening by the Town of Barnstable Building Department in connection with the Troutman's and Mason's application, to that Department, for permanent Certificate of Occupancy for their respective homes, all parties, the Troutmans, Masons. Fenneys and Cillises agree to equally share the costs of any such upgrade. In order to facilitate any such upgrade, a good faith estimate by necessary contractors for costs to complete such upgrade shall be obtained by the Cillises, through their counsel. This estimate will then be provided by the Cillises` counsel to counsel for the Fenneys, Troutmans, and Masons, Patrick M. Butler, who will provide this estimate to his clients, and will obtain from them each th.eir one-fourth share, and will forward said amounts to the Cillises counsel, Julie C, Molloy, who will hold all said amounts in escrow, and shall arrange for completion of work and payment of contractors as needed. The parties further agree that each will advance one-fourth of any additional costs incurred in connection with this work, as an incident to their rights and duties to maintain said easement. (g) with respect to any repairs made by either the Troutmans and Masons in connection with existing damage to the Cillises' lower driveway, as set forth in paragraph 4(b) above, Initialled: VC WI' CM WF BC PT •LM_ MF_ .1CM/290I.V2i623F lv 08131 99-BOS'JCM An, 31. 1999 110: 25PMI PEPE&H,AZ?P[; No, 4870 P. 10 to provide reasonable notice to the Cillises regarding dates upon which such repair work shall occur, and shall endeavor to complete such repairs in a time and manner most convenient for the Cillis family, with consideration given to their work and school schedules, as well as the fact that Dr. Cillis as a pediatrician, is on call twenty-four hours per day. Insofar as is possible, the Troutmans and Masons shall provide the Cillis with written notice as to the date and time, as well as duration, of such repair work, with at least five business days' notice. YII. $itryey of Property (1) .Easement: The parties agree to engage the services of a non-interested registered land surveyor to stake out the property boundaries of the Cillis, Troutman and Penney properties along the Cillis driveway, and further staking out both (a) the existing driveway easement and (b) the proposed limited emergency access easement as set forth above in Section II. The parties agree to use the services of Arne Ojala of DownCape Engineering, which originally surveyed the property and prepared plans on file with the Registry of Deeds, and to each share in the cost of this staking out.of the property boundaries and driveway easement equally, with each party bearing one-fourth of this cost. In the event that the Feeney shed is not properly located on the Fenneys' property, or not properly situated in accordance with applicable Town of Barnstable Zoning Ordinances, the Fenneys agree to move the shed so that it is either (a) not located on Cillis property or (b) properly in conformity with the applicable Town of Barnstable Zoning Ordinances. (2) l ' The Fenneys and Cillises agree to engage the services of a non- interested registered land surveyor to stake out the property boundaries between the Cillis and Fenney properties along that portion of the boundary running alongside or adjacent to the riding ring located on the Cillis property, from the westerly end of the riding ring to the edge of the Fenney property, for the purpose of determining the location of fencing to he installed and shrubs to be planted. The parties agree to use the services of Arne Ojala of DownCape Engineering, which originally surveyed the properties and prepared plans on file with the Registry of Deeds, and to equally share in the cost of this staking out of this portion of the Cillis/Fenney properties. IV. Anthitratinn In the event that any allegations of any breach of any portion of this agreement by any party hereto, the parties each irrevocably and specifically agree to proceed to binding arbitration of any and all disputes and claims regarding any of the matters set forth in Sections I, II and III above, and to abide by the decisions resulting from any such arbitration as binding, waiving any and all rights to appeal as to any facts determined and/or found in arbitration. The parties agree that the arbitration award shall include written findings of fact and applicable law. Initialled: VC DT CM WF BC PT LM 1VIF JC M/2901.5/2/62361 v 1 1$131i99.aOS.JCM AN. 31. i99 ir, 26PM PE&HAZAR,L1 NO. 4870 F. 11 The parties agree in advance to equally share all costs of arbitration, and further specifically agree that the arbitrator or arbitration panel may assess costs to the prevailing party against the other party, including all attorneys' fees and costs. The parties each specifically agree to waive all rights to discovery with respect to any claims submitted to arbitration, and agree that the arbitration proceeding shall proceed without delay, because the matters at issue involve real estate, and time is of the essence with respect to the resolution of any disputes arising in this matter. Although the parties agree that all claims shall be resolved through arbitration, the parties shall not be prohibited from seeking injunctive relief or attachment, including any and all statutory rights to mechanics' liens, et cetera, regarding any work performed, in any court of competent jurisdiction within this Commonwealth, pending resolution of arbitration, nor shall the parties be prohibited from seeking enforcement of any arbitration finding from in any court of competent jurisdiction within this Commonwealth, or from appealing any issues of law decided or law applied in arbitration to any court of competent jurisdiction within this Commonwealth. Because all real estate affected by this agreement is located within the Commonwealth of Massachusetts, the parties expressly agree that the law of this Commonwealth of Massachusetts applies_ Theparties agree that in the event arbitration is required, the services of the American Arbitration Panel or some other suitable and comparable firm shall be used, such as JAMS/EnDispute. With respect to appointment of the arbitrator, at the choice of any party, a panel of three arbitrators instead of one single arbitrator will hear any and all claims. If a panel of three arbitrators is requested, the parties will request a list of at least twenty (20) potential arbitrators, each experienced in the practice of law in the fields of Real Estate, Land Use and Zoning, and each shall have an opportunity to strike any three persons from this list, and then to confidentially rank, in order of preference, their choices of arbitrators. The final selection of arbitrators shall be made from this list by the arbitration firm. The rights and obligations established herein inure to the benefit of and are binding upon the parties hereto and their respects heirs, successors and/or assigns from time to time of all or any portion of either or both of the benefited and servient estates or any portion or portions thereof, however, such estates may hereafter be divided or combined and shall be covenants running with the land. This agreement shall be operative and effective only after signature by each and every party hereto. Initialled: VC DT _ CM WE BC PT LM!_ MF J0(11290 1 512/62 361'.1 06;31/99-BOS/JCM AUG. 31. 1999 1 ):27PM PEFE&HAZA NO. 487U P. 12 By signing below, each person warrants and represents that he or she has completely read and understood each and every paragraph set forth above, and if he/she had any questions, acknowledges that he/she has either sought the advice of counsel or otherwise satisfied him- or herself regarding the meaning and effect of each paragraph. Each person further agrees that their agreement is specifically and fully set forth above, and that this agreement supersedes and overrides any and all previous agreements and/or warranties made. The parties further hereby agree that no changes may be orally made to any matters set forth above, and that any waiver, modification or alteration of this agreement must be set forth in writing. Executed under seal this _ day of , 1999 each of our own free act and deed. Victor J. Cillis Brenda M. Cillis COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. __ - 1999 Then personally appeared before me the above-named Victor J. Ciitis and Brenda M. Tri and declared the foregoing to be their free act and deed, individually and as husband and wife. ;signature? [print name] Notary Public My commission expires: Executed under seal this day of _ , 1999 of each of our own free act and deed. David Troutman Pamela Troutman COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. , 1999 Then personally appeared before me the above-named David Trouunaa and Pamela"Troutman and declared the foregoing to be their free act and deed, individually and as husband and wife. ;signature! Tprint name, Notary Public My commission expires: Initialled: VC DT CM —- WF BC PT LM MF 3C"+u2901 jr2'S23iilvl 0813I199-BOS3CM AUG, 31. 1999 ;1: 27F'M PtPE&HAZAR'D NO. 4870 P. 13 Executed under seal this day of , 1999 of each of our own free act and deed. Christopher Mason Lynne Mason COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. , 1999 Then personally appeared before me the above-named Christopher Mason and Mrs. Mason and declared the foregoing to be their free act and deed, individually and as husband and wife. !signature/ [print namel Notary Public My commission expires: Executed under seal this day of _ , 1999 of each of our own free act and deed. William D. Fenny, M.D. Mary Ann Fenney COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss, , 1999 Then personally appeared before me the above-named William D. Fenney, M.D. and 'vlaryAnn Fenney and declared the foregoing to be their free act and deed, individually and as husband and wife. signature.! • [print name] Notary Public My commission expires: Initialled: VC DICM WF BC PT_ L.it1 MF ICM/29p 15/1'62361v I 08.r31 r99-BOS%ICt.1 AUG. '1, 1999 10: 2, M PEPS H 7ApD NO. 4879 P. 14 MEMORANDUM TO: Patrick M. Butler, Esq. FROM: Julie C. '_Molloy, Esq. DATE: August 31, 1999 RE: Recapitulation of Meeting and Discussion on August 11, 1999 Regarding Settlement Proposal Outline Presented by Patrick M. Butler +h***:1.76****xYt•l•****7k>k**************.?k*#Y.c*4.****** *****•kA**,0•kd•*>k*****{c*M++I*********** Pat: What follows is my recollection of our discussion, together with my recollection of our respective positions on each issue, during our meeting on August 11, 1999, with the hope that this will assist us in reaching a resolution of this matter, and to give you an understanding of how I arrived at the terms set forth in the attached settlement agreement. For simplicity's sake, I will follow your outline of settlement: I. band Use/Opetlltional Issues 1. Agriolturail Use acktaQwledged It was my understanding that, in consideration of reaching an overall agreement to resolve all of the parties' dispute, that you would recommend that your clients acknowledge that Dr. and Mrs. Culls' use of their property constitutes an exempt agricultural use as set forth in Section 3 of Chapter 40A and Chapter 128 of the General Laws. 2. Operational Lit ii1 Your outline contains the following notes: * maximum 14 horse/ponies -- own every horse * 5 riders at any one time * Hours: Monday through Friday 9:00 a.m. to 6:00 p.m. Saturday -- 9:00 a.m. to 12:00 p m. No lessons Sunday * no birthday parties -- instructionieducation only Your Clients' Comm: As a result of our discussion, it was my understanding that your clients' basic concerns were the number of people riding horses in the riding ring during lessons, and the times when such lessons were being given. Understandably, since your clients' backyard does overlook the riding ring, they seek some limitation both in terms of numbers and operational times, together with certain measures (addressed later) to address dust and noise. Accordingly, it was my understanding that you would recommend to your ;D3,29015/2/67333v1 Ot/31!99-BOS. CA4 AUG. 31. 1999 10: 23PM1 PEPE&HAZARD NO. 4870 P. 15 clients a limit of 5 people riding horses during lessons in the riding ring, and that the hours in which lessons were offered be limited in some fashion. You further indicated that this limitation as to numbers of people riding would not apply to persons on trail rides, or boarders, or persons generally on the property, but only to persons mounted on horses receiving lessons. Cillis°position and_Concerins: As I stated during our meeting, aside from the maximum numbers of horses/ponies proposed, I felt that the Cillises would likely agree to these proposals. As we discussed that day, under present zoning regulations, the Cillises are entitled to have up to at least 27 horses/ponies on their property, based upon the total acreage which they own. Accordingly, a limit of 14 is simply not acceptable. I indicated to you on August 11th that I felt the Cillises would probably agree to a limit in the range of 20 horses, based upon their existing acreage. During our discussion you contacted your office and verified that in fact the zoning by-laws do permit a certain number of horses based upon acreage (without getting into details as to how much acreage or how many horses would be allowed). I had thought, based upon our discussions, that you would raise this issue for discussion with your clients, but as of today, it is my understanding that they have not considered this. With respect to the other issues, Dr. and Mrs. Cillis are willing to limit the hours during which lessons are given either as proposed, or some other reasonable times, and to agree that no more than 5 persons mounted receive lessons at any particular time. As noted in the materials submitted to the Building Commissioner, dr. and Mrs. Cillis have removed the "birthday parties" from their business card, and will agree to only offer lessons for instruction or educational purposes. 3. PLaper Arligatio>wa(dv erizi st control Your Clients Concerns As I understand it, your clients -- or principally the Fenneys -- object to the dust generated while horses are riding in the ring, and propose that the Cillises install an underground irrigation system to hose down the riding ring. Est p�sation_a.>rtd Concerns: in addition to pointing out that we have experienced a severe drought this summer, and that the dust has undoubtedly been far worse this summer than it might normally be, I also indicated that the Cillises have a hose, running down from the barn to the riding ring, which is used to hose the ring down in an effort to keep dust to a minimum. As I indicted on the 11th, Mrs. Cillis suffers from a lung condition which is seriously and severely affected by dust and bad air quality, thus this is something that she is quite conscious of, and about which she makes every effort to alleviate. While the Cillises hope at some point to install a well closer to the riding ring (in order to avoid using town water, for which they are charged) to keep this ring moist, I think that requiring installation of a full blown underground irrigation is quite a bit more than is required, and is sought for good reason other than to force the Cillis to incur substantial unnecessary expense, to address an issue which can be readily addressed with existing facilities, including the hose presently used. The Cillises agreed, after our meeting on August 11th, to be super-vigilant JCm/2,A I 5/2/623 3 3r I Ot/31/99.905%JCh1 AUG. 8i. 1999 ?( 2PPPv PEPE&HAZARD NO, 4870 P. )G to ensure that not only boarders too make sure that they too hose the ring down before riding in order to mitigate dust issues. 3. P ii). Ajrea, Fend otf/vegetated screening or moved to_rreaL9f property: Your Clients concerns: Your clients would like some assurances that they do not have to view a parking area from their homes. Cillis' Position and Concerns: The area where visitors to Oktober Farm now park is actually not easily visible from any home. Nor is the parking area visible as one approaches up the Cillis driveway, and turns into the Troutman/Mason driveway, due to the hill which crests just before one reaches the parking area. This parking area is buffered by vegetation and trees, many if not most of which are evergreens, from both the Troutman and Fenney parcels (unless either chooses to remove this vegetation), and thus I think that this is a non- issue. The Mason parcel is located on the other side of the Troutman parcel, and does not abut the Cillls property, so this is a non-issue for that property. To the extent that any additional plantings might be requested by the Troutmans, I suggest that they consider bearing that expense, as a show of good faith to the Cillises for the tree and shrub removal in connection with the new driveway opening along the Sandy Street Cemetery. I also note that with respect to traffic and parking, that this issue is quite problematic, since the property is also the Cillis home, and they are entitled to have guests and visitors, who may drive or arrive in cars, and may chose to park in that parking area, completely unrelated to the farm. This then seems to be a rather difficult if not impossible problem to police. 5. Title " prc ypi f r l)at�*room in ctahle or to South (!f Ss�►11 Your Jientsfolic rip: Your clients dislike the BouseHouse located at the edge of the parking area, and would like it removed so that it is not visible, or some other bathroom facility offered. C illis�bsitiQn and Concerns: The BouseHouse was leased in part in response to complaints made by Mrs. Fenny regarding allegations of people improperly relieving themselves in the woods on the Cillis property. As I have indicated, the Bousefield Company dictated its placement of the BouseHouse. It is visible only from the Troutman property, and I have recommended that, in the event we reach an agreement before it is removed or the lease ceases, that it be moved to the opposite side of the driveway so that the Troutmans will not see it. The Fenneys cannot in any event see it at all. I do find it interesting that the Troutmans, the only property which has any view of the BouseHouse and thus would have any reason to complain, have or had a BouseHouse themselves for quite some time in connection with their construction of their home. JC S1.12'X 1512,6n33v 1 os13 rn9-BO JCM! g(3 21 1999 10 2n°PM FETE&HAZA'dl NO. 4810 P. 17 Regarding Title V installation, as you know that can cost upwards of$10,000, making me wonder again if the objective is to resolve disputes or make the Cillises expend great sums of money. Nonetheless, as I mentioned to you, the Cillises have and still are considering installation of a self-composting outhouse facility, and I provided them with the name of the company in Orleans which you had mentioned during our meeting. Pending going forward on that, farm, visitors will use the BouseHouse so long as it is there, and if it is removed, the bathroom located in the Cillises' home. 6. cgmpostitng or ce_ ' 1 ions - locatecLio_far south_ corner of progty -iiQ sprgarli north. of_ziabies r Clients Concerti: Your clients, in particular the Fenneys, are concerned that their private well, located to the rear of their property, may somehow be contaminated by the spreading of manure, and would like some assurances that this is done in compliance with the Board of Health regulations. Lillis' Position and Coneeru The Board of Health has inspected the farm on numerous occasions, and composting procedures have been are fully explained and disclosed to inspectors, who have indicated that the farm's practices are in conformance with Board of Health regulations. By and large all manure compost. is spread on the southern portions of the Cillis property anyway, so the Cillis do not object to this. however, as we all know as a matter of common knowledge, aged cow and horse manure are effective natural fertilizers for lawns and gardens, and are commonly sold at hardware and garden stores. Frankly, it seems more appropriate to ask that your clients disclose any pesticide or other chemical compounds used on their lawn and garden areas which may be harmful to humans and animals in the area, and further that they agree to cease and desist from any such usage. Please provide me with an itemized list all chemicals which your clients intend to use to treat their lawn and garden areas, so that we can further discuss this issue. 7. Waiver form..to include r bore noise control_ use of bathrooms nnd_ ss_ta trnils Your Clients Comma: Your clients are concerned about noise and trespass (again, presumably this again is the Fenneys, since the Masons only recently moved in and the Troutmans have not yet moved in) upon their properties, and so it is requested that all farm clients be provided with information identifying the Gillis property, how to access trails from the Cillis property, and a request that they be respectful of the neighbors in terms of noise and property when riding. Bathrooms were addressed above, but I think this was mentioned again in connection with ensuring that farm clientele use proper bathroom facilities. .osititoand Concerns: The Cillis have no problem with providing clients with the information requested, and a request that farm clients be respectful of neighbors in terms of noise and property boundaries, and to access trails from the Cillis property. Please note, lki)1 99•DUS;iCn4 AUG. 31 i n: 3 P. FEFC. H D NO 48 0 P. 18 ,, � ;. :4�4 iu. .s1� iVl _� :�.�AZAr.I, , u7 :n however, that frequently, particularly on weekends, the college campus has many sports games taking place, where large crowds gather, which causes quite a bit of noise which also travels to the Fenney property, for which the Cillises are not responsible. Bathrooms were addresses previously and are not.reiterated here. Additionally, on at least one occasion when I was there, there seemed to be a party of sorts involving the Fenney children, playing basketball, and during which very loud music was blaring. Whether this was a "tit-for-tat" situation, I do not know, but I point this out to make you aware that this is not a one way street, and not only do two wrings not make a right, but instead compound the problem. 8. .n 1 11 r n -- Yfair Client5 Cvncerr : Again the Fenneys are concerned that their private well, located to the rear of their property, may somehow be contaminated by the spreading of manure, and would like some,assurances that this is not so, thus a proposed monitoring well is suggested. Cilli�Position and C once : Again this seems to be a $1 million dollar solution to an as yet non-existent problem, which can be accomplished in a much simpler and less expensive manner. To the best of my knowledge, there has never been any allegation that the Fenneys' well has been contaminated, or that the contamination came from the manure composting (which, as noted above, is routinely used as lawn and garden fertilizer in any event). As I suggested on August 11th, the first step would seem to be for the Fenneys to have their own well water tested, to determine its content, and to establish a baseline, and if contaminated, what the nature of any contamination is (it may well be chemical fertilizers applied by the Fenneys, for all we know at this point). Absent some indication that there has been some harm to the Fenneys, installation of "monitoring wells" is not something the Cillis are willing to bear the cost of, nor is it reasonable to assume that they would do so. 9. Onera ain io 1c§ of Chapter 128a i jatiingalLS-tgl ' alki f Chapter 128 /or Clients Com:werng: That the Cillises be properly licensed. Cillis' Position and CDacerus: They already are, and have been for quite some time. II. p 1. N4 horses up or own lib'eway -- use of publicirails ueerns: I am not sure what the concern is here regarding the driveway, other than aesthetics, or concern about perhaps running a horse over. With respect to Route 6A, your clients want the Cillis' to refrain from using it. JCM/29015 2'623;5vl 0Sj Ji99-FCS.'JCM __ rt . ;i 1999_..10: 39PNI PtPE&. 1Z R9 NO. 4870 P. 19 Cillis'Position and Concerns: The Cillises are willing to agree to this limitation, despite the fact that it seems a bit unreasonable. Regarding Route 6A, this is a public way,. and this request is darned unreasonable, and not acceptable. 2. Fencing or yetretatiY r. n your Clients terns: Your clients would like some privacy, presumably. Cillis'_ sationandeCon em: The driveway is already quite vegetated, and the Cillis have no problem agreeing upon further vegetation to beautify that area. 3. Trmutr9aanOil1ason niePaiL ,ys fum new access to Route 64 Yur Clients Caverns: Your clients obviously wish to beautify the entrance to their home. Cillis' Position and Concert : The Cillises have no problem with this, and as you know, they have been requesting just such an agreement and assurances for just about a year now. 4. Irouttnans & llas. s.i c e breach at southerly endpf WALINdigringSALINAlita Your C ents Cons .rf; Your clients obviously wish to beautify the entrance to their home. CUlis' Position a Conee ns: The Cillises have no problem with this, and as you know, they have been requesting just such an agreement and assurances for just about a year now. 5. TrQ nciiviasolu5 u relit t1>i 1Caghgc 4oUt ®f driveway x ent f r a 14 foot strip 1ecerLaive ore fg ,t usaa� nd access as in futur . r Clients Concerns: Your clients wish to retain limited access rights in the event of an emergency, which .s quite understandable. dais'.4sltio_n and Cn tern: With the understanding that the relinquishment of rights will be recorded with the Registry of Deeds, and that the retained easement will be for emergency access and repair only, and that any damages be repaired by the Troutmans and Masons the Cillises agree to this proposal, 6. des to relinapish ' • w n reserved* pm r en usage and access as needed in futu ei. Your client oncerns: Your clients wish to retain limited access rights in the event of an emergency, which is quite understandable. JC /29Qi5/262.283di 0101/9 9•GO5rJC\l AUG. 31. 1999 10: 31PM PFFt&HAZARD NO. 487 i P. 2 9 Cif' Position_aud Concerns: With the understanding that the relinquishment of rights will be recorded with the Registry of Deeds, and that the retained easement will be for emergency access and repair only and that any damages be repaired by the Fenneys, the Cillises agree to this proposal. 7. Thal tm nsl 1 f edranujo lte 6� Yogr Clients Cunt: none that I am aware of. Culls' Position nd Concerns: This is fine, although Dr. Cillis has indicated that he has no problem with plowing the entire driveway, since he needs to anyway in order for his family to gain entry and exit from their property. 8. on ib�le f°' [ulo i ' g drivPw�y 4 c6m Tro tmanslNl e ptry smith to their house Your Clients Cancer: none that.I am aware of •s' : This seems obvious and is not a problem. 9. Tr / n p y "o of maiatenaucicosts for_slrivema from glptrau a t4B er j Clients Concerns: That the farm traffic causes more wear and tear than your clients' anticipated uses of their properties. Calk! Position and.Co rns: While the Cillises appear willing to agree to this, in light of the fact that (a) they are willing to plow the whole driveway and (b) to date the Troutman/Mason usage of the driveway has caused substantially more damage to the lower end of the driveway, while the upper portion(used by all farm traffic) is undamaged, this request seems a bit overreaching. The fact that no damage has been done to the upper driveway would indicate that the farm traffic does not substantially increase the burden placed on the driveway as a whole, and that in fairness, the costs should actually be split four ways, including the Fenneys, whose right to retain their easement hinges upon their willingness to maintain the driveway. In any event, the Cillises will agree to this in order to resolve this matter, 1CM/29G1 S/2/62N3v 1 O6 31i99•DOS/JCM AUG. 31: 199; 10: 1PM PEFE&HAZARD fd0. 