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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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'�, b c -,II� g�Z it WI z ' *Amor F .0712E -.- e. w O ANlral. at�9NMM / ` -r .- ' liP. ISae V • • t:IKv 7tgy M . .it • _ t . .• 4f• (r�d►O.coarl!t - ? so w e - 'i • • 1 r ?-s�¢FC4NGE.-- O 4 Ce wt.LING*. - -- - tSOLJS JNtfTr PJ1LEi= pe.NEL NO.TYPICAL. ti� 1 y. - LAZY EL, GNREGAN KEcTA.r(Gt_e GREGIAN z ,.. •r • OCTAUOIJ CORLJER.0 9O•EL 4 LAZY EL CORNER r•2 OcTp,GoN TAI2 CORNER OVAL- GOR.NEFZ �JJ Wit �L.. tys" pAzil _ L - u O go '' MI.+FLENLE eOITS D1a[�N4C.BRACE •R"L"`*rm. NI•NITS.TYPICAL_ -- I;,AL1h SLFEL I. JSi.U,I i IZ[sa.l( • ,. - , ce,waC pyNEL .' lA.YANCL eNv. - _ �� A4NEL_ f' v� NtJT E•• b-�'FLANGE NUTS �!o F,,4 z FIlNI.E BOLTSM. c..lv.y,et sl • >' Mores -,-o. �vl�ltJt,Lueliv� • P ttlal • ' • Ou•1LNsidNS A9 6►•OFIN• -- J F . 45. I vlwlrl LsNlit `pi I S-lir FIX*.sQ (N o A\ Irjerl. I ` w A ! Saa 60LTSNtIT3.2`M. �P rsq il •S,•;: ►tetr•rmeteteAsaNa • �0� PH IP f: `, . VINYL LINER s ,/� � i :,y.. ... \ SrAMt Ai�eM19LY R ' m FILLER S IE k : ?: . c.) ME ;CAL G'•6' O i:;•'• p ♦eQJI.I olrnee % • �+`rlu•aR \�0" a, �+�. • EL t DRIJER e i\T FLINE.Hur3E. 0 CC a J ~ I t5 TN�S ANO PLANS PAR. \1 �*•vcuNe '.I/ Sr0N el' '' Ar'‘ • • y J toCATIUNQ OTHER arms IN/WAGE. w • .• n LAZY EL GOI-NER O Ii.I-A '1 RECTANGLE ST C�ORNE=R w - 5.) o • • . 8. L � • ) s.�V.lret� 1 �rR►I ,Gtcs 30 +)-oP ua-It.1�L µp.(7{P' PA • NEL ,�iv>r�rr7% Tis4rr,.l.ce.lc.vae.c - • _ V� Au1HI.JUH �. AWJ1 bINYL uwet t q ��+ Ge•,w7 I-- ►bst: .No,•t • • 5- 1 #FLAN4E 1'�'*IYa'•u4tL!&4tV� �r TOGCiL[ Lcc1C �INri u►1Gr s N,o - t:te t,E eater e.CWCA5R/.0 - +ALL.TFIZEADCOp - $NUTS•-Ty- UI • S' •b flA1JC£. rr.w w ate. 1 s I , n ows -:r" • .. -- - SOL.V aNUTS• • `3-��jjt/� DIAbO�y ZOO �� _ . • i� TYPICAL. I CAUNTENCSUNK , 'VW ton b-f.1af (Ne'•IK%f2G4fdLY- �- i_ "1 _ GRRUW!601TS vat.9E6 N►IAANI N' ( 0 I :~- . .t�vc•Ml. ` r�Rma sass - �� . •� �.d�I'x i.�' O 1i.ZY'PNCN1l. gaiompo.. CA• s• PI.ANfi(',' tSALd.° • E. S -.i. nLtsAT 17i►1iL NCTI►IR LJNQ •� tNl-lt/' t�L E .EACH PJ►•LGl T•rl! s• g1NFL!ND T(aICAL 111 iYPJr el tr1_i>��. C7 O° EL CoRNE2 q OVAL KID • • I+e7E:4 •7E.t:T) •....- ENO. m I 1 • k, . . ), ter_ CORN m ea,.w►L I t I u__ d 12olrt. dt$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 ) 3 os1 met..► v-I 3-1.. Q 6 p 3 . *. .., n F I. 0 ,. .. u - �. - , a / / ,ii7,._:' ''ilPfli,„4-"e#: -, :', l''''''''''''6-'''4, .-' '' ' ' 26914-7.!rj--1- . "C.'',--':' -',':- . ''..f - : - :'-,___. 4:-\''..-,'. ' ' ,,,, i,9 ,,,/.41,.: ,e--,00-r-e'f' -' '. ,, -Z- 9 tdeit eyo- , . . . . , / . ''' ' ' 2- -'-' ' ' ''' '''' ` 9 � „ Z 7- . ' '''' ' ' ' -'-. ''''' " j� tom} t ,.,..-7--,,—.r,,..:,,...C., ,t,.4-.:,. . AR'llj/'j��,�.}: q '., #.::,:,.,-,:.1-,,,:,--0 4'-e:.:.,:.,;:,}..',:.l'.,,:-C : :. c .,.a,'$,.::1,,;i,,.q.',,:.:,:'-:,''.,.:, , -', ',., •-- -. .: :...t„ '-',:,i . : . ,. ,,,,,ei. '4, -..,,,,, ,c..,..c.c, t-i— vp.e 44 ) -.:7)", k,:c.17., ',-*'[.L.,,:-., ri., SCR` G r ( > ,4-� .', e.c c:_ i-✓ c f . t x 'o , $ -� ,r 1 - 5ep;--15�,`98, `01 23P t r k "„. '' _,,,_" '508-881 -4768 P",01' , dX' r i • 4 ti ,-0 t a,,3 p.' i � �.7 . y,} --.., :,,., 4 . . . ,, ,,. ,,. . , 1,:, .. i, i.a - . - MGL Chapter. 90 Dillator. Vehicle& ` , <ri Seetion=1.. of Chapter 90 es_amended in-1996i defines "Farmer" as a person i• '4ubstantialfji 'eh' gaged in•the o6cupation Ofr--farming:Which shall 'include:::the raising , .. °, E ` of livestock, including'horses.'," nd;.the-keeping of horses as a commercial - - ., 14. E et,terpritt..- ', Thus to ralify#for farm plates'.-or for'purposes of othermotor`vehicle • '' -_ laws;a hcii-se operation.rnllst be substantially engaged in breeding, or be a r , f - substantial't oartfing"business,'1arm'Plates are,the subject of repeal efforts ever ,, y+sa ii tr leegisfa'ture- end F'at f urestr fighte for their survival! _, {- ', '° � • 1-of e , _ „ .- r- NMI:. Chapter f11 PubdnCHaltf `/ , hhat • ofAgiultueto include bt "te -'section ,tfhapt Chapter ,tMne$ fl `. ` ",e aisirr c f�ii•testoc tnp€ rcfin horses" and 'the keeping of horses: as a pommerc ai g J. f 1 �'" a A fa. t Cr. enterprise _.Sectii h I2 A provides that odor frmrri.nr rmal maintenance of•livestock � ` , or spreading of ivi tr►ure 'Upon agrictiltur l and horticutture1�iand, .or noise from," - xa, IIve; ackICr farm puIpr ant u ed•sfi'-normal 4gederal,ly�;accepted'farming procedures 4`= ' - cannot be'deemed,a nuisance by bo"aids of tie lth* 4 / °r. These fa-'~rora.tieichan es eam about af't r several years'of Ferro Bureas. .tob y C+g°efforts. - ;' , u ,1 t- IGT ,``b ear 1Z8 ,ARgi••iculture - -^'# t' - m a ' S ctien t A'cohtairis'the definition of 'Agriculture or'Farming" most often referred i _ , I k_. 'to #,officials; absent a-differing defirttiun`in a•spec tic'statute or bylaw:'That • _ . ,:def nit,on is, .s follows; _ • �; ` - :Forrrtuog'" or 'Agriculture" shell include.fauming in ell-of ifs branches and,the d `A �Y, cut' tr aitr�tt £ ar 1-virage" f the•soil, dairying:the,proclvction, cultivation, gro+ving acid 7 'ha vesnng of any:agricultural..aiivactt tura!, floricultural'or tlorncuiti,tial commodities, The• `, . ,' Y "f{r 'iii 3,snd tirr+v t€rig,pf t�1,e t produ�s upon foiest land, the raising of livestock ' : s. 'sr`ici dirwig•he rset,, = ' , ttt "llsepjngg of liotees.as s r rar e,(cciat enterprise, the keeping and ,'. raising of uitry -: swine, cattle and other domesticated anirnals'used for food F a a x purposes, tees f <-k�ea in ,ar'm'mils find enyforeswi or lumbering operations, - > - i,,, ,, x� ., perf on d y a f n'a „ r o'i hhreb':#efttfre,as one engaged in agriculture tic .TM ferrri ng'a +ere►n defined .or on a farm ',as_ an-incident t3 or in'conjunction with Such • fafirriiitg operations ,ancltidirig preparstions ,.for riwrket, delivt ry to storage or'-to market` "} '0i•t carriers for transpDrt do to market. , S ctiops 2A and 2£3 raiets to°fteensi requirements for horse. riding"instructors --, a fools or stables(' action 2b ides the limitatio s of liability' -and n�lrrxg s C3rovr n Y' :. '. `:Z' r .ections or horse`operations and. activity spbrtsars, , , .. ., ` IS very javprablo'B'efmrtition'opens new doors far:the horse industry, it, and 'the '7 mi.tS,ti01$ f tiabiltty la war :;bt th poi•ant`victories for Farm Bureau members, `` I , m ''' ' ' '4 ,.i`•, t t 'Ohs ter 1: , Fire Prr N+istion, $ ` , 1. ,:,°Y., .r i. • , Se 'tion• 6G`ot Chapter 148 contains anexemption from fire sprinkler . rect firer e its fo, .buildings ui d for:a r€cr, tt irai purposes", The statute.refers;to the, ;,: 's ' 1, 8,1A'd'finrtir:± `,to:de ine #"r+cyiture: T ►t exemption was accomplished through y .. , iegt fativesaffo.rts-of F. rrt'i Btjreau in. 1994E ' ' y 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 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 NArbi i}nn e Fenny...__ _ai,-,_.7-- l fl a 64,14,s -A__ qa.me-ia.T do-i-mah ��n,.-f a/ /71a tit Si, y6ez4./.4S 6 1 A✓► b 1 4.1aftrwkrn C --5--_, .1 YY)A_n ,�-t' 2a r n.s+abbe, f1 t c ie EA-lama ti triNc e.e U.f n a cyg 5 Mail)qj"kcox1.0 k, ;6'ti---&(, ��� f=7o)"xrye,e ILL. 6:.€0 y'Q ,pciy ;n( .Sr, v';v� bl-t /y i L•i F? -J v i ; P 7 �a7-d /40i��sr: .6AfAst/I. - C'h ax(eS C 1zysdc i'eV OHO /VaariV S'6 www. 13arA, k >r. ��.f� 1. . Zc�sclCg.c\cs ZI J'a Cc4,-t r. `3T Cs �"�jc�Ca��. {L{ C' �ikJ..,c` C' ' ..210.3 m4i,. 5 - W. gAILA Lc C Wt.ZS rqk Si p.1 .S. l!v\---.. ZOOS' r^A•d yr. —v)•')A M Crr►a to L! c` .J,J,JI `"`'S o,-1 �_ � — 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 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 Signature Address Lth . C4 ifAU Alt 3Qt Aut,u 3WCA.QtaAl-U evo "fi_rxr e EL 16iL .2,4) Yr?it- (-/di 5 6„4") 01,01--e• 4)-7‘,d, AJ. ,04-$/s7-ddiet,#),, (-10 fL .t CItid q 0 cid "kr w. . • OFZHE ,ads,, �� The Town ®f �: l� • ���s�� le • BARNSTABLE • , 039. Department of Health Safety and Environmental Services to " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 28, 19 8 Mrs.Brenda Cillis 2051 Main Street West Barnstable,MA 02668 Brenda: I am following up our meetings on January 19th and 21st,regarding the commercial venture on your property at 2051 Main Street. As I stated on those occasions,your property is in a residential zone(RF)and the operation of a business would require relief from the Zoning Board of Appeals. If this office can be of any assistance in the ZBA process,please do not hesitate to contact us. It was my pleasure to have met you. Thank you in advance. Sincerely, Richard Stevens Building Inspector RS:lb q990128a Town of Barnstable Legal Department 367 Main Street, Hyannis, MA 02601 508-862-4620 Fax 508-862-4724 ROUTING SLIP DATE: .A�2/ 94° ( TO: / �'J � Y «mil r� Coensue', �(1,,00 fiu r.�/ off" A5 G972-AJ3 v7 c c FROM: t� RUTH J. WEIL, Town Attorney 1 ; T. DAVID HOUGHTON, 1st Assistant Town Attorney CHARLES S. McLAUGHLIN, Jr., Assistant Town Attorney V//J CLAIRE GRIFFEN, Legal Assistant PAM GORDON, Legal Clerk C.ri RE: ar C-zw S Co/A-) OUR FILE REF NO: (. lD Wl4/1 f - ,4 4i) ao5-1 `-f/ -v/g/® , , a /// ,7 �� = [Q:\WPFILES\OFFICE\ROUTING-astoform.DOC] g-6/o —06/ z/ STANTON & DAVIS ATTORNEYS AT LAW A Sole Proprietorship 1000 PLAIN STREET MARSHFIELD, MASSACHUSETTS 02050 (781) 834-9181 FAX: (781) 837-8253 JON S. DAVIS MICHAEL E. ERUST E-MAIL: JONSUAVISSTANTONDAVIS.COM E-MAIL: MBRUSTOSTANTONDAVIS.COM ALSO A MEMBER OF THE MAINE BAR • AMY LEE LIPMAN-WHITE January 19,2010 E-MAIL.: ALIPMANWHITE(..STANTONDAVt.S.COM CERTIFIED MAIL#7160 3901 9848 5999 8262 RETURN RECEIPT REQUESTED and LAURA J. ADAMS E-MAIL: LADAMS('STANTONDAVIS.COM Planning Board Town of Barnstable 367 Main Street Barnstable, MA 02601 • • RE: JPMorgan Chase Bank, National Association,Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank fik/a Washington Mutual Bank F.A. vs. • Brenda M.Tri a/k/a Brenda M. Cillis 2051 Main Street,Barnstable,Barnstable County,MA 02668 • Stanton &Davis File No. 2139-2880-509F Acres Classified: 7.36 acres Map/Parcel: 206-075.002 216-075.B00 216-075.W00 Dear Ladies& Gentlemen: Please accept this letter as formal written notice required under M.G.L. Chapter G1A, Section 14, that a foreclosure sale has been scheduled on the mortgaged premises at 2051 Main Street, Barnstable, Massachusetts on April 20, 2010 at 11:00AM. A copy of the Chapter 61A Notice by the Board of Assessors dated March 9, 2004,recorded in the Barnstable County Registry of Deeds In Book 18368, Page 189, is enclosed herewith. The purpose of this sale is to enforce rights under a mortgage granted by its owner. Due to privacy laws we are unable to provide you with the amount of sums owed to the mortgage lender. e t y • u; • J . Da4s' for STANTON&DAVIS .1SD:bmm -Enclosures cc: JPMorgan Chase Bank, National Association • i . Bk 1336F-, P 1B9 02223 03-26--2004. 0 03 s ii 7sa (,? TlitS INSTRumENT Kw BE DULY pE=FOR RECORD OR.RFGi3T'R.ATION State Tax Form AJH 2 BARNSTABLE Nam of City or Town OFFICE OF T! E BOARD OF ASSESSORS AGRICULTURAL OR IIORTICULT7JRAL LAND TAX LIEN The Board of Assessors of the Town of Barnstable hereby state that it has accepted and moved the application of Victor C Ulfls s Brenda QM of 2031 Main Street.West Barnstable.MA 02668 owner or owners of the bergafter described land for valuation,assessment and taxation of such and wider the provisions of General Laws,Chapter 6I A for the fiscal year ending June 30,2004. ,For Me see Book 9499.Page . LOCUS: 2051 Main St I. Barnstable, Ka 02668 DESCRIPTION OF LAND LOT 2B on a plan of land entitled"Plan of Land in W.Barnstable,Mass.prepared for B.W.C.Ellis,dated September 24,1905",which said plain is duly recorded in the Barnstable County Registry of Deeds la Plan Book 406,Page 7 as described ha Deed Book 9499.Pane 341 and Lagj on a plan of land entitled"Plan of Land la Barnstable(West),for Brace bills,dated Aprll 20,1 9",which plan is duly recorded in the Barnstable County Registry of Deeds in Plan Book 302,Page 87 as'described In P l 9419.Pew 308 containing approximately 736 acres more or leas.Said parcels are also depicted as Town of Barnstable Assessor's Map#216,Parcel #075.002,Map#216,Parcel#076.B00 and Map#216,Parcel t 076.W00 as drawn for Fiscal Year 2003. Statement nude this 2.! _ day of March ,2004. SLI4V.C4eCW".4rZ-e--.`'- V-jAm'r'l< BOARD OF ASS COMMONWEALTH OF MASSACHUSas a dS UMW f. c . i FORM VOA,HOBBS&'WARREN.INC.,BOSTON,MASS.REVISED 1974 THIS FORM APPROVED BY COMMISSIONER OF REV?IUE 1)442 26Azongsh sesmiWb Dxsaftssiltagar t • • 11414- GliC/11412,-44 clid- a edIL C /II /1/4ç6,4/I ke- 4a f e deed 0*THE To� Town of !: arnstablle ' 104�,. ��` Office of Community and Economic Development BARNST B E, = 230 South Street,Hyannis,MA 02601 (508) 862-4683 Fax(508) 862-4725 i'lEp and A Kevin J.Shea Director December 20, 2004 Ms. Brenda Tri Mr. Victor Cill is 2051 Main Street West Barnstable, MA 02668 Re: Property at 2051 Main Street, Barnstable Dear Ms. Tri it has come to my attention that you are interested in re-applying for the town of Barnstable's Accessory Affordable Housing Program for the property at 2051 Main Street, West Barnstable. Please sign and date the enclosed application for site eligibility and return it to me with a check for the $100 fee payable to the Town of Barnstable at your earliest convenience. Your application will then be reviewed for project eligibility by the town. Also enclosed for your convenience is a program brochure so that you will have the opportunity to review the terms of the Accessory Apartment Program. Please feel free to contact me at (508) 862-4683 with any questions. Sincerely, (-Elizabeth zabeth Dillen Special Projects Coordinator cc: Lois Barry Linda Edson Edson, Linda From: Dillen, Elizabeth Sent: Friday, December 10, 2004 10:18 AM To: Edson, Linda Cc: Barry, Lois Subject: Cillis I E Linda- I double-checked with Ruth on Cillis as to whether they can reapply for the program, and she has determined that they can re-apply,but the town will simply deny them a site eligibility letter based on their past history of non- compliance with the program. I will send Brenda Cillis the necessary info to apply and send you guys a copy of the denial when it goes out. 'Round and 'round we go... E lizabeth Dillen Special Pmjaas Coordinator Tozer of Barnstable Of Community& E conomicDereloprrrnt 508.862.4683 1 Cape Cod Times 1 Midday News Update Page 1 of 3 �et mastiff attacks owner, co-worker WEST BARNSTABI Two women were taken to Cape Cod Hospital with severe injuries after they were attacked by a dog this morning, according to Barnstable police. Police responded to 2-051=Main_Street at 8 a.m/to find the women already being treated by rescue personnel and the dog, a bull mastiff, locked in a garage on the property. The animal's owner, Brenda Tri, 43, of Hyannis, was bitten on her arm and her side, according to Police Officer Kevin Scott. Margarida Correia, 59, who works for Tri, received a severe bite to her head. After the women were taken to the hospital, an animal control officer removed the dog from the garage, Scott said. The dog was reportedly calm when it was taken away. Police said Tri was already expected at a hearing in Barnstable District . Court today at 2 p.m. for having an unlicensed, unvaccinated dog. Hospital officials did not immediately respond to phone calls regarding the women's conditions. -By Patrick Cassidy Wampanoag get ready for tomorrow's decision MASHPEE - The wait is over. The dirt and gravel parking lot has been regraded at the Mashpee Wampanoag Tribal Council . offices. �� , 1 The yard has been raked. A . tent and stage has been set up . on the pow wow grounds. Food ,, ; d ' has been cooked. The y' .,, Wampanoag flag has been t .. . , 0 Wampanoag tribe member Germaine Peters raised. runs a yard rake in front of the Wampanoag Tribal Council in Mashpee as the tribe gets ready for Friday's announcement about their tribal Inside the tribal council offices, recognition status. historical records, artifacts and (Staff photo by Steve Heaslip) geneaological charts have been put out for display. Three decades after starting to seek federal recognition, tribal leaders tomorrow are expecting to get a phone call about the BIA's Office of Federal Acknowledgement's preliminary decision on the Mashpee petition. Tribe members see federal recognition as their last, best hope at ensuring their economic and cultural survival on the land their http://www.capecodonline.com/cctimes/update/index.htm 3/30/2006 p� j To _ Date Ti .-• MILE Vrr. J WE RE-OUT of /.F ' W: Phone f 76' 6 -J �K L Area Code Number Extension TELEPHONED LEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT 1 RETURNED YOUR CALL Message /` ''. rCOtsd / /v` St max.. GtV yes . cl o .ei. 0.., >ffa , tom, 44-irtr.,/,:awt..)-,ateld ii-loAdt est-e --)1,0 ti-t--C-- ei-letalliZz. ,;(t CZAMPAD 23-021-200 SETS EFFICIENCY. 23-421.400SETS CARBONLESS et i e(t vc.t) .1A 61 - cM ) 1 0 �7 ,� �,.,Vic, �.. v I t ;lc fe r 7 , / G 9r)- g° 6(e (>P -6vg, I . r 0, , ,�Z U� 0 1 -- ^7 °A 'or3.9-- v ..0.-e. c', 6 r/vielL 30 ._e_Av EL4224, I \r\r/vLe.:(..A._ mac, II • 1 j 1 1 I f II � I I, t1 I p to .