487; P. 21 n 10. r Rarterect shared four watts— icy1 ri '- cr iocatiou`o nroper - t ,.or e� rn� S ils1�a<g$Jlag struct re j 'a` • Q Your. ie r : That everyone have a clear understanding of the property boundaries, and any encroachments be removed in accordance with law. ,cjilisLEksition and Conceals: This is acceptable to the Cillises, and your suggestion of Arne Ojala is also acceptable, since he actually did plot plans filed with registry of deeds, he may have the best ability and knowledge to actually flag boundaries at the least cost. 11. Tr9utmans & 1Vj t ovas o� ri lis.prog rtv_ g 1Youte iA Your Clients C4ncCILLS: To locate a mailbox near driveway entrance: ?Nita a d Concerns: This is acceptable to the Cillises, provided that the mailboxes do not interfere with the Cillises' existing mailbox, or require its replacement. Indeed the Masons mailbox is already located there. 12. Parties agree to proceed with necessary work to upgrade driveway opening and to attain_n.grmith in into account "cammerclal use Your Clients Conceins: That they be able to obtain their certificates of occupancy regarding the driveway opening, and that the Cillis' alleged greater use be reflected by participating in cost of any required upgrade. Cillis' Po.sitiou.and Concerns: This is acceptable to the Cillises, provided that all disputes are resolved as set forth in the attached Settlement Agreement, and without waiver of the Cillises' position that, as stated by Massachusetts Highway, it is not the farm usage which led to the requirement of an upgrade, but rather the addition of two new residences to the existing driveway. The Cillis are willing however, with the caveat noted above regarding resolving the entire matter, to agree to share any costs required for upgrading the driveway opening or apron (only) in order for your clients to obtain Certificates of Occupancy from the Town of Barnstable Building Inspector. 13. 5tagg red ing rbonitae)-red/or f entire rt� a(Lek i r Your Clients Concerns: To provide a buffer between the riding ring and the Fenney backyard, in order to minimize dust and noise concerns Callas' Position and Cojcerus: This is acceptable to the Cillises, provided that all disputes are resolved. As noted in my cover letter, though. I was more than a little dismayed when I received your August 30th letter, indicating that your clients want the riding ring moved JC M'29015,2/62383v 1 oS/i 1/99-iOSliCM AUG. 31, 1999 T4^ 32PM E p Ap� ppRD 3� P. J� Iili i JLiI� �EPr�ri Y. Y,R,:1 NO. ��l`, � entirely to the rear of the Cillis property. This is patently unreasonable. Frankly and to be perfectly blunt, if the Fenneys had wanted the parcel to remain wooded, and entirely unused, they could and should have purchased it for themselves. For them to now seek to control what legally viable and permissible activities which the Cillises engage in on their own property, simply because they do not like the horses, or seeing children enjoy themselves in a healthy, outdoor activity, is overreaching, to be kind and to put it mildly. The Cillises riding ring complies with the zoning by-laws, and they will not move it. I had suggested to you during our. August 11th meeting that instead of fencing and shrubs, or perhaps in addition thereto, that your clients consider that the Cillises enclose that riding ring to create an indoor arena which would also provide a buffer zone. I spoke with the Cillises that very evening, as I had told you I would. I had thought that you too would promptly speak with your clients so we could reach a speedy resolution of this matter. Yet, the next time I finally heard from you, on August 24th, I was truly dismayed to learn that you had not even spoken to them about anything we discussed -- with the continued hearing only eight days away. Frankly, that coupled with the absurd request that the Gillis move the riding ring simply to suit the Fenneys sensibilities strikes me as not only impractical, but moreover an indication that overall, your clients -- or perhaps simply the Fenneys -- really do not want to resolve this dispute, but instead, wish to prolong it to satisfy some bizarre desire meddle in the Cillises' affairs, and to prolong and further engender hard feelings amongst these neighbors I note that this may indeed pose a conflict of interest for you in your representation of the Troutmans and Masons, who, as best I can tell seem far more willing to reach an acceptable compromise. The fact of the matter is that the Fenneys may make it impossible for you to do so, to the detriment of the Troutmans and Masons. It goes without saying that if the Building Commissioner does not retract his cease-and-desist order, and the Fenneys slander the Cillises at tomorrow's ZBA hearing that the chances of our resolving this dispute disintegrate. III. f,orrul+ aical$,ioosik'Impli 1. brag Agree to good t'ailLansi pie dili,genu The Cillises agree to this point, although my previous paragraph addresses my concerns about the Fenneys on this point. 2. Parties_agree to mesh jsw DE to govern all future displules As outlined in the proposed Settlement Agreement attached I feel binding arbitration would be best. This is acceptable to the Cillises. 3. P rti s r e to r/f — %cat.e Att tyRilttNl S OF Ofl� our larks, JCM%2%1),2h52383',•I J8/3I/y9-B(S,JCM AH. 31. 1999 10: 33PM PEPE&HAZARD• Na 4870 P. 23 This seems reasonable, although I would add that before complaining to any authorities that the parties agree to a thirty (30) period in which to try to resolve their differences privately, and without counsel. If these folks are going to live as neighbors, they had better get used to dealing with one another directly. 4. 'F n r ' • dins allowed withotiLootice As I have indicated to you and you have acknowledged, the Board of Health and Building Commissioner are, by law, permitted to inspect without notice in any event. It is my understanding that you prefer this be written into the agreement, in order to provide your clients with an added sense of security. Fine. This is not a problem and any town, state or federal officials are free to visit at any time. Conclua This memo has taken me a good deal longer than 1 had anticipated (it now being 10:10 p.m.), however I hope that we can still try to resolve this matter- As I have said from the outset, noted in my letters to your predecessor counsel, Bruce Gilmore, these folks are going to be living next to each other for quite a while, and it is in everyone's best interest to resolve these disputes. I truly feel that the Cillises have agreed to compromise on many points -- more than your clients -- in an effort to try to do so. I implore you to convince your clients to do likewise, Given the hour, I will not be able to drop off a copy of this letter to the Cillises, but I will fax it to them at Dr. Cillis' office. In reality, I do not believe that we are all that far apart, but the Fenneys have got to reach some sort of understanding that they cannot control the lawful uses others wish to make of their own property, and let bygones be bygones. Please feel free to call me tomorrow if you make any progress with your clients. (777 z \/74/(-1.&--- JCNI/29013.I2/523S3v1 OS/31/99-6OS/JCM U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic s®Q.] Cotrrrage Provided) N m 1-4 Postage $ ,3911 co ru /- SQ Certified Fee Return Receipt Fee *Postmark ra (Endorsement Required) �,Here RJ • Restricted Delivery Fee !l ▪ (Endorsement Required) Total Postage&Fees $ u7 (Please Print Clearly)(To be comp�ted'by'm Recile is Nam paller) Qdbs Street Apt.No.;or PO Box No. / fate IP+ ' S Auk �� G . _ /i.. D266� PS'Form,3800!February•2000 See Reverse for Instructions Certified Mail Provides: a A mailing receipt o A unique identifier for your mailpiece a A signature upon delivery a A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. a Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified'Mail. For valuables,please consider Insured or Registered Mail. a For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Reque ted".To receive a fee waiver for a duplicate return receipt,a USPS postmark,5n your Certified Mail receipt is required. a For an additional fee, delivery may,be restricted to the addressee or addressee's authorized agent.Advise tl a clerk or mark the mailpiece with the endorsement"Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix labeleith postage and mail. IMPORTANT:Save this receipt and present when-4naking an inquiry. PS Form 3800,February 2000(Reverse) 102595-00-M-1489 Town of Barnstable ,ads Regulatory Services • ` anxtvsTna[ , " Thomas F.Geiler,Director Mass. `bwreb p. o, Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 ORDER TO CEASE AND DESIST May 9,2001 Victor and Brenda Cillis (251 Main Street/Route 6A—> (West Barnstable,MA502668 Re: Dismantling stone walls Dear Dr.and Mrs.Cillis: It has recently come to the attention of this office that the walls that abut the Town cemetery are being scavenged for rocks to create a buffer line between the property that is on the other side of the common right of way. This must cease and desist immediately. As you are well aware,these walls are considered historic by the Old King's Highway Committee and the Historic Department of the Town of Barnstable. In any event,before any more work goes on with these walls you must,again to emphasize the point,obtain prior approval from the Old King's Highway Committee. If you should have any questions,feel free to call this office at 508-862-4038. Sincerely, Thomas Perry Local Inspector cc Pat Anderson,Director,Historic Preservation Old King's Highway Historic District Commission Certified Mail 7000 0520 0021 8281 3537 R.R.R. q010509a aU 5-/ 1740,6,� NUTTER, McCLENNEN & FISH, LLP 1MOMIT,77/E! ATTORNEYS AT LAW E ` �lw.�r �7��� 1513 IYANNOUGH ROAD-P.O.BOX 1630 �. _.-r* -_ HYANNIS,MASSACHUSETTS 02601-1630 J TELEPHONE: 508 790-5400 FACSIMILE: 508 771-8079 BOSTON OFFICE-ONE INTERNATIONAL PLACE DIRECT LINE PATRICK M.BUTLER voice: 508 790-5407 e-mail: pmb@nutter.com fax: 508 771-8079 July 10, 2001 #101900-1 Peter DiMatteo, Building Commissioner Town of Barnstable • 367 Main Street - Hyannis, MA 02601 Re: Tri/Cillis - Application for Indoor Riding Arena Dear Mr. DiMatteo: Just a brief note to thank you for taking the time to meet with me the other day to review the several cases which I presented. I appreciate your indicating that informal site plan review will be appropriate and we will utilize that approach on our projects within the Town of Barnstable. With reference to the Tri/Cillis matter, this correspondence will serve to confirm that we will await the filing by the applicants of a formal site plan application associated with the proposed indoor arena which has been referred to the Cape Cod Commission as a Development of Regional Impact. Accordingly, we will also defer any action before the Zoning Board of Appeals with reference to our appeal of the prior Building Commissioner's determination regarding agricultural use. I am forwarding a copy of this correspondence to Sheila Geiler, Clerk of the Zoning Board of Appeals for her information. I would request that Robin advise this office if and when a site plan application and/or DRI application is submitted by the applicants. With best regards, I am, Since 1 o s, /L Pat ck M. utler PMB:cam cc: Sheila Geiler, Clerk, Zoning Board of Appeals 1009092.1 l / / I' 1 M I tozE rolv4,90 Town of itarnstab1e • STABIE. • Office of Town Manager ,, s639• �0� 367 Main Street,Hyannis,Massachusetts 02601 rfD MAC (508)862-4610 Fax(508)790-6226 John C.Klimm,Town Manager Joellen J.Daley,Assistant Town Manager June 12, 2001 Margo Fenn,Executive Director Cape Cod Commission P.O. Box 226 Barnstable,MA 02630 Reference: DRI Referral— Cillis/Tri-2051 Main Street West Barnstable, Map 216, Parcel 076—Proposed indoor horse riding arena and stables. Dear Ms Fenn: The above referenced project is being referred to the Cape Cod Commission as a Development of Regional Impact (DRI) as defined by the Cape Cod Commission Act—Section 12, c (6). The proposal is to develop a 28,500+/-sq.ft.indoor horse riding arena and stables. The project was before the Old King's Highway Historic District Committee for a local permit on Wednesday,June 6, 2001. At that time the Committee found that the project triggers the requirements of Section 12, c(6) of the Cape Cod Commission Act as a mandatory referral in that it proposed the new construction of a private riding stable with a floor area of over 10,000 sq.ft. The Committee voted to refer the project to the Cape Cod Commission via the Town Manager's Office and suspended its hearing of the project. (Pe't bmi ed, Jo C. Klimm, Town Manager File.letters-2001-L0612ecc.doc Attachments: DRI Referral Form OKH Application Copy: Town Attorney's Office $uilding Commissioner Victor Cillis&Brenda Tri,Applicants OKH File 2001-102 Development of Regional Impact (DRI) Referral Form Please attach a copy of the original municipal development permit application or site plan review, subdivision, or other application showing the date on which it was received by the Municipal Agency. Receipt of this information via the U.S. Mail or delivered in person to the Cape Cod Commission constitutes a referral for purposes of Chapter 716 of the Acts of 1989. as amended. Referred by: Town and Agency Town of Barnstable - Office of the. Town Manager Official John C. Klimm, Town Manager xx Mandatory referral Discretionary referral Limited Discretionary referral (please see the back of this form) Project Name Cillis./Tri - Indoor Horse Riding Arena & Stables Project Proponent Name Victor Cillis & Brenda Tri Address 2051 Main Street West Barnstable, MA Telephone (508)362-1562 (508)331-7304 Brief description of the project including, where applicable, gross floor area, lots, units, acres and specific uses: • Development of approximately 28,500 square foot indoor horse riding arena and stables on. 7.36 acres. • • Project location: • • West Barnstable off Route 6A • List municipal agency(ies) before which a municipal development permit is pending: Old King's Highway Historic District Commission Building Division John C. Klimm, Town Manager Print Name of Authorized ' nature Date Referring Representative . Forward to: Cape Cod Commission 3225 Main Street Barnstable, Massachusetts 02630 c)ZO / ma- °� BARS CAPE COD COMMISSION b(Montiet,(66L____ 3225 MAIN STREET U 'C" P.O. BOX 226 BARNSTABLE, MA 02630 r©MMUZIElh) lllj1111,1�-,,,,,,;,,e,;llll5,,, (508)362-3828 CHU FAX(508)362-3136 UL 2 2001 All E-mail:frontdesk@capecodcommission.org �QP?r� Vt�n��„nA,,, HEARING NOTICE CAPE COD COMMISSION A hearing officer for the Cape Cod Commission will open a pro-forma hearing for procedural purposes on Friday,August 10,2001 at 10 a.m. at the Cape Cod Commission, 3225 Main Street, Barnstable, MA. The following Development of Regional Impact (DRI) has been referred to the Cape Cod Commission under Section 3 of the DRI Enabling Regulations. This notice is being published as required by Section 5 of the Cape Cod Commission Act. Project Name: Cillis/Tri—Indoor Horse Riding Arena& Stables Project Applicant: Victor Cillis& Brenda Tn Project Location: Off Route 6A, Bamstable, MA Project Description: Proposed development of approximately 28,500 sq. ft. indoor horse riding arena and stables on 7.36 acres. NOTE: The purpose of this hearing will be to open a DRI hearing for procedural purposes. No presentations will be made, no testimony will be taken and no substantive action will be taken regarding this project at this hearing. At a future date the hearing process will resume. Subsequent notice will be provided. ' The application,plans and relevant documents may be viewed at the Cape Cod Commission office at 3225 Main Street, Barnstable, MA 02630 between the hours of 8:30 a.m. and 4:30 p.m. to schedule an appointment. For further information please contact the Commission office at (508) 362-3828. 1 I '4 t [Chap. 40A.] ZONING. 40A:3. , ., "Zoning administrator", a person designated by the board of appeals 18 1 i t . ':. pursuant to section thirteen to assume certain duties of said board. 19 1j 1 ;1 I > " � 40A:2. Repealed, 1987, 685, Sec. 2. i, :din owner.ise in wable •= I,: f g { ` r 40A:3. Subjects which zoning may not regulate; exemptions; public hearings; { i - ; ublic hearings; , { *`� temporary manufactured home residences. ;1 review of spe- , s'f ' I I irding copies of v, Section 3. No zoning ordinance or by-law shall regulate or restrict the 1 1 ! decisions. .' I4tr use of materials, or methods of construction of structures regulated by 2 'Up; rules. { ointment; pow- - ;t the state building code, nor shall any such ordinance or by-law prohibit, 3 4 i; J A unreasonably regulate or require a special permit for the use of land for 4 1, 4 1 ice, 1' the primary moose of agriculture, horticulture, floriculture, or 5 , d authority; no- ;f`4 viticulture; norprohibit, or unreasonablyregulate, or require a special 6 1 peal hearings; '=, a q p ' ++4� permit for the use, expansion, or reconstruction of existing structures 7 �y permit grant t > thereon for the primary purpose of agriculture, horticulture, floriculture, 8 1, 'il'i f, leration; with- ' '' or viticulture, including those facilities for the sale of produce, and wine 9 ,1;ic• ' rm variance or and dairy products, provided that duringthe months of June, 1 t. July, Au- 10 ,n gust, and September of every year or during the harvest season of the 11 1, 4�`,I , t primary crop raised on land of the owner or lessee, the majority of such 12 ; ,1� ,P kr r �i; products for sale, based on either gross sales dollars or volume, have 13 '� , been produced by the owner or lessee of the land on which the facility is 14 li i.,; 1 `: "The 1 located, except that all such activities may be limited to parcels of more 15 ' 1 2 ,- itthan five acres in area not zoned for agriculture, horticulture, floriculture, 16 1t �� or viticulture. For such purposes, land divided by a public or private 17 i : I;I wayor a waterwayshall be construed as one parcel. No zoning ordi- 18 i, _ � � a ' � e the 1 '; nance or by-law shall exempt and or structures from flood plain or 19 �S , �: wetlands regulations established pursuant to general law For the pur- 20 I ; q f,s{ ;, 2 "° pose of this section, the term horticulture shall include the growing and 21 i �� ` AtY ninis- 3 • '• ,: ' keeping of nursery stock and the sale thereof. Said nursery stock shall 22 I 1 �;ifuel 4 , �. be considered to be produced by the owner or lessee of the land if it is 23 1,I �� ; , ;ht 5 , nourished, maintained and managed while on the premises. 24 f E �, _ ', t4 No zoning ordinance or by-law shall regulate or restrict the interior 25 Ii1'I ,,` 1 suob- 6li area of a single family residential building nor shall any such ordinance 26 '''h ,iJ, ; t g or by-law prohibit, regulate or restrict the use of land or structures for 27 !� II P1.a ? y for 8 religious purposes or for educational purposes on land owned or leased 28 .1 i (�I''', 9 1 4 3.- by the commonwealth or any of its agencies, subdivisions or bodies politic 29 I ii"r 'lect- 10 f or by a religious sect or denomination, or by a nonprofit educational cor- 30 stra- 11 4.;,6 ,, poration; provided, however, that such land or structures may be subject 31 3� ie of 12 to reasonable regulations concerning the bulk and height of structures 32 ' ` "' and determining 'a ` `' 13 yard sizes, lot area, setbacks, open space, parking and 33 ,, ' ,�, building coverage requirements. Lands or structures used, or to be used 34 1 , •egu- 14 ', ram= . by a public service corporation may be exempted in particular respects 35 1 a' e in- 'I5— � " � § . from the operation of a zoning ordinance or by-law if, upon petition of the 36 j t f , 'alth, 16 I, iL . corporation, the department of telecommunications and energy shall, af- 37 ! ;I , 17 h �1 , ter notice given pursuant to section eleven and public hearing in the town 38 1 ' I l i .11�`� 113 ii , .. I , JUL-15-99 18:41 FROM:PEPS AND HAZARD LLP ID:8176959255 PAGE 11/18 1176 Mass. 527 NORTH EASTERN REPORTER. 2d SEAMS property.1 The judge instructed the jury reseateuang the defendant as upon a vet otherwise without objection. The defend• diet of guilty of simple want=destruction ant dairas that as a result of the judge's of property ertoaeoua insttvetion he is entitled to a so oRD]rRED- new trial We disagree. Although the nudge's iastrurtion was er• tor, it vas not material to the defendant's a F tY}w.ranirt.l conviction. Indeed,is a acute the iostruo- • Ooa,was tone favorable to the defendant than the one to which he was entitled be- cause it required the Commonwealth to prove as additional element in order to 26 Mass.App.&t.970 convict the defendant of the offense. -r0M'tchelt 3TEEGE et al f (1.81 However, in a different respect the judge's charge did harm the defendant V. He instructed the fps that the Common- BOARD OF APPEALS OF wealth must ;tore beyond a reasonable STOW et eLs doubt that"the value of the property dam- No. 87-1259. • ' ape exceeded one hundred dollars' (en pha- - i sir supplied). This was error because ua Appeals Court of Maasach� :.1 der G.I..c 266,$ In(note 1.supra),it is Middlesex. r e value of the" if th p> rty^o destroyed or Argued June 8, 1988. injured"that must be found to exceed one hundred dollars,not the amount of damage >7eeided Sept 9, i9S8 to the property that must exceed one hun- dred dollars-1 Although the evidence in Property owners brought action 1 this me warranted a finding that the val• against towt board of appeals,town build. Ft • 'r ire of the property so destroyed or injured ing inspector and down,seeking declaration f was more than one hundred dollars, the that their use of their land was agricultural .! jury were not instructed on that point,and llllt the defendant wzs Teund gel, and seer and Land exempt idom local uity,ruled The Lead Court,Middlesex Countp,etched centred for ensuring wanton destruction to I . property of the value of more than one es at riding aof boarding was agriculture/ for hors hundred dollars. That was error. es nail riding academy was agricultural use so as to exempt property owners from pro- The judgment on the complaint that scriptions of town'a bylaw,and appeal was • r charged wanton destruction of property taken. The A �;, prop- valued at more than oneAppeals Court held that k..%:;Yj:: hundred dollars is erg'owners'purchase lad raising of hors. r:: •s g;, vacated, and i;he ca9e isjorernanded for es,stabling of horses,training through op- "'=-.' " •` t. 'Mc value of the ro d k`.r" ``'-': !�� Only affGCta the DOssible 1+ctite,fce 8 defendant 2. it judge 1R�•have been misled by property - . "• eoariesed of wanloa d instruction on wanton d.srttetinn of al z; q may*9TOPertY- Sec o�.c 2 werge/rloo etc injury of found in Model Suzy Iast:uei;ee s for Criminal +e' Sr. Pert,C.229. ti 127.as appearing in Oflmre t Tried to the Aisvlei Court; (1983).i : i 12,wbicb tinter is Teldvant That iasuzsetfea(5'.30)pro.4ded that the Cot, part that 1f such dettrt,aion or i jury is wan- . i' ton-ithe defenda..tl strai1 1.. t. r, rr�pnw•ca]tb the prove bet•Othd : reaserubie i ' n of liftern hundred fnli><,. rT''.F!'r^cl.;.M^a fl,e the value or the pro rl t• doubt .hat .., 1,Damage •eiut.,t:hr r:o;c::v co °-<tee,,ed.-4 'sj r;.t '••..r.«.l.. 3 !r..l.i•a�,,..".;..,q•h...i. 1.. .II> »hKbevet ;$greaccr, or by trr+prilnnmcnt!or 1.4:J) n rrotn,t ip,n ha.'MI.Psgd .v,sp.t- >; not milord than Iwo and one.half yearIi J tlx <S. See daa:svet;on 5�4 tt :crised y 19sg. i= Falco of the toyed Or injured is not all tO tiw oil w test thestmt. r stied o eiteeed One hundred col t- (CsiAcrine 1-2: punishment shalt be by a rile of twee time.the -i T value of the damage or injury so such property L The building inspector etStow and the rows i/ f• or by imprisonment for not:acre Thustwo and of stow. ,j oue.haif months.. I. 1. s {ir ' 1t 5 � JUL 15,'-99' 19:42 FROM:PEPE AND -HAZARD ,I-LP ID:61,769E9255 PAGE 12/19 1 <. STEEGE v- BOARD OF APPEALS OF STOW Mass- 1177 I ' , Cute as 527 NLE2d 1176(Maw.�yp cL 1988) ' ,(: t oration of riding school and participation in for giving riding Iessons; and for the rid- %` -: horse shows was "agricultural use" of ing use of owners of the boarded horses. ; 11 •}? property so as to exempt property from The premises have been licensed by the town's zoning bylaw. Commonwealth for the operation of a rid- `l i • Affirmed. ing school. On August 2, 1984, the build '; ;,.< ing inspector ordered the Steeges to"cease ` and desist immediately the riding school ,, rkfi Zoning and Planning 5 279 operation...." The order stated that its r . Property owners'purchase and raising enforcement would be "extended" if the of horses, stabling of horses, training of Steeges filed for a special permit with the o_ horses throughoperation of riding school board of appeals (board). On September i:e; and participation in horse shows was"agri- 13, 1984,the Steeges submitted an applies- i ,4,:• cultural use" of property so as to exempt tion for a special permit, under protest` x. property from prosdn iptions of town's zon- They claimed that the operation of a riding ` c , t ing bylaw. M.G.LA. c. 40A, § 3; c. SI.A, school on their property was an agri- 1 i.t '�`; §§ 1, 8; C. 128, § 1. cultural use and, therefore, I.• � re, exempt from , , See publication Words and Phrases the proscriptions of Stow's zoning by-law. r A for other judicial constructions and ' definitions Dee G.L.Gl c.40A, § 3. After a hearing the • board denied the Steeges'application for a I special permit: '•I t;i Paul Killeen, Waltham, for defendants. The Steeges then filed a complaint in the ... , ,John P. Zelonis, Jr., Boston, for plain- Land Court against the board,the building z I. i, tiffs. inspector,and the town seeking a declare- i , : Catherine Clement,Sp.Asst. Atty. Gen., tion that their use of their Iand was agri- { % i t I for Massachusetts Dept.of Food and Agri- cultural and exempt from Iocal regulation, a t culture, amicus curiae, submitted a brief. After the trial in the Land•Court, the judge filed a memorandum of decision that i '' S BI►9TT8 efore PERR�A, CUTTER and contained her findings and rulings. She �T ' ruled that"the uses made by the plaintiffs r RESCRIPT. of their land ... are so interrelated that 1 t they comprise agricultural use as defined 1 i This is an appeal from a-ruling of the is G.L.e.nee §§ 1 and 3,and G.L.c. 128, ". * 1 c Land Court that the operation of a board- § 1, and are therefore exempt from the lug stable for horses and a riding academy requirements of the Stow zoning by-law." .:,I`= is an agricultural use protected by G.L. c. The defendants have appealed from that 40A, § 3.4 The facts are not in dispute. decision. ? Mitchell and Katherine Steege are the General Laws e.40A,§ 3,as amended by ) owners of property in Stow which contains St. 1982,c. 40, provides in pertinent part; ' t in excess of five acres and is located in a "(Nlor shall any[zoning] ordinance or by- residential zone. For many years prior to Iaw prohibit, unreasonably regulate or re- August, 1984, when the Steeges first ace quire a special permit for the use of land a quired the land, the Iocus was part of a for the primary purpose of agriculture; i twenty-five acre farm which had been used horticulture, floriculture, or viticulture; as a home for ill and retired horses. From nor prohibit or unreasonably regulate the K ; the time they acquired the property, the expansion or reconstruction of existing ;! I Steeges have used the premises for the structures thereon for the primary purpose 'I• raising, training, and boarding of horses; of agriculture,horticulture, floriculture, or IT, 3. As an alternative ground for ordering the en- of that ruling has been made an issue on appeal 11 a7' of Judgment for the plaintiffs, the judge by the defendants. Because of our decision in i 1 , �.;-, ruled that the special permit had been construe.- favor of the plaintiffs in regard to the "agri- i „;`4 :'. " lively granted because the board of a 1' ,,Y•N,,e• :•. Pp�= cultural use"of their property,we do not reach ii ,. �';:<, failed to take final action within the time period that i mse i t. =��' mandated by C.L.c.44A,§ 9. The correctness i V JUL-15-99 19:43 FROM:PEPE AND HAZARD LLP ID:617995925E PACE 13/19 N w R •l', 1178 Mass. 527 NORTH EASTERN REPORTER, 2d SERIES i # $ viticulture ... except that all such activi- such animals in the regular course of busi- ties may be limited to parcels of more than ness; or when primarily and directly used five acres in areas not zoned for '' gricul- in a related manner which is incidental • tore, horticulture, floriculture, or viticul- thereto and represents a customary and . t ture"(emphasis supplied). The defendants necessary use in raising such animals and argue that the operation carried out by the preparing them or the products derived Steeges on the premises, which are located therefrom for market"(emphasis supplied). in a residential zone,is not agriculture,and General Laws c. 61A, § 3, inserted by St. is therefore subject to the zoning by-Iaw. 1973, c. 1118, § 1, reads: "Land not less ::'} The analysis used in Building Inspector than five acres in area shall be deemed to • of Mansfield v. Cumin, 22 Mass.App.Ct. be actively devoted to agricultural or 401, 494 N.E.2d 42 (i986), is also useful jahortieultural uses when the gross sales here. The term "agriculture" is not de- of agricultural,horticultural or agricultural fined in the statute. "When a statute does and horticultural products resulting from not define its words we give them their such uses ... total not less than five hun- usual and accepted meanings, as long as dred dollars per year." Here, there was these meanings are consistent with the evidence, and the judge specifically found, . statutory purpose. We derive the words' that the annual $500 minimum for sales .. usual and accepted meanings from sources had been exceeded by the Steeges. presumably known to the statute's en- [Tbei'e.was evidence that, as part of their • _ actors,.such as their use in other Iegal faun.-operation;' the Steeges purchased : contexts and dictionary definitions." Id. at young horses,raised-and then proceeded to 402, 494 N.E.2d 42 (citations omitted). Ia sell them. The 'saleability of a particular -1 ".I that regard,Webster's Third New Intl Die- horse depended on whether it could be rid- tionsry;(1971)at page 44 defines "agricul- den, particularly by young children. As 3 tore" as "the science or art of cultivating part of their training, the horses would be by s the soil, harvesting crops,and raising live riddenstudents in order that they might t'� . stock." ."Livestock,"in tarn, isdefined as become accustomed to handling by inexpe- "animals.of any load kept or raised for use rienced 'riders, The Steeges had sold an -. or pleasure." Id at 1324- average of ten horses a year in the past "We look also to the use and definition of few Years- ?' the word 'agriculture' in other legislation In view of the evidence and the expan- -, ft because 'Wound principles of statutory sive definitions of"agriculture"in the stet- ';. construction dictate that interpretation of sites, the judge ruled that "the plaintiffs' provisions having identical language be purchase and raising of horses, their eta- uniform Jf D DI Building Inspector of 'Mans` hung,training through the operation of the , x .I - field a Cs ruin, 22 Mass.App.Ct. at 403, riding school, and their participation in a t, f, 494 N.E.2d 42, quoting from Webster v horse shows are all part of the one whole ` Board of t.,la i Appeals of Reading, 349 Mass. and constitute agriculture as that phrase s z_Z.-:{ 17, 19, 206 N_E.2d 92 (1955).. See Coat- used in 40A, § 3." There was no error. Al E; rnonwealth v. Baker, 368 Mass.53, 69,330 The judge's interpretationgives } dg the word l N.E.2d 794 (1975). 2A Sands, Sutherland "agriculture"found in G.L.c.40A,§ 3,"itsStatutory ,;r I Construction § 51.02 (4th ed. plain and ordinary meaning and its consist- ar £_, 1984). General Laws c.61A, § 1, inserted ent and well-established ... definition in '1 .; by St.1973,c.1118,§ 1,which concerns the other statutory contexts....." Building i-;t ; assessment and taxation of agricultural I 71SP6CEOr of Mansfield v. Curtrin, 22 la l - and horticultural land, states that "[I]and Mass.App.Ct. at 404, 494 N.E.2d 42. a a ji• shall be deemed to be in agricultural use )-.f when primarilyandThe other issues raised by the defend- if fi' directly used in raising antR are without merit. I, animals,including, hut not.limited to, dairy j cattle, beef cattle, poultry, sheep, swine, JUDGMENT AFFIRMED >_7,;4# } horses, ponies, mutes, goats, bees and fur- _: t, bearing animals, for the purpose of sellinge t F rp o $lUr RUKERsmIK q I such animals or a product derived from T a . rl ix :1 • fat 114 Kass. 624 NORTH EASTERN REPORTER, 2d SERIESTOWN OF STURBRIDGE v. McDOWELL Mass, Q CnemL24 N.6]d ila Ma eJrpp.CL 199)) 11,) ct 3.Penalties,S=,3 ter the defendant refused to comply with N.E.2d 42. Sleeps,supra 26 Mass.App.CL 35 Mass.App.CY 924 Superior court has no authority to as• notices from the plaintiff's building inspee- at 971, 627 14.E.2d 1176. Livestock, in j irOWN OF STURBRIDGE sass fines in civil action. for in 1990 that the use of her land for this turn, is defined as "[doomestic animals, V. 4. Appeal and Error93 purpose constituted a violation of the suds as cattle or horses, raised for home town's zoning by-law and that she cease use or for profit, especially on a farm," Sandra J.B.McDOWELL, No appeal lies from denial of motion :operating her dog handling business on her American Heritage Dictionary 1053(1992). No. 92-P-681. for summary Judgment after trial on merits :.-Lana the town brought this action seeking We are also cognisant that at the time C.L. has been had. ea,:lnjanctive relief and the award of flees for c,40A, §3, was enacted, the Legislature• Appeals Court of Massachusetts, i i `a the enforcement of its zoning by-law. was aware of the provisions of G.L.c.61A, Worcester, § I,inserted by St.l973,c.1118, . 1,inlet- , se,Susanne R, Blatt, 'awn (cresol, for The Superior Court judge determined in m Argued Sept. 1?, 1993, that tho town was wrongin demandin t;to the assessment and taxation of agri- plaintiff. r g cultural land, which provided that 'Oland N Decided Nov. ]9, 1995• °i that the defendant cease all aspects of her shall be deemed to be in agricultural use in CDEdmond A, Neal, III, Southbridge, for near dog handling business. He ruled that the when primarily and directly rased in raising defendant breeding and raising of dogs owned by her ej co animals,including,but not li shee to,dairy Town brought action seeking injure• for sale and activities incidental thereto cattle, heel cattle, N tive relief against landowner utilising land Before BERRETTA, KASS and ..,.: so goats,a sheep,and fur- for breeding. raising, hoarding, showingPORADA,JJ. ; ,_': such as the boarding of breeding stock and horses,panics, mules, bees [ur tDg g : the grooming and training of the dogs held bearing animals,for the purpose of selling and selling dogs, an alleged violation of for sale were agricultural uses protected such animals ...; or when primarily and f7 town's coning ordinance. The Superior RESCRIPT. ' by G.L.e.40A,§ 3,but that the boarding, directly used in a related manner which i Court, Worcester County, ordered that The principal issue presented in this ap- -: grooming,and training of dogs not owned incidental thereto and represents a teatime owner could continue some activities but peal is whether the breeding and raising of ' by her or kept for breeding purposes were aryased necessary use in raising such was required to cease others, and town dogsfor sale is an agricultural pursuit ' not agricultural uses and, therefore,were animals...." While dogs are not speeifi- appealed. The Appeals Court held that. under Ca.c.40A, § 3•1 ie violation of the town's zoning by-law. tally enumerated in the dictionary defini breeding, raising, and training of dogs The ease was presented upon an agreed e As a result,he ordered that the defendant. lion of livestock or in this statute,they n,r which landowner owned was"agricultural" siatoment of facts to a Superior Court ,:` cease boarding,grooming or training dogs considered domestic animals,see Comtnon- D. pursuit for purpose of zoning ordinance, judge. We summarize them, The defer• on her property except those owned,kept, maelfh u Proctor,35a Maze.504,60eobOte, ,.1 hut that boarding,grooming, and training dent owns an eiglrtytw0 acre tract of land or used by her for breeding purposes or for 246 N.E.2d 464(1969).and are raised"for J of dogs not owned or kept as breeding in Sturbridge, which is located in a Rural p, } : sale,or those dogs that she may lawfully home use or for profit," We fail to cry o stock by landowner was not"agricultural." Realdential District=under the Sturbridge ;a ei„. keep as Pete without obtaining a kennel how the raising and training of dogs for reAffirmed. zoning by-law and on which she conducts a e license?' Prom This judgment, the town sale is distinguishable from the raising and • N dog handling business, The defendant's - - appeals. We affirm. training of other domestic animals such as Qx business consists of breeding, raising, II,21 Since the enactment of G.L. c siegoponies or horses which we concluded in 1.Zoning and Planning t>27) boarding, showing, and selling both her 40A, §3, Inserted by St1975,c, 808, §3. Conse aeritly w d to n lu de that the re d- Breeding,raising,and training of dogs own And clients'dogs. All of these active see have loon"agriculture"as used there- Consoquer,t(a we conclude that the breed - Breeding,owned by landowner was "agricultural" g gtMg,he raising,and training of dogs owned by 4 pursuit for purpose of coning ordinance. ties are conducted en fife tract of land, In an expansive construction. See Build- the defendant on the land is an agricultural H.G.L.A. C. 40A, $ 3. evnrpt for the showing of dogs. Before • frig Impeder of Mansfield v. Cufvtit 22 pursuit under G.L. c. 40A, §2. We also la beginning her business,the defendant ob. MAss.App.Ct.401, 402-404, 494 N.f.2d 42 agree with the judge that the boarding, 0. See publicatIon Words and Phrases twined a kennel license from the town for 1 le for other (iodic-Mt constructions and (986) (the maintenance of a piggery grooming,and training of dogs not owned D. definitions- ten doge or less. The license expired on deemed agricultural use under G.L.c.40A, or kept as breeding stock by the defendant Marcha/01,1990,and the town refused to § 3), Steege t. Beaked ojAprpeals cfStow, are not agricultural uses, because these teE 2.Zoning and Planning e=.279 renew it. During the operation of her busi- ',."e: 26 Mass.App.Ct. 970,371-972,527 N.E.2d activities are not an integral part of the Boarding, grooming, and training of ness,the defendant had housed as many as 1146 (1988) (the operation of a boarding breeding or raising of dogs. Cf.Sleeps,to dogs not owned or kept as breeding stock forty dogs in kennels maintained by her on e eaa stable for horses and a riding academy supra 26 Mass•App.Ct. at 970, 972, 521 by landowner were not"agricultural"uses the premises. During 1990,the defendant deemed an agricultural use protected by N.E,2d I17& c of land within meaning of zoning ord[• maintained an average of fifteen dogs on _ ' C.L. c. 40A, § 3). in doing so, we have In doing so we are not unmindful that ii canoe. M,G.L.A. c. 40A, 3 3. her property, nine of which she owns. Af- relied upon both dictionary and statutory the Supreme Judicial Court has held that e. definitions of agriculture. Curvier, supradog 1. General Laws e. 40A, §3,as appearing In 2, WhIle the judge did not so slats 1n his And- P the maintenance of a kennel is not St.t952,a 40,provides.In pertinent pan:"(Nor) legs,the parties agreed that a"[alarm[,)inelud, - :'22 Masa,App-Ct.at 403-404,49J4 N.E.2d 42. farming or agriculture,Hume v.Braiding 00) shall any(zoning]ordinance or by-law prohibit, ing agricuirureb)...provided liras the lot is not -$liege„supra 26 Mass.App.Ct.at 971-972, Inspector of Westforgl,35t,Mass.17e,182, unreasonably regulate or require a special per- less than eve[5)acres,"is a perminrd use in a ;s:627 N.E.2d 1176. These definitions of agrl• 243 N.E.2d 189(1969),and the maintenance role for the use of land for the primary purpose Rural Resldenteal Dialect of agticuhurc...." -?_=;culture embrace the raising of livestock, of a greyhound raising stable is not a farm, ILa _ ne arvin,supra 22 Mass•App.Ct.at 40"a,494 ,bieduszewski v. Saugus, 337 Mass. 140, J 0 JUL-15-99 19:45 FROM:PEPE AND HAZARD LLP ID:6176959255 PAGE 15/18 e aktYsJr F .. 116 Mass. 624 NORTH £ASPERti REPORTER,2d SERIES WYLER v. BONNELL M( 14: 144,14S N.E7d 555(1955). We do not sewed cemmon law damages awarded on Les l • ' ca,.e ze axed tie muse u ms r 120,aeg 180 judgment for the Nee tldnk these cg$eg couttviling because they related claims by another judge for per. • customer of$I20,418J were decided before the enactment of G.L. poses of assessing ds,oages under the Act, his fa c. 40A, § 3, and were limited to the con- Rvehicl: struction of `Yarn" or "farming" as set accordingly. 111 hat we are to decide is whether,if $5022 Ordered forth in the level zoning by-law in quest»n. G-L. a 93A damages are to be asscsaed �naf 13.41 There is no merit in the Judgment e�644 after y1IIg common Brent judge would Plaintiffs 1. [etd goneJudgment a different judgC other claims that the judge erred in failing Judge who heard claim under Constar- who fears the related 93A claim is bound mustto assess fines against the defendant for er Protection Act was not bound by panel- by principles of issue preclusion to accept wed the proscribed activities and the judge pies of issue preclusion to accept previous- 1.. the previously assessed cornmou law dam- tilled should have granted it summary judgment Iy asses.?ed common-law damages awarded F il,,e,; ages for purposes of assessing the 9SA The Superior Court has no authority to by judge damn + PuB on related claims arzot`rer for pur- :t, : gars To illustrate with actual awn- eaJa IN assess fines in a civil action.Barlingtoaa pow of assessing damages under the Act be if a jury returns a verdict of$45,000 that's, •$aaad ee Grovel,Inc.v.Harvard,31 Mass. M.G.I•.A c.93A, 4 1 et �y$s:`'.'. for abuse of ropes App.Ct. 261, 264, 576 N.E.7d 707 (1991), process, is that the number de_Mr_ It ' �''�- that the 93A judge is bound to double if be Mr-Wl and no appeal :;:: lies from the denial of a 2. Consumer Protection Q=+36.1 finds that the defendant acted unfairly and his ins motion for summary judgment after a trial Judgment 4.64a wilfully,even though the ug judge's indcpen• trouble on the merits, Sulii'aors v. Terse Mass , ; ;; dent findm is k szatteiol C Trial e`e7s( ) g that the damages are about 1 peps, 40S Mass- 78`S,794-791, r $7,500? The answer is"no"and our hold clency 569 N.E.241$14 (1991). Judge sitting independently on Con- ;y ,',,... t'- tug will require a reduction in the amount but Bet sumer Protection Act claim may arrive at 1 i judgment. over th iuclperrent affirmed of the c. 93A ud findings different from those of jury sit- ' toward: ma sing on related comon-law claims, even We have the benefit of careful flings unmitsg o stnwumaesrsteM though there is evidence which,if believed, ;x�, , from the judge on the 93A case, and we be said would support jury award- M.G.L.A. c. '°': rel• en them to set the factual context_ Wy lee 1. 93A, § 1 et see- ' Geoffrey D.Wyler,a lawyer.owned a 19Ri seas. t ', Ford Tempo automobile which he had put- On M S. Consumer Protection�l0 k, chased from Bonnell Motors,Inc.()Smell). agent n 35 Mass.App•Ct.563 1100Geoffrey D-WYLER. Second. Damages of$7,500 awarded on Con J and which he regularly took t9 Bonnell for by Mr. sumer Protection Act claim were,subsumed servicing. On April I7,1485,after disoov- 4425.95. v. by 445,000 in damages already recovered �`'' Bring that the rear window of Lis car had Sell ace BONNELL MOTORS, INC, under parallel common-law claim; however, been shattered in an act of vandalism,Lfr, Either c when doubled to$15,000 because defendant "' Wyler asked his son,Geoffrey 1).Wyler,II Mr.Wyi No.92-P-932. acted willfully,punitive component of that Appeals Court of Maeeaehusetts, figure.$7,504,was not subsumed in recev. (Geoffrey), to take the car to Bonnell for cif.> c f repairand 0 rent a car from Bonnell to y Middlesex. ery under the parallel common-law claim, • tide them over until the Tempowas fixed his son and plaintiff was entitled to recover that ' (the repair was to take a day Geoffrey, nell to Argued Sept.27, 1992. amount. M.G.L.A. c. 93A, § 1 et seq. t:• a', who was eighteenTempo t Decided Dec 1, 1993, o at the time, signed a repair authorisation on which was pmtni- that had Further Appellate Review a a: nently printed: `"l.'ER.MS: CASH OR 1GA• "twangs Denied Feb. 1, 1c94 Peter T. Wechsler, Boston, for de_en• JOR CREDIT CARD." In connection with Now Sc dent the car rental,Geoffrey left an imprint of orverine Andrew M.flscher,Boston,for plaintiff. ti his mother's credit card on a blank charge ed argu: Appeal was taken from judgment of 0_, slip(signed by Geoffrey, according to his the seer the Superior Court,Middlesex County,Jo- Before PERR,ETTA, KASS and teatimonyi, seph S.Mitchell,Jr.arxd James F.McHugh, ?OR.ADA,JJ. !, The• 8endmg JJ„entered in action for abuse of praxes second mai jade*aptly remarked that be 3, Mr,we t; Was evMeraplating- jff a care study fa how to pea knewlec and violation of Consumer Protection Act. late s minor difference 'rat, a major battle." lower p, The Appeals Court, Kass, J., held that `G`S•Justice. �,mpsrc D,y ,,American yK lru Co. work<< bur- judge who heard claim under Consumer There must be a cautionary tale to spin - 389 Mass 85.449 N,62d 1189(1963), had Protection Act was not bound by principles when, as here, a difference of op:mien :• a 7t.;,,is a r circurmsanee and,as we shall $Res 56, 425.95 of issue preclusion to accept previously as- about an automobile repair bill of$50285 have otcl'.ion in observe,an undesirable env. tr. o.• ••+v •••ILYV1A.ltrJ LAWS OF .141ASSACH Y US §` 2 § 2A t�GRiGUt:CUXI: `. lr•ai m and purpose, shall hold a public hearing relative to such rules. (1852,142, §3; GS 16, §$; p$ 20, §(�; 1891, 412 requirement that the commissioner give notice and hold public hearings prior to 192, 428; 1910, 427; 19 § 11; RL 89, §§6, 11 establishing any rules or regulations for the expenditure of monies incompliance with l2, 411; 1913, 319, 590; 19I4, 267, 298; 1917� - the section,and also made certain,corrective changes. ni 74, §2; 85; 1918, 241; I919, 350, $§34, 38; 1921, 206; 1933, 291, §1; • 1937 4)5, § 1; 1938, 230; 194I, 49t7 , Cross References-- rt a ,1957, 428; 1962, 558; 1965, 619; 1968, 628, § 1; 1969, 807, §2; 1971, As to organization of the department,see ALM GL c 20 and the notes thereto. 650; 1971, 987, §2; 1973, 846; 1973, 1066; 1981 351, Code of Massachusetts 12eguiationa- 1981, 558, §§6, 7; 1985, 580, §§7, 8; 1986 277 �§ 2, approved 6 j61y'16, 1986, effective' 90 days thereafter; 1986, 5S7 Food and agriculture fairs,330 CMR 7.01 et seq. with emergency preamble, December 8, 1986.) § 119, approved Prevention, suppression and extirpation of equine infectious anemia in horses, 330 CMR 16.03. Editorial Note.. Massachusetts greyhound breeding program,330 CMR 24.00 et seq. The 1956 amendment in paragraph(f),added one new sentence at the end. in The 1967 amendment in paragraph (d) made it applicable to flowers and other Annotattons- m horticultural products. PP Judicial review of administrative ruling allecling conduct or outcome of publicly N The 1962 amendment inparagraph regulated horse,dog,or motor vehicle race.36 ALR4th 1169. (0,added l breeding ponies to the prize exhibits.Le The 196$amendment added a new paragraph at the end of the section to authorize :( ;_'; CASE NOTES CO the establishment of rules for the expenditure of certain funds .; , Ul e- The 1968 amendment added toparagraphExpense may not be incurred by send- moth in Europe.2 Op AG 1113. (r anew sentence referring W the ing agent to another State for purpose of Foal dropped in Massachusetts but not offering of prizes for,and in aid of,agriculturally related youth programs. e .= fD The 1969 amendment added paragraph investigating question of existence of conceived herein is eligible for prize m p g p (g)' ": .. gypsy moth in that state.1 Op AG 3A2. awarded by Department of Agriculture .. The first 1971 amendment rewrote paragraph (c) to include provision for the <, > Expense may not be incurred by send establishment of a foreign trade section in the division of markets. ing agent to Europe for purpose of inves- to person owning horse at time it quell The second 1971 amendment added paragraph(h)relative to an allotment to fairs firs for such prize. 1970-1')71 Op AG 6. ligating question of existence of gypsy which do not conduct horse or dog raring meetings. The first 1973 amendment rewrote the first sentence of paragraph (g)to make it _ w apply specificafty to s utuel thoroughbred horse races and to change the owner's M prize amount from 5 percent of the prize awarded the horse to 25 Zti• Horse Riding Instructors to Be Licensed; Fees,etc. a. breeder's prize. percent of the :_ .' J The second k973 amendment rewrote No person shall hold himself out to be a horse riding instructor fo, paragraph (h) to change a hire without being licensed for such purpose by the commissioner m against allotting money to fairs which conduct horse or dog rating meetings to . ' Application for a license under this section may l e filed with the a prohibition against fairs to which money has been allotted spending any portion of the N allotmelt on such a meeting. commissioner and shall contain such information as he shall prescribe a The first 1981 amendment by ' Every such application shall be accompanied by a registration fee o f 2be es the subject Act, revised paragraph(c) sr �.. ten dollars, which shall in no event be refunded. If an application is T that a foreign trade section would be established in the division f development"instead of the division of'markets",and ex o "agricultural ;,,.. approved by the commissioner, the applicant upon the payment of as Z a foreign trade section to include "aquacultural, floricultural andhhorticmanalturalate frnnh ' additional fee of fifteen dollars shall be granted a license, which shal er modifies"in addition to agricultural commodities, and,b sentence of the last by §265 of said Act,in the titer ''''F`> expire on March thirty-first following the date of issue, unless soone Wparagraph, deleted "of paragraph (1) and f" tt appropriated to carry out the provisions". O, after "sums revoked. The annual fee for renewal thereafter shall be fifteet W The second 1981 amendment rewrote paragraph (g) bg ":` dollars• a guidelines for the promotion of the breeding of thoroughbred horsesnthrough othe _'"` Every person licensed as aforesaid shall endorse his usual signatur Massachusetts Thoroughbred Breeding Program,and said amendment also purports to - .<y ; - on the margin of the license in the space provided for such purpos O amend the last sentence of the section; however, in the opinion of the editor, said a amendment actually rewrote the first sentence of the last paragraph. u. ,... immediately upon the receipt of said license,and such license shall no n The 1985 amendment, in part (hi)of the first paragraph of subsection p x : be valid until so endorsed, In case of loss, mutilation, or destruction (gr after ' "prize equal to", replaced "five" wilt, "twenty", and added the second paragraph of of a license, the commissioner shall issue a duplicate upon propc subsection(g). m The first 1986 amendment added proof thereof and payment of a fee of two dollars. paragraph r),encompassing four paragraphs. The commissioner shall make rules and regulations governing th The second 1986 amendment rewrote this section adding to the last cn g paragraph a issuance and revocation of said license, and shall establish the mini t 208 m _ a:: 249 a :f 'h v. a&.v cipiwkfitA1'CD LAWS OF MASSACHUSETTS co 2A § 4 mum qualifications for the issuance thereof. If the qualifications of an The commissioner is hereby authorized to make such tests of m applicant meet or exceed the minimum qualifications established by saliva, blood and urine of any animal entered into a pulling contest as the commissioner he shall be issued such license. (1972, 527.) he may deem necessary. If a drug is found in the chemical analysis of al Cross References— said saliva,blood or urine, it shall be prima facie evidence that a drug 4 As to licensing of pet shops,see ALM GL c 129 3 39A, a. has been administered. Code of Massachusetts Regulations— The owner of any animal which has been tested and in which a Horse riding instructors,330 CMR 16.01. drug has been found, his representative, and any animals owned by or leased to such person shall be ineligible to participate in or receive premiums offered at any agricultural fair or any pulling contest in § 2B. Operation of Riding Schools and of Certain Stables the commonwealth pending an investigation, finding, and order of the Licensed and Regulated. commissioner. Every person engaged in the business of operating a ridingschool The commissioner may make rules and regulations necessary to u carry out the provisions of this section. (1974,204; 1978, 44.) or a stable where horses are kept for hire, shall obtain a license al therefor from the commissioner, the fee for which shall be fifty Editorial Ptote— uu, dollars, and such license shall expire on March thirty-first following The 1978 amendment rewrote the second paragraph to permit blood tests for in the date of issuance, unless sooner revoked. The commissioner, ., drugs, N subject to the approval of the governor may make rules and re ula Cross References— tions governing the issuance and revocation of SUCK llCenSes and the As to special police officers for prevention of cruelty to animals,see ALM GL c 147 o conducting of the businesses so licensed and relative to the mainte — nance of the premises, buildings and conveyances, the health of the 410. As to&tiling,maiming,or poisoning of horses,see ALM Cl.c 266 112: horses or other equine animals, and the method and time of inspec- tion and checking of said animals, Whoever violates any provision of this section or of any rule or regulation made thereunder shall be § 3. May Collect and Publish Information on Available Lands, punished for a first offence by a fine of not more than one hundred dollars and for any subsequent offence by a fine of not more than five The department may collect all necessary information in regard to a. hundred dollars, or by imprisonment for not more than two and one the opportunities for developing agricultural resources through the Q half years, or both. (1972, 17, §2; 1973, 43, §2.) reoccupancy of idle or partly improved farms and farm land, and 4 Editorial Note may cause the facts so obtained, and a statement of the advantages offered, to be circulated where and how it deems for the best interest N The 1993 amendment changed references to the director to references to the 7. of the commonwealth. (1909, 212, § 1; 1919, 350, §34.) 4 commissioner. x O Code of Massachusetts Regulations— § 4. Trust Funds. q Horseriding school operators,330 CMR 16:02. w A The department may take, and hold in trust, funds collected a pursuant to marketing orders or agreements as set forth in sections Lau, 2C. Agricultural Fairs; Administration of Drugs to Animals one hundred and two through one hundred and fifteen of this Participating in Contests. chapter, •and gifts •and bequests to it for promoting agricultural ct• No •person shall administer or cause to be administered an dru education or the general interests of husbandry. (1852, 142, § 3; GS El. internally or externally by injection, drench or otherwise, to any 16, §5; PS 20, §6; RL 89, §6; 1918, 268, §1; 1919, 350, §34; 1983, co animal for the purpose of retarding, stimulating or in any other Editorial§ 1.) :. manner affecting the performance of such animal in or in connection m with a contest conducted under the provisions of. paragraph (f) of ' ' Note— co two. The 1983 amendment inserted funds collected pursuant to marketing orders or ,4:-: agreements as set forth in sections one. hundred and two through one hundred and c fifteen of this chapter,and"following"hold in trust". co to 210 211 .