„ Town of Barnstable ,,0*1HE TOi„ c Regulatory Services ,14 Thomas F. Geiler,Director • BARNSTABLE, 1.4. MA Building Division 1639. ♦� 41)MPS A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 24, 2009 Jesse Green, Inspection Supervisor Housing assistance Corp 460 West Main Street Hyannis, Ma 02601 Dear Mr. Green First and foremost I would like to thank you as an agent of HAC for your recent efforts to develop and foster a professional and continuing working relationship with us. At the end of the day, I believe we all have the same''objective—safe housing for those in need. With this in mind and in light of the fatalities in the Quincy fire last winter, I want to assure you that this department is available as a resource to you at any time. To that end, you should be aware that our files contain information that would serve you well in your capacity as an inspector and our staff is most knowledgeable and helpful. During our last conversation we discussed the issue of"grandfathering". It has been my experience that property owners typically throw this word around with the belief that citing this magic word exempts the subject property from the same rules and regulations applied to everyone else. Be assured that the rights associated with a nonconforming status are based on one very crucial factor- the structure or use had to have been legally created. This means in most cases there will be a building permit on file documenting and supporting the claim of"grandfathering". This office religiously reviews our land use records in order to identify and preserve property rights. When the available information is deficient, the definitive determination is made by the Building Commissioner and duly noted. As a follow up to our recent joint inspection on Thornton Drive, I want you to know that I explained to the tenant that it was likely the landlord would not be able to renew the lease which expires in December and the tenant may Want to begin to explore other options now. We are all too aware that finding appropriate affordable housing is often time consuming. Do know that we do not displace any tenant unless there is an immediate and eminent danger.We do, however direct the landlord to take all necessary safety precautions in the meantime (such as in this case fire separation between the bedroom and mechanical room) in order to mitigate or hopefully eliminate those obvious safety risks. iw i y. I also want to point out in response to HAC's concerns regarding tenant confidentiality that we need not know nor do we care about any personal information regarding the perspective tenant or the subject lease. I assure you that our main concern is to ensure the safety and welfare of all tenants. We check dwellings for legal status as this is one way to definitively know that the imperative code inspections successfully occurred and the safety issues were addressed. Our goals mirror those of HAC's. We deal primarily with representatives of whatever agency is involved or contact is made directly with the landlord. We are always mindful that personal information is not to be shared and as a result we are most respectful of our citizen's privacy. I look forward to working with you again as I firmly believe our missions dove tail. I am available to discuss any of your concerns or otherwise facilitate a meeting with my supervisor to increase you:agency's confidence in our ability to partner and work well together. Please feel free to contact me any time. Thank you, again. Sincerely, C914-1dA'A Robin C. Anderson Zoning Enforcement Officer t oFTHE ra,,do Town of Barnstable ' ' •I1 s Regulatory Services • g Y * snRivsTnace. 11\ � Thomas F.Geiler,Director i639 .0� '°rEn,��A Building Division Peter F.DiMatteo,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 December 12, 2001 Dr. And Mrs. Victor Cillis 2051 Main Street—Route 6A W Barnstable, Ma 02668 Re: Dec. 6th Meeting- Zoning, Building Code, OKH &,CC Commission Violations Also in attendance: Gloria Urenas, ZEO, Tom Perry, Inspector, Robin Giangregorio, SPR Coordinator& Sharon Rooney, Cape Cod Commission Dear Dr. &Mrs. Cillis: It was a pleasure to meet with you last week and I thank you for taking the time to come in. I must inform you that I was greatly encouraged at the conclusion of our meeting. I remain confident that a fair resolution can be accomplished with the maintenance of our mutual efforts and the open dialogue established last week. After reviewing the violations together as outlined in my letter of November 21st, you agreed that there shall be no additional alterations or improvements of any kind on your property. You were subsequently advised by Sharon Rooney to file an official letter of withdrawal with the Cape Cod Commission and Old King's Highway. It was duly noted that the Planning Dept./Old King's Highway were in the process of relocating to 200 Main Street and therefore would not be available to accept or acknowledge said document until Dec. 11 at the earliest. Corresponding copies are expected to be distributed upon receipt. Ultimately our discussion involved the apartment over the garage. Previously, you have been required to completely remove the kitchen. During this meeting you were informed that should you desire to maintain the apartment you must obtain the necessary zoning relief or successfully participate in the town's affordable housing program. An informational pamphlet regarding this program and a reference to Paulette McAuliffe was offered for your consideration. Finally, all parties agreed that in the event that you decide to pursue any alteration or improvement in the future, you shall first consult with this Division for approval of the proposed project or portion there of. Any proposal requiring a referral will be referred accordingly and you shall be informed of this as soon as the determination is made. It is my understanding that Robin Giangregorio has agreed to a site visit this week at your request. She will be available to assist you in your endeavor and answer any questions you may have. While I appreciate your candor and your recent expression of cooperation be assured that I intend to quell the complaints and maintain the rights of all involved. I am sure with your support and understanding that this burden will be lighter. Sinc el Peter F. DiMatteo Building Commissioner cc:Tom Geiler,Director Bob Smith,Town Attorney John Klimm,Town Manager Pat Anderson,Historic Preservation Enc: State building code, SPR procedures, and definitions FEB-17-2004 11:20A FROM: TO:15088624724 P:1/11 Anthony Alva Attorney at Law 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 362-8342 phone 6 362-7770 fax To: Attorney David Houghton - ph# 508-862-4620 fax. # 508 862-4724 fax From: Anthony Alva Date: February 17, 2004 Total Pages (Including this cover Sheet) : 0- Client/Matter No. : Letters - Motion, Complaint w/signed affidavit by B. Tri Comments: Dear Atty. Houghton • See the attached with we discuss this�I ornirig. / e�/� J ve Sincerely, , . A.A. STATEMENT OF CONFIDENTIALITY The documents included with this facsimile transmittal sheet contain information from the Law Office of Anthony Alva, which is confidential and/or privileged. This information is intended to be for the use of the addressee named on this transmittal sheet. If you are not the addressee, note that any disclosure, photocopying, distribution or use of the contents of this faxec information is prohibited. If you have received this facsimile in error, please notify us by telephone listed in the heading above immediately so that we can arrange for the retrieval of the original documents at no cost to you. Thank you. tatigirlariA 'FEB EN, BLE FEB-17-2004 11:20A FROM: TO:15088624724 P:2/11 Anthony Alva Attorney at Law 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 Phone (508) 362-8342, Fax (5033) 362-7770 February 17 , 2004 BARN.WABLE SUPERIOR COURT ATTN: Clerk of Courts, Mr. Scott Nickerson P.O. Box 425 Barnstable, MA : 02630 . Re: Docking of Complaint and Motion for Stay of Enforcement of Board-of Health Order/ Preliminary Injunction/- Hearing under G.L.c.39, § 23B Tri v. Town of Barnstable Board of Health; -Building Inspector, Et.A.. Dear Mr. Nickerson: Kindly docket the attached complaint and summons and docket the attached ex-parte motion for stay of enforcement and/or preliminary injunction for ext available civil session today. Si Yv : 4ncere1Y ttach c. Atty. Frank DiLuna . . Town Counsel, Town of Barnstable • 18-17-2004 11:20A FROM: TO 15088624724 P:3'11 COMMONWEALTH OF MASSACHUSETTS Barnstable, SS Barnstable Superior Court Civil Docket BACV 2004- BRENDA M. TRI, ) dba DIAMOND EDGE FARM ) VICTOR CILLIS ) LEIGH-ANNE SOUZA ) PLAINTIFFS ) v. ) Complaint Under ) G.L.c 231A, ) G.L.c.111, §§ 125A,155, ) 157, G.L.c.40A, S 3, BOARD-- OF ..HEALTH OF THE TOWN OF ) G.L.c..39,_ BARNSTABLE, AS CONSTITUTED BY § 23B, ITS MEMBERS, ) & WAYNE MILLER, CHAIRMAN ) - - For Stay of Enforcement SUMNER KAUFFMAN ) or Preliminary Injunction ) SUSAN G. RASK � ) Demand for Jury BUILDING COMMISSIONER, TOWN OF ) Trian all Issues BARNSTABLE, THOMAS PERRY ) soo Triable ) DEFENDANTS Statement of the Case This is a complaint for relief from a "Notice of Revocation of Stable License" dated January 30, 2003, by the Barnstable Board of Health, that requires Ms. Brenda M. Tri to remove all horses from the "Diamond Edge Farm," her place of business. Diamond Edge Farm is a horse boarding facility and riding school which Ms. Tri has operated at her seven-point-one acre farm in West Barnstable since 1998. Diamond Edge Farm conducts agricultural activity exempt from unreasonable regulation, and -in this action Ms. Tri will show that the Board of Health's regulations are unlawful and unreasonable, and that the- Board of Health has acted in a;.wanton and capricious manue , Ms. Tri is seeking a Declaratory Judgment that the Board of Health's revocation of her town stable license, and its demand that she remove all horses from her property, are unlawful because both exceed the statutory and regulatory authority granted to the Board of Health under G.L.c.40A, § 3, G.L.c.iii S§ 155, 155, and 1 - FEB-17-2004 11:20A FROM: T0:15088624724 P:4/11 157. She is seeking other such relief as may be granted by law. This is also an action for a stay of enforcement or preliminary injunction to prevent the Board of Health from removing all of the horses stabled at the plaintiff's business, which would put her out of business, and, in the alternative, if the court adjudges the board had authority to. act, to require that it reopen its public hearing under G.L.c.39, § 23B, so that the plaintiff and others may have an opportunity to be present and to submit evidence before the board during a lawfully convened meeting. On the same grounds, in this action, the plaintiff also seeks declax.atory judgment that the Town of Barnstable by :its Building Department and Commissioner exceeded its statutory authority in issuing non criminal citations for the placement of light poles on the plaintiff's property, an alleged violation of building code. Plaintiffs, Dr. Victor Cillis, and Leigh-Anne Souza are taxpayers of the town of Barnstable, who, along with Ms. Tri, challenge the Board of Health's compliance with the Open Meeting Law, G.L.c. 39, § 23B. __ . ..,.The -Parties: 1. The. plaintiff,.- Ms. Brenda M. -Tri, resides at 2051 Main Street, West Barnstable, Massachusetts 02668. She does business as. Diamond Edge Farm, where. at the 7.1 acre site, she boards and/or stables at any one time about fourteen horses, and where she conducts horse. riding lessons, primarily for children. - - .. 2. The plaintiff, Dr. Victor Cillis , re3ides at. 2051 Main Street, West Barnstable, Massachusetts 02668, and is the spouse of plaintiff. Brenda M. Tr .. 3. - ' he plaintiffs, Leigh Anne: Souza, resides of 3715 Falmouth Road, Marstons Mills, MA 02648. 4. The defendan ts are the Barnstable Board of Health, 200 Main Street, Hyannis,MA 02601, and its members, chairman Wayne Miller 2231 meetinghouse, way, west Barnstable, MA, and members Sumner Kaufmann,- Old Post' Road, Cotuit, MA, and Susan G. Rask, unlisted address. 5- The defendant Building Commissioner Thomas Perr y, oversees the Town of Barnstable's building department located at 200 Main Street, ayannis,MA, 02-601. Facts Complaint Against the Board of Health 2 FEB-17-2004 11:21A FROM:: TO:15088624724 P:5/11 6. Since 1998 , Ms. Tri has obtained a license to operate the Diamond Edge riding school/` stable (hereinafter "Diamond Edge") , formerly "Stepping Stone Riding School, " from the - 40ommonwealth of Massachusetts Department of Food and Agriculture Bureau of Animal Health. (Hereinafter the "state license". ) Diamond Edge is an equine farm, training facility, boarding and stabling facility. 7. The current operating license, number 1033, from the Commonwealth was issued on April 1, 2003, and expires on March 31, 2004. A copy of the license is attached to this complaint and marked as "Exhibit 1", and is incorporated herein and hereto in its entirety. Ms. Tri is also licensed by the commonwealth as an riding instructor, number 3924. 8. Such state licenses are granted conditioned on Diamond Edge's passage of inspection by agriculture department inspectors. _ ... Diamond Edge has regularly been inspected by the Commonwealth Department of Agriculture Bureau of Animal Health, and was last inspected on June 20, 2003, and July 24, 2003. 9. Diamond Edge passed each such inspection. See copies of the inspection reports= attached...to this complaint and incorporated herein and hereto in their entirety. The June 20, 2003 inspection' is. marked as "Exhibit 2". The July 24, - b2003 inspection is marked as "Exhibit 3". 10. On or about March 22, 2001, the Board of Health directed that Ms. Tri construct two compost bins for the composting of manure outside the stable at Diamond Edge. 11 On June 26, 2003, the Board of Health by an authorized health agent, issued a non-criminal citation to Brenda M. Tri, dba Diamond Edge Farm, alleging violation of "Part ,X, Stable Regulation," for "failure to properly cover manure" and which demanded payment of $40.00. :See. _the -"NOTICE OF VIOLATION OF TOWN ORDINANCE OR REGULATION," (hereinafter the "notice") number BAR 65339, marked as "Exhibit 4" . attached to this complaint and incorporated herein 'and hereto in its entirety. 12. The June 26, 2003, notice of violation cited as its authority an April 1, 1972, Town of ;Barnstable Board of Health regulation entitled "PART :X STABLE REGULATION", (hereinafter the "town regulation") which was revised on or about July 15, 1993. Today, the town regulation contains fifteen paragraphs purporting to govern`. stable. operations. See the town . regulation, marked as "Exhibit'5",� .the contents of which are *incorporated -herein and hereto in their entirety. 13. On July 1, 2003, the TownLof Barnstable, Board of Health, by its chairman, Susan G. Rask, issued Diamond Edge a stable 3 FEB-17-2004 i1!`21A FROM: TO:15088624724 P:6/11 license, which expires on June 30, 2004. (Hereinafter the "town license". See the town license, marked as "Exhibit 6" attached to this complaint and incorporate herein and hereto in its entirety. 14. This June 26, 2003, notice, was one of several issued by town health agents, that year, including citations numbered: (a) BAR 66279, dated April 14, 2003, citing a .$50.00 fine for purported violation of town regulation Part X, attached to this complaint and marked as Exhibit 7; (b) BAR 66554, dated August 6, 2003, citing a $100.00 fine for purported violation of the town regulation, Part X(7) , attached to this complaint and marked as Exhibit 8. (c) BAR 66533, dated September 29, 2003, citing a $100.00 _ fine for purported violation of the town..regulation, Part' X(7) , attached to this complaint and marked as Exhibit 9; (d) BAR 66537, dated November 10, 2003, citing a $100.00 fine for purported= violation of the town regulation, Part X(7) , attached to this complaint and marked as Exhibit_ 10 15. Citing Part X(7), of the regulation as authority, on July 29, 2003, Health Agent Thomas A. McKean issued a latter, an "ORDER TO L.CEASE AND DESIST", -to .Ms. Tri, focusing on accumulating horse manure, alleged spreading of sandstone and/or dust, stated that failure to comply with the "order" could result in a "* * * $100.00 non-criminal ticket citation," and with each day's "failure to comply" constituting a separate violation. See a copy of the July 29 letter, marked as Exhibit 11, attached to this complaint and incorporated herein and hereto by reference. 16. Pro se, Ms. ;Tri seasonably challenged and appealed each such citation issued by agents of the Barnstable Board of Health and the July 29, 2003 "ORDER TO CEASE AND DESIST" by Mr. ..,McKean. 17. As a result of Ms. Trigs appeals, as they were issued, all of the above referenced Board of Health citations were filed by the Town- of Barnstable' Board .:of Health in-Barnstable's First District Court for a determination of probable cause, and/or for a finding 'of responsible at a-magistrates hearing, and on February 5, 2004, a hearing'on all alleged violations were continued by the magistrate pending resolution of this complaint in Superior Court. 