- a h IL co Research References- 7 Mass Jur,Property p'19:27. in TITLE XLY = • 22 Massachusetts Jurisprudence,Environmental Law§ l 1:75. AGRICULTURE AND CONSERVATION tasE NOTES landowner's proposed use of 5-acre portion tura]use of land and therefore was subject to q -----til •`_> of 39.tere parcel to excavate. and remove zoning bye-law prohibiting commercial earth [L 300,000 to 400,000 cubic yards of gravel so as removal.Hcnry v Board of Appeals(1994)418 CI-IAPTER 128 to allow for access to "Christmas tree faun was no[nteidcnial to agricultural or bortieul- lass 841,541 NL?2d'sat ,Agriculture s,,] - s DEPARTMENT I'AND COMMISSIONER New Sections Added - § 2. Certain Powers and Duties Defined. art.• The department through its proper divisions shall have power to-- 2D.Sponsors of, and Liability in Connection With, Equine Activities, Re- [No change through Subsection (f),] quired Warnings; Definitions. '' (g) Promote, develop and encourage through the Massachusetts Thor- ,,!• co ot 2E. Limitation of'Liability of "Pick-Your-Own" Farming Operations and commonwealth ehbred lthcby olfferingncasheprizesbreeding t gbr'eeders of thoroughbred lsuch horses in the win Their Personnel; Posting of Warning Notice, following manner,the Massachusetts Thoroughbred Breeders Association, 3811. Massachusetts State Exposition Building Maintenance Fun. I: Inc. shall from time•to time in consultation with the chairman of the rac- _;;; ing commission and the program manager for the equine division in the W department of agriculture set the percentages for bonuses to be awarded ia DEFINITIONS to the breeder of a Massachusetts bred thoroughbred horse, of the purse o monies won by said thoroughbred horse in any pari-mutuel running horse 1. Definitions. race if said horse finishes first,second or third; the percentage for a cash research References— prize to the owner of the stallion,at the time of service to the dam of such ti arassch ur, Property 2;7. pulse winner; provided, however, that (i) the stallion stood the breeding season of February through.June in the commonwealth, (a the horse Finishes lust, second or third, and (iii) said stallion is registered with the a 3 IA. Farsning and Agriculture Defined. '' "Farman department of food and agriculture; the percentage for a cash prize for g" or "agriculture_ shall include farmingin all of its branches the purse monies won by said thoroughbred horse in any unrestricted nd the cultivation and tillage of the soil, dairying, the production, cultiva- pari mutuel running horse race to the owner of a Massachusetts bred • Nca on, growing and harvesting of any agricultural, aquacultural, floricultural ,'horticultural commodities, the growing and harvesting of forest products horse if said horse finishes first, secants, or third. nc. is finther <lion forest. land, the raising of livestock including horses, the keeping of authorized to ayThe e cash ptts urses forstedakeBs races ters o be limited to Massachu- orses as a commercial enterprise, the keeping and raising of poultry,-} },swine; setts bred thoroughbred race horses from the Massachusetts—thorough-0 attic- and other domesticated animals used for food purposes, bees, alit_ • bred breeding program at licensed pari-mutuel race meetings authorized q 'axing animals,and any forestry or lumbering operations, performed by a by or non-bettn w rmer, who is hereby defined as one engaged in agriculture or farming races andtmaycor maynot bet scheduled races b. Such races inayy theelicensee conducting [L -rein defined, or on a farm as an incident to or in conjunction with such the racing meeting. Purse monies paid by the association under this sec- - g is I ming operations,including preparations for market,delivery to storage or Lion may be in such amounts as the association shall determine s market or to carriers for transportation to market, a and may Ea ;tor_ he the sole cash purse for such races or may be supplemental to the cash } purses established by the licensee; provided, however, that no person, U.amended by t989,225,approved July 11, 1989,effective 90 clays thereafter; 1995,4F,§ 14'_>, m partnership, w corporation or group of persons may recei��e more than five et ved June 21, 1995,effective July 1, I993, thousand dollars as a cash prize breeder's award from the association for ED Tonal Note— an individual horse race within the commonwealth. For the purposes of -Pre 1939 amendment, in the first sentence, following "livestock'', inserted "in l«di,t g this section a horse race shall mean a thoroughbred race of any kind held 1. scs'. W he 1995 amendment rewrote this section, adding harvesting of aquac«lu,ral commodities Within the commonwealth except at fairs. co the keeping of horses as a commercial enterprise. • No person shall be eligible for the prices provided herein unless the N "° following standards are mete , For later statutes and case citations,see Quarterly Update Pamphlets. 45 - a - •'For latest statutes and case citations,call 1-800.446-3410.- 7 2 Application to 20 o ID lb lion g'5 bgbioap Regional )ifitoric J i tritt Committee In the Town of Barnstable ,1 CERTIFICATE OF APPROPRIATENESS , Application is hereby made, with four complete sets, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings, or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior building construction: 71 New ❑ Addition ❑. Alteration Indicate type of building: 0 House 0 Garage Commercial 0 Other 2. Exterior Painting: 0 3. Signs or Billboards: ,1 New Sign 0 Existing Sign 0 Repainting Existing Sign 4. Structure: Fence ❑ Wall ❑ Flagpole ❑ Other TYPE OR PRINT LEGIBLY: DATE 5-1 -D / ADDRESS OF PROPOSED WORK c265'/ /7z,,--, f ASSESSOR'S MAP NO. c2l6 OWNER U. c.4- e,-/ r/ z ,,./_ �,' ASSESSOR'S LOT NO. � � HOME ADDRESS oVe)/ /17G.:, ST` A.'• a.-?„s/46G._ TELEPHONE NO(. a')3G2-/6-6Z FULL NAMES AND ADDRESSES OF ABUTTING OWNERS, includingthose of propertyy ow 3�� adjacent rr�rs across any public street or way. (Attach additional sheet if necessary.) / mob. -,,a.•, ii '4.l- 5r /,J- 4..,.i IzSG.> OT fCf l' 7/ h/- sf Ai- eoe,.rLSL. !'(' _ RI /32 1.2/ Gb?g" M-/.-.,%s 2A-'3' 1Y c Z/6o1-7 AGENT OR CONTRACTOR 4�e.4-•,,-..'rI e .s A.,/'Q, TELEPHONE NO. SCP' Sac /73 ADDRESS • DESCRIPTION OF PROPOSED WORK: Give particulars of work to be done, including materials to be used. Please include locations of proposed signs. �! , n. �•fs• Signed brwC� Owner-Contractor-Agent For Committee Use Only Vg.g— Certificate is herebyDate161] Approved/Denied MAY 0 4 2001 mittee Members' Signatures: TOWN OF BARNS-ABLE 01 n KIN G'S HIGHWAY 2001 • 102 �' ., 3 own B Old Kingof 's Highway Historic District Committee SPEC SHEET FOUNDATION - ,D CRAG/ & Ze7. �� r 4 "fir r! ,it / SIDING TYPE c IG,,.fh,J 1. `r ` roomy' COLOR %,K/ Pg.' CHIMNEY TYPE /v/ COLOR ROOF MATERIAL 4/,e_a_J J/J z..„ COLOR — S/( /J-a.'c/lec o/4::6 PITCH WINDOWS /4 ole-'ro''^-- COLOR ✓'h. /c- SIZE ,y j.v:4 /1'".7" 3C. ke/6 TRIM COLOR /.. l'4 DOORS 7??%.:A- /J d/ j - /rlG (7v,,,.s COLORS (,-)t.. .(i._ Da Ut lit.t p:o.- SHUTTERS -- AJ/".1 COLORS GUTTERS M14,; -4--"" 4 (([,_,_, d.-, COLORS k..)/ DECKS 14- MATERIALS \gl'C. :'' V r GARAGE DOORS W COLORS '� \ �` �S.`PBLG 1. r:c' t���N��`l `0�;1\1 . SKYLIGHTS �/j )✓)— SIZE COLORS \ 0 1'" "; SIGNS LS COLORS el✓.w/ ,A,r L t . 5...,,,,..— FENCE Zt)Z .. COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Four copies of this form are required for submittal of an application, along with Four copies of the plot plan, landscape plan and elevation plans, when applicable. SPECSHT Revised 11/98 Town of Barnstable Memorandum Planning Division 230 South Street,Hyannis,Massachusetts 02601 Date: June 06, (508)862-4685 Fax(508) 862-4725 2001 To: Old King's Highway Historic District Committee Members From: Arthur P. Traczyk, Principal Planner Current Planning Reference: Application No. 2001-102 — Cillis/Tri, 2051 Main Street West Barnstable, Map 216, Parcel 076 —Proposed indoor horse riding arena and stables. It has come to my attention that the above reference project before the Committee proposes to develop 28,500+/- sq.ft. of building. That area of building constitutes a Development of Regional Impact (DRI) as defined by the Cape Cod Commission Act — Section 12, c (6). Under the Cape Cod Commission Act, the Old King's Highway Historic District Committee permits are considered local permits. The Committee is required to transmit the project, via the Town Manager's Office, to the Commission as a mandatory referral. The Committee should open the hearing, make a finding that the project as presented triggers the requirement of Section 12, c (6) of the Cape Cod Commission Act in that it proposes new construction of a private riding stable with a floor area of over 10,000 sq.ft. and that as proposed, it constitutes a mandatory referral to the Commission. A motion should be made, seconded and a vote taken to refer the project to the Commission via the Town Manager's Office. Under the Cape Cod Commission Act, the Committee must suspend its hearing of the project. The Act provides for the extension of the required time limitation under which the Old King's Highway Historic District Committee must act. C: Town Attorney's Office Building Commissicner Attorney,Patrick Butler Victor Cillis&Brenda Tri,Applicants File:zba-letters-2001-L-06067-okh.doc , • TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 6-4- C' °C Map 2/(o Parcel F Permit# (2 y Health Division A6 l -7 Date Issued //e2 2-00( Conservation Division / S, / (22 O/ Fee 456. 'v Zaa Tax Collector • � ii C� / I I SEPTIC SYSTEM MUST SE Treasurer -c ,� c �� �� L�o:j INSTALLED IN COMPLIANCE Planning Dept. WITH TITLE 5 ENVIRONMENTAL CODE AND Date Definitive Plan Approved by Planning Board 4/ TOWN REGULATIONS Historic-OKH Preservation/Hyannis Project Street Address '2- o0$ R o ) r Village KNST-A C___CA.)-€.5-1-8L4 134-4-0,N—r- ) Owner Vickie,- 4 Z of vD ClLc-.¢s Address 2.o5.. . ,ei 6 4 `Br-r.,us748t£ Telephone --5-1-7 6 - 3,a - f -c Permit Request sN aFF f}-SCi° >1 q- ,S/-cr- J e- v earls # pL y >2o0NV 4a,Z otiC a►414,rporr, (IV® a wje br ) BASE Ewr -> Square feet: 1st floor: existing /Bay proposed /&)y 2nd floor: existing NI* proposed Total new Valuation ' AP*. ow Zoning District R i Flood Plain C Groundwater Overlay Construction Type WopP Pi-a i„t Lot Size 1- t A-GZ ' Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family X Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 121 No On Old King's Highway: IrYes D No Basement Type: CieFull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing 3 new / Half: existing 0 new 0 Number of Bedrooms: existing g/ new I' s��`10 Total Room Count(not including baths): existing 9 new /C First Floor Room Count /Heat Type and Fuel: O Gas SOil ❑ Electric ❑Other NEW h n&" -4C6 — G 4-s Central Air: ❑Yes L'No Fireplaces: Existing 2- New , Existing wood!coal stove: ❑Yes ❑ No Detached garage:m existing ❑new size Pool: existing O new size Barn:.'existing ❑new size Attached garage:%existing ❑new size Shed:;4existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No •If yes,site plan review# Current Use a-s De'--A/774z_ Proposed Use REST D T/4e-- I Joi : 3&ii t s r � Cc;..°Ley 5-o -5d q ' i 73 BUILDER INFORMATIdN Name 6/2E65 C 4-ULC1 Telephone Number ��'7?S - Address c> �c £c V 6 // License# P'C/3 1 yo �c S xe4-- 0026 0 / Home Improvement Contractor# f O '3 FS" J I f6-00 //us cL,P' Worker's Compensation#IOC _3 "r)v2 F75o0_ ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �:F SIGNATURE DATE c��-- ©/ FOR OFFICIAL USE ONLY - •PERMIT NO. • DATE ISSUED • t MAP/PARCEL NO. ,. r , ADDRESS, VILLAGE • OWNER `� • DATE OF INSPECTIO _ • c FOUNDATION . FRAME ` / ,.. I ' . INSULATION .., . FIREPLACE iai,00, ' ELECI•RICAL: ROUGH FINAL , PLUMBING: ROUGH '4 m. a' FINAL ' GAS: ROUGH' .. " r+ '. FINAL •r. S.1 T'.- iY5 p`. \. FINAL BUILDING - -a 1.,. 'r^.-Nt , a , DATE CLOSED OUT . - . t ,.- *" . • ASSOCIATION PLAN NO.f• , c.- l > rrsr,+si.e. = The Town of arnstab1e ‘:659. Regulatory Services ►r+o' Thomas F. Geiler, Director • Building Division • Elbert Ulshoeffer, Building Commissioner 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation;repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: �-,�,,t or A. `' -jam Estimated Cost$ G O Address of Work: 970 5J dyj 47 Al S - � ""'R Owner's Name: Victor- ?- 2«4 4- C/(�,J Date of Application: 'J4-AL 0�3 J I hereby certify that: Registration is not required for the following reason(s): ['Work excluded by law ['Job Under$1,000 ['Building not owner-occupied ['Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: 42://( 42_4 —0 ate Contractor Name Registration No. OR Date Owner's Name q:forms:A ffidav ESTIMATED PROJECT COST WORKSHEET LIVING SPACE Value (high end construction) square feet X$115/sq. foot= (above average construction) square feet X$96/sq. foot= (average construction) square feet X$57/sq. foot= GARAGE (UNFINISHED) square feet X.$25/sq. foot= PORCH square feet X$20/sq. foot= DECK square feet X$15/sq. foot= M0 OTHER r)N1 SH SgtnL✓T 6 62 / square feet X$??/sq. foot=4 /8 2Jo'► F'R. 51-o rel c t P i.ay roo,r,-, Total Estimated Project Value al dd'/o. — ""�"�__ The Commonwealth of Massachusetts a =••_ Department of Industrial Accidents ' ,s _= • • Office oflasest!®atloas _ 600 Washington Street "y — - Boston,Mass. 02111 -rJ Workers' Com ensation Insurance Affidavit • //// ,,,.!G ���i�� j////i / . ,�j%% name: location: city vhone# ❑ I am a homeowner performing all work myself. • O I am a sole' •etor and have no one • • •'•:' • in anv'"•'.' • /ioiiaiaiiiii�iiriiiidioir// aiiaiia • •iaiiiiiaiiiiiiiir//_ iaiaiiaiaiiiiiaaiiiiaaaiiaiiaiaaiiiiiaiaiii//iiii i/ //i//,,, Ej-1'am as employer providing workers'compensation for my employees working on this job- ..................:::::::::::::.:::.......::.;............::.;}.:.. .............. :.......... poma8nv:nam •'•Y':ii ' ~::iiii :i?>• {:::};�::;:;?:x..}.;;{,;i}ti;}?:ii:'i: iy;.4:: ,'.�:�:yi•:;i:::}l'�: $:i yi:,:viSiivi }:iii;:: .:::::y;Ti ::viiii:::it ::: ��,• ....:.::..;.v.�:•::::.:. -' ....r:w:; :•: .. xw::::::.:: vv ........ .....:w;•}}ri•:•:1:ir:??ti........ .n............. 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Adhere to secure coverage as requited under Sectlon 25A of MGL 152 ranked to the imposition of criminal penalties airline up to S1400.00 and/or one years'imprismammt as well as civil penalties is the form of a STOP WORK ORDER and a Sae of 5100.00 a day against me. I understand that a copy of this statement may be forwarded nee of Iavestigatioas of the DIA for coverage veifcadou. I do hereby comfy under t r nuns ' of perjury that the information provided above is true and corred. Sigeatare Date '79 /,/ _ Past name g--k'c..6 ` 3� Phone# z •cr—72 S--—=.s--- official use only do not write in this area to be completed by city or town oiIldel • dty or town: pe w �� ❑Buflding Department ❑Licensing Board ❑check if immediate response is required ❑Selectmen's Office . ❑Health Department contact person: phone ii: _ Other (jenrd 9/93 NA) . Information and, Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for employees. As quoted from the "law",an employee is defined as every person in the service of another under any cc: of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or mar the foregoing engaged in a joint enterprise, and including thelegal represeuratives of a deceased employer, or the rece: trustee of an individual,partnership,association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house another who employs persons to do 1712iTrr ►+ancr, constcuctian or repair work on such dwelling house or on the stunt building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or localJicemsing agency shall withhold the issuance or re of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant will not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the cowwealth nor any of its political subdivisions shall enter into any contract for the performance of public work un acceptable evidence of compliance with the insurance rnquiremrnts of this chapter have been presented to the contra. authority. • , - - • Applicants Please ffil in the workers'c ampeasaticm affidavit completely,by checking the box that applies to your situation and. : supplying company names,address and phone numbers along with a certificate of insurance as all affidavits may be subs to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign ant _ date the affidavit. The affidavit should be returned the or town that the I � applicatiioa forthe pe®t or license being requested,not the Department of Indastcial Accidents. Should you have any questions regarding the law"or it='are required to obtain a woike:s'compeasatioa policy,please call the Department at the mmrber listed below. _ City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of affidavit for you to fill out in the eveatthe Office of Investigations has to contact you regarding the applicant Please be sure to fill in the peoartllicease nimbet which will be used is a refers ce•nornber. The affidavits may be retume`d to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have may questions. please do not hesitate to give us a call. • The Department's address,telephone and fax number. The Commonwealth Of Massachusetts • Department of Industrial Accidents Once of Investigations 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 • phone#: (617) 727-4900 ext..406, 409 or 375 Table1g2.1b(eontkesed) Prtscripttra Packages for Oaa and Two-Family Residential Boildlap Seated with Fora Foci MAXIMUM MINIMUM Glazing Glaring Can Wall Floor Slab HIC00lia8 AI&CA) U-value= It-value, R-vakm' Rrvalue F�iCi? Package RAmbra' 5701 to 6500 Heating Dawes Dave Q 12% 0.40 38 MIMI 10 0 Nand R 12% 0.32 30 10 Normal S 12% 0.50 38 ® 19 10111M 05 AFUE 15% 0.36 38 Q 25 WA Normal 15% 0A6 38 MEM 19 10 Normal 15% 0.44 38 13 25 WA MI 05 AFUE 15% 0.52 30 19 19 10 85 AFUE X 18% 0.32 38 13 25 WAii Norma Y 18% 0.42 38 Mg= 23 WA Normal Z 18% 0.42 38 IM 1iii 19 10 6 10AFUE AA 18% 0.50 30 19 19 10 6 99 AFUE I. ADDRESS OF PROPERTY: Zo S/ ,IIM•t/ ,S 7 • 2.-SQUARE FOOTAGE OF ALL EXTERIOR WALLS: / 5-9Q 3. SQUARE FOOTAGE OF ALL GLAZING: 7.2 d� 4. %GLAZING AREA(#3 DIVIDED BY#2): i Q Y5 /O S. SELECT PACKAGE(Q—AA-see chart above): NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. Difr- 3 c i j Xao G " re-/ 1 JJut-il-pve,. iu /td wi Z( A. v 3 ` ' t _/3 Jiz_ N, BUILDING INSPECTOR APPROVAL: YES: NO: q-forms-1980303a 780 CMR Appendix J • Footnotes to Table JS.2.lb: Glazing area is the ratio of the area of the glazing assemblies (including sliding-glass doors, skylights, and basement windows if located in walls that enclose conditioned space, but excluding opaque doors)to the gross wall area,expressed as a percentage. Up to 1%of the total glazing area may be excluded from the U-value requirement. For example,3 fl of decorative glass may be excluded from a building design with 300 fl of glazing area. Z After January 1, 1999,glazing U-values must be tested and documented by the manufacturer in accordance with the National Fenestration Rating Council (NFRC) test procedure, or taken from Table J1.5.3a. U-values are for whole units:center-of-glass U-values cannot be used. The ceiling R-values do not assume a raised or oversized truss construction. If the insulation achieves the full insulation thickness over the exterior walls without compression, R-30 insulation may be substituted for R-38 insulation and R-38 insulation may be substituted for R-49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. Wall R values represent the sum of the wall cavity insulation plus insulating sheathing (if used). Do not include exterior siding,structural sheathing,and interior drywall.For example,an R-19 requirement could be met EITHER by R-19 cavity insulation OR R-13 cavity insulation plus R-6 insulating sheathing. Wall requirements apply to wood-frame or mass(concrete,masonry,log)wall constructions,but do not apply to metal-frame construction. The floor requirements apply to floors over unconditioned spaces(such as unconditioned crawlspaces, basements, or garages).Floors over outside air must meet the ceiling requirements. `The entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R-value requirement as above-grade walls. Windows and sliding glass doors of conditioned basements must be included with the other glazing. Basement doors must meet the door U-value requirement described in Note b. `"- 'The R-value requirements are for unheated slabs.Add an additional R-2 for heated slabs. `If the building utilizes electric resistance heating use compliance approach 3,4, or 5. If you plan to install more than one piece of heating equipment or more than one piece of cooling equipment, the equipment with the lowest efficiency must meet or exceed the efficiency required by the selected package. 'For Heating Degree Day requirements of the closest city or town see Table J5.2.1a NOTES: a)Glazing areas and U-values are maximum acceptable levels. Insulation R values are minimum acceptable levels. • R-value requirements are for insulation only and do not include structural components. b)Opaque doors in the building envelope must have a U-value no greater than 0.35. Door U-values must be tested and documented by the manufacturer in accordance with the NFRC test procedure or taken from the door U-value in Table J1.5.3b. If a door contains glass and an aggregate U-value rating for that door is not available, include the glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(i.e.,may have a U-value greater than 0.35). c)If a ceiling,wall,floor,basement wall,slab-edge,or crawl space wall component includes two or more areas with different insulation levels, the component complies if the area-weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- value of all windows or doors is less than or equal to the U-value requirement(0.35 for doors). E - 1 - %. • ' ::::LN - i '1 gge -69...e a/ix el,./Kaaaachutel4 I • I ,4 I BOARD OF BUILDING REGULATIONS t 4 !if License: CONSTRUCTION SUPERVISOR t NumbeiCS 009013 141)1414 i I Evires;45/1112002 Tr.no.. 24512 i.,44,X-''N.._ ,';; r•-,---_-.7:-“fg• ,...,----= 1 ..,..t. - I ReStria.ed To 700 GREGORY M cAyLki,---. 33A BAXTER AV '-''-'1:---': 7-2"*-4---<errc441 W YARMOUTH, MA 02673 Administrator IF __.,—.._!...---- ...i.. ii 4., / ---.- , — ,...s: gin, e011F/M.0~80ieg 1 aCkl4eal HOME IMPROVEMENT 1: CONTRACTOR -----'w------ Registrat ion: 106395 • —- ;17------41___----_-----=--S Expiration.' 01/23/2002 ‘4.-_—...., Type: Individual 4 .- ,-- GREGORY M. CAULEY Gregory Cauley 47-7&-0--.h) &7ceA Baxter Avenue - ADMINISTRATOR i. Yarmouth MA 0260L I , _ - - — �t"E kip Town of Barnstable Regulatory Services I BARNSTABLE Thomas F.Geiler,Director �39ra Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 21, 2000 Dr. &Mrs. Brenda Cillis 2051 Main Street W Barnstable, Ma. 02668 Dear Dr. &Mrs. Cillus; In the interest of attempting to resolve a multitude of outstanding issues with abutting neighbors, I have determined that the most appropriate avenue is a Site Plan Review hearing. I therefore am informing you that you are required to submit a completed application and corresponding site plan for the consideration of this panel. It is my expectation that this hearing will ultimately provide a measure of relief and satisfy all parties involved. Your anticipated cooperation is greatly appreciated. Sincerely, Ralph Crossen Building Commissioner i CAPE �+ pppp �+�+ p� ��OF BAR �r CAPE COD COMMISSION O /` „ - 3225 MAIN STREET " � � tri r P.O. BOX 226 la JUN 19 2001 `' BARNSTABLE, MA 02630 'Y,p ^'"�� (508)362-3828 AP R`ii4dITP.' u�P.�gc9fs`? fl _ `sACHUs�' FAX(508)362-3136 E-mail:frontdeskCcapecodcommission.org June 15, 2001 VIA CER LINED MAIL Victor Cillis and Brenda Tri 2051 Main Street West Barnstable,MA Cillis/Tri Indoor Riding Arena/TR20060 Dear Mr. Cillis and Ms. Tri: The purpose of this letter is to inform you that the above referenced project has been referred to the Cape Cod Commission (Commission) as a Development of Regional Impact (DRI) under the Cape Cod Commission Act (Act), Chapter 716 of the Acts of 1989, as amended. Pursuant to Section 3(c) of the Enabling Regulations Governing Review of DRIs,the project exceeds our regional development threshold of 10,000 square feet for any "proposed commercial, service, retail, or wholesale business, office or industrial development, as well as any private health, recreational or educational development." The referral was made by John C. Klimm,Barnstable Town Manager. This referral was received by the Commission on June 13,2001. Under the Act, the Commission is required to schedule a public hearing within sixty (60) days of the receipt of a DRI referral. We will notify you when this public hearing is scheduled. No municipal building permits may be issued unless the Commission completes its review and issues a Development of Regional Impact permit. . Enclosed is a DRI application and a guide to the DRI review process for your information. As project proponent,you are required to file an application with the Commission for this project. While not required, I suggest that we arrange a pre-application meeting to discuss the project,the application requirements, and any questions you may have relative to the review process. A certified abutters list is'required as part of the DRI application. Please note that the Cape Cod Commission Act defines abutters as "owners of land within three hundred feet of any boundary of the proposed development. " Please also note that a copy of the complete DRI application must be filed with the Barnstable Town Clerk, Planning Department, and other municipal agencies before whom a permit is pending. If you have any questions, or to schedule an appointment,please contact our office at (508) 362-3828. Co Sincerely, • nAtA . ,;1 t- c/, Martha H. Hevenor Planner enc. cc: David Ansel, Barnstable CCC rep (copy of referral only) Jackie Etsten, Barnstable Planning Dept. (no enclosures) Linda Hutchenrider,Barnstable Town Clerk (no enclosures) Elbert Ulshoeffer,Barnstable Building Commissioner Y ROUTE 6A N84 07'20 E .-150.PO f 1�1, L=152.5.1' 4 u, R=92. 71 �11.. / x __ •t�u '40„E , \110 •� vrn o 'o ,, N76.25 64,45 11 ii i�,W c3 wl 'y LOT 4 •w ;.k11 k LOT 2 LOT 1 0 N �I oo N80.0 00 8 E - 28.4' `• a o 0 1'18��W 5°\_�__.0_ I E °\ _ r 18 . ..48.3•1.Rr*///ii 111,Z OG — ,c 0 II( 4, . �...... �tv 11 o K o 11 I�oTTg se E �111 o II�. �\ 1` 1g0't DETAIL, "'A" oy n„ 1 r 4�-: ,,0-: .2 --,rw• ;:.„ 40 11.1� 3 LOT 3 ``? il n i11 - w „ i►• �1' 7'20'Yt _-____ nI- 267 55 i1, = 56', __ N81'09 45 E o ,' 11 ,'. A COMMONWEALTH OF MASSACHUSETTS Voi 13g0 5 6\. _ RES. ZONE• "RF" This MORTGAGE INSPECTION Plan is For FLOOD ZONE: "C" Bank Use Only TOWN: _I FT_BAARN T.ARLE _ REGISTRY OWNER: FAIRFLELD ELLTEE DEED REF: _39.e6_5 LQ4 _BUYER: _ILCTOB_J _BEE NII�LM L'ILLIS DATE: _24eO/ 4 PLAN REF: 382/7 _SCALE:1"= 150 FT I HEREBY CERTIFY TO _',APE_C'QD_8Ah'K_&_THlST_CQ___ " ZN Or ITS SUCCESSORS AND/OR ASSIGNS THAT THE BUILDING ,1 `n:. YANKEE SURVE\i SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS o'� PAUL ��'. CONSULTANTS SHOWN AND THAT ITS POSITION DOES ____ CONFORM TO THE ZONING LAW SETBACK REQUIREMENTS OF THE 040. 40B INDUSTRY ROAD TOWN OF ___RA.RA 74 AND THAT it MARSTONS MILLS, MA. 023' IT DOES NOT LIE WITHIN THE SPECIAL FLOOD HAZARD ' 'IS1EV" %W TEL 428-0055 AREA. AS SHOWN ON THE H.U.D. MAP DATED_VW/.Of_ ` �NAt U►No '' FAX 420-5553 Co unit P e1 250001-0005—C _____. THIS PLAN NOT MADE FROM AN INSTRUMENT 16097 CrGM F � SURVEY, NOT TO BE USED FOR FENCES, ETC. . ROUTE 6A 0'- �11.. L=152.5(' , , .emu, R=92. 71 7411•• / �117. 01 o 5,4„ow ► \11O .j th •'' Co N76 2 64 45' 11 v i .If 11 I � � ! 1. AI 1.+11 . ti I W1 t� °` ' LOT 4 w �.