18. On January 8, 2004, -the Board of Health conducted a hearing at which time its members took evidence from its health• 1. FEB-17-2004 11:21A FROM: TO:15088624724 P:7/11 inspector, members of the public, Ms. Tri and her counsel, referencing the above cited purported violations and complaints from the public. Despite documents showing that manure was being removed from Diamond Edge Farm on an almost weekly basis, on that date board members voted to accept proposed findings of fact submitted by the town health inspector, and expressed an intent to shut down the Diamond Edge Farm. (See the document marked as "Exhibit 12","Proposed Findings" attached to this complaint and incorporated herein and hereto in its entirety. ) 19. After discovering the January 8, 2004 meeting had not been posted or held in accordance with the open meeting law, the Board of Health notified Ms. Tri by letter on January 14, 2004, that another meeting would be convened on January 20, 2004 . That notice is attached to this complaint,- marked as "Exhibit 13", and incorporated herein and _hereto._ 20. Ms. Tri by her counsel requested in writing that the January 20, 2004 meeting be continued because on advice of her physician should could not be present. That letter is attached to this complaint, marked as "Exhibit 14", and incorporated -herein-and-hereto - 21. At the January 20, 2004, meeting, the applicant, Ms. Brenda M. Tri, on advice of her physician, in fact could not be present, and the board members were so advised at the. beginning=of. the meeting by Ms. Tri's counsel. 22.'r 'At: that meeting board members refused to continue the meeting so Ms. Tri could be present, refused to make; at least one site visit so they could view conditions first hand, did not accept additional testimony, reread the January 8, 2004, proposed findings of fact then voted to accept said findings. 23. Written notification,of ' the Board of Health revocation which included an additional finding and demand for removal of the horses no later than February 17, 2004, was made public in writing by board chairman Wayne Miller on or about January 30, 2004, when notice was given in accordance with 105 CMR. 400.400 to Ms. Tri on February 3, .2004. A copy of the notification marked as "Exhibit 15" is attached to this complaint, and is incorporated herein and hereto. COUNT X Stay of Enforcement and/or- Preliminary Injunction 24. The plaintiff restates and incorporates' by reference herein 5 F88-17-2004 11:22A FROM: T0:15088624724 P:8'11 and hereto the averments contained in the above listed paragraphs. 25. The riding school and boarding facilities at Diamond Edge Farm are the plaintiff's sole source of employment. Her self employment has also had a crucial therapeutic and emotional benefit to her as she has been struggling with ,an otherwise debilitating long term illness. 26. If the plaintiff is forced to remove the horses from Diamond Edge Farm, then she will immediately be put out of business and potentially placed in breach of contract with clients, potentially exposing her to an assortment of claims. 27. Throughout the course of the plaintiff's interactions with the defendant board of Health, it has refused to consider -,- reasonable alternatives to its current order to. completely ,. remove all horses. 28. Such wanton, capricious, and draconian measures by the board, " 'gwhich would immediately shut down the plaintiff's business, would constitute irreparable harm to the plaintiff. Tri-Nel Management, et.al: v. Board-- of Health of Barnstable, .433 Mass. 217 (2001) . 29. The plaintiff. should prGvail in her complaint because the facts and law support her position 30.• Public policy supports the plaintiff ' s position. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Issue a stay of enforcement prohibiting the Barnstable Board of Health from executing its January 30, 2004, Notice of Revocation of Stable License demanding removal of the horses at the ,Diamond_Edge Farm because even if the defendant suffers any harm as a result of the granting of a stay, the plaintiff will suffer far greater 'harm if the stay is not granted; (b) ., In accordance with M.R.C.P. 65, and Superior Court Rule 9A(c) (3) , schedule a hearing be held after issuance of a stay of enforcement on a Preliminary Injunction; (c) Waive any payment by-the plaintiff of any security or bond under M.R.C.P. 65(c) because, among other reasons, in this type of case the defendants cannot reasonably show any costs or damages that. may be incurred or. 6: FE8-17-2004 11:22A FROM: TO:15088624724 P:9/11 suffered by being enjoined or restrained; (d) In the alternative, if the courz declines to issue a stay of enforcement, in accordance with M.R.C.P. 65, and Superior Court Rule 9A(c) (3) , schedule a hearing be held for a Preliminary Injunction; (e) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT II Violation of Open Meeting Law Stay of Enforcement and/or Preliminary Injunction G.L.c. 39, 5 238 31. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above, listed . paragraphs. 32. On January 14, after notifying the plaintiff that she must request a continuance of the January 20, ,2004 Board of Health meeting no later than fifty two hours prior to the meeting (see Exhibit 13) the plaintiff did request a continuance in writing (see Exhibit 14) 33. The grounds for the request was the plaintiff's medical condition. She faced surgery and on her physician's advise she was urged to avoid stress that could worsen her condition. 34.- oaegardless of the requests, on January 20, 2004, the Board of Health convened on January 20, 2004, at about 7 p.m. , and after rejecting an additional request for continuance to give the plaintiff time-to recover and respond to any additional evidence or statements by members of the board, it proceeded to: a) refuse to accept any new testimony; b) incorporate all evidence taken at its January 8, 2004 meeting that was held. (by its own admission) not -in accordance with the open meeting law, and; c) re-entered into the record their previously approved "proposed" findings of- fact and voted to revoke the plaintiffs stable .license. 35. The actual decision of the board, . giving the plaintiff until February 17, 2004, to remove all horses from the farm and revoking her license, was made public by service to the plaintiff in accordance with 105 CMR 400.400 by deputy sheriff on February 3, 2004 . (See Exhibit 15. ) 36. At the January 20, 2004 meeting, Dr: Cillis and Ms. Barrett FE2-17-2004 11:22A FROM: T0:15088624724 P:10/11 — 'were not allowed to speak by members of the board of health. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Conduct a hearing on this issue within ten days in accordance with the statute, G.L.c. 39, S 23B, at which time the following prayers for relief may be addressed. (b) Find that the defendant Barnstable Board of Health's refusal to take any evidence on January 20, 2004 meeting, aside from a prepared statement by its own agents, constituted a violation of the open meeting law since the facts contained in the statements were not discussed during a lawfully convened public meeting of the Board of Health; - • (c) Find that the defendant Barnstable Board of Health's refusal to continue the January 20, 2004, meeting so the plaintiff could be present, constituted a violation of the open meeting law since the plaintiff was not given due process or a fair opportunity to be present or to provide, evidence or comment to the board on 'its proposed actions and findings during a lawfully convened public meeting of the Board of Health; (d) Find that the defendant Barnstable Board of Health's refusal to take any evidence on January 20, ,2004 meeting, from any source in support of the plaintiff constituted a violation of the open meeting law since the no such facts were, or have ever been,, presented during a lawfully convened public meeting of the Board of Health; (e) Find for each or any of the above stated reasons, the Board of Health's Notice of Revocation of Stable License is the result of an unlawful meeting, and that it therefore is unenforceable, or in the alternative: (i) If the court finds the Board has authority, order that such lawful meeting thereby be convened, and that the Board of Health members make _a site visit' to the farm, or, • (ii) If the court finds the Board has. authority, order that at all such future meetings the Board of Health may only take evidence and consider evidence • submitted during -a lawfully convened meeting,and that-the-Board of 'Health members make a site visit to the farm. . 8-17-2004 11:23A FROM: TO:15088624724 P:11/11 COUNT III 37. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs. 38. on its face, the Town of Barnstable "Part X: Stable Regulation" as adopted on April 1, 1972, Revised on July 15, 1993, states at X(15) : Under Massachusetts General Laws, chapter ili, Section 157 anyone who violates the provisions of these regulations shall be punished by a fine of five dollars for each day such violations continue. The Barnstable Board of Health also reserves the right to suspend or revoke licenses previously issued if continued _,. violations of these regulations occur. Id. 39. Each and every citation issued by the Barnstable Board of Health exceeds the five dollar per day maximum fine allowable under G.L.C. 111, S 157, with said fines ranging from forty dollars to one hundred dollars. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that each and every pending Notice of violation of Town Ordinance or Regulation brought by the Barnstable Board of Health that exceeds the five dollar maximum cited in G.L.c 111, § 157 is preempted by said statute, unlawful and thus unenforceable;; lb) Order the transfer from District Court and dismissal with prejudice of each and every iminal and its associated fine that have nbeen on rbroughtcomthelaint Barnstable Board of Health against the plaintiff; (c) And that said order include the following citation numbers and any others which exceed the statutory maximum: (i) BAR 66279, dated April 14, 2003, citing a $50.00 fine; (ii) BARe66554, dated August 6, 2003, citing a $100.00 fin (iii)BAR 66533, dated September 29, 2003, citing a $100.00 fine; 9 -EB-17-2004 11:2600t FROM: TO:15088624724 P:1/11 (iv) BAR 66537, dated November 10, 2003, citing a $100.00 fine (d) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT IV • 40., The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs. 41. G.L.c.111, §155, "Licensing df stables in cities and large towns; fees" states in relevant part: No person shall erect, occupy, or use for a stable any •= building in a city, or in a town, having more than five thousand inhabitants, unless such use is licensed by the board of health, and, in such case, only to the extent so licensed. * `* * [T)he board of health of such city or town may make such regulations or orders as, in its • �. judgment, the public health requires relative to drainage, ventilation size and character of stalls, bedding, number of animals and storage and handling of manure in any stable in its city or town. Id. (Emphasis. added. ) WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: , (a) Find that (in so- far-- as the Town of Barnstable Board of Health is relying on "Part X: Stable Regulation" in its non-criminal enforcement action against the plaintiff) each, or any, of -the f ifteen 'listed paragraphs of "Part X", violate G.L• .c. 111, 5155, going beyond the statute by regulating areas outside and not- related to the drainage, ventilation, size -and character of stalls, bedding, number of animals and storage and handling of - , manure in any stable in -the town (b) Order the transfer from District'Court and the dismissal with";prejudice: of each" and=every non criminal complaint and its associated fine that have_been brought the Barnstable Board'`of Health against the plaintiff which exceeds the statutory authority granted under G.L.c.11, §155, (c) Include in any order the following citation numbers and any others which' exceed the statutory maximum: 10 rE8=17-2004 11:29A FROM: TO:15088624724 P:10/11 49. G.L.c.111, §125A, states in relevant part: * * * the spreading of manure upon agricultural and horticultural or farming lands or noise from livestock or farm equipment used in normal, generally acceptable farming procedures * * * shall not be deemed to constitute a nuisance. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that Docket 0325CR 002331 and its underlying non- criminal complaint, fail to state with sufficiency a cause of action upon which relief may be granted; _(b)--- -Order the transfer from District Court and dismissal with prejudice of said complaint and associated fines that have been brought by the Barnstable Health Department against the plaintiff; and (c) Grant what ever other type of relief to the plaintiff thatthe court determines are mete and just. COUNT VI - 50. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs. 51. -,An income generating horse stable and riding school on a .parcel five acres in size and larger constitutes an "agricultural" use under G.L.c.40A, § 3. Steege v. Stow, 26 Mass .App.Ct. 970 (1988) . 52. G.L.c.40A, § 3, `-'Subjects which. zoning may not regulate; . exemptions; public hearings * * *", states in relevant part: No zoning ordinance or by-law s all regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by--law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture * * * nor prohibit, or unreasonably regulate, or require a special permit for the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture * * * Id. (Emphasis added-) 12 FE8-17-2004 11:29A FROM: TO:15088624724 P:11/11 53. G.L.c.40A, §lA, "Definitions" of "Zoning" states: "Zoning", ordinance and by-laws, adopted by cities and towns to 'regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants. Id.. (Emphasis added. ) 54. "Part x: Stable Regulation" as adopted on April 1, 1972 , Revised on July 15, 1993, states in relevant part in paragraph one, that the Board's authority arises from, "Massachusetts General Laws, Chapter 111, Section 155" and the "zoning By-Laws of the Town of Barnstable". WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that the plaintiff's operation`of -a stable and riding• school is an agricultural activity under G.L.c.40A, § 3 - (b) Find that the town's ability to regulate such activity is restricted by -both G.L.c. 111, § 155, and G.L.c.40A, S3i (c) Find that those paragraphs of "Part X: Stable Regulation" of Town of Barnstable which go -beyond- the scope of both G.L.c. 111, § 55, and G.L.c.40A, §3 constitute an unlawful effort by the town to restrain an agricultural activity; (d) Order the transfer from District Court and dismiss with prejudice each, any, or all non criminal complaints and associated fines that have been brought the Barnstable Board of Health against the plaintiff because they in fact exceed the•town's regulatory and/ statutory authority; (e) Include in said order dismissal with prejudice of the following non-criminal citation numbers:. (i) BAR 66279, dated April 14, 2003, citing a $50.00 fine; (ii) BAR 66544, dated August 6, 2003, citing a $100.00 fine; (iii) BAR 66533, dated September 29, 2003, citing a $100.00 fine; (iv) BAR 66537, dated November 10, 2003, citing a • 13 •FEB-17-2004 11:27A FROM. 15088624724 TO: P:3/11 $100. 00 fine; (f) Vacate and otherwise dismiss with prejudice the January 30, 2004, Notice of Revocation of the plaintiff's Stable -�. License and its attend order to remove all horses from the premises; (g) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. The Building Department COUNT V I I 55. The plaintiff restates and incorporates by reference herein ; .and hereto the averments contained in the ..above..listed paragraphs. 56. On or about June 26, 2003, the plaintiff applied for a permit to perform electrical work-with the :Barnstable Building Department for the installation of "Light to Gazebo and outdoor paddocks andarena for safety of riding and caring for/ safe keep of horses. " The application also stated one lighting outlet would be installed, ' four: lighting fixtur_es- and one receptacle outline and switch.".A copy of the .,,application is-attached -to-this complaint, :marked. as ."Exhibit 18" and incorporated by reference herein and hereto in its entirety. 57. The plaintiff paid a. thirty five dollar fee and a permit was issued, permit number 69795. 58. The plaintiff subsequently had lighting posts installed for the riding arena which is used by the horse riders for the purposes stated above. 