�o - \�k LOT 2 LOT 1 O p o 1 � � ku moo N80•p0'46"E N 2 ;L v 80•0118 ' __\_ _ - - 33'48 E o ‘ 181' //.48.s,-i i c R 1/CAR/ 91 i ;1 7�. O I \so, u I' / • • • 1Aoirr ///// 4. N.DETAILr C co" `�y{�"N 11z 16 " „ `� _ 11(411 DETAIL. A n ` , vim, Co 10 � 4�,,-`,0 w I 5I11- LOT 3 o 11 n i11 - - n. 1 ea Ai ` =,1�"' n1 j. ,55 —— w ,2�''Vt _ _= N67 co S6A"'9y' __A—_-=380.78 • ul% . . J6:- _ N81 59. 8 E 0 I \•11� � �1���� COMMONWEALTH OF MASSACHC/SETTS rid(30 0.6 RES. ZONE: "RF" This MORTGAGE INSPECTION Plan is For FLOOD ZONE: "C" Bank Use Only TOWN: _HlEaT_BARNJTARLE _ REGISTRY OWNER: FA,(RE'I_LQ ELLIIATE . DEED REF: _�96,5 LUG -BUYER: _UCT_OE_f BEENIJ�LM�_CILIIS DATE: J2/ZO,1'4 PLAN REF: _382/.7 - _SCALE:1"= 150 FT I HEREBY CERTIFY TO fALE_CQI1_BAIYK&TRUST_r<Q.___ ZN ITS SUCCESSORS' AND/OR ASSIGNS THAT THE BUILDING .,� -`' YANKEE SURVEY SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS o� PAUL� �•,`. CONSULTANTS SHOWN AND THAT ITS POSITION DOES ____ CONFORMMCMITHEW TO THE ZONING LAW SETBACK REQUIREMENTS OF THE 3209e trlys `" 40B INDUSTRY ROAD TOWN OF ___BA8 _ AND THAT �p MARSTONS MIi.t s, MA. O?OL IT DOES_NOT _ LIE WITHIN THE SPECIAL FLOOD HAZARD to UN 5'. TEL: 428-0055 AREA AS SHOWN ON THE H.U.D. MAP DATED_$ L ,L _ FAX 420-5553 Co unit P 1 250001-0005-C r THIS PLAN NOT MADE FROM AN INSTRUMENT 16097 GGM — SURVEY, NOT TO BE USED FOR FENCES, ETC. e NUTTER, McCLENNEN & FISH, LLP ATTORNEYS AT LAW ROUTE 132-1513 IYANNOUGH ROAD P.O.BOX 1630 HYANNIS,MASSACHUSETTS 02601-1630 TELEPHONE:508 790-5400 FACSIMILE:508 771-8079 DIRECT DIAL NUMBER (508) 790-5407 E-MAIL ADDRESS pmb@nutter.corn October 5, 1999 #101900-1 Ralph Crossen, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Stepping Stones Riding School 2051 Main Street, West Barnstable Dear Ralph: Enclosed please find a copy of my correspondence to the Town Clerk and Zoning Board Clerk appealing your decision of September 1, 1999 with reference to the above matter. I also enclose a copy of my correspondence to Dr. and Mrs. Cillis inviting further discussions regarding possible settlement. I have requested that the Zoning Board not schedule this matter pending my ability to have additional discussions with the Cillis'. I am informed that they are no longer utilizing Attorney Julie Molloy as their counsel. Should settlement discussions not proceed, I will be requesting enforcement of the requirement of a site plan review application per your decision. I will keep you advised as to developments. With best regards, I am, • Sincerely yours, .Patrick M. Butler PMB/cam. 784707.1 --OCT. 12. 19y9-1[I lOANI NUTTER, MCCLENNEN' N , 3821 P. 1 • NUTTER, MCCLEINNEN & FISH, LLP Route 132 - 1513 iya.nnough Road P.O. Box 1630 Hyannis, MA 02601 Telephone: 508 790-5400 Fax: 508 771-8079 FACSIMILE TRANSMITTAL SHEET Including this transmittal sheet, document consists of 4 pages Date: October 12, 1999 Name: Lois Facsimile No.: 790-6230 From: Patrick M. Butler, Esq. • C.M.#: 101900.1 Comments: Attached are copies inadvertently omitted from correspondence date October 5t . Thank you. STATEMENT OF CONFIDENTIALITY rm of Nutter,McClennen The Fish, LLP included confidential th this al andtor privileged. rivile transmittal hiseinformat on is intended to be for the contain intbrmation from the law use of the addressee named Fish, ans whichphotocopy,distribution or use of the contents on this transmittal sheet. If you are not the addressee,note that any disclosure,Q of this faxed information is prohibited, if you have receivedof the this original fcsimilecnt in errs or,n please st o otiy us by telephone(collect) immediately so that we can arrange for the retrieval N503311v1<imana e> -Pax Ccver Sheet-PMB.wy+d OCT. 12 1999 10:40AM NUTTER, ICCLENNEN NO, 3821 F. R,%' ‘r• ��'°'�6 NUTTER, McCLENNEN & FISH, LLP t,0 71 nttt, r „y�0�1`"' y^r4` d ATTORNEYS AT LAW 11U + �^ba't1,n.0it ,00 ROUTE 131.1S13IYdJNO 1. LGiROAD 0, dM 1,ti V P.O.BOX 1530 fiYANNiS,EgtiCSACE4US$'ITS 01601.1630 INS ° End'4R" TELEPHONE:501 790-5400 FACSIMILE:50S 771.8079 l W14 DIRECT DIAL NUMBAR. �0: to Apt mot b;5Jq,1 r (508) 790-5407 Q{- 9.,,.. E-MAIL ADDRESS , Q att,akP prnb@nutter,corn September 29, 1999 #101900-1 — crafitd ILia l Rp nrne Re $pt Qua ,enr ja slg1_I Dar, and Mrs, Brenda Cillis . 2051 Main Street West Barnstable, MA 02668 Re; Appeal of Building Commissioner's Determination Dear Dr. and Mrs. Cillis; Enclosed please find a copy of our appeal of the Administrative Official's Decision which we have filed with the Zoning Board fog d that Attotld you kindly rney Julie Molloy is contact longer your receipt of this correspondence. I am in representing you with reference to this matter, and accordingly, I would like to speak to your successor counsel or to you directly regarding possible continued discussion by and between the parties. • ricruVly yours k M. Butler 1VMB/cam -OCT, 12 1999 10:4 NUTTER, MCCLENNEN NO 3821 P, 3 .NUTTER, McCLENNEN & FISH, LLP ATTORNEYS AT LAW ROUTS 132-1513 XAN1 O UGH ROAD HYANNIS,MASSACHU5E1'T5 02601.1630 TELEPHONE,508 790.3400 WACStMII-E.SOB 771-8074 DIRECT DIAL NUMBER (508) 790-5407 E-MAIL ADDRESS pmb@nutter.corn September 28, 1999 #101900-1 • Han Town Clerk Town of Barnstable 367 Main Street Hyannis, MA 02601 By Hain Debra Lavoie, Clerk Zoning Board of Appeals Town of Barnstable 230 South Street Hyannis, MA 02601 Re: Troutman et a1 v. Cillis Dear Mmes. Clerk: Enclosed please find appeal of Building Commissioner's dece enclose a filing ision y which we file on n Clerk and of Mr. and Mrs. David tiled with the Zoning Board of Appeals Clerk. We are forwarding a and duplicate copies td be copy of the enclosed and this correspondence to the Building Commissioner's office for his records. OCT 12. 1999 '19:41 AM NUTTER, MCCLENNEN NO. 3821 F. 4 NUTTER. McCLENNEN & FISH LLP Town Clerk Debra Lavoie, Zoning Board of Appeals Clerk September 28, 1999 Page 2 Thank you for your courtesy in this regard. jay truly yours, Patrick M. Butler PMB/care cc: Ralph Crossen, Building Commissioner Mr. and Mrs. Troutman Mr. and Mrs. Mason Dr. and Mrs. Feeney /8228A.1 Town of Barnstable Legal Department - Town Attorneys' Office 367 Main Street, Hyannis MA 02601-3907 Inter-Office Memorandum Robert D. Smith,Town Attorney Office: 508-862-4620 Ruth J. Weil,Assistant Town Attorney Fax: 508-775-3344 Claire Griffen,Paralegal/Legal Assistant After 4:30PM 790-6283 Terri Cahalane,Legal Clerk Date: July 14, 1999 To: RALPH CROSSEN, Building Commissioner From: ROBERT D. SMITH, Town Attorney ( •gi 1 Subject: Agricultural Use, 2051 Main St., W. Barnstable (Tri & Gillis) Legal Ref. #99-0114 This memorandum is in response to your request for advisement in the above matter dated June 21, 1999, concerning operating a commercial riding academy as an agricultural exemption (for your convenience, a copy of your memo only is attached). I believe that your current position with respect to the above matter is the position which is most defensible from a legal point of view. That is, that the use of the 7.0+ Acres of land for the raising of horses and their marketing — I believe that it is particularly significant that there have been 10 sales of horses over the past few years —together with the accessory uses of renting riding lessons for a fee, is altogether a commercial agricultural use within the meaning of section 3 of chapter 40A of the general laws. I trust this is responsive to your request but should you need to discuss this further, please don't hesitate to give me a call. RDS:cg Atchmt. [[99-01141ralph-1] co THE Tog-- ,psi', s'A �� The Town of I• arnstable i 9$\ 13439. e� Department of Health Safety and Environmental Services ArFO N►o+' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-90-6230 Building Commissioner MEMORANDUM DATE: June 21, 1999 TO: Legal Department FROM: Ralph M.Crossen,Building Commissioner RE: Agricultural Use 2051 Main Street,West Barnstable The owners of this property(Tri and Cillis)were operating a commercial riding academy claiming an agricultural exemption. I disagreed with their right to charge money and they appealed to the ZBA. At the . last hearing of the ZBA,their lawyer relied on the Stegge(sp?)case. I told them that in that case,the court said one could charge money to ride but only if one were interested in buying a horse. The case was continued. The owners have approached me through their lawyer with the attached business plan change. They are asking now if they will be in compliance with 40a Section 3 and the Stegge case if they modify the way they do business as proposed. Note the reference to intending to buy a horse as a condition. Please advise. /km cc: Zoning Board of Appeals Attorney Julie Malloy C'C b flf� , t - ', -- q990621a TOWN OF BARNSTABLE Zoning Board of Appeals THE ZONING,RELIEF BEING SOUGF,. . I a , 0- Application for Other Powers BEEN DET I_ ED BY TH P ZOI7 '" li r ' ENFORCE :T OFFICI.'RZ ''I u BEAPPRO;';:1LTE BELIE' ..d '. /I'�� CIRCU1ti1 Si:iN CES Date Received For office use only: D E E I V ,E Appeal # Hearing Date • 9 _ Decision Due he n StPd2 8 - I. ersigned ' by applies to the Zoning Board of Appeals for the reasons ndicated: TOWNOFBARNSTABLE . and Mrs. David W. Troutman _ ZONING BOARD OF APPEALS -Mr. and Mrs. Christopher Mason . Applicant Name: Dr. and Mrs. -William D. Fenney , phone508-790-5407 _ _ _ Applicant Address:c/o Patrick M. Butler, Esq. , Nutter, McClennen & Eisn, LLP P O__ Box 1630, FYarris;--MA n/An1 - -- Property Location2051 Main Street,_ West Barnstable, MA • -7 u. • ' This is a -request for: - -• 14 Enforcement Action . • [$ Appeal of Administrative Officials Decision (] ' Repetitive Petitions , • [], Appeal from the Zoning Administrator _ [] Other General Powers - Please specify: Please'Provide the Following Information (as applicable): ` . • Property Owner:Victor &. Brenda Cillis , Phone . . . _ d/b/a Stepping Stones Rid.ing School Address of..Owner: 7051 Main Street:. West- Barnst.ahle, MA If applicant differs from owner, state nature of interest: • Assessor's • Hap/Parcel 'Number Map 216, Parcels 076W00 & 076B00 and 075.002 - Zoning District - RF • - Groundwater Overlay District AP Which sections) of the Zoning- Ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? Section 2-4 . 1 (3) and M.G.L. • - • Chapter 40 , §3 • • Existing Level of Development of the Property - Number of Buildings: 4 Present Ose(s) : Single family home; :Gross Floor Area: TBD sq. ft. . commercial stables riding pen and sanitary facilities el • - Application for other powers Nature & Description of Request: Applicants- appeal from Buiidinct_ Commissioner decision of September 2,- 1999 (attached as Exhibit A) on the basis that the use as proposed is not exempt under M.G.L. Chapter 40A, §3 Attached separate sheet if needed. Is the property located in an Historic District? Yes (K] No I. If yes oRH Use only:. • . Plan Review Number - • • Date Approved . Is the building a designated Historic-Landmark?- Unknown Yes [] " No lc] Styes Historic Preservation Department Use Only: Date Approved Has .a building permit been applied for? , Yes [] :. . No id Hai ,.the 'Building"'Inspector refused a permit?. Yes [If,.: No Has..•:the property. been before Site Plan. Review? _ Yes []::°: .•No ., • . For Building Department Use only: Not Required - single Family [] Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: • Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required for standing . before the Board and for clear understanding of your appeal. • The applicant may submit any additional supporting documents to assist the B n making its det i.on. • Signature: , _ Date: Jcfr -1--811� i`r9 Applicant or Agent's Signature: • Patrick M. Butler Nutter, McClenen & Fish, LLP (508) 790-5400 n Agents Address: 1513 Iyannough Rd. P.O. Box Phone: • .P.O. Box 1630 • Hyannis, MA 02601 Fax No. (508) 771-8079 .��,. - The Town of I:,anistablle Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Ralph Crossen Building Commissioner September 1, 1999 Julie C.Molloy Pope&Hazard 150 Federal Street FAX 617 695 9255 Boston,MA 02110-1745 Re: 2051 Main Street,West Barnstable Dear Attorney Molloy: • This letter is being written to address the question involving the,Tri-CiWs case off Route 6A in West Barnstable. Currently,the Tri-Cillis application is on appeal to the Zoning Board of Appeals: I had issued a cease and desist order due to the fact that the way Ms.hi was running her op eration before was,in my opinion,not in compliance with zoning as it was a commercial operation "rather than an agriculturally exempt use. At the last hearing the Steege case was brought up and,after this case was continued,a new proposal was submitted by Ms.Tri to me asking to change the way she does business to mirror the Steege case• Essentially the change would entail provisions whereby riders would be required to be prospective buyers as well... This proposal was sent to our legal department,and the opinion received was that it was their opinion that this would now be exempt tmder 40a,Section 3 if changed as proposed. Accordingly,we are of the opinion that Ms.Tri may withdraw her appeal and accept the fact that the cease and desist was in order. Further and in light of the complexity of the issues on the site,we are requesting Ms.Tri to come to Site Plan Review to discuss and work out a total plan for the site to support this new proposal. My zoning opinion on the new proposal is that it will be in compliance with zoning for this residential district by being exempt from zoning under 40a,Section 3 and Barnstable Zoning Section 2-4-1(3). Sincerely, G � Ralph M.Crossen Building-Commissioner RMCJIbn cc: Pat Butler FAX 771-8079 Victor Calls FAX 362-8811 Bob Smith g99090lb JUL. 16. 1998 7:44PM PEPE&HAZARD NO, 3624 P. 1/6 PEPE & HAZARD LIP Law Offices 150 FEDERAL STREET BOSTON, MA 02110-1745 TELEPHONE: (617) 695-9090 FAX: (617)695-9255 MULTI-PARTY FAX COVER SHEET DATE: July 1¢. 1999 TIME: &20 PMPM CLIENT/MATTER: 29015.2 PLEASE DELIVER THIS FAX IMMEDIATELY: TO: FIRM: FAX NUMBER: MANE NO: Emmett Glynn, Chair Zoning Board of Appeals (508) 862-4725 (508) 790-6225 Ralph M. Crossett Building Commissioner (508) 790-6230 (508) 862-4038 Patrick M. Butler, Esq. Nutter, McClennen&Fish. (508)771-8079 (508)790-5407 Robert D. Smith, Esq. Town Counsel (508) 775-3344 (508) 790-6280 FROM: Julie C Molloy COMMENTS: Please see attached. TOTAL NUMBER OF PAGES, INCLUDING THIS COVER SHEET: IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US IMMEDIATELY. THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE AND ANY ATTACHED DOCUMENT(S) IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT 5 `RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT YOU :t+ ; HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW DISSEMINATION DISTRIBUTION OR strl 4x( z COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ! .{.,;K v ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (617) 695-9090 OR BY ELECTRONIC MAIL - ,, `tw(postmasterOpepehazard.com)IMMEDIATELY. THANK YOU. '� , ti Transmitted By: Return To: Nancy Saunders - ,A 104129015/2/60662v1 07/15/99-BOS/1CM JUL. 16. 1998 7 :44PM PEPE&HAZARD NO. 3624 P. 2/6 PEPE&CHAZARD LLP LAW OFFICES 150 FEDERAL STREET,28TH FLOOR JULIE C. MOLLOY BOSTON, MASSACHUSEITS 02110-1745 *Also Admitted in UT. RI & ME 617/695-9090 FACSIMILE 617/695-9255 Direct Dial: (617) 748.5528 jmolloy@pepehazard.com Via Facsimile (508) 771-8079 July 16, 1999 Patrick M. Butler, Esq. Nutter, McClennen & Fish, L.L.P. 1523 Iyannough Road • P.O. Box 1630 Hyannis, MA 02601 Re: Oktober Farm Zoning Board of Appeals No. 1999-71 Dear Pat: Thank you for clarifying your communications with Town Counsel and the Building Commissioner regarding the McDowell and Steege cases. While I would like to address why the two "distinctions" in McDowell do not apply here, let me first say that I look forward to sitting down with you to try to resolve our clients' differences. Specifically, as I had indicated to your clients' prior counsel, Mr. Gilmore, since these parties are likely to be neighbors for some time to come, it behooves all to reach some livable resolution of their differences. Dr. and Mrs. Cillis are particularly concerned with the Troutman's and Mason's lack of respect for the Cillis' property, by taking down trees and shrubs without permission, and further burdening the Cillis property with an additional driveway opening. Additionally, there is significant damage to the Cillis' lawn along the lower driveway due to construction vehicles passing over the driveway to the Troutman and Mason parcels. As for Dr. and Mrs. Fenney, evidently they have repeatedly threatened the Bousefield employees regarding the placement of the BouseHouse (which was obtained, in part, to alleviate the Fenney's concerns); also, it seems that the Fenneys' shed is located on the Cillis property, and Dr. and Mrs. Cillis would like it removed. With respect to the allegations of nuisance, I note that a 1989 amendment to Chapter 243 added Section 6, which states: No action in nuisance may be maintained against any person or entity resulting from the operation of a farm or any ancillary or related activities thereof, if said operation is an ordinary aspect of said farming operation or ancillary or related activity; provided, however, that said farm shall have been in operation for more than one year. This section shall not apply if the nuisance is determined /CM/29015/2/60809r1 BOSTON iaal HARTFORD IH SOUTHPORT 07/16/99-B0S/1CM JUL. 16. 1998 7:44PM PEPE&HAZARD NO, 3624 P. 3/6 r , PEIERHAZARD LLP Patrick M. Butler, Esq. July 16, 1999 Page 2 to exist as a result of negligent conduct or actions inconsistent with generally accepted agricultural practices, For the purposes of this section, "agriculture" and "farming" shall be as defined in section one A of chapter one hundred and twenty-eight. Turning to your comments regarding the McDowell case: (1) You suggest that the McDowell case stands for the proposition that the agricultural use in question must be the "primary" use of the land which is the subject of the purported exemption. Nowhere in the McDowell case is there any such statement. Rather, in considering whether McDowell's activities in raising and breeding dogs fell within the definition of "agricultural use", the Appeals Court considered the Massachusetts statute relating to the assessment and taxation of agricultural land. In considering the definition of "agriculture", however, the Appeals Court also considered, and cited with approval the Stew case -- and paraphrases case as standing for the proposition that "the operation of a boarding stable and a riding academy [are] deemed an agricultural use protected by G.L. c. 40A, §3. The agricultural assessment and taxation statute was only one definition of agriculture which the Appeals Court considered, and it states (in full) as follows: Land shall be deemed to be in agricultural use when primarily and directly used in raising animals, including, but not limited to, dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees and fur bearing animals, for the purposes of selling such animals or a product derived from such animals in the regular course of business; or when primarily and directly used in a related manner which is incidental thereto and represents a customary and necessary use in raising such animals and preparing them or the products derived therefrom for market. G.L. c. 61A, §1. You may not be aware that Dr. and Mrs. Cillis have applied for agricultural status to the Massachusetts Department of Revenue under this statute, and are awaiting the customary two-year waiting period for approval. There is no reason to believe that this application will not be approved in the usual course. Notwithstanding that point, the statute defining agriculture, G. L. c. 128, §1, is a far more appropriate place to begin in trying to determine whether a particular activity is "agricultural." As previously noted, that statute defines agriculture to include: JCM/290 t 5/2/60809v 09/16/99-BOSIJCM JUL. 16. 1998 7:45PM PEPE&HAZARD NO. 3624 P. 4/6 1 EPERHAZARD LLP Patrick M. Butler, Esq. July 16, 1999 Page 3 the raising of livestock including horses, the keeping of horses as a commercial enterprise,... G.L. c. 128, §1A. As set forth in the Steege case, not only the raising of horses by the Steeges, but also their purchase of horses, and the stabling, training and participation in horse shows were "all part of one whole and constitute agriculture as that phrase is used in c. 40A, §3." There is nothing in the McDowell case to suggest that permissible and exempt agricultural uses of horses as set forth in $teege was refined or limited in any way by the McDowell opinion. Rather, the limitations set forth in McDowell pertain only to the raising and breeding of dogs. In point of fact it is likely that at some point the McDowell case will be overruled for the simple fact that dogs do not generally fall within the definition of"livestock". And while the Appeals Court "fail[ed] to see how the raising and training of dogs for sale is distinguishable from the raising and training of other domesticated animals such as ponies or horses...", I suspect that few of us would argue that dogs, because they are not livestock, are quite distinguishable. Nor will you find dogs included in any dictionary definition of "livestock". Accordingly, McDowell has no bearing on the facts in this case, and, instead, the Steege case controls. (2) Your second point is that McDowell differentiates between the raising and training of one's own animals and boarding and grooming of animals owned by others, Again, because McDowell deals with dogs, rather than livestock, such as horses, it is inapplicable. To the point, the statute defining agriculture, Section 1A of Chapter 128, specifically states that "the keeping of horses as a commercial enterprise" constitutes "farming" and ''agriculture". As mentioned in my previous letter the "keeping of horses" quite literally means boarding, feeding, exercising and cleaning and grooming of horses. Moreover, Massachusetts case law (although quite old -- not surprisingly!) references and defines the "keeping" of a horse as the stabling, feeding, cleaning, grooming and exercising of a horse. In the case of Folsom v, Barrett, 180 Mass. 439; 62 N.E. 723 (1902), the stable-keeper sought to recover from a horse owner the costs of keeping a horse, and asserted a lien for non-payment of these costs, refusing to tender the horse until payment was made by the owner. The Court dismissed defendant -owner's objections to this lien, holding that: The plaintiff[stable-keeper] kept the horse as he had a right to keep it, and he kept it for the defendant, that is to say, he kept it so that when the sum due was paid the horse could be delivered up. In keeping the horse the plaintiff was performing a duty he owed to the defendant, which was to keep the horse for him. The horse must be fed or die, and both parties knew that. ... The horse was left by the defendant in the hands of the plaintiff without the latter's fault, and the plaintiff was 104/29015/2/60809v1 07/16/99-0OS/1CM JUL. 16. 1998 7 : 45PM PEPE&HAZARD NO. 3624 P. 5/6 PEPERHAZARD lLP Patrick M. Butler, Esq. July 16, 1999 Page 4 bound to take reasonable measures for its preservation. For this expense he may bold the horse or recover against the defendant. See Great Northern Railway v. Swaffield. L.E. 9 Ex. 132. Folsom v. Barrett, 180 Mass. 439; 62 N.E. 723 (1902), In another, even earlier case, the Supreme Judicial Court discussed the validity of the trial court's jury instructions regarding the elements a defendant needed to prove his claimed lien for the keeping of plaintiff's horse. Lynde V. Parker, 155 Mass. 481; 30 N.E. 74 (1892). The trial court had instructed the jury that : In order that the defendant may have a valid lien as against this plaintiff the keeping of the horse, the defendant must show, by the fair preponderance of the evidence, that the horse was boarded by its owner at the defendant's stable by the consent, express or implied, of the plaintiff... The Supreme Judicial Court affirmed that the trial court's instructions were correct, and cited existing statutes which defined the "keeping of horses": By the Pub. Sts. c. 192, c 32, "Persons having proper charges due them for pasturing, boarding, or keeping horses or other domestic animals brought to their premises, or placed in their care by or with the consent of the owners thereof, shall have a lien on such horses or other domestic animals for such charges." It was held in Howes v. Newcomb, 146 Mass. 76, that a mortgagor is not the owner within the meaning of this statute, but the mortgagee is. It was said that "undoubtedly an implied consent will answer the requirements of the law," and that "in every case of this kind the inquiry is whether such implied consent is proved," and that this "depends, where animals are left with a mortgagor by a mortgagee, not only upon the terms of the express contract in relation to them, but also upon all the circumstances surrounding the transaction, indicating the expectation of the mortgagee as to the management of them by the mortgagor." If from these the mortgagee may be presumed to have understood that die mortgagor would take them to a stable keeper to be boarded, and no objection was made, such consent should be implied, otherwise it should not. Lynde v, Parker, 155 Mass. 481; 30 N.E. 74 (1892). Accordingly, not only are the raising and training of horses permissible and exempt agricultural uses, but so too, by virtue of the statutory definition of "agriculture", is the "keeping" or boarding of horses. Finally, as set forth in Steege, JCM/29015/2/601109v I 07/16/99-aOSIJCM JUL. 16. 