59. Shortly thereafter, the Town of: Barnstable by its Building Department and authorized agents have been issuing non criminal citations against Ms. Tri, each stating: Lighting Pole Erected Without Old Kings Highway Approval, Chap. 470, Sec 6 Old Kings Highway, and each-purporting to levy a $100.00 fine -A sample copy-of the application for complaint for nine of the alleged violations is attached, and marked as "Exhibit 19 60. To date there are at least twenty seven such citations, all of which were duly appealed by Ms. Tri, and all of which have been filed in Barnstable,s District court for a magistrate's ' earing. 14 - FEB-17-2004 11:27A FROM: T0:15088624724 P:4/11 61. As with the Board of Health non-criminal citations, at this time the magistrate has stayed proceedings on all said Building Department non-criminal complaints pending resolution of this matter in this court. 62 s The statutory reference cited on each of the complaints is "Chap. 470, Sec 6 Old Kings Highway Regional Historic." 63. None of the documents cite the specific Act or Resolves from which Chapter 470, § 6 is derived. 64. Chapter 470, of the Acts and Resolves of 1983 refers to "AN ACT FURTHER REGULATING THE PROTECTION OF THE PUBLIC HEALTH", and its § 6 refers to the definition of a research laboratory. Chapter 470 of the Acts and Resolves of 1989 refers to "AN ACT REGULATING THE RIGHTS OF PUBLIC EMPLOYEES TO RUN FOR ELECTIVE OFFICE", and its § 6 amends_chapter 150E _ . of the General Laws. Chapter 470 of the Acts and Resolves of "1993 refers to"AN ACT RELATIVE TO 'THE ERNESTINA COMMISSION" and contains nothing related to fines for the installation of light poles. A review of the Act and Resolves in other years presents a similar array-of assorted legislative actions. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that each and every non-crimdnal citation filed in the year 2003,',by the Barnstable Building Department, by its authorized agent, fails to state with sufficiency a cause of action upon which relief may be granted; (b) Order the transfer from. the- District Court and dismiss with prejudice each, any, or all non criminal complaints and associated fines that have been brought by the Barnstable Building. Department against, the plaintiff; and (c) Include in- said order dismissal with prejudice of the following non-Criminal citation numbers as listed in the Barnstable District Court Docket:' , • .(i) BAR 67661 to 67669, each citing a $100.00 (ii) BAR 67651 to 67655, each, citing_ a $100. 06 fine; - (iii) BAR 52913 to 52925, each citing a $100.00 fine- ,(iv) BAR 67,6261 67636 to 67650, each citing a $100.00 fine; . _ (v) - BAR 52913 to 52917, each citing a $100.00 fine; (d) Grant what ever other type of relief to the_ plaintiff that the court determines are mete and just15 , , , • • ' _ • • • FEB-17-2004 11:27A FROM: TO:15028624724 • P:5/11, _COUNT. VIII 65. The plaintiff restates and incorpora-es by reference herein and hereto the averments contained in the above listed paragraphs, and in the alternative to Count v, states as follows. 66. The Old Kings Highway was establish" d 70 of" ,,4cts of 1973, as amended by Chapter 298b and y h845eofr 4the Acts of 1975; Chapter 273 of Acts of 1976; Chapter 38 and 503 of Acts of 1977; Chapter 436 of Acts of 1978; Chapter 631 of the Acts of 1979; Chapter 338 of Acts of 1982; and Chapter 90 of the Acts of 1994. (Hereinafter the "Old Kings Highway Act". ) 67. Section 6 of the Old Kings Highway Act, "Limitations", states in relevant part * * * no permit shall be issued by the building inspector for any building or structure to be erected within the district, unless the application for said permit shall be accompanied;'eitler by a certificate of appropriateness or a certificate of exemption which has been filed with the town clerk. 68. Section 3 =of the Old King''s Highway Act, -"Definitions", defines "Structure" as: * *. a combination- of materials other than a building, sign or billboard, but including stone walls, flagpoles, hedges, gates and fences. 69. %ection 3 of the Old King's Highway Act does not def light post and/or light pole. inea : 70. On information and belief, no person has been required to apply for a lighting post or pole ` in .area under the jurisdiction of the Old King's 'Highway'Act. 71. Upon application by Ms. Tri 'for her lighting installation the Town of Barnstable issued her -a -permit without it being ' accompanied either by`a certificate of a ppropriateness or a certificate of exemption having been filed with. the town clerk as required by. Section of the Old Kings Highway Act.,_:. 72• No such certificate of -appropriateness or a certificate,of exemption were required because none was needed for the work that Ms. Tri applied for and which was accomplished. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS LE • 16. FEB-17-2004 11:28A FROM: TO:15088624724 P:6/11 a) Find that each and every non-criminal citation filed in the year 2003, by the Barnstable Building Department, by its authorized agent, fails to state with sufficiency a cause of action upon which relief may be granted; (b) Order the transfer from District Court and dismiss with prejudice each, any, or all non criminal complaints and associated fines that have been brought by the Barnstable Building Department against the -plaintiff;and (c) Include in said order dismissal with prejudice of the following non-criminal citation numbers, as listed in the Barnstable District Court Docket; (i) BAR 67661 to 67669, each citing a $100.00 fine; -- (ii) BAR 67651 to 67655, each citing a $100.OQ- fine,( ii) BAR 52913 to 52925, each citing a $100.00 fine; (iv) BAR.- 67626, 67636' to 67650, each citing a $100.00 _ fine; - (v) BAR 52913 to 52917, each citing a $100.00 fine; " "'(d) Grant what ever other type of-relief to the plaintiff, - that- the court determines are meteand just. COUNT IX ` 73. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs, and in the `alternative to Count vI,, _states- as follows. 74. Nothing contained in the Old Kings Highway Act, other legislation, states'-that said _sct superseder s G any : e G.L.c.40A,. § 3, "Subjects which zoning may not regulate; exemptions; public hearings * * *", as defined in G.L.c.40A,"Definitions" of "zoning . �1A, WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that the plaintiff 's operation of a stable and . riding school is an agricultural activity under G.L.c.40A, § 3; (b) Find that the townsability to-regulate such activit is not granted under Old Kings Highway Act; y (c) Order the transfer from District Court and dismiss with prejudice each, any, or all,,non criminal complaints and 17 , • • FEB-17-2004 11:28A FROM: TO:15068624724 P:7/11 • associated fines that have been brought the Barnstable Building Department against the plaintiff because they in fact exceed the town's regulatory and/ or statutory authority; (d) Include in said order dismissal with prejudice of the following non-criminal citation numbers as listed in the Barnstable District Court Docket: (i) BAR 67661 to 67669, each citing a $100.00 fine; (ii). BAR 67651 to 67655, each citing a $100. 00 fine; (iii) RAR 52913 to 52925, each citing a $100.00 fine; (iv) BAR 67626, 67636 to 67650, each citing a $100.00 fine; (v) BAR 52913 to 52917, each citing a $100.00 fine; -��-- - ,le) ._._Grant what ever other type of relief _to the_ plaintiff _ that the court determines are mete and just. COUNT X 75., The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs , and in the alternative to Count VII, states as. follows. 76. section 12 of the Old Kings Highway act, "Enforcement", states in relevant part:, "An y provision of this Act shall"Any eperson- who violates. any -fined not less than One Hundred- Dollars ($100.00) nor($500.00) . Each day of violation�of . thre is Actn �shallrco constitute a separate violation.�� nstitute 77. The Town of Barnstable in this action is '• seeking finesy of one ,�iundred -dollars per day for -at least twenty seven days. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that the defendant Town of Barnstable by its Building Department and authorized agents is acting in a wanton and capricious ,manner, attempting to levy a fine far in excess of that allowed under any reasonable interpretation or the law; . _ (b) Order the transfer from District Court and dismiss prejudice of each ' any, s with and associated fines hatrhave been non cb ought themplaints Barnstable Building-`Department against thet because-they in fact -exceed the towns regulatoryiff or statutory authority; and/ 18 • FEBs17-2004 11:28A FROM: T0:15088624724 .. .. P:8/11 (c) Include in said order dismissal with prejudice of the following non-criminal citation numbers as listed in the Barnstable District Court Docket: (i) BAR 67661 to 67669, each citing a $100.00 fine; (ii) BAR 67651 to 67655, each citing a $100.00 fine; (iii) BAR, 52913 to 52925, each citing a $100.00 fine; (iv) BAR 67626, 67636 to 67650, each citing a $100.00 fine; (v) BAR 52913 to 52917, each citing a $100.00 fine; (d) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT XI The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs, and in the alternative to Count -VI-I, states as follows. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT grant what ever other relief to- the plaintiff that the -court determines are mete and just. An affidavit by plaintiff Brenda M. Tri is attached in support of this complant. THE PLAINTIFF D A TRIAL BY JURY ON ALL ISSUES SO TRIABLE. - RESPECTFULLY SUBMITTED PLAINTIFF BY HRHATTORNEY Ant 633858 • torney at Law- 3291 Main Street, P.O. Box 730 - Barnstable, MA 02630 (508)- 362-8342 Date 1 19 FE8.-17-2004 11.r9A FROM: T0:15088624724 P:9/11 COMMONWEALTH OF MASS10EUSETTS Barnstable, SS Barnstable Superior Court Civil Docket BACV 2004- BRENDA M. TRI, ) dba DIAMOND EDGE FARM ) • PLAINTIFF ) v. ) BOARD OF HEALTH OF THE TOWN OF ) AFFIDAVIT AND ) VYRIFICATIFN OF COMPLAINT BARNSTABLE, AS CONSTITUTED BY ITS MEMBERS, ) BY PLAINTIFF WAYNE MILLER, CHAIRMAN ) ) _ SUMNER.RAUFFMAN ) SUSAN G. RA.SK BUILDING COMMISSIONER, TOWN OF ) ) BARNSTABLE, THOMAS PERRY ) DEFENDANTS ) 1. My name is Brenda M. Tri, I am an adult above the age of 18 years, I am the named plaintiff in this action. 2. I have read the complaint being filed on my behalf by my attorney, and thoroughly familiar with those facts, and the facts as related in the complaint are correct. 3. In addition, my farming activities at Diamond Edgge Fa been economically harmed by the Town of Barnstable's attempt to impose unreasonable restrictions. I have suffered physically. emotionally and .. . ,. . . . . 4. I reviewed all documents. attached to the complaint and ,, As exhibits, and provided those documents to m markedA are documents which i have maintained in the routetc course of my business at Diamond Edge Farm, ar true and accurate copies of documents Ihha emarsodmaintained exhibits are ALL OF THE ABOVE IS TRUE TO THE BEST -OF MY INFO ON, AND BELIEF. SIGNED •UNDER THE PAINS AND PENALTIES OFIPERJURY THIS DAY, FEBRUARY 17, 2004. • a Mom. Tri : . COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: BARNSTABLE DISTRICT COURT No. 03 25 CR 002331 No. 04 25 CR 001769 No. 04 25 CR 001771 No. 04 25 CR 001772 No. 04 25 CR 001773 COMMONWEALTH COMMONWEALTH'S AND DEFENDANT'S v. STIPULATION TO CONTINUE TRIAL UPON PROBATIONARY BRENDA M. TRI CONDITIONS AND DISMISSAL UPON SATISFACTION Now comes the Commonwealth and the Defendant and stipulate as follows. 1. The trial of the above complaints scheduled to begin on September 15, 2005 is agreed to be continued to a date assigned by the Court in February, 2006. 2. The cases are to be assigned for pretrial status conference on a date in January, 2006 to be assigned by the Court. 3. As a condition of the continuance, the Defendant is to complete probationary terms without supervision consisting of (a) construction of animal waste composting bins promised in her compost registration application dated December 1, 2003 in October, November and December; (b) composting animal waste in the bins as they are completed in accordance with her application; and (c) submitting a stable license application and animal waste management plan to 20030213 stipl 1 the Barnstable Board of Health by the end of September, 2005 accounting for all animal waste including composted and non-composted if any. 4. If the Defendant completes the probationary terms established as a condition of the trial continuance, the Commonwealth shall dismiss the complaints and waive the imposition of any fines at the next status conference. 5. If the Defendant fails to complete the probationary terms established as a condition of the trial continuance, the Commonwealth and Defendant shall agree on a date for filing of any motions to be heard prior to trial. 6. The terms of this stipulation and dismissal shall not operate as an agreed statement of facts upon which a finding of guilty could be made, nor a waiver of claims or defenses based on the authority or lack of authority to regulate public health or agriculture. Dated: , 2005. BRENDA M. TRI COMMONWEALTH OF MASSACHUSETTS, DEFENDANT By: By Her Attorney: ANTHONY ALVA T. DAVID HOUGHTON, Assistant Town Attorney [B.B.O. No. 633858] For the Town of Barnstable, on Motion of the 3291 Main Street District Attorney for Barnstable, Dukes and P. O. Box 730 Nantucket Counties Barnstable, MA 02630 [B.B.O. No. 241160] (508) 362-8342 367 Main Street, New Town Hall (508) 362-7770 (fax) Hyannis, Ma. 02601-3907 (508) 862-4620; (508) 862-4724 Fax 20030213 stipl 2 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: BARNSTABLE DISTRICT COURT No. 04 25 CR 001766 No. 04 25 CR 001767 No. 04 25 CR 001768 No. 04 25 CR 001770 COMMONWEALTH COMMONWEALTH'S AND DEFENDANT'S v. STIPULATION TO CONTINUE TRIAL UPON PROBATIONARY BRENDA M. TRI CONDITIONS AND DISMISSAL UPON SATISFACTION Now comes the Commonwealth and the Defendant and stipulate as follows. 1. The trial of the above complaints scheduled to begin on September 15, 2005 is agreed to be continued to a date assigned by the Court in February, 2006. 2. The cases are to be assigned for pretrial status conference on a date in January, 2006 to be assigned by the Court. 3. As a condition of the continuance, the Defendant is to complete probationary terms without supervision consisting of immediate cessation of use of the three poles and floodlights illuminating the riding arena on her property and remove the poles and lights by the end of December, 2005. 4. If the Defendant completes the probationary terms established as a condition of the trial continuance, the Commonwealth shall dismiss the complaints and waive the imposition of any fines at the next status conference. 20030213 stip2 1 5. If the Defendant fails to complete the probationary terms established as a condition of the trial continuance, the Commonwealth and Defendant shall agree on a date for filing cf any motions to be heard prior to trial. 6. The terms of this stipulation and dismissal shall not operate as an agreed statement of facts upon which a finding of guilty could be made. Dated: , 2005. BRENDA M. TRI COMMONWEALTH OF MASSACHUSETTS, DEFENDANT By: By Her Attorney: ANTHONY ALVA T. DAVID HOUGHTON, Assistant Town Attorney [B.B.O. No. 633858] For the Town of Barnstable, on Motion of the 3291 Main Street District Attorney for Barnstable, Dukes and P. O. Box 730 Nantucket Counties Barnstable, MA 02630 [B.B.O. No. 241160] (508) 362-8342 367 Main Street, New Town Hall (508) 362-7770 (fax) Hyannis, Ma. 02601-3907 (508) 862-4620; (508) 862-4724 Fax 20030213 stip2 2 2.051mohSr4 (CI 1ts), ., v0 c_ q 'r v 1, , ..., 0 i 0 Q. d Tv Q v o , r o 7. ' p L Y ` N a 0 NAME OF OFFENDER VI c,�-ts r O y \ 6�n j ck (I 11�i s B A R a 9 TOWN OF ADDRESS OF OFFEN OS I M 1 t` .1f [� BARNSTABLE CITY,STATE,ZIP CODE i}Gxrvs.t G \1 1 t 4c, a O 2.103C1 /&SHE► MV/MB REGISTRATION NUMBER / �. OFFENSE op - 1�1 G( / sect-i Y\ OW t�•�.(ftS t1 )Q�j ' coo 1,AR ai .:bell .�, A..t,4i+ sib 1:,.Y C 4 'r c`ts,tt ly "t• 'O%A t + 0- i4,. CD k`S Or t C 'Di SAr•1CA A C* -- 1 ‘C 1n Ly5S f 45tt1Md�iy Qppov6 1 LU TIME AND DATE OF VIOLATION t-*+.-)j LOCATION OF VIOLATION" Z NOTICE OF `-'1':t,k,> (A.M./M ON )0-11/ ,is c,LcS/ /►'Iola Si L) ar ns a1.71e SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO. W. VIOLATION w, .e., c4`__--- bldy N> OF TOWN tI 1)0 J o I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE 8 Unable to obtain signature of„offender, dss 1--- _1Q /O_z a-0 3 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ IL)U OR Date mailed YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w cn REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, u before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or b mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDEQ i r 0 b`e (L ADDRESS OF OFFENDERc •1\'., - BAR 52924 DE TOWN OF2OSl d 0.. t> S* . 4' BARNSTABLE CITY,STATE,ZIP �C,O3 . ,g € S 0t \e ! ,f�J��«,G 02(0,30 .,4 FfilkIHE� NUMBERBARNSTA `� 1 MV/MB REGISTRATION NUMBER �0, • • OFFENSE L,. \�ASSp $ �up �17� Sec�'tOv� , (�Id f`�nc�5 }�'� h,. .y K, , Ft,n41 , La 6yq. A0 {i 1 p G cLA's ` arrS erec•k }'�,'<woo- u+� e _.'to ► $5 f)C V1:51 f 1 C.} I\CA - IC""t S f li 4 k Loo•v Q(gyp(Uv4 1 > TIME AND DATE OF VIOLATION C ui+.,$ LOCATION OF VIOLATION Z NOTICE OF - O (A.M. P M)ON JCf -IS -1s' .do I tylc,,„ s t.).), 30 c I ''\a Ok "1 J SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO. - W VIOLATION " vim-.-- t. 1 .r w TOWN a L J I— OF I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE li Unable to obtain signature of offender. A �' Cb_!0-0 THE NONCRIMINAL FINE FOR THIS OFFENSE IS Si U, Date mailed w w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL rZ DISPOSITION WITH NO RESULTING CRIMINAL RECORD. .Li, REGULATION N (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation fore hearing. • (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint maybe issued against you. 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature • • BAR 52925 NAME OF OFFENDER } C.A 4.,,C ) r C.T"U t.C s��t� 'K� YN 4 1' t<a TOWN OF ADDRESS'OF OFFENDER 12D 1 \G,ti s`r BARNSTABLE CITY,STATE,zlPwwc�O�)q)-E,J bat sl „,10 fit '(A cA ' 62(3 b t ��pit1E row "� \ 1 t MV/MB REGISTRATION NUMBER +� op OFFENSE `y, t�(�ry}t(� A (^, } j�`yl r.t{w {t. �/('�p (` r� IIA MASSPIJ:.q htt0 1 f0 Seck% " V'�: I.`tkCS ` tCfi1WU� ti\GIO CIA Lij MASS. ! t rED MAr E,O { i t ti/ei POle)4 ettc4(- WAr'i"T ptol.�,+ 0 N OJ 1$ot 1 C ?;5,ArtC A.t* — }c I( S }�ttkLodt, Aap(J4 i > TIME AND DATE OF VIOLATION ._- , i Z fa rjj LOCATION OF VIOLATION J / ' Z NOTICE OF 3 1 o U (A.M./ P,M:NON /O"1 ' ,19 ,205} 1116t n 5+ 1.-J. BCAmS t SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO. W '1 VIOLATION Q� .P t51 �C.4' v' OF TOWN 1, o I HEREBY�ACKNO LEDGE RECEIPT OF CITATION X a • ORDINANCE CI Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $I 00 Q° ~ Date mailed 20 — w w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. t ; ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER in 1 11 1s BAR 6'7 626 \/1 G�r an dre.vt�G, • TOWN OF ADDRESS OF OFFENDE)i 46.51 M ft9t BARNSTABLE CITY,STATE.ZIP CODE ¢ W . gc�rn5' .w�\e C 'a•• 0,2�3o P`0*TE I' ' , MV/MB REGISTRATION NUMBER '11 • ...! OFFENSE �+. / /, {� { 9Q� „639• `m� t .Ik1Q 147O ,l�° ti Yl\ fea Old k,1✓1cs T•1;41 t.zel.Ku Reo 1 ov'al 1 o ,elfD me./ �J T y .,j,, �.i i Jpek Vert 4 d ,Tnou.T 6I4 w kiI S`!D1'! C I)1s46C A 1 '" �c;Ncc 1•lic. i.,aat, ex ra�rrava 1 > *' TIME AND DATE OF VIOLATION LOCATION OF VIOL�IATnIO�N� ' 1 W NOTICE.OF `3:(1v (A.M./€M;)ON 18-1? ,;2a2003 .�A3•! rat',Q UA S 1- ice)• C rr ret\ \t a SIGNATUREOF ENFORCING PERSON ENFORCING DEPT. BADGE NO. w VIOLATION; '119 r B i o OF TOWN ► HEREBYC1KNOWLEDGE RECEIPT OF CITATION X a ORDINANCE II Unable to obtain signature of offender. OQ Date mailed /t�"��'0 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ N O, w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w • REGULATION a to You may elect to pay the above tine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, LU before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose;a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. V.• a D.I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature • NAME OF OFFENDER V r Q.tnl te_\CA C';11 ;S BAR 67.636 . c� TOWN OF ADDRESS OF OFFENDER t 020S) M tv.:,c� BARNSTABLE CITY,STATE,ZIP CODE Ltd, '6o,t-nc\A\3\<4 Ma. 02(0'30 THE r MV/MB REGISTRATION NUMBER '-g\o. OFFENSE RARNSIARI.E. ' )' t� ` � vvss. (�lrn `770 Sec�',oY. ( 00 K;ntg t•�iuNN,. Ay 'E {'cttann©.\ \-'rsiocic. o _ti6}q �0 -P t �{. !1 et � 1y \FD MO ),5 6�.. ! Ac "' 1 �o1�..S `te(44 IA.)% '\t)k Q� VQ t • �i TIME AND DATE OF VIOLATION at t LOCATION OF VIOLATION t t W NOTICE OF 3:bta (A.M.• P. ,)ON / 20,2063 • .2651 Mco:,, , SIGNATURE OF ENFORCING PE SON ENFORCI G DEP. BADGE NO. N VIOLATION e j ...,f 6 141 OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ORDINANCE El Unable to obtain signature of offender. °6 1- �0—2�_ 63 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ �QO, Date mailed Lii w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL cl- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION Q (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER V tc r o rtn�� ;fl BAR ` •TOWN OF ADDRESS OF OFFENDER i`�t� �,i BARNSTABLE CITY,STATE,ZIP CODE LA). bar vNs\'a'a`e.. ra . 021036 �II*r� - MV/MB REGISTRATION NUMBER P1�ti �, O OFFEN,SSEry` (�r� ! j `4 \ t , BARNSTABLE,q C.Y6Q G► "I /O SEC. 10V1 (o OKI. k,l14"S 41c .)wo y Pt"GiIOV O j A'ks `t O Ld 'HATS. 1 \j 3 FD Mpi 11 nn i t -J t T 1� rtCC 1�C 1���� on�cS �('�C �d Wa�,naw +aa radar > TIME AND DATE OF VIOLATION Q w LOCATION OF VIOLATION 1 W NOTICE OF . 3!00 (A.M./ P.M))ON f 0-2l ,20 OJ . .6 SJ /Y�a;.l S'I' , eCkt ns lb Ile SIGNATURE OF ENFORCING PERSON ENFORCI G EP BADGE NO. N VIOLATION (}� / 1Si ` ,G� l f i 0 OF TOWN (,i bi) / v I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE Ig Unable to obtain signature of offender. A A ° 1— Date mailed / i—o3 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $/LW, w LU OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above tine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE, MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Sinnatura - .. NAME OF OFFENDER V t CNQ,,c Q'N \l•�S' ,/1l Y'eJA XCh. a;\1 y C BAR 67638 TOWN OF ADDRESS OF OFFENDER p ,2o$) Ma,riSAC. BARNSTABLE CITY,STATE,ZIP CODE _ ' GEC A4S4\0..\% Vet MO. \I�h O., 0 ZOO k 0*tNE row • MV/MB REGISTRATION NUMBER , ti b:J OFFENSE /'� e 0Q 1ASS r a llA p I19d Sec eb& � O kt ASS N ►o wo y R q oa�c\ S ri '0 630. <0 s.r r o MPS 1 \ 15 r;el Ac. — ii Lt ocs\eS ere c' e.1 wt"tVo+,z a0oc1:s)a.\ > TIME AND DATE OF VIOLATION si T LOCATION OF VIOLATION y 1 Q w NOTICE OF 3%co (A.M./ -,A)ON 101-22 ,2009 „20Si rAet%A S'c Gt.), &srA� 1l . SIGNATU,RE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO, LLU ;,VIOLATION , /al ' �31J5 0 OF TOWN I HE EBY�ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE ® Unable to obtain signature of offender. [30 I- 2_ THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ ( w Date mailed / w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION cn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, J before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ . . • Signature NAME OF OFFENDER I I t c*o- Q V^ A` c; ,, ; BAR - ' 3 s TOWN OF ADDRESS OF OFFENDER GSl : 4 BARNSTABLE CITY,STATE,ZIP CODE U.) eo.r nsXAAt.', Mo. 02,SC) //��NE ro,- MV/MB REGISTRATION NUMBER //Pam. _� • G OFFENSE IIAR\IARIE. : 7 NASS �. ('_l,G f3-LI70 Sec4 i a,n �9 0 W tc c 14 iS��lay ReG t 0A A%S t t c o • fD MPN� �isr\4� A�� - \�4� rx�les � ec�e w‘ 400tn►1a\ > TIME AND DATE OF VIOLATION •J , LOCATION OF VIOLATION i I tt w NOTICE OF 3`Cot3 (A.M./ ON 1c 27 ,200a .1�1 rig',,. Si i,J• Qa,rnS�'ab\-t a SIGNATURE OF ORCING PERSON -i: ENFORCING DEPT. BADGE NO. < . VIOLATION 1, yt'J /�+--• 8/.1) OF TOWN I H RE Y1ACKNOWLEDGE RECEIPT OF CITATION XLu ORDINANCE II Unable to obtain signature of offender. QQ 1- THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ 00, _..1Date mailed r0`27` 03 w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a .DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION cn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ • ' Signature _— _ • NAME OF OFFENDER r� f Q.� �reti` ;�\�5 BAR 67S40 TOWN OF ADDRESS OF OFFENSE cam}�5 1 M�f O. C'S1 , ld BARNSTABLE CITY,STATE,ZIP CODE 1.�3• arr�slv a�ole. o . p2b3© pf♦HE►p MV/MB REGISTRATION NUMBER P� O OFFENSE ry 1 /� _{ ty �] l+ MASS. �'IQ ��( 4DY1 It1CrS \t< WQ� ui 639. �0 .,. 1 O p'E' "' iDiS4kik /ICY — \\�1\� pales er>•A"-C� w\�\nofk ' a, n/uVCA 1 >-J TIME AND DATE OF VIOLATION t LOCATION OF VIOLATION/y'j V V 1�� w NOTICE OF 3 4£L3 (A.M.,a)ON /p—ZY ,20 a) ) 51 1!)C.,I 5+ LA), &(0541. )I SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO. w VIOLATION +�J cn o OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE E Unable to obtain signature of fffender. a4 ,_ Date mailed ���z�_ �j THE NONCRIMINAL FINE FOR THIS OFFENSE IS S f�}(�. w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL °- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION cn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, LIJ 'before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND, MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER_; ck 1 {31~.(A C 11\;s BAR 67 46. TOWN OF ADDRESS. OF OFFENDER . iY1 o.,,11`V t{yJs* {4r + BARNSTABLE CITY,STATE,ZIP COADE]^ , Sat a0.y ‘e 'Mc,. Oa�3O `e1HE!\ 1L".7 ` MV/MB REGISTRATION NUMBER P 64 9 OFFENSE / I} .ba 70 Se». _tQ PoACS, �ckAIG 4Iv►a ooas9 r *^ J I,kk ere.t""t 1.43i1 1.a1, Old t'►�cliS Htght y QOIx1JVk) > • TIME AND DATE OF VIOLATION 1 LOCATION OF VIOLATION J rf f Y w NOTICE OF w:AU (A.M. P. >)ON /0)77 ,20a3 .20s) /nem St Q VIOLATION SIGNATURE OF ENFORCING, , 1ff✓✓dd PE SON ENFORCING DEE.� 1 BADGE NO. LU I1 , OF TOWN Ci LO I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ORDINANCE E Unable to obtain signs ure of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS s/41 , w Date mailed I 1 II/o. LU OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL rL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)It you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. • (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. • 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature _______ _ NAME OF OFFENDER V { { el,twf f} i is BAR ' 764 TOWN OF ADDRESS OF OFFENDER +�Nm�.l•» !A'i? ON,rkM if••`~"' .20S I fiNa\k S BARNSTABLE CITY,STATE,ZIP GODS, ; pv r sk + e r ist ,. 02 +] 0 ;1HE f� y V {(�wr"��,J MV/MB REGISTRATION NUMBER - 'o• OFFENSE n jj,'jI (+.j{. /r. J/., J{ y�e[_ ` /�}4 r'/�l�q .^ }t +}.y3 ti t ,,,s{,• NAizisf, :. ('.!M?� "(` A e4{;N V1>J i'�•»yS t`4lnwav 3'ec;�'lal !7E roV�c, Q S)"'Pi - -' MASS. f C 059. .elEO MPS a`e ��u}}� • }} } k �•1 f 1 4 t 1 ( uj C..T ne I IgkA- Fo1e e.cec A 0)�'`1�(5t T Q krrtcS ;�1r hugs y' Ci9.0("DYCt1 > NOTICE OF TIME AND DATE:0 OF 0LA(A.M./(fl )ON /0/2 et ,20 03 )05)OFION LOCATION frIcA: 54- LAI 'ace t nS I.0 SIGNjRE.fO•f``��F ENFORCING PER$QN ENFORCING DaP>� BADGE NO. cow VIOLATION sri K/ di.- rif.'. R1J OF TOWN1 hi)/ w I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE 2 Unable to obtain signature of offender. °4 I—. t f�3�03 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $MO,Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION rn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. 4 ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature. ,s NAME OF OFFENDER Vie ctAd tBrevlccb. j {�ry 1)j BAR 67648 TOWN OF ADDRESS OF OFFEND „ tr . BARNSTABLE CITY,STATE,ZIP CODE, "VAI t, n , x' O Z GS0 MV/MB REGISTRATION NUMBER 44f1 , Faso. 1 o Mak� D ILhaPf'14 , €'etIN► t o c;1 A'1,44., oy Pe'G;60,a ti% rt y4r►(. c v ` i GK* . \ ..� ; C..c eci tAiA*Ne�, Jit) k 'Ilkc y)4141A �,/ +l,a,1( }t�Q.! > NOTICE OF. TIME AND D ;OCil (ANM./EP M:)ON )O12 I 200 LOCATION OFVIdLATION t S V Y W ,� �tl3 1 Ma t n SIGNATURE OF.ENFORCING PERSON ENFORCING D PT.) BADGE N0. VIOLATION U . .,,.•, �/�'' f . 0 OF TOWN I HE EBYACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE E Unable to obtain signature of offender. °'° ►—. �� /6 THE NONCRIMINAL FINE FOR THIS OFFENSE IS s d�. W Date mailed W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1) cn You may elect to pay the above line,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, LQu before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, EJ. Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND, MAIN STREET,BARNSTABLE, MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this ,.' citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing 3 to be due,criminal complaint may be issued against you. 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature - - q • NAME OF OFFENDER i j'+} .f� # BAR 6-7649 4 TOWN OF ADDRESS OF OFFENDER r `1<, tw Taw• f�►✓F {� !! BARNSTABLE CITY,STATE,ZIP CODE` Rai- i-A Ky ` ke P�a. O ��tME\ -.1 *1• 1d,•J " t3 i11 MV/MB REGISTRATION NUMBER - . OFFENSE BARNSTABLE. . } LJ.. „:55.� loan 470 Se(-4 ,0A Cal k;6c,c 14:cf,hurl.� t'Qtovnc � l\isAt ;c. 'yi5 r.4. C 1 G Do es et 2^ t LftC+,n. OW ,KC, >^ {kF14+1001 a l '1"DYQ + ill TIME AND DATE OF VIOLATION " LOCATION OF VIOLAT ON .X "gyp 1 Si w NOTICE OF' 2160 (A.M.KEW)ON /4�30,2007 2.oS`! tar, $'+ Li; 4rMs- I SIGNATURE Q,F ENFORCING ENFORCING DEPT;r BADGE NO. N VIOLATION ..i/f( /V7 a'! o OF TOWN f� I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE E Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ Ida"6° Date mailed hi7/07 w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL ,L DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION a (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, iy before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, d Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Sinnatura _ _.. NAME OF OFFENDER i i 1 ("y ; `; BAR 7 6.5 0 t< C C�+A ta^ 4Se TOWN OF ADDRESS OF OFFENDER A651 1r16..°r A BARNSTABLE CITY,STATE,ZIP CODE , Rat N S 7 i y t 'Ma. q}�^ , °Z O pP 1ME t� i V+ MV/MB REGISTRATION NUMBER P`' O OFFENSE 4 ";,7S ii. e/7O S 0A i Dad. k';nG AlR\, Pe t t9Y1QA x rtc.... o prED MP'�9.h, bi.+i-t":t AG.4 I14!I* Ak c`recl"t''Ci 1-t44144 .4 oicy ke;ito Nit,'AWx.I apor,'wi1z TIME AND DATE OF VIOLATION „Y t LOCATION OF VIOLATION. / 1, Iy NOTICE'OF 2 bC) (A.M.(r M„�.)ON /0/71 ,2Ofr Zo '! III o.,n .54'' AI. tafyts ,1r SIGNATURE OF ENFORCING FEBSON' ENFORCING EP. BADGE NO. LI VIOLATION j ./,;,LJSc OF TOWN f // LU I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE El Unable to obtain sig pure of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ 0 , c).t)Date mailed t, LU OR Lu YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION Cl) (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature ' .gym. NAME OF OFFENDER ,.. \ BAR TOWN OF ADDRESS OF OFFENDER . a5t mr. 7� BARNSTABLE CITY,STATE.ZIP CODE r t.b). (.f r.;r-.C]\e . `\cL. O (Q 3 o `colHE Its, MV/MB REGISTRATION NUMBER P OFFENSE?• , t t t t ,(� tLli \e .,Ass.p �A A 416 S C.4t rt3h 6.. 01J k 1 ri 4 S ri l q it t.',..1 O.V { eC t O nCA 11 15 {41,C prFD mot' 1);S*r,C* I\CA f?,�1 I;LJNA e Er C'eeVto Li11-1fi4A,k 61 tl 1t i/lc C, (411cr[11041/ 4 i);O!`etk,, + > TIME AND DATE OF VIOLATION �J "+ LOCATION OF VIOLATION .J {, NOTICE OF .Gta (A.M./e 1.)ON ))/t)3 ,206 2LS! P'co,01 Si U, tsar n�+4.14 It SIGNA,URE OFENFORCING PERSON ENFORCING D,EPT. . BADGE NO. (a VIOLATION kl 4.4 cif ; ' ! ICtiG o it. i v I— OF TOWN: I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X 0_ ORDINANCE .2 Unable to obtain signature of offender. o� THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ p Date mailed I t/17k-3 w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL .- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. • ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ • Signature NAME OFOFFENDEDt © l BAR 67652 TOWN.OF ADDRESS OF OFFENDER ' ,3.oS 1 di SA BARNSTABLE CITY,STATE,ZIP CODE • Elacv,Sk l a Ma . nZ(03© �}1 E r''q i GI/ MV/MB REGISTRATION NUMBER i`-.3. " OFF SE • ;,, ,s9. me N. tpC hc� {ti1ne�, �1 +n S rr fvf l Jrrt►an ��}( jj,=�- arc i���i' ED MPS 'N".i '� 7:74.i1:75:611 R.S � [ id J4 ' {�'�f'/f t J lt�l bu, r A� It tNfk11 �,>�f9�itV�t > TIME AND DATE OF VIOLATION I p LOCATION OF VIOLATION 1 V f Z NOTICE OF.. , ;00 (A.M./CP.N..)ON j /q ,2003 ',I'S.) u,ra Sri', IA). YIS a SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. • BADGE NO. LU VIOLATION �� „ � J 04 at o OF TOWN ~ I HEREBACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE ® Unable to obtain signatu a of offender. Q t— Date mailed MI �► THE NONCRIMINAL FINE FOR THIS OFFENSE IS $i1 O W LU OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION 1 You mayelect to pay the above fine,either byappearing in person between 8:30 A.M.and 4:00 P.M.,Monda throw h Frida legal holidays excepted, Lu Q before:The Barnstabl Clerk,230 South Street, yannniis,MA 0201,or by mailing a check,money order or postal noteto Barnstable lerk,P.O.Box 430, ELJ Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature • NAME OF OFFENOER�`� � Qom\ F�*�� BAR 7 TOWN OF ADDRESS. OF OFFENDER i. C\1 r2tS) inatre BARNSTABLECITY,STATE,ZIP VI co,SE� MV/MB REGISTRATION NUMBER C. OFFENSE �L;"'6;S. g akap 1470• Se io a� kings kta +t a , I M + ' ` .lr ` 4 ,�A55. ' t e 1 r Ew �s �q /� G►1A ra.� `� r t! ;S PI�. a fD MP�� ... .�„r, t 84k1 ru les el e[. to 1,3,F ife il C.)ilk'uovs, F i Co, w Q or o 1 > • TIME AND DATE OF,1IOLATION, - LOCATION OF VIOLATION y/' / i U w NOTICE OF 2:00 (A.M.i P.>ON // C ,20 al MIS i Ma,_ ►+ i.1, • Cid Cry v441,1 0, a SIGNATURE OF ENFORCING PERSON r ENFORCING DEPT, BADGE NO. Cl)W VIOLATION [Lb', „e' _.N al du OF TOWN t1 lip ' LI I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE E Unable to obtain sign ture of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ , b,°4 1- Date mailed 410ii>/�7 W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a ' Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER 1c` / k /' 1 f..4 ^A R 6 E 6 5 4 TOWN OF ADDRESS OF OFFENDER .AV' ('�, ,2©51 (na`11. 1 , - BARNSTABLE CITY,STATE,ZIP CODE E • flHE \ MV•OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER OFFENSE ItAH\IANI.i:, t L ram. ( • t � a,q. `0S 1� �' �1 N�'t'; t��� f'E/! 5 ,G Alt url>� �1"G,[�Mlk1 I S ! 1� i s"tf"t o FD MP�� �. 1 !{ "'r + ✓ J Act''-.ly�� ,le�.'