1998 7:46PM PEPE&HAZARD NO. 3624 P. 6/6 , • PE AZARD LLP Patrick M. Butler, Esq. July 16, 1999 Page 5 not only does agriculture encompass raising, purchasing, boarding, and training of horses, but it also encompasses riding lessons and horse shows. truly yours, /A- lie C. Molloy JCM:jcm cc: Ralph M. Crossen, Building Commissioner (via fax) Emmett Glynn, Chair, Zoning Board of Appeals (via fax) Robert D. Smith, Esq., Town Counsel (via fax) JCM/290152/608o9v1 07/16/99430S/JCM Town of Barnstable Zoning Board of Appeals Unfinished Business 1 July 14, 1999 -, Appeal No: Name Date Time !4*) Appeal Number 1999-71 Tri/Cillis Continued to 07/14/99 @ 9:00 PM Board Members hearing this appeal were Gene Burman,Ron Jansson,Gail Nightingale,Richard Boy,and Chairman Emmett Glynn. Appeal Number 1999-33 Crosby Continued to 07/21/99 @ 8:00 PM Board Members hearing this appeal were Gene Burman,Ron Jansson,Gail Nightingale,Richard Boy,and Chairman Emmett Glynn. Appeal Number 1998-74 Freezer Point Condominium Continued to 07/21/99 @ 7:30 PM Board Members hearing these appeals were Ron Jansson,Gene Burman,Gail Nightingale,Tom DeRiemer,and Chairman Emmett Glynn. Appeal Number 1995-109 Morin(remand) Continued to 07/28/99 @ 7:30 PM Board Members hearing these appeals were Ron Jansson,Gene Burman,Gail Nightingale,Tom DeRiemer,and Chairman Emmett Glynn Appeal Number 1999-72 Cataldo/Holiday Lane Realty Trust Continued to 07/28/99 @ 7:45 PM Board Members hearing this appeal were Gene Burman,Ron Jansson,Richard Boy,Gail Nightingale,and Chairman Emmett Glynn Appeal Number 1999-64 Christy's of Cape Cod,LLC Continued to 07/28/99 @ 8:00 PM Board Members to be assigned. Appeal Number 1999-73 Redanz Continued to 07/28/99 @ 8:30 PM Board Members hearing this appeal were Richard Boy,Gail Nightingale,Ron Jansson,Gene Burman,and Chairman Emmett Glynn. Appeal Number 1999-24 Cumberland Farms,Inc. Continued to 08/11/99 @ 7:30 PM Appeal Number 1999-25 Cumberland Farms,Inc. Continued to 08/11/99 @ 7:30 PM Board Members hearing this appeal were Gail Nightingale,Ron Jansson,Gene Burman,Tom DeRiemer,and Chairman Emmett Glynn. Alternate Board Member Elizabeth Nilsson was present and can replace any Board Member if necessary. Appeal Number 1999-74 Crawford Continued to 08/18/99 @ 7:45 PM Board Members hearing these appeals were Ron Jansson,Gene Burman,Gail Nightingale,Richard Boy,and Chairman Emmett Glynn Appeal Number 1999-78 Stanley Continued to 08/18/99 @ 9:00 PM Board Members to be assigned. Appeal Number 1999-39 Clark Continued to 09/15/99 @ 7:30 PM Appeal Number 1999-40 Clark Continued to 09/15/99 @ 7:30 PM Board Members hearing these appeals were Ron Jansson,Gene Burman,Gail Nightingale,Tom DeRiemer,and Chairman Emmett Glynn • TOWN OF BARNSTABLE - ZONING BOARD OF APPEALS Excerpts from the minutes of June 16,1999 • Appeal Number 1999-71 Tri/Cillis Board Members hearing this appeal were Gene Burman,Ron Jansson,Gail Nightingale,Richard Boy,and Chairman Emmett Glynn. Attorney Julie Molloy represented the applicants Brenda Tri and Victor Cillis,who were present. Attorney Molloy submitted a memorandum to the file. Attorney Molloy addressed the Board. She stated that the lot size is 7.1 acres not 5.18 as indicated by the staff report and that Parcel 075.002,which is about 2 acres,is also part of the property. Attorney Molloy described the current use of the property. The applicants operate a horse farm which includes the keeping,stabling and boarding of horses. They also run a riding academy which she stated is an accessory use to the principal use of the horse farm. By defmition,an agricultural use is a business and farming is an industry. It is their position that riding schools are a part of farming and is allowed as an exempt agricultural use under Section 3 of Chapter 40A of the Massachusetts General Laws. She stated that neither Section 2-4 of Barnstable's Zoning Ordinance-Unrestricted Uses-nor M.G.L.Chapter 40A define agriculture. As such,she looked to the State for a definition of agriculture which does include the keeping,stabling and boarding of horses. The Board asked if the applicants have a 61A exemption. The applicants stated they applied in October, 1998 for a 61A exemption but it has not gone through yet. Attorney Molloy stated that the Building Commissioner will allow horses and lessons at the farm,but not paid lessons for those not"buying a horse",which he considers to be a commercial endeavor not exempt as an agricultural use. The customary use of a horse is riding. The applicants' farm is called Oktober Farm. Ms.Tri gives riding lessons. Some people end up buying a horse after lessons and others do not. Ten people(families) have bought a horse since they took riding lessons from her. The Board asked for further clarification about the operation of the riding lessons. Attorney Molloy responded that riding lessons are not always necessary before you buy a horse. Most people take lessons and decide if•they like it before they buy a horse because of the high cost. Some people take lessons but simply cannot afford to buy a horse. Not everyone is charged a fee for riding lessons. There is no fee for handicapped children or for educational purposes. The Board asked where on Route 6A the farm is located. The applicant stated they abut the college and that there are no signs. The Board compared horse lessons to dance lessons which can be exempt as an educational use. The Board asked the Building Commissioner about his position on the matter. He stated that the agricultural exemption has changed over the years. Various cases have been handed down and most have supported the progression from private to more commercial use. Where is the line between a commercial riding academy and a full commercial enterprise? In the Steege case,the court found that horse riding was OK because people bought a horse after taking lessons. In this case,people do not have to buy a horse to take lessons. The Building Commissioner stated he was being"cautious"and wanted the Board to make the determination when he informed the applicants they could not operate a commercial riding academy. Attorney Molloy responded that she disagrees with the Building Commissioner's assessment of the Steege case and that it does not refer to the need to buy a horse. The Board stated that the town is trying to limit commercial activity in residential areas. Agriculture is an exempt use but the Board must see if the applicants' operation is consistent with the area. Attorney Molloy responded that the town could limit the size of the area-say 5 acres-but has chosen not to. The Board discovered that because the application did not include the 2 acre parcel previously discussed,the correct abutters have not been notified. The Board suggested this appeal be re-advertised so there can be proper notification. The Board decided to continue Appeal Number 1999-71 to July 14,1999 @ 9:00 PM. M 4 The Town of t•;arnstablle It BARNSrABLE, • \\ 40et Department of Health Safety and Environmental Services 'biro ► ~building Division In g Q v./ Lg 67 Main Street,Hyannis MA 02601 x1 U Office: 508-8624038 JUN 2 2 1999 Ralph Crossen Fax: 508-90-6230 $ Building Commissioner t TOWN OF R°R SliOL, m.s t ',,iUUN'' "I "°EA`-" MEMORANDUM DATE: June 21, 1999 • TO: Legal Department FROM: Ralph M.Crossen,Building Commissioner RE: Agricultural Use-- t-- •• "`a _ 2051 Main Street,West Barnstable r The owners of this property(Tri and Cillis)were operating a commercial riding academy claiming an agricultural exemption. I disagreed with their right to charge money and they appealed to the ZBA. At the last hearing of the ZBA,their lawyer relied on the Stegge(sp?)case. I told them that in that case,the court said one could charge money to ride but only if one were interested in buying a horse. The case was continued. The owners have approached me through their lawyer with the attached business plan change. They are asking now if they will be in compliance with 40a Section 3 and the Stegge case if they modify the way they do business as proposed. Note the reference to intending to buy a horse as a condition. 0 Please advise. /km cc: Zoning Board of Appeals Attorney Julie Malloy q990621a r,: . 16/18/1999 13:09 15088333732 JCMOLLOY PAGE 02 Oktober Farms Stepping Stones Riding School Business Plan Oktober Farms is owned and operated by Brenda Tri and Victor Cillis, avid horse lovers and owners. At present, Oktober Farms owns two horses, three ponies and two miniature horses. Additionally, five horses are boarded at Oktober Farms. Oktober Farms' ideal capacity is for 16 to 18 , horses and/or ponies, although zoning regulations permit up e to 28 horses and/or ponies on the 7. 18 acres of the farm, f Beginning in 1998, Stepping Stones Riding School opened, offering lessons in the safety, care, handling, management and riding of horses and ponies. This training is specifically designed to enable students of all ages and skill levels to safely care for and manage horses and ponies, in order to prepare them for the lease and/or purchase of a horse or pony at a future date. Lessons are offered on a per-class basis, and include training in ground work, including grooming, stall and paddock care, feeding care, p tacking up, tack care, handling and riding of horses and ponies. Classes are small and personalized for individual . training on a limited basis. Oktober Farms and Stepping Stones Riding School finds joy and takes pride in working with children and persons with disabilities in helping them achieve their goals and dreams. Oktober Farms and Stepping Stones Riding School have made application to the Commonwealth of _Massachusetts pursuant to Chapter 61A of the General . 06/18/1999 13:09 15088333732 JCMOLLOY PAGE 03 r.. 1 Laws, for farm status. At present, that application is r Receding through the usual two-year waiting period. f `'i ober Farms and Stepping Stones Riding School are also members of the Massachusetts Farm Bureau, and insured as a farm for all liabilities. z 1 th s: • t it I i. l : i t k iiii_ ---:; , 13:09 15088333732 JGMOLLOY PAGE 01 , _/1999 '„. • ..eased .. Z o BRENDA TRI-Owner • Boarding,Lessons 2051 Main St. Parties Available • W.Barnstable,MA 02668 508-362.1562 Purpose&Description of Lesson Program • Students registered for horseback riding lessons at Stepping Stones Riding School are instructed in the .care, handling, management and riding of horses and ponies. This training is specifically designed to enable s of all ages and skill levels to safely care for end manage horses and ponies in order to prepare them for the and/or purchase of a horse or pony at a future date. Lessons include training in ground work, including Ing, stall and paddock care, feeding care, tacking up, tack care, handling and riding of horses and ponies. • a should be scheduled in advance, payable at the time of lessons, unless otherwise arranged with Brenda Tri. ce notice of cancellation of any lesson is appreciated. Please arrive at least 15 minutes before lesson begins. enrolling in the program,the following information is required,in order to assess skill levels: PARTICIPANT REGISTRATION • Age: Phone: es: • . • -ncy contact: Phone: Equine Experience: • nt is a minor child(under the age of eighteen years)or under any disability, parent or guardian must set forth . name,and acknowledge by signing below that child has permission to enroll in program: • Guardian Name&Address: re: • RELEASE&WARNING I for myself and any minor child and/or ward to who 1 am parent and/or guardian, recognize the t risks of participating in equine activities, and specifically acknowledge that such equine activity ' •ing riding and learning to ride) specifically involves risks of serious injury. In enrolling in this rem, I assume for myself and/or any minor child for whom I am the parent or guardian, any and all risks of injury and further I knowingly and voluntarily release Stepping Stones Riding School, Oktober , and their instructors, agents, servants and employees from any and all liability and responsibility on • nt of any injuries to myself and/or any child or ward for whom I am parent and/or guardian, sustained -•nnection with this program, whether riding or not. I further agree to indemnify and hold harmless ing Stone Riding School, Oktober Farm, and their instructors, agents, servants and employees, on •unt of any such claim, including specifically attorneys' fees and costs. Under Massachusetts law, equine professional is not liable for an injury to, or death of, a participant in equine activities ng from the inherent risks of equine activities, pursuant to section 2D of Chapter 128 of the • chusetts General Laws. MEDICAL AUTHORIZATION In the event that the above•regietered participant requires emergency medical treatment on account of any accident or .by signing below, I hereby give Stepping Stones Riding School and/or Oktober Farm, and their instructors, agents,servants •loyees full permission and authority to provide any and all such emergency care and medical treatment to this participant, - red in their sole discretion,and knowingly and voluntarily release Stepping Stones Riding School,Oktober Farm, and their -, .rs, agents, servants and employees from any and all liability and responsibility in connection with any such care or t. uardinn- GIs Ann.• JUL. 13. 1998 4: 10PM PEPE&HAZARD NO. 3520 P. 2/2 PE �D LLP ?,, LAW OFFICES 150 FEDERAL STREET 28TH FLOOR JULIE C. MOLLOY • 6OSTON, MASSACHUSETTS 02 1 1 0-1 745 tAiso Admitted in UT, R1 & ME 617/695.9090 FACSIMILE 617/695-9255 Dirjm Dial:olloy@ pepe pepe 748 5529 hazard.Corn July 13, 1999 Emrnitt Glyan, Chair Zoning Board of Appeals Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Re: ZBA Appeal No. 1999-71 Oktober Farm/Brenda Tri and Victor Cillis, M.D. Dear Chairman Glynn: As you know, on June 16, 1999, the public hearing with respect to the above-matter was continued to Wednesday, July 14, 1999, at 7:00 p.m. However, on June 16, the Board suggested that my clients engage in further discussions with the Building Commissioner, Mr. Ralph Crossen. We have done so, and have submitted further materials for Commissioner Crossen's review and consideration. Commissioner Crossen in turn has requested an opinion from Town Counsel. On Tuesday, July 13, in a telephone discussion, Commissioner Crossen informed me that he is still awaiting further response from Town Counsel, which will not be available before tomorrow's hearing. It was further suggested that we therefore request a further continuance, to July 28, 1999, or some other date amenable to this Board. Accordingly, we make such a request for continuance to this Board. Thank you for your attention in this matter. truly yours, efLIz---' ulie C. Mollo cc: Ralph Crossen, Building Commissioner Robert D. Smith, Esq. JCM/29o15/2160461v1 BOSTON Rse HARTFORD 111H SOUTHPORT 07/13/99-80S/JCM °F r. . f, °. The Town of I:,arnstablle � r + BARNSrABLE, • \9?'KA �' Department of Health Safety and Environmental Services gA .639. \o Nus h Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-90-6230 Building Commissioner MEMORANDUM DATE: June 21, 1999 TO: Legal Department FROM: Ralph M.Crossen,Building Commissioner RE: Agricultural Use 2051 Main Street,West Barnstable The owners of this property(Tri and Cillis)were operating a commercial riding academy claiming an agricultural exemption. I disagreed with their right to charge money and they appealed to the ZBA. At the last hearing of the ZBA,their lawyer relied on the Stegge(sp?)case. I told them that in that case,the court said one could charge money to ride but only if one were interested in buying a horse. The case was continued. The owners have approached me through their lawyer with the attached business plan change. They are asking now if they will be in compliance with 40a Section 3 and the Stegge case if they modify the way they do business as proposed. Note the reference to intending to buy a horse as a condition. Please advise. /km cc: Zoning Board of Appeals Attorney Julie Malloy q990621a 76/18!1899 13:09 15088333732 JCMOLLOV PAGE 02 , 0 f F Oktober Farms Stepping Stones Riding School 1 Business Plan E Oktober Farms is owned and operated by Brenda Tri and Victor Cillls, avid horse lovers and owners. At present, Oktober Farms owns two horses, three ponies and two miniature horses. Additionally, five horses are boarded at Oktober Farms. Oktober Farms' ideal capacity is for 16 to 18 horses and/or ponies, although zoning regulations permit up to 28 horses and/or ponies on the 7. 18 acres of the farm, I - Beginning in 1998, Stepping Stones Riding School opened, offering lessons in the safety, care, handling, management and riding of horses and ponies. This training i is specifically designed to enable students of all ages and skill levels to safely care for and manage horses and ponies, in order to them for the lease and/or prepare d/o purchase of a horse or pony at a future date. Lessons are offered on a per-class basis, and include training in ground work, including grooming, stall and paddock care, feeding care, t tacking up, tack care, handling and riding of horses and ponies. Classes are small and personalized for individual training on a limited basis. Oktober Farms and Stepping 1 Stones Riding School finds joy and takes pride in working with children and persons with disabilities in helping them achieve their goals and dreams. . Oktober Farms and Stepping Stones Riding School i have made application to the Commonwealth of ii:Massachusetts pursuant to Chapter 61A of the General t 05/1$/1999 13 09 15088333732 ,1c_MOLLO'r PAGE 03 r'f i ':Laws, for farm status. At present, that application is ceeding through the usual two-year waiting period. ii - �- ober Farms and Stepping Stones Riding School are also • members of the Massachusetts Farm Bureau, and insured as a farm for all liabilities. 9,, w ' i aw•;.. t 1 & t .itit 1 —. M a... 1 M. a .' . i I ., .:H ht c:; 9/1999 13:09 15088333732 JCMOLLO`d PAGE 01 Step ao, Setuted, .1( c gleeleaf Seffaa i at d .a6e4 ' azsua. BRENDA TRI-Owner Boarding,Lessons • 2051 Main St, Parties Available W.Barnstable,MA 02668 508-362.1562 Purpose&Description of Lesson Program Students registered for horseback riding lessons at Stepping Stones Riding School are instructed in the ,care, handling, management and riding of horses and ponies. This training is specifically designed to enable a of all ages and skill levels to safely care for and manage horses and ponies in order to prepare them for the and/or purchase of a horse or pony at a future date. Lessons include training in ground work, including Ing, stall and paddock care, feeding care, tacking up, tack care, handling and riding of horses and ponies. •ns should be scheduled in advance, payable at the time of lessons, unless otherwise arranged with Brenda Tri. ce notice of cancellation of any lesson is appreciated. Please arrive at least 15 minutes before lesson begins. enrolling in the program,the following information is required,in order to assess skill levels: PARTICIPANT REGISTRATION • Age: Phone: ss: •ency contact: Phone: Equine Experience: • nt Is a minor child(under the age of eighteen years)or under any disability, parent or guardian must set forth name, and acknowledge by signing below that child has permission to enroll in program: • Guardian Name&Address: re: RELEASE&WARNING I for myself and any minor child and/or ward to who I am parent and/or guardian, recognize the t risks of participating in equine activities, and specifically acknowledge that such equine activity .ing riding and learning to ride) specifically involves risks of serious injury. In enrolling in this •rem, I assume for myself and/or any minor child for whom I am the parent or guardian, any and all risks of injury and further I knowingly and voluntarily release Stepping Stones Riding School, Oktober , and their instructors, agents, servants and employees from any and all liability and responsibility on •• nt of any injuries to myself and/or any child or ward for whom I am parent and/or guardian, sustained -•nnection with this program, whether riding or not. I further agree to indemnify and hold harmless •ing Stone Riding School, Oktober Farm, and their instructors, agents, servants and employees, on •unt of any such claim, including specifically attorneys' fees and costs. Under Massachusetts law, equine professional is not liable for an injury to, or death of, a participant in equine activities •ng from the inherent risks of equine activities, pursuant to section 2D of Chapter 128 of the chusetts General Laws. MEDICAL AUTHORIZATION In the event that the above.registered participant requires emergency medical treatment on account of any accident or ..by signing below, I hereby give Stepping Stones Riding School and/or Oktober Farm, end their instructors, agents, servants •loyees full permission and authority to provide any and all such emergency care and medical treatment to this participant, • 'red in their sole discretion, and knowingly and voluntarily release Stepping Stones Riding School,Oktober Farm, and their -ors, agents, servants and employees from any and all liability and responsibility in connection with any such care or t. uardian: Student' • __ PEPEscHAZARDLLP LAW OFFICES 0 p 150 FEDERAL STREET, 28TH FLOOR BOSTON, MASSACHUSETTS 02110-1745 JULIE C. MOLLOY 617/695-9090 FACSIMILE 617/695-9255 (617)695-9090 jmolloy@pepehazard.com Via Facsimile (508) 362-5344 May 21, 1999 Bruce P. Gilmore, Esq. 1170 Route 6A P.O. Box 714 West Barnstable, MA 02668 Re: 2051 Main Street, West Barnstable MA Dr. & Mrs. Victor Cillis Dear Mr. Gilmore: I have had an opportunity to discuss your clients' proposal with respect to the driveway easement with Dr. and Mrs. Cillis, and they agree as follows: (1) if any upgrade us required by Mass Highway and/or the Building Inspector for Barnstable, the Troutmans and/or Masons pay for all design and construction of any upgrade to the driveway apron at opening onto Route 6A, with as little damage as possible to any trees, walls, grass, et cetera, located on the Cillis property; (2) Troutmans and/or Masons will repave driveway from Route 6A to the southern edge of the entrance into the Troutman/Mason driveway, to same width and location as now exists, and will also re-seed with grass the areas torn up along the edge of the driveway; (3) Troutmans/Masons will provide Dr. and Mrs. Cillis with plans regarding upgrade and/or re- paving for review and approval, and further, will provide notice as to when construction or repaving will occur, and if necessary will cooperate to re-schedule the same to mutually convenient dates. 30W29015/2/50863.1 5/21/99-JCM/B I BOSTON EH HARTFORD > SOUTHPORT PE PE541AZARD LAP Bruce P. Gilmore, Esq. May 21, 1999 Page 2 (4) Troutmans and/or Masons will purchase two (2) rhododendron shrubs and two (2) azaleas shrubs to replace those trees and shrubs destroyed when the Troutman/Mason driveway was moved to northern edge of easement. In connection with this,I attach a revised draft of the agreement previously sent to you. This time, I would appreciate a response, whether positive or negative, so that if possible we can keep the dialogue open. I see no reason why we cannot work this out, and as I have previously stated, it behooves our clients to do so, and to bury the hatchet, since they will be neighbors for some time to come. If for some reason you disagree with how this is drafted, rather than ignore it, or hang up on me again, I ask that you note what changes, or amendments you would like to see added. If you do not communicate this to me, there certainly is no way to move forward. You will note that. I have included a provision requiring your clients to purchase two (2) rhododendrons and two azaleas. I ask that your clients accept doing so as a small -- and very inexpensive neighborly gesture. While I agree with you that your clients have an easement over the Cillis property in their new driveway location, since the driveway (and utilities, including water) had already been installed at the southern entry to their properties, this new opening was unnecessary. Moreover,although your clients might have a right to pass over the Cillis property at that location, they also have a duty to not cause damage to the Cillis property. In any event, if your clients will purchase these shrubs (at a cost of less than$100, contrasted against the $700 estimate given by an arborist for the pine tree which was removed), the Cillises will plant these in that area, enhancing all three families property values. Dr. and Mrs. Cillis will agree that your clients do not have to repave the driveway further south than the southerly edge of their new driveway easement. Also,we have removed the language which would have extinguished their easement south of there. However, it is my opinion,and I have so advised Dr. and Mrs. Cillis, that your clients' failure and refusal to repave the entire driveway is evidence of a relinquishment of their easement rights, and that the Cillis may act accordingly. When we spoke last week, you indicated that you had no objection to the Cillises moving the tree branches cut down by the Troutman's roofing contractor from the Cillis parcel to the Troutman parcel, and please note that we will do so this weekend if it is not removed before then. Further,request is hereby made of, and notice given to,your clients that vehicles are not to be parked on the driveway, and blocking access to the Cillis property, as has happened on a number of occasions since construction began last July. If such vehicles are found there, they will be towed. Additionally, request is made that your client's contractors clean up any debris or trash, including coffee cups from the Cillis property. JCM/29015/2/50863.1 5/21/994CM/131 PEPS HAZARD ALP Bruce P. Gilmore, Esq. May 21, 1999 Page 3 Lastly, since you indicated that you had no knowledge of the defamatory statements made by your clients about Dr. and Mrs. Cillis, I attach a copy of the petition which the Masons and Troutmans signed. First of all, it is incorrect to term the easement as a "right-of-way", but leaving that aside, amongst the other defamatory and false statements, this petitions accuses both Dr. and Mrs. Cillis of abusive behavior towards children. Such false statements are particularly harmful to Dr. Cillis, a pediatrician. While Dr. and Mrs. Cillis, notwithstanding the barrage of venomous, hateful and false statements made about them,bear no ill-will towards your clients, and have chosen to allow this to "roll off their backs", it seems your clients are unable to let this go. Recently Mrs. Cillis learned from a neighbor that your clients have been overheard saying they will run Dr. and Mrs. Cillis out of town. Also, Mr. Troutman evidently made it his business to glare at Mrs. Cillis while she tended to her lawn. It is time for them to let this go. Dr. and Mrs. Cillis intend to stay. Accordingly, I ask that you recommend the attached agreement to your clients for signature as soon as possible. If there are any questions, please do not hesitate to contact me at (617) 748- 5528. ry ruly yours, ulie C. Mo o Enclosures cc: Mr. Matthew Broderick, Massachusetts Highway Department y fax) Ralph Crossen, Town of Barnstable Building Inspector .7 Dr. & Mrs. Victor Cillis JCM/29015/2/50863.1 5/21/99-JCMLB I AGREEMENT REGARDING EASEMENT WHEREAS, Victor J. Cillis and Brenda M. Tri, husband and wife, are the owners of a parcel of land located at 2051 Main Street(a/k/a Route 6A), Town of Barnstable, Barnstable County, Commonwealth of Massachusetts, hereafter known as the "Cillis parcel"; and WHEREAS, David Troutman and Pamela Troutman, are the owners of a parcel of land located at 2050A Main Street (a/k/a Route 6A), Town of Barnstable, Barnstable County, Commonwealth of Massachusetts, hereafter known as the "Troutman parcel"; and WHEREAS, Christopher Mason and Lynne Mason, are the owners of a parcel of land located at 2050B Main Street(a/k/a Route 6A), Town of Barnstable, Barnstable County, Commonwealth of Massachusetts, hereafter known as the "Mason parcel"; and WHEREAS, the Troutman and Mason parcels each purportedly have a driveway easement running across the land owned by Dr. and Mrs. Cillis, as further described in Exhibit A, and hereinafter known as the "common driveway", and WHEREAS, under the law of the Commonwealth of Massachusetts, the Cillis parcel is known as the "servient estate" by virtue of being burdened by this common driveway easement, which provides the Cillis parcel with no benefit, and which decreases the value of the Cillis parcel, and WHEREAS, under the law of the Commonwealth of Massachusetts, the Troutman and Mason parcels are each known as a "dominant estate", and which,by virtue of having the right to travel over the common driveway easement for the sole purpose of accessing the Troutman and Mason parcels, have the duty to maintain the driveway easement in such condition and repair as is necessary for their use of this easement and to repair any damage occasioned to this easement which occurs as a result of use of this easement by the Troutman and Mason parcels, and WHEREAS, the Massachusetts Highway Department and/or the Town of Barnstable Building Inspector may require an upgrade of the entrance to the common driveway onto Route 6A, because of its use for access to the Troutman and Mason parcels, THE PARTIES ENTER INTO THE FOLLOWING AGREEMENT for the purposes of design, construction, and maintenance of the common driveway entrance and for the purpose of maintenance and repair to the common driveway and adjacent easement area: (1) The Troutmans and Masons agree to bear all expenses in connection with the design and construction of a driveway opening which may be required by the Massachusetts Highway Department or the Town of Barnstable Building Inspector in connection with the use of the easement for access to the Troutman and Mason parcels, including any and all expenses occasioned by any permitting processes which may be required(including the Old Kinb s Highway Historic District Commission, which may require its approval for any change or alteration of the historic stone wall on the Cillis parcel); (2) The Troutmans and Masons agree to provide copies of all designs for construction of driveway opening for review and approval by Dr. and Mrs. Cillis, at least fifteen (15)business days in advance of the commencement of any construction, to ensure that the driveway opening has a minimal impact upon the Cillis parcel and that the rural and historic character of the area and land is maintained, without