! Pr`ec' IA/1++'�ltW �;t ki/KS />a�itvav a .a.flr-,ici I > TIME AND DATE of VIOLATION LOCATION'OF VIOLATION '° / w NOTICE OF 2 'ClO (A.M./050ON /L ,20 03 aoSi (11a•, 54 Cd. ISAr:ne el)kkc a VIOLATION SIGNATURE OF ENFORCING PERSON A ENFORCING.PT�/. BADGE NO. N OF TOWN') I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X .12 ORDINANCE 2 Unable to obtain signature of offender. ( 1�� �� THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ ,� }. J -\ Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL °- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LL.I •REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, Lu before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a • Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND, MAIN STREET,BARNSTABLE, MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. , (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. • ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature `y J j :: t`yf . NAME OF OFFENDER V t one' QY\I:t Breve G. C 1 13�& BAR ', i ... TOWN OF ADDRESS OF OFFENDER iJ • f,265) maIA S+ BARNSTABLE CITY,STATE,ZIP CODE . (Ai. ? rrrs'1to: t. • `0ftHE ipw MV/MB REGISTRATION NUMBER �P Wi 1 OFFENSE • IA EO k9 M9Pa,`0'43t W / G Jr $ leh%1) II/0 5eC.4; A 0IJt4ilj t / e ; t 54D ; . 1 rC O AO***] ` )1c0' pr IC3 eter4Cfj t 4 h#4.4 Oki' t' d 114twati Q,Oo/ddG I z TIME AND DATE OF:VIOLATIO'h f LOCATION OF VIOLATION' 1/ Fli Z NOTICE OF 2 . (A.M./P.M',)ON JJ12 ,20 t 3 'roe) ; ,, St t 3. eat T4 4 a SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO. VIOLATION i),::.l',,, :; :.- %4,<, . , ,4-3 6'lac rW 0 Li OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a' ORDINANCE I Unable to obtain signature of offender. O) F- THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ . Date mailed w OR . YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION Q (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)It you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature -- • NAME OF OFFENDER ; Y ;E f OvCI Nitre \a. 2 `1.IS , BAR 67 TOWN OF ADDRESS OF OFFENDER /�.r { t5'1 . iri%a'+A BARNSTABLE CITY,STATE,ZIP CODE i /R � � ` \f ' in&. o263o �1HE r194, •6J,f_�. �„L1�,3 MV/MB REGISTRATION NUMBER P�� OFFENSE 1 ,rAss , 4/ 1170 1,S 'C-4'Art 6 Old Kul s 141G,�il.00lt( iti.eGrd,wtJ /11$ 6'ric ►,TtS ls. " 0 ED modji 14',A4A03- 6 tCt. k 44 11 LA QI rimy' - TIME AND DATE OF VIOLATION LOCATION OF,,VIOLATION ,A F w NOTICE''O .tF 34'OU (A.M../ ON /1 10 ,2063 2.o$'t '„. S+ tJ. me tIolt SIGNATURE`OF ENFORCING PERSON ENFORCINGJT. BADGE NO. N VIOLATION A�.. {{ffJ��1 y, o OF TOWN I HEREBY�A'CKNOWLEDGE RECEIPT OF CITATION X ORDINANCE CI Unable to obtain signature of offender. sIQ 1- THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ 1 Date mailed 20163 w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE, MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature • NAME OF OFFENDER k c,. or a ^rev & I�.'S BAR $7662 TOWN OF ADDRESS OF OFFENDE .,2051 t la i t~ ' BARNSTABLE CITY,STATE,ZIP CODE , , Q)ar rss\t e.. /�a. 0211'0 CME \! MV/MB REGISTRATION NUMBER ti 90 �? OFFEN(/SE j`�,, 1,,fcQ7p J,J! s(_" '�ij .f.�q� ''�('`'� BARNSTABLE,39B• ?!ha�I /170 .."ec 0� k! !fit �i i` I R i I 1I i hr;c b} {) i O 1 w j( ��n}},, ���p t`� r �n�a/�is��, h ti�A/v( �l FG�7aj'na(/ r0. s fir,/ i `JO MP. p, AC+.' 1 c 17+ f�{7 er> c+eJ (,{.f F' (Ok.N Oki- i 4 S S /f� it t4 .f rO arat(aJ TIME AND DATE OF VIOLATION 4 LOCATION OF VIOLATION/ t V . Z NOTIC 'E,OF " 'f. (A.M./ ON lib_ ,2003 .,20 .'i 41rh 5¢ i earn +0..1Ik LU SIGNATURE OF ENFORCING PERSON ENFORCING DE T. BADGE NO. W VIOLATION ( � jl,j , (-' , rl `LD D OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE Q Unable to obtain signature 2f offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ Q4 r ac1 MI mailed J 1 2041 w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LL.I REGULATION a (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, J before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND, MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. . ❑.1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFE•NDER y j� I� a y /'��" .YA E\\r) Q A R �*'9 * TOWN OF ADDRESS OF OFFEND ER 65) Md.\ t�,l r LJ/�7 „7 t w+ BARNSTABLE CITY,STATE,ZIP COD WI IdikrA511&,%611C, Ma . 02.6)3o ji IHE t� MV/MB REGISTRATION NUMBER P�4 • BARNSTABLE.. OFFENSE.,d+ { .A ok ]k' fP /);A e li Lc+�AD t ) (f ` )' + W ,'4�\��v .8� t��...;. G� �"t6 @�"t",4E1 /`xn 3 f t�.ar�1.V rand ry rfc. Jtf]1S r"1G',_ a ED MPS pLu P,." f i 1q 4°lel ere ci Lot teal...- ' Void �; s At.. t, Ci,,)i✓a 1 w F TIME AND DATE OF VIOLATION ° j� LOCATION OF VIOL�A`TION { /� � Z NOTICE OF " i(�3 (A.M./ P.M; ON fJ ,2061 20SI 1#1 u r S+. t{ f�. 1 .r.s a • SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO. �W VIOLATION 44 � 1 o OF TOWN (` �ffil I HEREBY A'CRNOWLEDGE RECEIPT OF CITATION X a ORDINANCE El Unable to obtain sigfnaturefof offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $, 4Q.°� Date mailed 1 f 12.Q/();" w w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL °- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION rn (1)You may elect to pay the above tine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER Li, a 1l)iiS • BAR 67664 TOWN OF ADDRESS OF OFFENDER V65 1 M tx,t A \/. • BARNSTABLE CITY,STATE,ZIP CODE.+,] rtk`,.1 e fri 6; O 2 A /tHE ro,_ liU•j , lJ MV/MB REGISTRATION NUMBER �� OFFENSE n IfANMASS. f'�1 a", ,7 G9 O P f fC2O Q[1 /A - riC, D1 s tt 4 a +ay �e 4r�r 7 1Q � fOY1 INi4� w`y G(�tAlfi�/ o a• fit[ 1+ h� l�tl "S f'r2c�f~�1 ►.t, o� ++M14S rG t,JL1N Gt.11prDVal > TIME AND DATE OF.V OLATION i LOCATION OF VIOLATION f W NOTICE OF 3 f ( (A.M./ P NJ� ON i1/14 ,20 O 2051 l , y+' ,0, 60.CM 5 \)c VIOLATION SIGNATURE OF•ENFORCING PERSON !', ENFORCING DEPT. BADGE NO. N W.ai6..Ea,.4- ,( l 14 0 OF TOWN E f f,, w I H EB AC NOWLEDGE RECEIPT OF CITATION X a ORDINANCE E Unable to obtain signature of offender. 00 I- THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ /f W Date mailed )1 7-•/V03 w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL eL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Lu REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE, MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ • Signature 1F �'* 4� F 4.k1. ! NAME OF OFFENDER Vic t� ate} ,ell l�fs BAR V TOWN°OF , ADDRESS OF OFFENDER#VG IFU. a_t4�1 BreINAck r BARNSTABLE'A CITY,STATE,ZIP CODE�91 r A c e , i • 671,36 36 4 t >� • !t 11 MV/MB REGISTRATION NUMBER OFFENSE,*} I,AXMASS E. •, f( �tr�1 , }'�7 4F Jd , !r f Rt 0,('t 3,S� 1:7 • ! . O ,,,55 g � "�'!Q @t ,o� trawl t4 f.sldu ♦1c t ii plED P'� /,� j�, �, 11{�"t / DC .�. � IhT 11.A1 ,/ i�.t YS iS 4tAm1/ QJ,tInIQ 1. Lu TIME AND DATE OF VIOLATION f f LOCATION OF VIOLATION •,J s I r w NOTICE OF 2!04 (A.M.t?M))ON ;J E/J7 ,2003 .2oc1 Ma,. LA.)• &Arn544k Q • SIGNATURE OF ENFORCING PERSON ENFORCIN`c,DEP BADGE NO. w VIOLATION t}..,1i e:_ut..tJJ. 1`, ,f tr•rA..— 1 C co OF TOWN I '1'1) RECEIPT OF CITATION X a ORDINANCE ® Unable to obtain signature of offender. p° r— Date mailed Y 112t//t33 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $) O w Lu OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION Q (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, LU before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER t .j ' c• 8 •r cL . 0' - BAR 67666 • TOWN OF • ADDRESS OF OFFEND RO2 1 rf }1 14'11t rk BARNSTABLE CITY,STATE,ZIP CODE i{• W gar r, a.. lea , to :t,3 q 1..1ME.ro = MV/MB REGISTRATION NUMBER " 4 On a 14ft. 'PCs. OFFENSEEin i ; prEDMP�p`0g 1. .h., 476 e+:�` �;Mn, e, o#a K`' as 4i51 wrty Reo toraI I 1 S Tic... o MSS A 1 . - Q� r > _Ae. - I' ct oc ks er�cce t,Ait ()LA- tetcs ,� goy a rvvaI z TIME AND DATE OF VIOLATION , } LOCATION OF VIOLATION ,r ' NOTICE OF 2 �`O o (A.M./ CON f I/)8 ,20 03 2oS i__ t' it , sr c r s + SIGNATURE OF,-ENFORCING PERSON-, ENFORCING C EPT. BADGE NO... w VIOLATION /,A14, �s�,w, rr ) o OF TOWN I HEREBYDACKNO LEDGE RECEIPT OF CITATION X k 0_ ORDINANCE I I Unable to obtain signature of offender. .°b I- Date mailed / �� THE NONCRIMINAL FINE FOR THIS OFFENSE IS $JOO. w OR w YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION a 1 (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, n. Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. i ' ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER + lItc r .���1` ~<c+:Aa e'il\is BAR 67667 TOWN OF ADDRESS OFOFFENJR _ y + BARNSTABLE CITY,STATE,ZIP CODE ��r3#; 7 tHE ti MV/MB REGISTRATION NUMBER OFFENSE BARNSTABLE. • ( C� t j,,, W ' .� .�,ASS i (1kC(!.) 7O ,SeC.T.thA L O l kietcS 4 'uo..V fiFGtoYLo.\ 1"r+s xC3 C IS4r1f. a .0Op\'639. \0 + ki .,,y1;Aj +1�4 r .11 !t_ C *' t c Dc\ a f c t t.f+ bu f n S is WE+t, 4norDVA.1 > • TIME AND DATE OF VIOLATION H LOCATION OF VIOLATION ✓ J. �' Z NOTICE OF ` ,Go (A.M./(P.M)ON /)?I/7 ,20 03 2 S 1 / 1a+Y, S'4 LL+ ega.r.rjrki'r&b & SIGNATURE OF ENFORCING PERSON ,T ENFORCING O,EPT. BADGE NO. N VIOLATION 1tg.� _, ' ,, 1d� o OF TOWN ~ I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE 0 Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $I0+ y W Date mailed //2Y1(1 w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION cn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, n:. Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. r ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ • Signature ir•� 11 Qe pQ��/jp(��68 NAME OF OFFENDER i f ao,,. i-e v'� +J. 1, ,I )1 l BAR. {,�! i r► ' TOWN OF ADDRESS OF OFFEND 1 BARNSTABLE CITY,STATE,ZIP CODE 'GYP pf IHE�� MV/MB REGISTRATION NUMBER 9 sf OFFENSE ' HA FINS AIMS: ' inn y�/^� '9�7 may(.. y 11 `},, ��.q{ (,r .1}�� 1 +td39• �0$ ¢J,��i CA" "]1n SP .:11��.A C 0)c.! k‘Ac S. W 1\ ....j..\ E[J�t'o.1;aA4A i', .13 tL Lts-�iJtc O \ Mn+O / •t..7 ,"r w r4�'%�" �` .,lO�A.' 'te ,.. 4r,J' `S(� t,.t! 1C f' I CI ,I L.c)t9l!/ {,�G�B V`tt.f TIME AND DATE OF VIOLATION ' .w-�. LOCATION OF VIOLATION ✓ f ( w NOTICE OF 1 O /O (A.M. P.M, )ON i1)2.a ,2063 ,20S) t"r';iv, 5 I.J.. fv,si17 t#t SIGNATURE OF ENFORCING PERSON, ENFORCING DEPT. BADGE NO. w VIOLATION L. i.,PA, ../'-',4 + 61(4c . o OF TOWN t..' PI: I I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE El Unable to obtain signature of offender. /Ai} bQ �- Date mailed #��*�`l�� THE NONCRIMINAL FINE FOR THIS OFFENSE IS $itk , w w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION a (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, d Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal.proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE, MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you tail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER V,'C6r .V'C\ fL e 111 tS BAR 676'6 R TOWN OF ADDRESS OF OFFENDER�`j }} �� c4'O, 7 V T/i eX I h S 4T. . BARNSTABLE CITY,STATE,ZIP CODE &krTO � , Q , /t 20 6 ..co ° MV/MB REGISTRATION NUMBER JI`�h� f Y,. OFFENSE p � ` 1 J `1, t, ri ',,ASq0 ( ka0 N7t cc toy% 01A irxds IIVe kiJa.k/ pc,iae1a c ., t5c(k, o_ f°mid ' T kinC "" I141,A- 1-)61e. e tAt.A o,IlkW DJ t iS 111Pl WfAy 0+4)005ga I > . TIME AND DATE OF VIOLATION 1 p LOCATION OF VIOLATION " i l: �t ` Z NOTICE OF 3:00 (A.M./(P M,)ON I lit) .2063 .ZU'S I ( '\O,v, t III I A,rttc-t#b it. SIGNATURE,OF ENFORCING PERSON ENFORCING DEPT. - BADGE NO. LU VIOLATION ilv {t,G ' .,�, (3)44,1 o OF TOWN i I H REBY�ACKNOWLEDGE RECEIPT OF CITATION X le ORDINANCE ID'Unable to obtain signature of offender. { ) CC 1¢-- ���ijl THE NONCRIMINAL FINE FOR THIS OFFENSE IS $iOU• Date mailed w OR w YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL CL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (t)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. A ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Sianature _—._ NVOaiN)DER at,„& 6,vAa. ► 11.1 s BAR 52.907 TOWN OF ADDRESS OF OFFENDER m 5+ BARNSTABLE CITY,``TTA✓TEE,,ZI.P,CODE f,S aotk e 1 m 0 s . of 1ME iq. MV/MB REGISTRATION NUMBER (/A $p OFFENSE HANNSTANI.E �t r�/� / G� t y 69. be C 61 Ail SeCtsOA 4, Oid is ;n4s (.L1�\/ Rt'Ca1on�� w a q O QED MO►` ` ir—.5 r vioc r s t!YC c i'MA`W t*Ift p'l.4 a++f 1L„ J, W` S1'ar=t, L bjts -rick Act- - lctrir..,s 1-Itel}.ws.y wPtp Ai w TIME ANDE,DATE OF VIOLATION G(J v3 LOCATION OF VIOLATION Z NOTICE OF .V1:00 (A.M./C)ON 9"22 ,if ,ILL. / (Y cu Si', LA). batA 't'cx 1e VIOLATION SIGNATURE OF E U U RCIN RSOu +rr ENFORCING�DEP BADGE NO. w of �ihlJr r�Cilii OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ‘,.; Lu ORDINANCE ® Unable to obtain sa'ture of offender. ' Date mailed �0 0 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ /OOe w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. C (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, •w before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER D A 1e„)reY\�!� �1 ' s - BAR 52908 TOWN OF ADD 2E$Q OjFENDE CI � e .. BARNSTABLE CITY A STATE, I CODE THE toss, MV/MB REGISTRATION NUMBER C A . 9. OFFEN/SE�. ,,^^ p� �/�a lbo MASSPI.EA L. `/�a Seci+IclA LD. O kt k;nos H ighwav Rec1o)7c\ 111 679• `0CC oMAy� �? cT• 1G 1 l`1\C ,19h s u 1rS CCKc'+:`Ctk W.'-,,ha.r.`i O CL Lij TIME AND DATE OF VIOLATION j"*'.J LOCATION OF VIOLATION Z NOTICE OF ) do (A.M./ ON 9/021 ,is a05) Plc) Sc , rr5�q\)k(M Lu VIOLATION SIGNATURE OF ENFORCING PERSONE �/, ENFORCING DEPT. BADGE NOIcic . N OF TOWN ✓ (_L-• " w 1- ,I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE I Unable to obtain s'gflature of offender. 'z' 1- Date mailed ypg16 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ � W OR W YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION a(1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or b mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND, MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or ifyou fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF9. N C*C. r OP BreIN C t { Its - BAR 52909 TOWN OF AD,;21) OF 35 OFFENDER 4 �� BARNSTABLE CITY,ss STATE,Zp CO Oki' .',)+ e , �c , 0„( � ctHe Tq,_ ! 1/ •,i• MV/MB REGISTRATION NUMBER OFFENSEf/{1 jj ��ry/(/�� p f/� j/�/jM lj jK,,. /!(` ��+)I +'; A }y XAX IASS. E. } 1"' R ! I 0 S4ci f or\ t i/i�,.` /' , `.7 J ! 1 C•1V 15�r�.iavi g n NAlS g. i�r„ AAA,li.J I♦� ( R om{ t t�n CL iI Ttc r�nvn+.. cylf Cyf"t C 1 S e 1 e�1.yr. f,la a e$ c c`4 Id t,tC wA fJ lrt{ o t t{"5 C f`c. !`err, ("��� 4.Wax�/ QQQfr�/a,' > TIME AND DATE OF VIOLATION wr 20 v' LOCATION OF VIOLATION Z :aa 9— Lf 1s' Si. g �� w NOTICE OF (A.M.KM)ON ,2gSt roo, ar 0 *.ci. t VIOLATION SIGNATUREOFn ,P-ERSOGN9�**w-M ENFRCItiEPT. BADGE NO. ti OF TOWN I E EBY ACKNOWLEDGE RECEIPT OF CITATION X ii yLu ORDINANCE 13 Unable to obtain signature of offender. AA 00 1- Date mailed 94 19/0 THE NONCRIMINAL FINE FOR THIS OFFENSE IS S /VV. OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATIONcn 1 You mayelect to a the above fine,either b appearinginperson between 8:30 A.M.and 4:00 P.M.,Mondaythrough Friday,legal holidays excepted, Q () eC Y 9P w before:The Bamstable lerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NDER NAMEQIOCF.F.E � Qh C1IR' ' C t 9 BAR � TOWN OF ADDRESS05 OFFENDER aA A • BARNSTABLE CITY,STTATE,ClQ 'n' cA }\�. . f�j"E Q µ �36 `e INE/N. � � tt MV/MB REGISTRATION NUMBER f' OFFENSE �j {^ \ 1d �/y• �' (�"� ' KZIt•BLE,e. �i0 7 t� .w/ CrV rT• tI.fJf'�f�1 �,, ' {e4.(I V�GI\ dN. 639. •0 hu,i oren+' t C l.•f�N"� QQUr3 rtc,'c�.d w.wlne..t .1C)1`r o R1 rt t t'1 � Ac k,', eS Wit, wu,) oPPCoJat j TIME AND DATE OF VIOLATION 2004 LOCATION OF'VIOLATION Z NOTICE OF .2:G (A.M.AR)ON }-„ni g LLI .20 l /Y)ui n Jlt. L }. B r15 c�1e SIGNATUREi OF,ENFORCING PERSON ENFORCING DEPT. BADGE NO. N � VIOLATION U.r c�, ..,,/` , • 8 i �� OF TOWN �f I HEREB AC r KNOWLEDGE RECEIPT OF CITATION X a ORDINANCE El Unable to obtain signature of offender. qp • ►Q- Date mailed / �t/D3 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ /(}0, w. OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w' REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Bamstable Clerk,367 Main.Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)11 you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. • (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you tail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME If,OFFENDER a�nc\. bf�.h ck. C Id���s BAR 52911 . TOWN OF AD 1iD ESS& OOF//Victor��ENDE ^at ww ,A S* • BARNSTABLE CITY,4STG ATE.ZIP�CODErJJrrntts. `1,+;\, 1 fil` 6.24s0 pf MET 1v . MV/MB REGISTRATION NUMBER "(Sae% OFFENSE \.,A6 0 C"1, � Ll"�a SC 6 d k►nqS iq)ci.�/ I�Ersi©tnp, a ,IAlS. w 1679• �0 ��qpo O -J `°M°y +SA r1C.. �1S4 1CA. ! 4c K,„t,S Nc414..44.,N appr►Jar > TIME AND DATE OF VIOLATION j LOCATION,OF VIOy�ION W NOTICE OF 2:�U (A.M.i4P.M?)ON ?-2-6 ,°ts- 010 1 !flaIr S* LJ• ��f,fh$ CAUk VIOLATION SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. BADGE NO. w OF TOWN 1 �'V ` o I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE 0 Unable to obtain signature of offender. y+;,�/.(} THE NON •CRIMINAL FINE FOR THIS OFFENSE IS $ I�� Date mailed w w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL d DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION cn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, IQ before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)It you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ • Signature NAME OF FENDER {f22 y , r l,C. ,r ck. 1Jre1+ G 1 4,(s BAR 5291,3 TOWN OF ADDRESS Oct �ENDE in '� Y • „ • r BARNSTABLE CITY,STATE ZIP CODE tDATE W &.A r iNSka\CI,C. . Q 2 E'3(3 �HE►qk, MV/MB REGISTRATION NUMBER 44, +G OFFENSE , '}`� [+ R (� BAN\STABI e" oo Li !0 M1C4:-V1 1 W Old chvUSAA/ Re GtL0Lij MASS. I T l Y� 1�. 1 .639• . r ►} /� j — L. ir-t�De�lt s �frr(+et) \�cutof 'to rAr•+' t S r* C 1/'5k r 1 A >'1 C l "C I J k1..c s {'),t j.�I. a y A ,)Jt'Ft✓ls I u' TIME AND DATE OF VIOLATION 7OU.3 LOCATION OF VIOLATION t 1 ➢• Z NOTICE OF )1 (A,M./ P.M.)ON :29 is- ,105) y`i)C4;A `',* Lc) 111611 aci\S-kuN0f SIGNATURE OF ENFORCING PERSON ENFORCING DPT. BADGE NO. w VIOLATION ,, ,,�" bIrjcf . C" •OF TOWN `` ~ I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE .I Unable to obtain signature of offender. c THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ I0t'�+ Date mailed /I)i7/63 I- OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION < (1)You may elect to pay the above fine,ether by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citafion for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature 1. 14.\.,,11., NA c w a� revs\a .'1. .;s BAR 9 .4 TOWN OF ADDRESS OF A )a t N. ✓j BARNSTABLE CITY,STATE,)S ATE,ZIP CODE tom) VI",r t,s f�`e AY'1ct, © -�3� n f IKE T4. MV/MB REGISTRATION NUMBER Ck • • p OFFENSE) 1`n (� //.{�'�•(y /1/� (J�} �+ (q []/� n • •fa�! 1 / ec.. ��I'� V V« I>� .i r IG� 1/4 i+,11,) A 4.G;o c, d sr j}�� ` ' N , 1 c, \ J ` O rtoru*r• tyi Fairy Cre<t•�# wt�4t%ut 1 S r t< t� (....1 1� C 1 t( K;'n o s /•1 WC. G pvr`, I > TIME AND DATE OF VIOLATION; Z.G1b.S LOCATION OF VIOLATION' ./ ,* W NOTICE OF ' 11 ((M')/ P.M.)ON %-30 ,19 OS I Illa;„ S* LU baens4a1bl t SIGNATURE OF ENFORCING PERSON T ENFORCING� _ BADGE NO. uJ VIOLATIONt Cr2J d OF TOWN J (,:1I V - v �o HE I REBY ACKNOWLEDGE RECEIPT OF CITATION X — a a ORDINANCE '❑ Unable to obtain signature of offender. Date mailed !U�'7/�3 THE NONCRIMINAL FINE FOR THIS OFFENSE IS 506' W OR W YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL rL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION You mayelect to a the above fine,either byappearing inperson between 8:30 A.M.and 4:00 P.M.,Mondaythrough Friday legal holidays excepted, Q (1) eC PP 9 9 Y 9 P.O. W before:The Bamstable Jerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk, .Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature lei R NAME OF OFfENDER i . ro V,,;.�ru. o r' Q ce In c\a C. i 11 i s BAR 52915 TOWN OF ADDRESS OF OFFENDER, a'.„ BARNSTABLE CITY,STATE,ZIP CODE C n��0-1)\ . • frla, 4.20,0 elm rDl MV/MB REGISTRATION NUMBER OFFENSE I7 M}� �+\'1 (f,., }1 4 • BARNSTABLE. k;, Id ha H70 VeA 1 -)jt W Oki 1'fl1Ts 1 Irj 1,I4tV Ie \MASS. $ / V 1 Y��` ,/ 4 �{�1�1I M. DMPy s�O // 1� i L`'t 1,4� Poi4*)"�u rr.e`CfeGy (Ad,"f`�lot,1 O st tor. )f�, C1�� AC fi/ct /rt,`n4x f,`y t,r4.y c, r(SthvA� w TIME AND DATE OF >VIOLATI N_. "�'tT V,$ LOCATION OF VIOLATION tl W NOTICE OF !I A.M'./ P.M.)ON lOh ,1'9` o.€OSF t'7a;,� ' (,L3. Dar rohA(a e C.C. SIGNATURE OF ENFORCING PERSON „/ ENFORCING DEPT. BADGE NO. 8 VIOLATION : ,,,,.. .-_ b kiti C ) r " sw o OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X w ORDINANCE LI Unable to obtain'sig�ature of offender. �� /V 116.1 THE NONCRIMINAL FINE FOR THIS OFFENSE IS $1 Li), Date mailed w w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION cn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature I NAME OF.OFFENOR), * Ac 1 I j_ t S D(�D 5 2 9 1 ..� i(Tr y r f D„n TOWN OF ADDRESS OF QF I.y)DE, !,4A. S4 • I, . BARNSTABLE CITY,Say,(ZIP(',O�DCEE C� As3\e. mQ. 024 so yF}HE►\ (p MV/MB REGISTRATION NUMBER O� OFFENSE") 1(,,, M/j�'y(J//�.� �'\l j/�, t((`} �.1} try,., +�'�{ ` `/� r �1 RAR ASARl I. •k ItL{11 . 7 `-i 1,/e�.- 'tc,h 6 ViV ' "I„4, J 't4 WV�t� 4. {V„Q. w MASS p, I'r a_ 16;q. �G i p � }k 1 i.1 t1�' J�c.if s "Ilf CG. rri WI'I+Y}0�+:X ff OJ P`t t S f t C. i c 1 CA E 1 - CIO )ci.' ,.$ 4,i w ci y A pp r b'a 1 LU TIME AND DATE OF VIOLATION G V"'S LOCATION OF VIOLATION Z NOTICE OF I1 (A.M!/ P.M.)ON I " 5-t L J. fa rrs c.Mt SIGNATURE OF ENFORCING PERSON ENFORCING DEPT. - BADGE NO. w VIOLATION ...�t1 oc' - D t d v 0L, " ~OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE ID Unable to obtain signature of offender. II btu Fa 1 / 7/ THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ /ili' J Date mailed w OR w YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL °- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION co (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, IQ before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or b mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATyyE OF THIS NOTICE. FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN If you desire to contest this matter in a noncriminal STREET,BARNSTABLE,Mou may do so A 02630,Attn:21 written D Noncruest iminal Hearings ari gss aCT nd enclose T ra copy of this citation.for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER Vi r }, B A R 21 TOWN OF: ADDRESS OF 2 C OFFENDER 05 11 Id.t 1. c Ty ic) I R8 • BARNSTABLE CITY,STATE,ZIP CODE r C`` \t. Pi) A 2(r 6 ba,IKE roo_O L� 1 1 MV/MB REGISTRATION NUMBER \'�� OFFENSE I �) /L„. /^ /Li /1� j((n/tQ` r, I3AN\ti'l'ABIJ:.p // {f^�q . jH� ° /\'7 '(�` 5 1, tJ)(I ` ` yag) ' f ,/I1 /� / `L-4t W rt I.A e it ASS. /O k...,.I ha f .,J 7 {�'� n r/I fl.J WV�� 1 .erFD /.�" pp , , `..i(,t .fea.lts ✓ore e#t et iar+t,m..a,1"t' of J)is r1C fS�lic y ' 0.14:1 kin4f P1a14L.16., 0%91.011% i Lu TIME AND DATE OF VIOLATION. 1 t./.:3 LOCATION OF VIOLATION. r 1 Z NOTICE OF !i C(A.M./ P.M.)ON lob ,1 20 / Pi.t. i S+ tJ, 8c rr sk-41okk SIGNATURE OF ENFORCING PERSON / ENFORCING DEPT.. BADGE NO. w VIOLATION 1�,j.. '.1., ,f/ - b1, co OF TOWN I HE'EBY ACKNOWLEDGE RECEIPT OF CITATION X JLii ORDINANCE tEl Unable to obtain signature of offender. //�, 6° IQ— Date mailed Jt?� /� THE NONCRIMINAL FINE FOR THIS OFFENSE IS $/Ur�1 -J w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LU co REGULATION (1)You mayelect to a the above fine,either byappearing inperson between 8:30 A.M.and 4:00 P.M.,Mondaythrough Friday,legal holidays excepted, Q eC PP 9 99 O P w before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFAD �1�€!/)C.,V£ Q :1>'1 o.. f I �.:i - BAR 52918 TOWN OF ADDRESS OFLFo5 T; ma;VS S i 11 4 BARNSTABLE CITY,STATEE,ZIP CODE `0*ME►qM, MV/MB REGISTRATION NUMBER if� $ OFFENSE j, 1 ( f } NAN\:TARi.i:. eat) '"Q ,cn t9 Oki 1� Yt l�a 14 c11 a7CCv R ;CSY1'Q I f 1 f S4Qr j c a • MASS. V ion 1 6}q. �0 ,Eo • _`` �:yl,s pc�1r� t7{ r"sr W, M1�psr1't)dcf J�rirl+ �r,cfi2 x1) o b 1 Sfi iC C J C;AChetsVL>.i > TIME AND DATE OF VIOLATION t 2.443LOCATION OF VIOLATION !/ W NOTICE OF (A.M.(V )ON oia""0- ,d9' .20S1 Mo,n 51 (A) ea(ya #j 41, • -I SIGNATUR€OF,ENFORCINGPERSON ENFORCING DEPT. BADGE NO. VIOLATION JL;,, ,,, ,.,, ' id* cp OF TOWN I EREBY ACKNOWLEDGE RECEIPT OF CITATION X VLu ORDINANCE <EI Unable to obtain signature of offender. A13 1- Date mailed U/1 THE NONCRIMINAL FINE FOR THIS OFFENSE IS Spiv. LU OR Li,YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. • ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature DER NAME OFQFFI .r°tlr Q,.f4 $cg61), �,1.11;s BAR 52919 TOWN OF ADDRESS s;icy )OFFENDER rt,,, S e !i BARNSTABLE CITY,STATE,ZIP CQDE 10 FAME tr: , MVIMB REGISTRATION NUMBER • OFFENSE1 IIARNSTAel k:, • tt n 1 !! 1 r 1 tttt .�F,IA55. g, C.-hw,a 4110 „err{,,an ta ` l''nyi 14iGhwcxu I QC;onAl 14f�540rr+�. -IS r,rc'1 F� L,:i 6}q �0 ,,,ty } J�.yj [ � D MP+� (, N pole E 1 eft d 4-60-4 Old k f1afs 1 e ,f'h With Q pprzva 1 IF1!' cl� " tt 1 I J w TIME AND DATE OF VIOLATION , OOJ LOCATION OF VIOLATION �' W NOTICE OF of, (A.M.i )ON ,4)-7 ,rrs' 420V C/rr% . rnsidige Q VIOLATION SIGNATURE OF ENFORCING PERSON ENFORCING,D BADGE NO. Cl)W tit trls"Jill-� G+"I v cm OF TOWN V n . THEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE El Unable to obtain signature of offender.' 1- d/l ���3 THE NONCRIMINAL FINE FOR THIS OFFENSE IS. $ /1 -J Date mailed w OR w YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION You mayelect to paythe above fine,either byappearing inperson between 8:30 A.M.and 4:00 P.M.,Mondaythrough Friday,legal holidays excepted, Q (1) eCPP 9 9C LU before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.P. .Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST ARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature' (� NAME OF O if, to aprN Bfc,r\Ar:A 1..I. 1 i5 BAR 292€ TOWN OF ADDRESS OFFENDER,0 ,10 10 SAC+ 1 BARNSTABLE CITY tSTATE,ZIP-CODE � \e. iyy 172k1.:C4 f THE O- 0A130 11 MV/MB REGISTRATION NUMBER ti OFF IISE ry / j i�!! ( A PIIAN\STAB..:' • ha r A{70 A;.) 4 Olci Inds ri•chway f'Segi4Aak I ns -errc 1.145.. (" . t- uw MASS. t6yq �� ✓ FD med- ..tt~ r p,Ie,s ere cie 0.3;441 10-4 Oki fri►t r94way apPrOVa I TIME AND DATE OF VIOLATION ;,.kid„F LOCATION OF VIOLATION t i Z NOTICE OF a - (A.M.I„PM ON fo r ,T9 .S' OMrA $+ tL,J, safnb4tAdt, a SIGNATURE OF ENFORCING PERSON ENFORCING,DEPT, BADGE NO. w VIOLATION J., .,.,, t fcry, co o OF'TOWN V GV , ~ I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE In Unable to obtain signature o offender. rk� !/ THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ } }, _, Date mailed r w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a. DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w cn REGULATION 1 You may elect to pay the above fine,either bHyannis,appearing in person b or etween g8:30 A.M.and 4:00 P.M.,Mondaythrough Friday,legal holidays excepted, Q Hyannis,before: MA 02601,he ble I WITHIN TWENTY TW 367 Main ENTY-ONE(21)DAYS F THE DOATE OF THIS NOTICE. money order or postal ote to Barnstable Clerk,P.O.Box 2430, a. B2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST ARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:2ID Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature FFENDER NAME 0i 0c+br �.'(N rCY'.A4. l l �'1 BAR 52V TOWN OF ADDRESS►RE OF OFFENDER ,,OS/ ty!..,, SA, BARNSTABLE CITY,STATE,ZIPS t`s\AA.1 oM 021,0 THE Ipk MV/MB REGISTRATION NUMBER , �tg& 9' OFFENSE �}�{p ^yj t /Gj�. NAN\�lABlk:.p j ryp, .yyn t§ �,,,. p f a..iQ l� ffG t 1 p 1_ i r f c MAb4� M /iJ Vfz'f'(t 1Ly r Ater I,'!'4.J rf. Y✓ f,1' t11�Lt f"f,,5'T !rC l f.rr' a- %Midi' j ( ty • + (.. !j g 1,a.,tk" 41 beat .S er$c.te l\ [ijt4 101,ii• tole M1t 111f,5 1"t!5Fi1 A dv Q PIpfolo l w •NOTICE OF TIME AND DATE OF'VIOL(A.M.1Y M)ON fp-5j "1ION 9°0�` LOCATION OF 4 SA* . orn�4sbk a SIGNATURE70F/!EN/!'r''FCS .,,,,,, , ENFORCINGpEPTr 1 BADGE NO. v) VIOLATION .f.4iit•1,-`A.�(�t e,�'` -- tfdFlit�g OF TOWN V '0 `" I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE IZI,Unable to obtain signature of offender. dC? I-- Date mailed /p/151D THE NONCRIMINAL FINE FOR THIS OFFENSE IS $/00 OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION 1 You mayelect topaythe above fine,either appearinginperson between 8:30 A.M.and 4:00 P.M.,Mondaythrough Friday,legal holidays excepted, Q () by 99 y P w before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430,• a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature 2 NAME OF OfF��r QN [,�C# rtf. c., Ci )11�. BAR 2' 2 TOWN OF ADDRESS OF OFFENDER . 2oS1 Mc:,A BARNSTABLE CITY,STATE.ZIP CODE r r&.k e' lilts, 024,Sb of rok, MV/MB REGISTRATION NUMBER ilk % OFFENSE • HAN\TAPI.f:. • Ft 1 i i{ A, w ;b39 mot CkNO r, IOC) s"'eC+;c.r. 4 Oki IC1444.5 I c titaar eQGfanal fits :'i4 r.JrS r;c� A 4 a q t pia ( o fForAn+` i4ro- 00ks r(4.4trA wA1plL-4- Old icbotcl 1't14,1tJcitt 42OP rev ai w NOTICE.OE TIME AND D 17,..E ,VIOLATION /0.4I1 "19. L2AoON1VIOri t� 9f /A. r04 ( it W C9 C? #i7 SIGNATURE OF EN 'ENFORCING PERSON �y ENFORCING DEPT. BADGE NO. cn VIOLATION _Liz,. OF TOWN fib f *+ o I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ii ORDINANCE la Unable to obtain signature of offender. 443 1- cc tally/t1 THE NONCRIMINAL FINE FOR THIS OFFENSE IS sld , -J Date mailed / w OR w YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION cn (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Bamstable Clerk,367 Main Street,Hyannis,MA 02601,or b mailing a check,money order or postal note to Bamstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature ,.- - r• /Y r--« - '/ + , ` i iNirt4 1 �+ 051 Main St. • , Bar h \,, •,,ili , _ * ,-,., ., - -:, ..‘ '''' 1 •lit •••,.• . , * —..-.. 3 4 :. . .. ., ,..i.„ ,...... _,....„„. •.., .,,.„ ... . , ... L• as rr ' iIf 1 .` / ' ... I , E", .,"-._ _., t . 174.- ii.,, • . ..... .4. ...,4• t. ,... . -, . ja . :1' .A 4 • ,„,,,,,-. , ,: , . ;:.. It \.% 1 ,r 1 _ _. , .. `� .y' • ` ---7 y� • ,. a +..�•� s:. ; s s�. � �_ r 'V� yi>' wf tJ.--i rs :� 04 "'.1,4:: i` nr!'l �' r.". h� i -,i'. a J i• � V. ♦ i. o r � /� -m la kw..yyi,..�.1• T 1'4'4;,*..• T. i ' - lig i. fali('' •c.v.., Tif%ar I �� remG . d I�► -i i ci- Town of Barnstable 0,114EToii Regulatory Services saxrrsrnst ey 1 i Thomas F.Geiler,Director N 1ArED6 9 Building Division ' Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 16,2003 Re:2051 Main Street,W.Barnstable On June 26,2003 David Mattos and myself met with Victor and Brenda Cillis at their property. We had a long conversation in regard to the issues I brought up in a letter dated June 17,2003. The Cillis's were civil and agreed to comply with my requests. I found that they did not at that time have a illegal apartment and they expressed no desire to rent to anyone. They told us that they would remove the light poles and repair the stone wall. I also have received a copy of a Massachusetts Dept.of Food and Agriculture license to operate a riding school/stable under the name of Diamonds Edge. Brenda Tri also has a license to provide horse riding instructions. She showed us a informal farm plan. I requested a formal copy for our records. The Massachusetts Bureau of Animal health performed a stable inspection at my request and the findings are acceptable. As of today's date I have had no additional contact with the Cillis's . Copies of the licenses and the inspection report are attached. Sincerely,(*(4. 0 I on Silva Town of Barnstable Building Inspector Regulatory Services 200 Main Street Hyannis MA 02061 Phone:508 862-4025 Fax:508 790-6230 Y *_= The Commonwealth of Massachusetts =_ 1 -= BUREAU OF ANIMAL HEALTH =`=4i= 251 CAUSEWAY STREET, SUITE 500 _.-=_�``- BOSTON, MA 02114 .'o^M�Sye y`e,� STABLE INSPECTION REPORT Stable Name & Address r o,t, C IJ(;e Owner Name& Address 0.5 / f7 .)/ A .j / Veterinarian Name&Address , ` - /4 / „ YES NO Ex'lain a"no"answer under commen .. aim Are Buildingsand cl n- premises ean,sanitary and safe? Are Licenses and Liability information prominently posted? nom �m Is manure-rubbish properly handled; Is manure storage inaccessible to animals? _� Is a pest control program in effect? Are barn-paddock areas free of insects and rodents? - Is adequate shelter available? not/ Are stalls clean and adequate size? s Are water troughs-buckets and feed pails clean? IMP111111 Are floors,gutters and alleyways clean and free of litter? / 1111 Are paddocks free of glass, wire or debris which could cause injuries?/ Are paddocks graded to drain away from shelters; no pooled water or wastes? Min� Are turn-outs kept in compatible groups and not overcrowded? — Do animals confined to paddocks have adequate water and � shade. � Is water being offered as per rules and regulations? � Is fresh feed being offered each animal twice a day? Are horses feet properly shod/trimmed,cared for? Are horses properly groomed and without equipment sores? I- Is equipment clean and safe? MN Are horses in good condition and sound? IIM- Are records maintained for working horses in compliance with tth section 6? Number of horses on the premises: COMMENTS: r. Inspector's Signature Date of Inspection/ Approved Not Approved ' ! Reinspect / , : % ,,, Office Copy/White Barn Copy/Yellow Inspector's Copy/Pink • ---� r THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF FOOD AND AGRICULTURE *ni BUREAU OF ANIMAL HEALTH ,°` 251 CAUSEWAY ST., SUITE 500, BOSTON,MA 02114 LICENSE TO OPERATE A RIDING SCHOOL / STABLE Name DIAMONDS EDGE Date 4/1/2003 Address 2051 Main Street W. Barnstable, MA License No. 1033 Having paid a fee of Fifty Dollars ($50.00), and having agreed to comply with the rules and regulations, is hereby licensed in accordance with the General Laws, Chapter 128, Section 2B, to engage in the business of operating a Riding School and/or Stable where horses are kept for hire. THIS LICENSE EXPIRES ON MARCH 31, 2004 CHIEF-BUREAU OF ANIMAL HEALTH THE COMMONWEALTH OF MASSACHUSETTS Department of Food and Agriculture Bureau of Animal Health Y. 251 Causeway Street, Suite 500 Boston, MA 02114-2151 Date: 4/1/2003 License No.: 3924 This is to certify the named bearer of this license has been qualified as a Horse Riding instructor, under Chapter 128, Section 2A. Brenda Tri Barnstable, MA Signature THIS LICENSE EXPIRES ON MARCH 31, 2004 Or unless sooner revo CHIEF,B REAU OF ANIMA) 41=eI Tu °FTHE Tpa Town of Barnstable ti9' :.. Regulatory r i Services ces BARNSTABLE, 1639. MAss. g, Thomas F.Geiler,Director �'',bbn o�A�� Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 5, 2004 Jeffrey Lauzon Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 2051 Main St,West Barnstable To Whom It May Concern: The following shall represent an overview of the events and circumstances resulting in the fines assessed to Victor and Brenda Cillis,2051 Main St,West Barnstable. 