further damage to existing trees, shrubs, and other plants, and the historic stone wall located on the Cillis parcel. The Troutmans and Masons further agree that no construction for the driveway opening will commence until either: JCM/I23-1/2/50192.1 5/21/99-JCMB l -1- (a) such plans have been approved by Dr. and Mrs. Cillis; (b) fifteen (15)business days have passed from the date such plans were received by Dr. and Mrs. Cillis, and Dr. and Mrs. Cillis have not delivered to Bruce Gilmore notice of any objections regarding the same. (c) after approval of such plans, the Troutmans and/or Masons agree to provide Dr. and Mrs. Cillis with at least forty-eight hours notice as to when such construction will occur, and the Troutmans and Masons agree to cooperate in having such construction performed in the least intrusive manner possible, with as little inconvenience to Dr. and Mrs. Cillis as possible, including but not limited to agreeing to postpone such construction to a mutually convenient date. In connection with this, the Troutmans and Masons acknowledge and understand that the common driveway is the sole access to the Cillis parcel, and that any obstruction thereof without the consent of Dr. and Mrs. Cillis will cause substantial harm and inconvenience, particularly since Dr. Cillis is a pediatric physician who frequently receives calls to attend to patients, requiring him to travel to the hospital at any hour. (3) Dr. and Mrs. Cillis agree that they will not unreasonably withhold approval of design for the driveway opening,provided all such design and construction is done in a manner to maintain the rural and historic character of the Cillis parcel, without further damage to existing trees, shrubs, and other plants, and the historic stone wall located on the Cillis parcel. If objection is made, notice of the same will be given to Bruce Gilmore within fifteen(15) days after receipt of such plans by Dr. and Mrs. Cillis. (4) The Troutmans and Masons agree to repair all damage to grassy areas adjacent to the common driveway on the Cillis property occasioned in connection with the construction of the Troutman and Mason homes, by reseeding those grassy areas are restored to their original condition. (5) The Troutmans and Masons agree to purchase two (2) rhododendron shrubs and two (2) azaleas shrubs for Dr. and Mrs. Cillis, to replace certain trees and/or shrubs which Dr. and Mrs. Cillis assert were wrongfully removed in connection with the relocation of the driveway entrance to the Troutman and Mason parcels, in full satisfaction of any claims for damages for tree and shrub removal related to such relocation of the driveway. (6) The Troutmans and Masons agree to close the breach in the historic stone wall at the southerly corner of their property which abuts the Cillis parcel. (7) The Troutmans and Masons agree to repair all damage to the Cillis driveway by repaving the same from Route 6A to the southerly edge of the new driveway opening to the Troutman and Mason parcels, and that such repaving will be of the same width and in the same location as the present driveway. As noted in paragraph(1)(c) above, the Troutmans and Masons agree to cooperate in having such work performed in the least intrusive manner possible, with as little inconvenience to Dr. and Mrs. Cills as possible, including but not limited to agreeing to postpone such work to a mutually convenient date. In connection with this, the Troutmans and Masons acknowledge and understand that the common driveway is the sole access to the Cillis parcel, and that any obstruction thereof without the consent of Dr. and Mrs. Cillis will cause substantial harm and inconvenience, particularly since Dr. Cillis is a pediatric physician who frequently receives calls to attend to patients, requiring him to travel to the hospital at any hour. The rights and obligations established herein inure to the benefit of and are binding upon the parties hereto and their respects successors and assigns from time to time of all or any portion of either or both of the benefitted and servient estates or any portion or portions thereof, however, such estates may hereafter be divided or combined and shall be covenants running with the land. JCM/1234/2/50I92.1 5/21/99-1CM/S 1 -2- Executed under seal this day of May_, 1999. Victor J. Cillis Brenda M. Tri COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. May_, 1999 Then personally appeared before me the above-named Victor J. Cillis and Brenda M. Tri and declared the foregoing to be their free act and deed, individually and as husband and wife. /sig/ [print name], Notary Public My commission expires: David Troutman Pamela Troutman COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. May , 1999 Then personally appeared before me the above-named David Troutman and Pamela Troutman and declared the foregoing to be their free act and deed, individually and as husband and wife. /sig/ [print name] Notary Public My commission expires: Christopher Mason Lynne Mason COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. May 1999 Then personally appeared before me the above-named Christopher Mason and Mrs. Mason and declared the foregoing to be their free act and deed, individually and as husband and wife. /sig/ [print name] Notary Public My commission expires: JCM/1234/2/50192.1 5/21/99-JCM/B 1 -3- re - 2 . . . , ._. 1We the undersigned neighbors of the property at 2051 Main Street, Barnstable, owned by Victor Cillis and Brenda Tri, request the Town of Barnstable to enforce the Zoning regulations stipulating NO COMERCIAL USE OF HORSES in this area. Such commercial business as Horseback riding lessons, leasing of horses, boarding of horses, Summer Horse Camp, horse birthday parties, and trail riding on 6A and neighbors' properties, has resulted in an on- going NUISANCE and DANGER to this neighborhood. Issues of complaint include 1) The large volume of traffic vehicles accessing and parking along a right-of- way emptying onto 6A on a dangerous curve. This right-of way is shared by 3 neighbors, including small children. 2) Excessive noise: human, animal and vehicular. 3) Improper management of animals resulting in roaming of animals on both 6A and neighbors' properties, and subsequent damage to neighborhood property. 4) improper management of business clients resulting in trespassing of clients onto neighbors' properties, both on foot and on horseback. 5) Improper management of animal waste including disposal of a large volume of excrement in the woods, resulting in unacceptable odors and unbearable horseflies. 6) Improper management of human waste i.e. clients denied usage of bathrooms- defecating in woods, thereby creating a serious health hazard. 7) Verbal abuse by business owners of ___ neighborhood chiidi en;Parents and workmen, whose normal activities are viewed by owners as disruptive to on-going horseback riding instruction. • Our neighborhood is an historic residential area. We request that it remain so. Please enforce our protective Zoning laws. Print Name Si nature Address N A-ai Anne Fenn _ -/' ^-ea 607-/ l7a grimdo..T c,o4-ma n T rat)a--/ Pia rn S �(ja n uLc -Da✓► tyr uctitniar1 c � �-ram-- r.)31 rn a.0 S-f- '3a r n y b i raft RaoiZ ie C-1fl►tictA0tu C.f a vs 5 QY1a;tl , oxo aitzl ,e -.-e c, l4G 0- r�Gt,e ye, Pt. '/ k' . o3&icy ,,l)t,AI ST. Aar,v l A1L.i tom. �1RR i v awe, /441ii:sr• BA.easr.D•4- � � C/i a,Yr&S l�y-dc �'eV 4 P 0/0 ,17afiJ5 t W. 3arxSf ILtt c,(. ."i'i fiit'e v jai/Li 4.0 sus' In I., Sr. 74 e. lie) s .Q,+,c.,, A►(...oA.,.SA. n Qs- s\--f9�- . Y 6 lZo sc,cS..o\C� Z% Sa tto_t*„ gr C.�.�,.,,, 1.1 C- Flk0.-)c a - Ala M40..) 5 w. 84A-Jr* C t4ct:5 'MA Se p S. V`ti.. Zoos v w•.3 SI. -s.+-nb fiewo - , _ ,. Ly.�,rt Nv�.S a.� d .. I We the undersigned neighbors of the property at 2051 Main Street, Barnstable, owned by Victor Cillis and Brenda Tri, request the Town of Barnstable to enforce the Zoning regulations stipulating NO COMERCIAL USE OF HORSES in this area. Such commercial business as Horseback riding lessons, leasing of horses, boarding of horses, Summer Horse Camp, horse birthday parties, and trail riding on 6A and neighbors' properties, has resulted in an on- going NUISANCE and DANGER to this neighborhood. Issues of complaint include 1) The large volume of traffic vehicles accessing and parking along a right-of- way emptying onto 6A on a dangerous curve. This right-of way is shared by 3 neighbors, including small children. 2) Excessive noise: human, animal and vehicular. 3) Improper management of animals resulting in roaming of animals on both 6A and neighbors' properties, and subsequent damage to neighborhood property. 4) Improper management of business clients resulting in trespassing of clients onto neighbors' properties, both on foot and on horseback. 5) Improper management of animal waste including disposal of a large volume of excrement in the woods, resulting in unacceptable odors and unbearable horseflies. 6) Improper management of human waste i.e. clients denied usage of bathrooms- defecating in woods, thereby creating a serious health hazard. 7) Verbal abuse by business owners of neighborhood children, parents and workmen, whose riormal activities are viewed by owners as disruptive to on-going horseback riding instruction. Our neighborhood is an historic residential area. We request that it remain so. Please enforce our protective Zoning laws. Print Name Signature Address (41 f . 3 arc. t ' sin& Q , , /1.,1.\ 6'0 11,1.. 611 1990 Oi'<I /��',,� ti✓. 15. Application to•tv•ii,o,0„,•0••1"A 1 o v %lip +h + `o ogo 1. • :, ., ‘,/, �'� Old Kings Highway Regional Historic District Committee /*am �1 in the Town of Barnstable for a • • CERTIFICATE OF APPROPRIATENESS • Application is hereby made, iri triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1.973, for proposed work as described below and on plans. drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: • 1. Exterior Building Construction: ❑ New Building 0 Addition Q Alteration Indicate type of building: ❑ House 0 Garage ❑ Commercial Other_ 2. Exterior Painting: 0 = • 3. Signs or Billboards: ID New sign. 0 Existing sign ❑ Repainting existing sign ` ' , 4. Structure:)21 Fence 0 Wall 0 Flagpole F Other �{e e( -"- 1 . • (Please read other side for exption and requirements): . - TYPE OR PRINT LEGIBLY DATE N ;_:, ADDRESS OF PROPOSED WORK 2-0-0 n?u,.. ,S? AL 33i•.,lfs.6lx... ASSESSORS MAPtO. (on OWNER (7 ;if - /-t4' ASSESSORS LOT6D. HOME ADDRESS 4, E. • • TEL NO. SW.2-/564 FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public • street or way. (Attach additional sheet if necessary). • r 2��71 a�u,. s ��. 6cc- . ,er /3.2 2 itvf tent s /a.-,. ,,,.a, /�- �-� 9 _ 1, 2.,/c..0 7 7- /�oGc-rh,NW' �)^ OG 4 Ll. ao.•..//7Jist, . • 17) I i2..L-J/ S 20E S 1,14.:i ej-49-C ra / 19/• G0 74:n Tr- b.).34 ; A- _.Sea • • '7 r:� T/� how S TEL NO. y3o - ���' AGENT OR CONTRACTOR j . ADDRESS 3yN •,/Aring,i.-1L- • R.,..c wl,'/4 y. DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done(see No. 8,other side),including • materials to be used, if specifications do not accompany plans. In the case of signs,give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). Si - it) r� �•�it.►dt �,:-,, ikesc5-- iripn ..1 • •�./1 4.+. 6...c,µ:.me. / G•.2 / i 7irl Signed -.0 '. ....... :., Owner-Contractor-Agent Space below line for Committee use. • Received by H.D.C. t _E _� V E. e Cer ificate is hereby «✓ii Date `�'-'7—q 1 - ,ern e , � ' � .Ti t ' '1 1..c_.� i� 74ti4 TOWN OF BARNI STABLE '7 � � KIN .' Hl WAY • .. .,•. T. PORTANT: If Certificate is approved,approval is subject to the t day appeal period orovided in the Act. . . . . -. • • 0.....• r,.. ., • . . • 3 - .......••••• . ;',,'-. • • ., . ., • RO UTE 6A i 1 1, .,1 5 0.0 • L=152.51' , 4 ... ii . 0_ 4,11... R=92. 71 1 - ..E ,--0-, \ 9%c5 • 7 ...... r • • • -o. r ,---- • t - 11 tki*1 • -.ZN 4 '.' E• 1....k1 SA" . i4fh .,,, • I . • cz. tak 40 : LOT 1 LOT 4 LOT 2 . cii NI "I -• ii cl CI' • , /N80.00004\67 / ....: . '... . .". • 50 91 0 ---_, ---- r.i."" --'‘ \ 1... 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DEED REF: -R4.;5,11.01 . • - BUYER: 11c7JOB 4.ic_liiiriva.,i,.._caw___„_-= 1 .•_. ...., DATE: _ISA Q.694 PLAN REF: ...7.82747 _1_..,,.,_ ___ _SCALE:1 51) __FT I nY CERTIFY TO fAEFL_COD_BANCIErgair_CO,_ Fr ,.% OF '<'ORS ANDZQR ASSIGNS THAT THE BUILDING • MIS PLAN IS LOCATED.•ON THE GROUND AS , RID. fr4t YANKEE SURVEY SHOWN AND TILM ITS POSITION DOES ____._ CONFORM TO THE ZONING LAW SETBACK REQUIREMENTS OF THE TOWN OF „ BAR ________ __AND THAT '. ''Cii412al .g :. • Cei tun : , tit ., .„, ..,•,_ . ..6; . IT DOES_ Plg_t_ LIE WITHIN THE SPECIAL FLOOD HAZARD • ,,,...e.. 1.1 Apr A A Q QT-MWM n14 fin•TI! T1 Tt II VAP TIATV.11 8/19/85 • CONSULTANTS 40B lNDUSTRY ROAD MARSTONS MILLS, MA. 0?6, TEL 428-0055 . • • • • • • Town of Barnstable Old King's Highway Historic District Committee • SPEC SHEET Lit FOUNDATION C 1'3 lutA. () rt,n.c.4 -P • CoAtr-c-y SIDING TYPE COLOR ev-n.L.r t f.<- CHIMNEY TYPE N (0- COLOR A)to- ROOF MATERIAL15; LI Sc erA-- COLOR 5- G.•17" -hi flv1c 14.61. PITCH P..4-z WINDOWS 42 • SIZE 'TRIM COLOR • DOORS • COLORS smrrivERs toy — EL5t COLORS GUTTERS ( )I 11-- COLORS S ITA— y DECKS c r.t•r."-••• °°)DaTERIALS •‘7••••• ••.-- GARAGE DOORS COLORS I It q Eigt IL- L4 SIGNS COLORS d • FENCE I krt- COLOR 1-) MOTES: Fill out completely, including smaouremonts and materials/coloro to be used. Mrs* copies of this form aro required for submittal of an application. along with three copied of the plot plan. landocape plan and elevation plans. when applicable. 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"�1 H, �•r _d ;A'v 7 s rr J 'bi µ y �,WS`r (�5 ✓ ,snD e,-a..yrseeye. ',,` ,, `' p�.. ''p • . • S 1� ' T, �C4x :1 7 d r *i '1/44 ,,• f 4.' , �3''"7�rtfi"i 4 : `}L•0,,,� .a Ask �' _. il fL s t%S •��Iff . t' ✓^. 1 3L� ,.-.1. � y >il i -re: s .4k.. ''„a I`t ' kr,i r`i )''1 .I e � ny til.'�`5tr•T t r t s, „,. t '+r �° y , Er 55 y +fr t •P'. q.J t �- v_ Y)i'an r•te^s elry 7 � 7 ! ++ 2,*y. s.x e M$ r Mf'I,SMff— Mi ,� p •. ,vt '�Y" 1 F'W,{ x + 4 u '!` r f" a T•f �' �r T ,t) ' a a,: fir._:. ;,tc. z ; �:h. .Wi2+.K'"v E :',4''.'.+. x`rfi;z ,t,„0,`t s - ' ti. r yerr .+I a �^ r1J*4• a' rye' is ,,, A ors wr,r,uy ACCENT BOULDERS (Set of 3 j� " � V "�i� `" l- ,,'ti l F 4„1,rft„f�Ys , .• 1,_,,.-^r Small 36" x 19"x 12H" 90"x 41"x 24" Rated 30 GPM - 109 Lbs. Medium 42"x 25" x 16"H Color: Sandstone - Large 46" x 36" x 20"H 4"MkPSWM +'I' _!� ;t`'. L. `1T, ' +^p, ;p „ w, ' r• .,, ,W, +. :f"LJp ray ', �J it• kP!'el a ` A� ' + ".a ' t *, k''J %ift. ! ` • . ,T, fir! •tt.0, � _, 4 �•�p.. ,ir , - ''qt f.7`? ' .(r , ;t f . ' 1 t.'r'-' ....f, "ti , . r} t }, ..r - " v. t srr ei :} Ya8 N,,- .<- t� A ' " . i . r . F '�d' I .d 4-.t)Utirl--- 11, • ct. a .:k+ n fi Meh Q, . pi �" a s 1°.A . h 1 re 1i1,f > rrtr rlrs. rfj; L ;: 4wt I 1,. k' 1h }I ti � ell f . 8 ., s1 P•o-7' a }..� I 0 9 . } i••:,- ,i a;' exc 1r7l"I r `i. », , A iy 4. KY x � • t✓' r p I R 4 k 41i 41 afx k) R„ Yr, P7, A, A ilafw1,"od� P Cfil`, .. tIS .}Y o�. A Iaf; `Yet SStt .Y�! Y ", l I `A-K e-i{�.$ I P --^ , i . tzA,r ' ' . I-4yy,t—.,:-1,� t ., k.r l" . - sk ,L, : 1 'Lti.L.w a �J^w�dl�' , � w, SJAS "� Oka a.pk._ �1g,z r 1'+,5� "'PJ /�+�� I�d`.. t,�.�/�x}�.dT �y f �? • �, �n FAX * f $r ... .N 1 i I i:� n' -'w..iS Yay'f,R ive' ucson;AZ V5at.r1 _,45 O.790; ,,,.IY{ 'Mil' d{1 � � • ;.. . 'r �aa 1 - �1M1 1 ".r , p 4 t,. , , V. : . • Le i;'..9+y''i���'X s �90."e. ` .�i��� o�yr�lF 2 i+J+ i.'P'A +iw 40., ,, '" ,, x yr40.i.v"..... •- . •.., '— %it . Y ? t e +r Y Ezr�LS't-Wi7r_a' aj gl.i�Ji��t!a°i1Gk A'yi,- aey f i } e :r. 7�'+ ga3Sd$��1 Sa 4 1�'�} tarjt pia+ aa a w 1 r r iM " 4s. i,z ... -,' ?e �a,. �,id' +}4'tl�Wr.�,WuW Ai '; In 4 RY�"+:,i44.t., °�,r�,^t. sxiu � 5`tipy `��✓ v e s�+ ftMitiW +Id k� 32,1SF°'a �c,� �`_�,'3i' ei.. '' �� '1':' 5•�A•hJ t t$ � Z� yr :t. y f�'•SSA`` '�L� *'3 • # •S _ , .. ., ��- 4 - +yNA7i ..tea. .a,i'd,4"tiy'},1 f C TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ` ?(v Tic c5( use Ttils o r() -Map- * a H.O. Parcel -7Co W pl f • Permit# . 3R--9-S) ( Health Division 5 g°R27-e t` Date Issued 4 —23 Conservation Division 0 a Fee Y -5-c-) Tax Collector /� SEPTIC SYSTEM MUST BE Treasurer C�h?F '4�-o�o2-g1 . INSTALLED IN COMPLIANCE Planning Dept. WITH TITLE 5 ENVIRONMENTAL CODE AND /2 6 Date Definitive Plan Approved by Planning Board r , Historic-OKH Preservation/Hyannis Project Street Address a0 5'' ��w ` - ( Dii .Gi- 3 ) l ' _ -Village L 3 Q fa L ir.%SR a L. - _ ALA)s K3 L.e, � Owner V iC.,Vr' A : a c-t N x s Cl 1 lq!' Address 2' .5 1 (.ria t 1, L QQ.nr��j--1�,U Telephone 3 C l s( L Permit Request t I � d, ) I( ' 4 H > Tr)L.)i> (2- -6 L . Or C C o fix.Li / Cc,"•\..C-v .rk.,S C corri---2, Square feet: 1st floor:existing proposed 2nd floor: existing proposed - ' Total new Estimated Project Cost .1 So o Zoning District Flood Plain Groundwater Overlay • Construction Type Lot Size C_ i 1 C Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. , Dwelling Type: Single Family Tr Two Family ❑ Multi-Family(#units) � Age of Existing Structure Historic House: 0 Yes ❑No On Old King's Highway: Yes ❑No. • Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other . Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) • Number of Baths: .Full: existing new Half:existing • new Number of Bedrooms: existing new • Total Room Count(not including baths):existing new First Floor Room Count 4 Heat Type and Fuel: ❑Gas ❑Oil 0 Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: 0 Yes ❑No Detached garage:❑existing ❑new size `ool:'4 existing a ew size 1(n14 Barn:❑existing ❑new size • Attached garage:0 existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ 6ommercial .❑Yes g No If yes, site plan review# - . • Current Use R es ,.�o+.,�.. .• Proposed Use 1( -ti 6) ( L r BUILDER INFORMATION Name RL.C.V- 401,--Cv P Telephone Number (-1210 [4.2 Address I b, (Yclç' Vti to 7 t-1-3 License# •COST 1? L. - ga (V' . cs s "i 1 \ J Home Improvement Contractor# l,V ) 1. Worker's Compensation# '7 Pu, °-117 .)009 C le • ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 1.-)--a -e v•>J SIGNATURE t vk , DATE 2 P FOR OFFICIAL USE ONLY .• • . PERMIT NO. DATE ISSUED - - MAP/PARCEL NO. • ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME. INSULATION FIREPLACE ELECTRICAL: ROUGH r FINAL PLUMBING: ROUGH FINAL GAS: ROUGH. FINAL FINAL BUILDING ; • DATE CLOSED OUT ASSOCIATION PLAN NO. • r = 6.)01, '462 7 Ci'vt../( k p t - ; I • Application to ® Bi wit ,. �� �► .5 9 9: --..,--,-. 1. Ot�t`Ifi pPtt.A� . ♦ . .. /' -, is Aiiii.„As- ^ ` Old Kings Highway Regional Historic District Committee in the Town of Barnstable for a - CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under Section 6 ofhapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drags or'photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: "" , 1. Exterior Building Construction: ❑ New Building 0 Addition 0 Alteration ' -,-! ; Indicate type of building: 0 House 0 Garage 0 Commercial Other r.N, `Y 0. ' 2. Exterior Painting: 0 '- £-'0 3. Signs or Billboards: New sign- ExistingsignRepainting existingsign 9n 00 9 0 P 9 � ��;�=� 4. Structure: Fence 0 Wall' 0 Flagpole la Other �{ a.' i • ', -.D (Please read other side for explanation and requirements): TYPE OR PRINT LEGIBLY DATE ADDRESS OF PROPOSED WORK 2-0s 1 f7/24,'" ,S ! Ai- 34,01s/--1.61-x- ASSESSORS MAP NO. to OWNER ( ,1l (x /-c ASSESSORS LOT NO. G-71, 5-tr HOME ADDRESS 41.47.71 E- TEL. NO. 34.2,2-/S&-i • FULL.NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). • tP.-2 -c 2:(-17/ 07/-i, 5 r LJ. ,R.„,,lis.; , ,,�'_e--U / %32 2 /t 75 ,94 / OGfc... J/ /,l rag.-,,J 1")RG /,.. .i ' s .20F6 if/.l4•vt e'.rs3c Pi / 19/' 074,o. Tr- 4-1• /..,//WA'6_ (`_ • AG �. .. Z AGENT OR CONTRACTOR I "^< �hGf S�.,Lc TEL NO. y3v - �a - ADDRESS 3iH .ye.PiY k ie., t,.-),'/k v DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done(see No. 8,other side), including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed y locations of new signs. (Attach additonal sheet, if necessary). 61L,( - /O k(? fa /4,,,.LA /y).•,,,' r'' Sys A 459 181V 11 \\11 0 e,e-rti - ee,-/0:,. Gir.. /J v �A' ` r �, /ram.✓„ ; �,., ..,Signed 1c'' , , _ Owner-Contractor-Agent Space below line for Committee use. Received by H.D.C. 44_-t u F . 1 V E. 'he Certificate is hereby 40,../Z i/F=C• Date ! 1 pD ! QLQwcM& rod), I TOWN OF BARNSTABLE pp KIN S Ht WAY Aroma IMPORTANT: If Certificate is approved, approval is subject to the day appeal period provided in the Act. / , _ . _ V^ L !: -, SY: • S ADDITIONAL INFORMATION FOR MAKING AND FILING AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS The .four categories for which a Certificate of Appropriateness is required are: (application for demolition or removal is a separate form). 1. EXTERIOR BUILDING CONSTRUCTION (new or existing buildings): An.application is required for any exterior of a - building to be erected or altered including windows, doors, siding, roof,light etc., that will be visible from any public street, way or public place. The following scale drawings are required in duplicate with application: plot plan (if addition. — show existing buildings in outline), floor plan and elevations. Also required are snap shots of existing buildings, where additions or alterations are to be made. No plot plan is required for addition or alteration which does not touch the ground. 2. EXTERIOR PAINTING: An application is required for any portion of a building, structure or sign to be painted that is visible from a public street, way or public place. Color samples must be attached to these applications. An application is not required when repainting existing colors, changing to white,or using colors approved by the Town Historic District Committee. • 3. SIGNS OR BILLBOARDS: An application. is required for any sign or billboard to be erected within the District;with the following exceptions: . a. Existing signs or billboards on November 27, 1974 shall have until November 27, 1977_to secure an.approved Certificate of Appropriateness. b. Temporary signs for use in connection with any official celebration or parade or any charitable drive as long as they are.;.._. removed within three days of the event. Certain other temporary signs that the Committee feels does not detract from the Act may be allowed with the prior permission of the Committee. c. Real Estate signs of not more than 3 square feet in area advertising_the sale or rental of the premises on which they are erected or displayed. d. A single sign of not more than 1 square foot in area showing the name, occupation or address of the occupant of the premises on which they are erected or displayed in a residential zone. 4. STRUCTURE: An application is required to build or alterr any structure within the District which is defined by the Act as a combination of materials other than a building, sign or billboard, but including stone walls,flagpoles,hedges,gates, fences, etc. , GENERAL REQUIREMENTS 5. Work on projects requiring approval shall not be started until the Certificate of Appropriateness has been filed with the Town Clerk by the Committee. Approval is subject to the 10 day appeal period provided in the Act. 6. No changes shall be made from the original approved specifications without advance approval of the Commission on an amended application filed with the Committee. 7. A separate application must be filed with each project requiring a Certificate of Appropriateness. 8. Under heading of "Detailed Description of Proposed Work" give detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors, window and door frames, trim, gutters—leaders, roofing and paint color. 9.•Unless application is complete and legible and all material required is supplied,application will not be accepted or acted upon. Copies of the Act establishing the Regional Historic District may be obtained at the Town Hall .. ' , 'I I Town of Barnstable -LID Old Kin 's?y. g Highway Historic District Committee SPEC SHEET FOUNDATION C,'r.-t-4 � 13 lu e-L s r-Lr, -P ,ti�►: (---P — �.�c�� . Co of —wv-y SIDING TYPE , d—a— X` — ` ' �1.,..kCOLOR w-r-i c.r w-r 7 tJl-•-1-c CHIMNEY TYPE IvI/A- COLOR A)to- ROOF MATERIAL(75;f t i o„ a1 Sc COLOR S,(v6. r n,. J"11i al tic ii AI w.--- PITCH ( 2 P'. L WINDOWS SIZE TRIM COLOR 'l�(n:`'b. /k-) cA.,--v, DOORS \ L — .K-. LA-- A-t-c j..�) COLORS SHUTTERS `I vy — i.1.-4_ A-1- -z.L.., COLORS GUTTERS BJ i VA- COLORS •,---- DECKS (/' ,,) '' Pvo I)MATERIALS GARAGE DOORS ` Id1tA— COLORS D ®TDi SIGNS COLORS � . O FENCE I + k - l.--) kt'�s COLOR ti k: b.. - NOTES: Hill out completely, including measurements and materials/colora to be used. Three copies of this fora are required for submittal of an application, along with three copies of the plot plan, landscape plan and elevation plans, when applicable. SPECS= R 0 UTE ., 6A N8 1070 00'E w.1+— L=152,55' .I,a.: R=92. 71 .:1_ 1' . I �\+� o 5,4 p„E , \++� \ m N7 U .' A x . w\\ h� O Q-\\� /�n • r{' LOT 4 w(u .� , LOT 1 \\ LOT 2 zv , ui I) NI N80•Up t y{ r� 28:a' u o 0 8„nr 50.pp\_ - -0- -, , _ <I!:E v S8D vl'1 _ _ JAB 33 48 i�+ i0 i77 .../ -- .27 Q . . - _ -� . [N r - t 0, • ,,:. .CAR , r74 -- 01 ',rs +o. ' 0 '�•.3 PORr !.'./ `r U 61-14 a1 �. M I / %i! E2051 .i y i\. .. f_.✓q° 't } `- u y.f, 1i ` :..( ./I- +) :.. o /AT /If "A" <'`e4\\e-S 0:e.:..: O. r 4/ .� ! ', ��t t-' 0 e. �u�i,, \�� '-� ,, �` TAIL,.' � , _� ' A ! i `\J - ' •I��30w � L T 3 1r ++ I : r+ 11 S7I w\ ,37 •o \�io„ COMMONWEALTH OF MASSACHUSET7S ,3 5 RES. 7t?NE. „RF,'. This MORTGAGE INSPE'C O -, ar, is for FLOOD ZONE "Cr" an Us TOWN: _ M$ARN LA ?LE .. REGISTRY OWNER: _ AY! _4FFIGL4TE'S:____.____ -______ DEED REF: £25/19f _ -BUYER: JZCVB_J BlfENI1A._AL_.CILL1S_ DATE: _ 1,2/02-94 _:____ PLAN REF: _38�2 7 __j�, _ _SCALE:1_ '`= 150 FT. 1 fY CERTIFY TO PE_CQQ_BA1YK_&_1' 11S _C'Q__ o OF c'ORS AND/OR ASSIGNS THAT THE BUILDING �. ,1 ' y' YANKEE SURVEY i .,ii..�w . ,HIS PLAN IS LOCATED, ON THE GROUND AS ,� per. �,, CONSULTANTS SHOWN AND THA l ITS POSITION DOES _ CONFORM t l Ei4 a i TO THE ZONING LAW SETBACK REQUIREMENTS OF THE ,. 40B INDUSTRY ROAD TOWN OF BARN3ZA __. • AND THAT ' '. MARSTONS MILLS, MA. 0?048 IT DOES_ ND, _ LIE WITHIN THE SPECIAL FLOOD HAZARD -W TEL 428--0055 AREA. AS SHOWN ON THE H.U.D. MAP DATED_$ 49 _ tAiek',; , ,, � .. �,'_.__ FAX 420-5553 MonumentalIron Works000 ___a_ _w_-a�a_ _ ...••O• •••••. a Al- E-1 Estate Style with Finial Tops,Curved Top,4 Rails, Estate Style with Pressed Point Tops,Curved Top, 'ails 2 Rows Rings 1 Row Rings _4 ---_ ......1 II , "r;"*';'.-.. . ' : r /, x r B-1 F-1 —_ j _-- " ____.----:725 " Estate Styk with Finial Tops,Curved Top,3 Rails, Estate Style with Pressed Point Tops,Curved Top, 3 Rails 1 Row Rings l' '1. ..4;".'' °Z...,..., Cl- G-1 Estate Style with Finial Tops,Curved Top, 3 Rails, Imperial Style,Curved Top,4 Rails,2 Rows Rings ,!. • . • •o00e Cr'�:. fi •w.•••••' '�.•i•!N.•• . . .•••• •••_•••_•_•••,4.__•••••••• ••••••••••••.6*..AM• ift ii° ., D-1 H-i Estate Style with Pressed Point Tops,Curved Top,4 Rails, Imperial Style,Curved Top,3 Rails, 1 Row Rings 2 Rows Rings .4..--- . •iS Ar.-. 1)\\Or 0 0 ID 1P lk P 1 N 1E 1{-1[ A R JR\ )0 JEt 0 ID U(C'1r S Post and Beam Garden Sheds -- t. ra,‘s in _ - --- 4, _- A , .„ '-_---,-,-7,47-- ---1-N---,---77„-.,• .' ',t--• firsv.x."r7.A514707-7/71!..ma .,- —_, 7,-(1,77.7:___ ,--N, ,°1 - V. -t-tv•* ---1`-1 ,.-:-:-------Yt'''---:-.--- .';',-- '- ',. \ -:' -1. , 0 -,,,--;$•,-.N- g-:'t,,--:--__,, 4---,d. _.-_,--, .. - .._-,-_,-;ttz,r-,--,------:.-- ,-.- t, 4, - t v.;,,,, t. , 4 --114.t, 7" -:-7,..':•tt P"--A-,-P7-7*'' ''-'-- zALk--- _. 60-'-' 0,4.41$11WP ,,- 7r..4 ',:.-7.---7'7 „1.," It.,,, NI, , vc, ",,,.• ' - ', W.4-111;f i i Fr . W--_'- Ofr - .- ---" '''''". _ _,.... _.41 :".. ._.,:---'•:---P:', 71 -- '' "; '17'.- 1 P'. '*. ,j;, , ; VA. - r_,:-,..4 _ ,------ '7-0 7---=, tr' ' '' ' ),,4,„.-;-,•It. ,- '-,.1- Salt Box Design k _ t, -4l 1A ' $ 8'x10' 1100 1260 8'x 12' r - 10'x 10 1380 10'x 12 1496) ' ' '10;x 14' .' 1760 lj I ,__. . .. _ ,,L--• '.. , -6 2040 ,, _'''''-1 10'x W ...,- -„R:fri,1,- -': 12 x 12' '1780 .,e ,-- -- -12'x 14 2120 ''''!-'_-61,1V 7.• , ...q.,. --' 12'x 16 2460' 1, v„... : -",,Z:.„1",1.*:-'3::s:-._iia„.. :%,:11.•.-rt-.. ..,,:qi,,7.,- "'A., 11,4 ,,, 2,:-----,:,C.-tj--t„,--;-; _-_--„,,,-c.. ,,, -„,..-„,,,,_,T- _,,,:„:--„„.._------d..,---„, ,,.„,i,,,,____._,___;7„,,,,..„:„.,„•,_ _, , Even Pitch Design I,:,;,z,;44_-,m:_'' i1!e077,r._-_;_14.,t,. v.,:- -.:-,_i i?, ,-i..17.:,::1:,-,,:4,-,..,,:.--• ,4i..,,._4,i:,I4 ,',:,r1,,,#1,t,,t i„'L,1-..,:E:,w:,,- 1, H:::ZgaCnZ htesCi:s 6x8 $ 900 . _ -k *Ridng Mowers ... l • ' --3--16-11-r,, ir.--1T-mi- f --7:---71-1 i.,---,,x.--tt.",-, 4--•-5-1 , 4, 1, , ,t„.,1 •Workshop 8'x 8' 950 '6: ',, ,yit ,.. ,.444-;_,1' , __--,-.141 • .-;-4-- I „41-. Lrri ...,, r-„ IP ,F-A_--..i: ' ,,-t-k: '_- - ,--:-;,:„ 8' x 10* 1180 P ..% - t...-..,-,_ ,- '-- _ ' ' --,- kt - ___ ,,,, .__f-1.-;,,,,ZP4.1-_--P_P"-' _i' - P Pr_----- ___ " P-----_ "" l',•-n- - ' ^, _% I 8' x 12' 1 Jou -,Z. --'-`.--=-.-_ .".= , , -- 1,..,`-'—' s RAI ` '•:•-:;,-,... 4----- ' ' ;-- - _--:),,:r „:-± l;kiria,z; %;,,,ifIi,l'?7 [4± : Garden n 10'x 10 14— ---'-i-T 1,, .,,„,-,M,-,11, 1^ ',,.c -,,,,: -=', t,' ,,„,„ v., ::4,,e;1 i''''-'"_ ' 1' 1 r lir% ,, '' - ' 1" -1.2. ._ — i ';' ',..--.a 10''x 12- 1._,7ti - ., ,, ,-n___ -_, i.-----.. T-1°°ract-tsor 10'x14' 1860 -1-44":, -- k , - - --2 - -' •-----4_„41'irirl-T.--. .,-..-4.- ---''' '' - ____. •Outdoor Furniture 10'x16' 12'x14* 2320 4, Pool Supplies r - 61-1Akii -.1,. Of, \ ii--rj-crt,.>;- -Bicycles ' ' 1640 12 x16 .1 43 '---r-` , I ' 508-771-5007 s, Ni A o2 S 6(..-' 1)-) , . , 1 '59 Queen Anne- Road s-,, 144 rain]OLItHh 1--Na) ,- 1 4' ',. Hyannis,(Willow Harwich, MA 02645 ' - 508-430-2800 QCPRO) 1-800-368-_SHED (743 3) The Outdoor StorageSpecialist i. , Licensed • Registered • Insured • 4 0 d� . T. . ,.., ,....,.,,,,„,,,,,,,,,, . ., Icc,,d Sty I C '", OGD PR09�G � - - - '+ Since 1980 Pine Harbor Wood Products has built thousands ' 11.11, 1 L of post and beam sheds throughout New England. # l ; '� : x� I if , Our family owned and operated business would be pleased il;j s';k t to quote you on one of our designs or custom design of your E I+l a r choice. ? �' r, �� All of our quality crafted storage sheds are full dimensional, r d 0, ,, sawmilled pine. We deliver and construct our products at an s � `# 7,y:' "' affordable price and on schedule. 11, ; g' Sheds are precut at our shop and usually assembled in one day on your site. 5 i' x Thank you for your interest in our post and beam buildings. bx r+, ).a °;� Please call us for more information. } I � _ �" ,,,,,inda --„„,*...-..„...„,._ „,.. , :-,-..:„....„.„.. , . . _„,,_. _,. .i_1!“1. f '.•- Iii Our post and beamhsheds are built on your.property.Our, g ' :,:, standard sheds`come with • �t tk •Concrete Block � ''� `f-''' +, •Handtrtade oak'handle },i . t,, ,LL I ;,"g,"1.4*, [TN, u= •5/8? plywood floors 2 x 6 Pressure treated floor framing •Ramp r •Stationary window r �l 11 :Ft •Post and beam frame ' •Shutters and'flower box r . i •.Board and,;batten siding, -'•Asphalt shingles _•36"door •8''x 12".louvers for ventilation e ' ,... � �� •Heavy duty hasp 3� -•'-''''' ' s',Ir>` ; ' � Customltt t 16' Available options to further customize your storage shed: f '' �,� ;, s •Double Doors •Extra Windows ;; •Higher roof pitch •Longer Ramp J •Double hung windows •Loft , w •Cupola •Cedar shingles . ,� fk •Cedar clapboard •Sona tubes t_ ,' , •Work Bench •Shelving R ' Jl t t Give us a call for pricing on options. { '•Please check with your local building department regarding permit requirements,setbacks and other regulations that apply. i „ ' •Payments are due in full the day of delivery. Credit card sales ', r must be processed before the delivery. No exceptions, ,:f.-t:„- "a • We ask that you properly prepare the site location on which the t 7' Custom 8 's 10'Saltbox shed is to be constructed.Trees, shrubs,and miscellaneous items ' —" < .. need to be removed before we arrive to do the building. •Please notify us in advance if the site you have chosen is not WARRANTY accessible by truck, or is in excess of a 50 foot distance. Sheds Pi near Gil arboruarantee Woodagai Products provides you with a Limited One(1) are built on location for your convenience. Yen defective materials and workmanship. •All sheds come in natural pine.We recommend staining after Damage by accident,negll di is included in this guarantee.The warrantyect periodornatura begins uponsaster compnotletion of construction to preserve the wood. construction. . . . . , P ][ N ]E 1H[ A11Bon Woo1D PRoID) ucTS ... Post and Beam Garden Sheds ., � ! ' T, y.''' ' ' 8 x t2'Saltliox w/optional Xtra�window and"cupola �. I tee _ ;4, a1 , . �. _`-- _ Mr r--------", . ;.- , - _... .,..,..„t , I.... . r E , '4 .f, Salt Box Design a t 8'x 8 880 8'x10'. .,. 1100 8 x,12' 126b • 10 z.l0 1380 10'x12 .Fti •1490� 10'X14 1760 A } 1' _ ,,< l0'^x 16,• 2040 x1 , , _ � ,,i : • 12'x12 Y1780 , ' <4 x 12 x 14 -' . '2120 ' , } • t': A 12y'z 16' f �2460 ,:sf ' Storage Sheds Even Pitch Design ` I 1 , - # 3" �r I Have Many Uses... 6'x 8' $ 900 • i , • 8'x 8' 950 1 t •Riding Mowers 8' S} 'fig k c # 4 , t , ` . x 10' 1180 .: •Workshop 8 x 12' 1360 � . 1 i ° � � N • Garden Tools 10'x 10' 1480 � �_ - � � ��; . -. •Garden Tractors 10 x 12' 1590 ' _, 10'x 14' 18601. •Outdoorurniture 10'x16' 2140 12'x 12' 1880 . ,-f -, w l •Motorcycles - 12'x 14'. 2320 •Pool Supplies 12'x 16' 2640 4 E HARgO,P •Bicycles 44 �C 259 Queen Anne Road c 344 Yarmouth Road (Willow St.) Harwich, MA 02645 0 `' Hyannis, MA 02601 508-430-2800 °D PROV 508-771-5007 1-800-368-SHED (7433) The Outdoor Storage Specialist Licensed • Registered • Insured r o . PINJE Jr-i A II Post and Beam Garden S' ,› .- -'6'. . lr ,r ) WOOD ipRoiDlCi[ FS heds µ T� "f � � w x l a�S il7(��Sul c pttt�raal ttiw iva��d�ti� yr-1 r� .1 , , '@� clip Y „�r��4'wri.rl __ r ,.,..' do gi�101'r . - i"' i fir- y- ' = .wry p .:- ,.' - s 4 ' i ki .-- 1 stall 1. $ ' �� t , . M. ' lb'I 4 q Salt Box Design -- -' ' ,. . 6' x8' 8� 8' x 8' H0 ' 8'x l 0' 1100 2040 8'x12' 1260 II, 10'x 10' 1 ^ilk ",4 10',x 12 1490'( a 10;'x 14' 160 LF 12'x 12' 1780 ' y 12'x l4' 2120 ' „ • ` 12'x 16' 2460 ,� ' a, ' r °° " Storage Sheds Even Pitch Desi•gn 6i IV � � n I' 11 fi'x8" $ 900 ,7 1 , t „,, l i _,{ .1 S Have Many Uses... d1 € •Riding Mowers 8'x 10' 1.180 ��; - .lam •Workshop 8' x 12' t360 - i '€i `x 1[�' 1480 - _ _ •Garden Tools l0 x 12' 1590 - f •Garden Tractors rir _ lfl'x 14' 1860 F 'Outdoor-Furniture 10'x 16' 2140 - 'T , ��e - 1'• - war �� n. •Motorcycles an 12'x 12" 1880 1 t- • nt'� � ' ' ? 12'x 14' 2320 • Pool Supplies 12' 16' 2640 l Bicycles ueen AnneRoad 3 a ,�c uth Road (Wilk -j Harwich, MA 02f 5 _ �' Hyannis, MA 02 O1 5 S-430-2800 1 �� 508--771 5C 7 i 1 1-800-3 -SHED (7433;) j The Outdoor Storage Specialist Licensed ' e islcr ci • lrrsurecd. -.�__.- -e .__Yews-- r ,_ r. ... -- - - __ a>< . 1 ✓ I n .. i iliii....,, __„._____ ._ . :. Ii1IiiiiI1i ,�orJ Iii,s111: __--- = . .. .. _._ . __ 51plN ,e A.1 /^I} I I I i 11 `CONUCET -. 3LoCK v • C50aD) ; a ' . i l , •Fr,oUr I" PINE e_oOF -BOA-RD 1 , • 2xy 2AFrE�s i I DIMEN10 oil L._ 1--)1r..►a I : I i i - ALL S�E Ds 1-}•A vE. I 6 Cni D Lou ve as • n E s a x y" c,E.LA-rc: 1 i i CNtr Sit-pow N) .4 X y ,TU P PLATE • I • y•r)14/ it 6LOC.KIN�r. it 1 C e-,g,,, zx&r Put 11J5 ; I • Pe sTs I i I I : kp :` ,, 004 . eves Pl4ch , . . ; . : i. : ; • , )(,) /1\ ) 1 (:--AIL__./•-i t 1 , •... -I ,I . • _ 7 ..7 7 --....---.7...:-. .. . -- • • • • II. I I i . _ _. coetk , I I L_ .-A--. 't-----1-7- T 11 ILL'i I 1 I I .- .._ _..-_ ....._> /0 gight 4(Xt. re,OUr __. .. . ....__ ___...__...._.. ... _ ... _ 1 , I I , 1 \ I , , r 1 . 1 _.. i 1 . 1 1 I ri 1 1 . • . 1 /0 > /,'—' r-CSC./� Gd•�Ul,.-,_a.L p/I-2DO /�S - / ✓trta., V • • • • a.-vim...,/ «l /2� / h _ 4 /X-.'eZ — 1 � DESPDDUtS FORME Eoba odetrs ,� i� e • � = 6 t"x 45"x 22" H PSW Rated @ 20 GPM � _ _ .� w:- - it S' rVyu'.w € 60 R.UJ• ' {°■ ... °' $' ry Color: Slate Gray P €I ,,,;1/V:. t4 rFao,, , .- ,-,J, 1 47:, sn,I� � i P3 �, i r,. a 4 `d k 4 ._ a�',r I� ri -R r fie.";0.� r ..7 °I IYI€y'6p 5, +1 : "f"� „'� , ' .. t a--- w��" 4,47.7.1� • a -r • 1 t; a �. € r� � ,. ,— , " qt r • "er"I r z s r€ d � h „ a. ».r � I I, � lit. frs � '' „ J'Mr": � E r 1 1� , G' _w - � e .. a PSt' i-' ,rol, r F ' C 4...t.., ^1 � - q �" - -1,,, i , 7a : ,«�"�.� �„t ram , r -� ��'�„ w�����rc. � ` = � °} .„ . ,- ._ .fir i y iif t,' ,11' r fr a �4, .� ._ ,,, "�4, y,r 1 . :$'$ ; *�q r " I ," it 'sr,a,A R d' #'-''w G_ a ie 0 Y * +.€1 ,Ii • 'M�s,' - -k.w,." ,� •� - ;fir 4. *.�„'_. ._ rS is, z r ACCENT BOULDERS (Set of 3) I; � w"} _ 111I II1 Small 36"x 19'"x 12"H 90"x 41"x 24"Rated @ 30 GPM- 109 Lbs. ❑Medium 42'"x 25"x 16'"H Color: Sandstone ❑ Large 46"x 36"x 20"Hfra �qil, � - � T C ` Iciiir y lF . x � w. 'i i„. P. '-1 i"-b.M ` . ` � t n ° 3�. .i-0 s3 w fCl ii y}�,'r p" , ATM'•. -:te I w I`I -.,-.. : " " ,,la .J' 4- ,, 75iy am`' a^t'+l° r =a'9 =� dAl4.. ,ri _,,,,._ , ,,1„,„_ _,„ r'''" #'sue -- _ �}., ��,c 3,r :ti—L.74 i �t j "` €` f -- q' - /- - ' r >_ yi•dtt+ s t S t 'h", `i ��tut; 7 11#u r , ,'!.1"r i... IN�. , -� Ef r ��1' 4 9M1Ip.. ,dlw• ry. -, , Y I �' x r._a. ' e �,' '`''k 'p+f' ��' j - 4iM. -'' 9 .21,,e,-'''-4 4._ 4 4 '4,4_,':-;',_ a i„,;.F;.-4.1,-; ,-,,---- -_ 4-1041---0"'N. ' `%i, 8{t.V 60rr ",H € "1 qpriwt Mia .. Fi € Rated 40j GPM , _ 3i; X 140 Lbs. 1 t _, ��. � , x '.ram �,s r '3u /�� � -_ III Color Sunset Red a i - fi ` ` � 4ITC"7tGIe l 5`csor 7 2 -538680 -737ofI F 383a raar a _ eaf DryZ1 , 90TOOAX152 . , ..-- 7 ,-.--7-'.- -,, -----1.- 107.! I -7a:`.•=-' :tri, ., --' ----7-7 --.--a t T Iiiiiiik-lt;t1;;-7 '''' ' i -V_''.4a-_-'4Vin "'"" • 1. C .:'. -1'!I' AA' -(--,.,f;-„e.--,A,' -----''.-:- --.- -.1174, f--:, -444xik, t ;ah::: - .-,;...- fl -_ , ,,,',_ --', ---'7.'--e 7 - '"C -t . ra-tarr.i '-falvi, '-±-- '-__ r - . ;.-rairt Taal alori --Itel '------ t r4..,L znitwAt ir„,. .----z, ------7 '---:: •,4 —- — _",-4 -4 .----A iT'.., ...;171'1'.7. 1.141117--7V .. M ,,,,Illki*I! IL' 3.4' 6_:_ '-'''' ,___'*. -7.1, i lit '-.---- -'-,,_...._- e..,&tri.„7. -T-Palrf:1, 7,,c -i.F-= M. .--, ,' ,4 - " --72 , -x- - ..77-t.s1.,---- ,-.-!--$:, ---,,. .,1,1 z...- - --,-- fiti.,:z '-: -'.-- -, -,'-- , Att`'E:t_ __; ..•,--7,„,,,. .. -I 1'1- Ii I r *re.- t. .4-- a0 . (.---f"\J ,, • t rya „,,._ `" ✓/ee �' '= #, DEPARTMENT OF PUBLIC SAFETY CONSTRUCTION SUPERVISOR LICENSE Nu.iber Expires: Re€tricted to ; d.�dy . 1 G �: R:ICNARDI J--THOMSON P060Xx1:6X.j� „� -... ATTLEBORO, "NA 02103 t, • � y `{' I t °•: 3 En CONTRACTOR ' led— .714x ,oi pt oy '.-W,,,..',7f,t";%:,;,: 'II -1-r _ ,• _ g SCR Y. •'�'K}Yd/ io"X,..x+ - r1 �, x a :4 4,T° `i.rr- "J µme,{ ,>;� •, 0, - i x S` ` 1, z AV: •x, 4, 'o •.: easan 3t ., V K_TENt3TAB7• fe--* -'* The Town of tarnstable • 1659. Department of Health Safety and Environmental Services or�e' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crosser Fax: 508-790-6230 Building Commissioner Permit no. Date L,/l Zi( AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other • . requirements. • 1 Type of Work: C S c o�t...J r,GCS Estimated Costl SO J n Address of Work: 2.a S I M Q‘1.• S'j (,.j l� �„^^..s �c Owner's Name: VI C► '4 v r,r Q •<t-' e ct L l `J Date of Application: (412 L (vi I hereby certify that: Registration is not required for the following reason(s): Work excluded by law DJob Under$1,000 Building not owner-occupied Downer pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereb apply for a permit as t agent of the owner: Li, -2_2/v ic -n—r1--- ) Cr l D 7 } c?' Date Contractor Name Registration No. OR Date Owner's Name q:forms:Affidav "....:-...;,...-..'s. The Commonwealth of Massachusetts . •-•,-.1.-:-- ,,•-•,t=...._. _.r4 Department of Industrial Accidents .1.1 i;7:•. -i:4kr--:---±=42.:I. • 41 •,--• .., ,i,,....:..-•:_-.1 51 Office of Investigations • 1/4,.a 600 Washington Street Boston,Mass. 02111 Workers' Compensation Insurance Affidavit • nrig.Altdrrerli;iiintr,„ /.. / . . ,.7///i/ -„„ .igrigAitiffaiggfr ... name: location: city phone# El I am a homeowner performing all work myself. al=a solyronrietor and have no one working in any capacity. , fire}l am an employer providing workers compensation for my employees working on this job. 4`7 . . company name: . •- : .. . . . address: .. • . . .. • . . . , .....:..: city: phone#: . . '..... insurance co. policy# . . 17„ . V I am a sole proprietor, general contractor, or homeowner(circle one) and have hired the contractors listed below who have • . -the following workers' compensation polices: .. ....... company name: FT, a_c.--c--,) DOA o cs 1 1 P--.111 .. . address: ( cle,),0 47C— -7( • • • •:.• •-:-. ' r A•-)—:]:::::i:::::e-) ...( ' I .:•i:::::::-:::: -.ii._:::: .,:-:i:!.::-.•.--.•::: ,: city: 1.3..1;-...S.4, Y1(1: • -. . . phone*: t> If Li .:. •.• '":' ' '''''''' :: :••••,••..-- insurance cm .-.-:al'. AQT,L ?0 . . oii,,#..y fu...q.'.::.". '3• 7\-v.71744:6P-e;::...A.4Ae•.H.i,5:4'.1.3:,:.::i'f: . -- . ..•: ''''''' i i::-:::::••.•-: : • . •: •• • ,:•:::'•::' : : •: •:::•:,fi:,,i'::'•:'••:•," i•:,.•:•::•::',i:i:,.;;,:.::;:i:::i:i:i::::%,i,i:::,:'''••-.. camnanv name: • . .. . :, :: :!..]::. .:'.,'.!•::],:]:.i::..:,i:::ii..:;i:::......:. address: .. ... ..•. ... . . citY: ... phone#: - ' ' -- -- -.''''''''- .:••••••• • .. - ., .::,:•••::-.:::,i.:' :.:.......... policy# •: ...• ::.,...i.i*::i::,.:.:,i.::.: •,i:ii•:::::.'.i,i"i••:.::.•::]§::::::i:K:5%;:i.:.::*!.:!.,i:i .i.i.:.:•-•:... . . . .. •... ••• . - • .,• ••.. .. :•.::::::?.i".!:::-:::.:.',..•:;i:i':::.::::'..::• Insurance co. .. ii•;#3YziOddi#03****MaWfig#40, J. ,e/..e. / A Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to S1.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a line of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby cert nder the paüzsjjj4 penalties of perjury that the information provided above is true and orre Signature t i i "-- -kr‘-, L---,..., Date g Print name \ c V_ - 1-<•,:)14.-, 'Li Phone# LI 2 0 t 62) •- official use only do not write in this area to be completed by city or town official city or town: permit/license# . °Building Department °Licensing Board check if immediate response is required °Selectmen's Office .i,..: .. • ClHealth Department contact person: phone#: . 0 Other t:. ..k•'-,,-, ..: . .z...y.,,,,:,:.5.. ... ..,..aloaagsavesaavassozomp.,54*- - ;..t$A:*-..st,-,,,.m,,....4.*.* . .•4. . ...' ' . (revista 9,95 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any cons-.::, of hire, express or implied, oral or written. An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receive: c: trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or Iocal licensing agency shall withhold the issuance or renews: of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. • / / �//ice / Applicants • Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and- supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for Cnnfirmn*ion of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned io the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number: - The Commonwealth Of Massachusetts Department of Industrial Accidents Office el Investigations 600 Washington Street Boston;Ma. 02111 fax#: (617) 727-7749 • phone#: (617) 727-4900 ezt. 406, 409 or 375 • PHE r01.1 • = sf 6� The Town of arnstab1e i�xsTnat.t:. 7� .44 Department of Health Safety and Environmental Services o iro Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner • • June 26,2000 Brenda Tri&Victor Cillis 2051 Main Street West Barnstable,MA 01984 Re: Oktober Farm Dear Dr.&Ms.Cillis, This letter is in regards to your operation known as Oktober Farm which is located at 2051 Main Street, Route 6A,West Barnstable. This office wishes to meet with you to see that the operation is being run as proposed,in order to mirror the Steege case. Please contact us and set up an appointment for a meeting by calling 862-4038. Sincerely, Tom Perry Building Inspector g000626a Page 1 of 1 DiMatteo Peter From: Geiler, Tom Sent: Thursday, November 08, 2001 8:48 AM To: DiMatteo Peter Subject: FW: The Cillis lights I know you are aware of this issue. Upon completion of the investigation by your office, please prepare a report on the action taken by the Building Division so that I may respond to Mr.. Wirtanen. Original Message From: Wood Daniel Sent: Wednesday, November 07, 2001 8:47 PM To: DiMatteo Peter; Geiler,Tom; Daley, Joellen; Klimm, John; Grissom, Donald Subject: FW: The Cillis lights This came into the Town's generic email. Original Message From: Edward Wirtanen [mailto:edwardwirtanen@mediaone.net] Sent: Wednesday, November 07, 2001 6:34 PM To: email@town.barnstable.ma.us Subject: The Cillis lights I have lived at 2119 Main Street, West Barnstable for most of my life. The neighborhood has generally been one where everybody gets along and respects their neighbor's rights. The only exception has been Victor Cillis and Brenda Tri Cillis who generally feel free to do whatever they want on their land or even on their neighbor's land. Virtually everyone in the neighborhood has complained to the town or at one time or another with limited impact on the Cillis family. This past summer and fall the Cillis family has felt free to have a major excavation project on their land and raise the elevation of their property. Now they are in the process of placing three forty foot light 'poles on the newly raised property.The lights will be very visible to most of the neighborhood. This has a very definite negative impact on the neighborhood. It is my understanding that permits are generally required before such a major change in the use of the land. The Cillis family has not bothered in the past to seek permission and has not done so in this instance. I am asking that the town to protect my rights and those of my neighbors by requiring the Cillis family or their contractors to obtain all necessary permits and to go through the normal permitting process. 12/4/2001 DiMatteo Peter From: Oakley, Shirley Sent: Wednesday, November 07, 2001 4:51 PM To: DiMatteo Peter Subject: 2051 Main Street, Barnstable Peter, Dr. Finney a neighborhood appointed spokesperson has called our offices regarding the above subject. He claims that the Health Department Tom Perry have not been heeding his claims that there is a serious problem at the Horse farm in Barnstable Village. Dr. Finney has claimed that he has complained several times to your department regarding other issues on regulations that are not being enforces for the operation of this Horse Farm in a residential area. Dr. Finney is also complaining about several other issues and does not really want the horse farm there. One problem right now going on is that there are stadium lights being erected without any prior regulation hearing. John is requesting all reports on this Horse Farm be sent to his office. thanks, 1 1 Diamond's Edge Rules .® • • JJ 0 , 9 • • 9 ,,_N I. Any'persons'having any questions or prob- lems with DE boarding, instruction,training policy or performance shall communicate . I' L/�J9 8� directly with Victor or Brenda. N 2. Release forms must be signed by everyone Cr; 2 who rides. CO 3 co 3. We ask that all persons using DE facilities ; v o clean up after themselves and their horses. n ' B. Especially washstalls,tackrooms, aisles, and , Cr cn - � , LP grounds. m N 4. Approyed hard hats, proper shoes and cloth- m Q -. .� ing are required at all times by everyone. > oa �f'r " There will be no exceptions to this rule. N c� �j' /'f \\r„ 5. All lessons must arrive at least 30 minutes ji before the lesson time to groom and tack up f _ their horse. Any lesson starting late due toT. �' tardiness of the rider will end at the sched- uled time. + 6. Juniors are not allowed to jump unless in a , lesson or under the supervision of a DE in- r - structor. ; _ , '" 7. No smoking in the barn or tackrooms. I ' ; 8. Owner's are responsible for damage done by their horses to stalls, lighting, fencing, wiring, etc. 9. Please do not bring dogs with you to the barn. 10. Riding in designated areas only. Some rings may be closed at different times due to Cape Cod s Private Equestrian Club shows or maintenance. 11. Board is due on or before the first of the Stepping Stones turns to Diamonds month. Board paid after-the first is $25.00 more. 12. In the case of a boarder leaving in the mid- die of the month, no refunds will be given on board. When leaving a 30 day notice is required. If 30 days notice is not given, board will be paid for those 30 days. 13. The last one to leave the barn or rings, 2051 Main Street please turn off the lights and close all W.Barnstable, MA 02668 the doors. (508)362.1562 14. Barn closes at 9:00pm1 Only exception (508)331.7304 9:00 am till 8:00 pm is a medical emergency. y ':i � : - Mebersip - - Programs •i The Equestrian industry is growing in leaps and iiti Diamond's Competitive Edge $650/month Adult Learn to Ride $250 , bounds. In order to meet thedemands of our For the serious rider who wishes to compete at Affordable riding program designed . their highest level of excellence. F horses and riders we've had to make several new . for beginners and those wanting to. ..• changes to our program: Includes: Full Lease,Private 1hr lesson(weekly), get back in the saddle but may be a • personal locker,exclusive rider at horse shows • lithe rusty. 8 week program covering • f z Diamond's Edge offers a varietyof programs for (excluding local level or.farm schooling show). • groomin tackle and basic-en fish• g p g t g english and western horseback riding: the horse and animal enthusiast. We expose '41` *Offered,at various times of the year. i riders through every step of horsemanship to Diamond's Recreation al Competitor Includes:1/2 lease(2 days a week),1 private • $375/month$450 Jr- enable one to become a potential horse owner. lesson and 1 clinic held monthly by top instruc- (Pony Club) Farmer in the.Dell $225 tors,shared.locker. $50 non Children 6 and under will learn.to refundable f The main philosophy of the school is: Balance. demonstrate the real basics of horse- • Pony Club • ; deposit Confidence and Control..These three keys of 4 hrs of horsemanship acid riding every Sat. $150/month manshlp and riding. PattyCake with or$20/ $50/test bunnies and Ma be even collect one class • j riding may help you decide which discipline you Earn your own diamond for passing the profs= Y. ciency tests,awarded at the annual,banquet of'Charlotte's colored eggs!This is.a iel choose;whether it is English,Western,Dressage, one-of-a-kind program for-kids. rt 1- *Class time varies and limited space. ShowJumping Driving or Recreation Trail Riding Diamond's Edge Working Student $150/month We appreciate-and respect them all. Great for the overall'education of:the rider. plus 20 hours - (� ; Chip Cards $300 xincludes:4 lessons with top instructors Sportsmanship is the keytaa successfuiathlete .. 10 hackingsessions in the ring. Chores include grooming,assisting instructors, a .{ in any discipline.-We embraeeand honor:this barn chores. (Requlres;evaluation if not a barn • member ~� �r'- principle at Diamond's Edge. ) / .�i C 2 nS �-0 2 ,'4'i'k Back in the Saddle $55/annual Spa Days '1'h "S• $69 r • For the recreational rider and Chip Card holders: r The farm is a relaxed and safe atmosphere Get;a.great workout riding,then Cool - ,, •off ih the•pool or hot tub.' Benefits the where people can meet new friends. However, it 0` Q Q Q Q Q •Q Q • e. o . _,..._ . ti is a place where new challenges are met. We mind and soul. Includes a light lunch: Price List Saturda stress responsibility accountabilityourae, y.,Riding Program. $150/ Y--� Spend your Saturdays working and month consideration,anti res ect for both animals, • Full Board- $575/month ' playing with horses from 9:30 am — t _ (3 months or less,.$650/month) equipment,and most of all, each other. 3:30 m. tr:; p. 1 hr.mounted: 3 Health Care.- Fees vary The farm is a fun place to visit,diversify your (worming,medical supplies,blacksmith) Ride a sunset Rides non troubles or to get into shape. Most of all, it is a Ride at into the full moon. .� $50 Trainingrefundable r,. - Must-be independent-on-the farm and $25-50/hour deposit r place where everyone gets a chance to fulfill their horse training&exercise / sit the canter confidently..Bring your' i•�a d • reams of horse accomplishments, in or out of Hose Shows sleeping bag and flashlight:•We'll pro 4' the saddle± (showvide a breakfast snack.. •-4 prep,trailing,-horse spa,lead line, • professional mount,etc) Call for • *Offered at various times • 2002 Prices We take great pride in having,a wide selection of Early sign up required. Beach Rides $89 x - J: incredible"gems"horses including Warmbloods, • Lessons- Feel the sun on your face as you ride $50 non rrr Private- 1 hour $45 60 refundable Thoroughbreds,Arabs, Morgans,Quarterhorses, / your favorite horse on the beach. A deposit .,..J> Private- 1/2 hour dream come true! Dress comfortably, $25/35 �H Ponies,and yes even the Miniture horse. Some Semi $40/50 no open tbe shoes. • "{ 1 thing for everyone! *Gift"Certificates Available I t ' 72141,‘ V )()( S " CA,CA )CS C• IA 0/62 A-C ) CAL t-D it )Ivevl ; _e PY\ . ) S -44--31.3-4t7 r b TD, jI % - (.3 + r -1 - v JW1!aaaaay aasY.aaa Date:. Rec'd by: Assessor's No.: Complaint Name: .3 i — (C i ) Location Address: a I M 4; s � - /6, 1/; 116 -- • i w �; M/P - m �- QOri, nator Name: • A _? Street: / ITlA of (j O . 6 21-,/ ? (rt4;i ni 1 OQ. c Eye ' Village: 6. 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S -.i. nLtsAT 17i►1iL NCTI►IR LJNQ •� tNl-lt/' t�L E .EACH PJ►•LGl T•rl! s• g1NFL!ND T(aICAL 111 iYPJr el tr1_i>��. C7 O° EL CoRNE2 q OVAL KID • • I+e7E:4 •7E.t:T) •....- ENO. m I 1 • k, . . ), ter_ CORN m ea,.w►L I t I u__ d 12olrt. dt$fe• o} J 0 .n.�rr.L,wE1t awal +k v.J.1.L,t�'Jc Tea�la«e.v4owo - NOiS , vetlMeTeR or Mac. z + R W p taus xr IJ•i1►Iu.T•cr 1 O°uS E. . =VOMIT NOTES I.THE BASIC DESIGN OF THE POOL IS PREDICATED ON A TYPICAL INSTALLATION BEING IN SOILS O t.l.b. GaLta,t W10R,y,rp.I 'Tpfs(,L@ LOGO TY7'1Ct�CALK h NOT CONTAINING ORGANIC CLAYS,PEAT,HUMUS SOD.OR MIGIAYEXPN6IVE SOILS. . IA6iaGt.. 90'*IV y > L ALL GAUGE STEEL IS FORMED FROM MATERIAL�,TO AST}I A-stsoo+o p,..y,��• 11!: Ly: WITH A G2TS GALVANIZED COATING. L INSTALL AN r THLCR CONCRETE COLLAR AT TIE BASE OF THE OVER•ErCAVATION AREA, /L _ _ __ L ALL StEEL ANGLES(PORK STIFFiT1E0.S AT FRA}IE MACES)Me MADE}ROM AROUND THE Mu.VERIIETER Of THE POOL • Q E Him.PILL 2�'M N.IIIL ' 17 1 4a'2•• ,�+ • MATERIAL 00lNFORMIIG TO ASTM A-S2S WRM AN AWN G23S WLVAfQaD 3. SACKFUL WIiM CLEAN EARTH HIEE OF R0015 AND �— - ++/7. �'. '.! •'.A `'! • •r ',3 • < COATING. oIaEDING Y.EACH LAYER SHALL BE PEDDLED AND CAREFULLY TRAMPED TO UINDIATE VODX • S� N �`r,� . � h}'.. �.� • )•• • O _ _ - 1 ALL BQTS NO'DREADED COMPONENTS ARE IMNIIFACTURED FROM LEVEL POOL WIM THAT O DURING BAO IUJNT.WATER LEVEL SWILL NOT DIFFER FROM BA FflL .s • - e'\`' E �c 1 T/ i I MATERIAL i TO ASTM A 707,NUTS IEVEI MORE THAT ONE FODi. _ g s-11 .4iid T 1 • AS6'304.AND ARE ODIC PLATED. FASTENING WIlSt1ERS ARE STANDARD Roc PLATED c.A CONCRETE WALKWAY OR FINISHED GRADE SWILL SLOPE AWAY}ROIN DOPING AT A SLOPE • �L� +5�r•� 3 l WALKWAY MOO StIALL RE 2A00 PS COMFRESIVE STRENR,M OON__ER, NOT UM THAT W DE PER RIOT. �A�. a I D Y e TYPI L WALL STI I 2 z-o• ,,-`� �fi Rom. • MINN"eK DESIGN S. THES POOL HAS NOT'B®1 D�GIIED FOR A SIINf?WUE WADING. A I D- AN SCALE:I%i 1' %�_L'pVE>: E xua VAT1oat R3 •• A GRADE SUE AROUND POOL NO USE INERT lAovat TO UNIT 1 SC4L E. / -l ... TYPICAL y yqL�. �)E(�710�Y lKf A RAME(C� - OF RETAINED SOD.TO SO IS PER N.FT.OR LESS. EN�IDVAtBR MAD PRESSURE E. ►.Yz+ l �_/ 4. . IN - •- 44 . Ir ' ` • i ! i i` I i 1 S-'A L L 1 -STA t-1.. Z STA L.L. 3 srA k..t.. _4 a t 1 a i / ` or 'IGE _ ..t 15._ I 1 ,.., — —fir ) , i,. ,A„„f_),... s ,., .,,,,,,,,,,, ,......„.,....„ r"�Part._. 5 V ep1n14,_.».D 0 0 R� , ,. , , , ..,. , , , , .. , ... . , , . ,_,„ . , ,,,,,_E R.� .. . . . G ,, , vs,,,,,,,,,...1,-. 1 i 1 ST/skLi.- G _ i d__- _ .. � �� �._ A " t }L .. : 1 I y SIN-L.- '7 f t I , t / — (;) 1 t - I STALL- _ $ A t i i t ' 4" t �..__._- .-. �.. ___ t FIRST .r�oR._ L-P-.1/0 )„' l' . . 1 " i'S 0PO s7 \-4 K. E. •` N LE ----- E... 0 y" ... ? .... t' """.. "`' a. SCALE: #, 's.,, it em As, APPROVED BY: DRAWN BY- t.t { j-7 . DATE: t 6" ...1 REVISED , Lc e z s DIY 1 1 T. DRAWING NUMBER )