11-7-2001 Complaint received from concerned neighbor that light poles were being erected 11-21-2001 Letter written advising Victor and Brends Cillis of zoning violations concerning light poles 06-17-2003 Letter written again advising Victor and Brenda Cillis to obtain the proper permit for the light poles or dismantle them immediately 06-27-03 Wiring permit obtained for an unapproved gazebo 07-16-03 Memo written describing a meeting had between Victor and Brenda Cillis and David Mattos and Jason Silva.Memo explains how the Cillis's were civil and agreed to remove the light poles 07-29-03 Letter written giving Victor and Brenda Cillis until August 8,2003 to resolve violations or be subject to daily fines in the amount of$100.00 for each day of non-compliance 9-22-03 Daily inspections of site begin.Light poles are still up 10-17-03 Light poles have remained and additionally a gazebo has been constructed also without approval 11-14-04 Light poles still up as is gazebo(still no permits for either). Daily inspections conducted until this date and fines assessed. 02-05-04 As of today issue is still unresolved. Light poles and gazebo still erected. Sincerely: f f•-y . Lauzon Building Inspector c104 r Town of Barnstable Regulatory Services A ,° Thomas F.Geiler,Director its Building Division M 6 Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 29,2003 Dr.&Mrs.Victor Cillis 2051 Main St. W.Barnstable,MA 02668 Dear Dr. &Mrs.Cillis: This is a follow-up to the letter sent to you from this office dated June 17,2003. In that letter you were asked to remove the light poles and rebuild the stone wall at the rear of your property. To date this office has seen no activity in regards to rectifying these matters. Action must be taken by August 8,2003 to resolve these issues. If no action has been taken by this time we will commence with daily fines in the amount of$100.00. Each issue shall be subject to individual fines and each day will be a separate offense. Thank you for your anticipated cooperation. Sincerely, 2eig4 -- Tom Perry Building Commissioner TP/AW CERTIFIED MAIL 7002 1000 0005 0781 8027 AHEN Town of Barnstable Regulatory Services • BARNSrABLE MeEV Thomas F. Geiler,Director s69�iOrED 200 Main Street Hyannis, MA 02601 www.town.barnstable.ma.us Telephone: 508-862-4672 Fax: 508-778-2412 FAX TRANSMITTAL DATE: January 19, 2005 TIME: 4:15 PM TO: David Houghton FAX#: 508-862-4770 FROM: Lois Lomba @ 508-862-4672 Number of pages (including cover sheet): 4 COMMENTS: Re: Brenda & Victor Tri-Cillis q/consumer/lois/caforms/fax l.doc Court Dates : 01-20-2005 Thru 01-20-2005 01-19-2005 Date Docket No Offender Bar# Offense Issued By Disposition VioDisp 01-20-05 9:00 AM C 0325 CR 002331 Tri Cillis Brenda&Victor 66279 Failure to properly cover or Mckean,Thomas Pretrial hearing Cleared dispose of manure;many flies 9:00 AM C 0424 CR 001768 Tri Cillis Brenda&Victor 67650 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 66533 Observed accumulating Stanton,David Pretrial hearing Cleared manure/waste matter 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52917 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52916 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52915 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52914 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52913 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52923 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52921 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67637 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67638 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67639 Light poles erected without on,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52924 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52925 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67636 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52922 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52920 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52919 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval Page 1 of 3 Court Dates : 01-20-2005 Thru 01-20-2005 01-19-2005 Date Docket No Offender Bar# Offense Issued By Disposition VioDisp 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52918 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67626 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67647 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67648 Light poles erected with Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval. 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67649 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King Highway approval. 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67640 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67646 Light poles erected without Old Lauzon ffrey_ Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001769 Tri Cillis Brenda&Victor 65339 Failure to properly cover manure Stanton,David Pretrial hearing Cleared 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67668 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52907 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52909 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52908 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52910 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52911 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67665 Light poles erected without Old Lauzon,Jeffrey PTH Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67667 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67669 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67661 Light poles erected without Old Lauzon,J�� Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67662 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67663 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval Page 2 of 3 Court Dates : 01=20-2005 Thru 01-20-2005 01-19-2005 Date Docket No Offender Bar# Offense Issued By Disposition VioDisp 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67664 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67652 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared Kings Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67653 Light poles erected without OldLaugs292j.effrty Pretrial hearing Cleared Kings Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67654 Light poles erected without Old Lat,521Lidirgx Pretrial hearing Cleared Kings Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67655 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared Kings Highway approval �- 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67666 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001771 Tri Cillis Brenda&Victor 66554 Non-composted manure on slope Miorandi,Donna Pretrial hearing Cleared of bank 9:00 AM C 0425 CR 001772 Tri Cillis Brenda&Victor 66537 Accumulation of manure/waste Stanton,David Pretrial hearing Cleared / matter 9:0 'M C 0425 CR 00 La ue Paul 682����ire on Sandy c ORV Beach Pai at tne_o e ban 00 A C 0425 CR 00404 Miranda Mika 50955 i-noise _ _�'` Twome m /C1 ed i Page 3 of 3 i Court Dates : 01-20-2005 Thru 01-20-2005 01-19-2005 Date Docket No Offender Bar# Offense Issued By Disposition VioDisp 01-20-05 9:00 AM C 0325 CR 002331 Tri Cillis Brenda&Victor 66279 Failure to properly cover or Mckean,Thomas Pretrial hearing Cleared dispose of manure;many flies 9:00 AM C 0424 CR 001768 Tri Cillis Brenda&Victor 67650 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM 0425 CR 001767 ri Cillis Brenda&Victor 66533 Observed accumulating Stanton,David Pretrial hearing Cleared manure/waste matter 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52917 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52916 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52915 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52914 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52913 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001767 Tri Cillis Brenda&Victor 52923 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52921 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67637 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67638 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67639 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52924 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52925 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67636 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52922 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52920 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52919 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval Page 1 of 3 Court Dates : 01-20-2005 Thru 01-20-2005 01-19-2005 Date Docket No Offender Bar# Offense Issued By Disposition VioDisp 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 52918 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67626 Light poles erected w/o Old King's Lauzon,Jeffrey Pretrial hearing Cleared Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67647 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67648 Light poles erected with Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval. 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67649 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King Highway approval. 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67640 Light poles erected without Lauzon,Jeffrey Pretrial hearing Cleared approval 9:00 AM C 0425 CR 001768 Tri Cillis Brenda&Victor 67646 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval - 9:00 AM C 0425 CR 001769 Cillis Brenda&Victor 65339 Failure to properly cover manure Stanton,David Pretrial hearing Cleared 9:00 AM C 0425 CR Of 0 Tri Cillis Brenda&Victor 67668 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52907 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52909 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52908 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52910 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 52911 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67665 Light poles erected without Old Lauzon,Jeffrey PTH Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67667 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67669 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67661 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67662 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval :r 9:00 AM C 0425 CR 001770 Tri Cillis Brenda&Victor 67663 Light poles erected without Old Lauzon,Jeffrey Pretrial hearing Cleared King's Highway approval Page 2 of 3 co THE T Town of Barnstable �\O Regulatory Services a'\MAASSS. • Thomas F.Geiler,Director o;p/10� Building Division Peter F DiMatteo, Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Notice of Building code Violation and Order to Cease, Desist and Abate: Mr./Ms CILLIS and name full address all persons having notice of this order. As owner/occupant of the premises/structure located at 2051 MAIN STREET,WEST BARNSTABLE Assessor's Map 216 Parcel 076 BOO WOO, you are hereby notified that you are in violation of the Massachusetts State building code 780 CMR Article(s) 110 ,Section(s) 110.1 ,and are ORDERED this date to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: 780 CMR Article 110 Section 110.1 BUILDING PERMIT REQUIRED (type in text of this section) 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: STOP IMMEDIATELY—RECEIVE OLD KINGS HIGHWAY APPROVAL ZONING BOARD detail action to be taken APPROVAL FOR STRUCTURES OVER 30' BUILDING PERMIT REQUIRED FOR POLES And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the State Building Code Appeals Board(as specified in Article 1,Section 122 of 780 CMR State Building Code)within forty-five(45)days after the service of this notice. By order, cL—r,(2„,„_ Local Inspector enclosures(enclose copies of sections of code cited,permit application, etc.) Certified Mail# R.R.R. • Q/FORMS/violatel Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV2004-00084 Brenda M. Tri, Victor Cillis MD, Leigh-Anne Souza vs. Barnstable Board of Health, Town of Barnstable Building Commissioner A TRUE COPY ATTEST heod SUMMONS AND ORDER OF NOTICE?r To the above-named: DEPUTY SHERIFF You are hereby summoned and required to serve upon Anthony Alva, Esquire, plaintiffs attorney, whose address is 3291 Main Street PO Box 730Barnstable, MA 02630 , an answer to the complaint which is herewith served upon you. This must be done within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, Judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this Court at Barnstable either before service upon plaintiffs attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any other action. WE ALSO NOTIFY YOU that application has been made in said action, as appears in the complaint, for a preliminary injunction and that a hearing upon such application will be held at the court house at said Barnstable County Superior Court, in. Barnstable on 02/24/2004, at 2:00 PM, at which time you may appear and show cause why such application should not be granted. Witness, Suzanne V. DelVecchio, Esquire, Chief Justice he Superior Court, at Barnstable, Massachusetts this 17th day of Fe uary, 2004. e(/,/ Clerk-Magistrate (AFFIX RETURN OF SERVICE ON BACK OF SUMMONS) cvcsumornot_2.wpd 27201 hrgord kellmary Anthony Alva: . Attorney at Law 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 Phone (508) 362-8342, Fax (508) 362-7770 February 17, 2004 BARNSTABLE SUPERIOR COURT ATTN: Clerk of Courts, Mr. Scott Nickerson P.O. Box 425 Barnstable, MA 02630 Re: Docketing of Complaint and ex-parte MOTION FOR A SHORT ORDER OF NOTICE - Tri v. Town of Barnstable Board of Health, Building Inspector, Et.Al. Dear Mr. Nickerson: Kindly docket the attached complaint and docket the attached ex- parte motion for a short order of notice for the next available civil session today. I have contacted Barnstable's Town Counsel, David Houghton, Esq. , to notify him of this filing, and faxed him a copy of the complaint and motion. He has notified me that he cannot be present to appear for the town today and that he is not waiving the town's right to appear. Sincerely, ` • Al -f Attac -nt cc: Atty. Frank DiLuna, Murtha Cullina LLP David Houghton, Esq. , Town Counsel, Town of Barnstable COMMONWEALTH OF MASSACHUSETTS' . Barnstable, SS Barnstable. Superior Court Civil Docket BACV -2004- . BRENDA M. TRI, ) dba DIAMOND EDGE FARM ) VICTOR CILLIS ) LEIGH-ANNE SOUZA ) PLAINTIFFS ) v. ) . BOARD OF HEALTH OF THE TOWN OF ) BARNSTABLE, AS CONSTITUTED BY ) ITS MEMBERS, ) WAYNE MILLER, CHAIRMAN ) i SUMNER KAUFFMAN ) SUSAN G. RASK ) BUILDING COMMISSIONER, TOWN OF ) BARNSTABLE, THOMAS PERRY ) DEFENDANTS ) EX-PARTE MOTION FOR SHORT ORDER OF NOTICE ON PLAINTIFFS' COMPLAINT FOR STAY AND/ OR PRELIMINARY INJUNCTION AND FOR HEARING UNDER G.L.c.39, § 23B NOW COME THE PLAINTIFFS AND MOVE THAT THIS HONORABLE COURT ISSUE A SHORT ORDER OF NOTICE FOR A HEARING ON THE FOLLOWING: 1. On Count I - Only on the issue of a stay of enforcement/ preliminary injunction to prevent the Barnstable Board of Health from forcing removal of the horses now stabled at plaintiff Brenda M. Tri's business, the Diamond Edge Farm, before either a full hearing or trial on the merits can A occur. The relevant Board of Health Order is. dated January 30, 2004 . 2. On Count II - In accordance with G.L.c. 39, § 23B, the Open Meeting Law, that on this date the Court issue a summons to . conduct a hearing within ten days, on the Board of Health's failure to comply with the Open Meeting Law'; and 'The relevant portion of G.L.c.39, § 23.B, reads: "Upon proof of failure by any governmental body or by any member or officer thereof to carry out any of the provision for public notice or meetings, for holding open meetings, or for maintaining public records thereof, any justice of the supreme judicial court or the superior court * * * shall issue an appropriate order requiring 1 3. On Counts III to X of the complaint - In accordance with G.L.c. 223, § 2 (b) , on the issue of transferring currently pending non-criminal matters and one criminal matter from Barnstable's First District Court to this Court. Proceedings on all such complaints have been stayed in the District Court to February 26, 2004, pending this Superior Court Action. At full hearing, plaintiffs will argue this court should retain jurisdiction of those matters [ under G.L.c. 231A ] because each of the pending non-criminal matters and single criminal matter concern the same casual factual nexus as this underlying complaint. AN AFFIDAVIT BY THE PLAINTIFF, BRENDA M. TRI, IS ATTACHED TO THE COMPLAINT AND INCORPORATED HEREIN AND HERETO IN ITS ENTIRETY IN SUPPORT OF THIS MOTION. RESPECT„EULLY-SUBMUTED PLAINNTIFF BY HER ATTORNEY ony A 3858 Attorney a law. 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 (508) 362-8342 Date: Qj LPG I such governmental body * * * to carry out such provisions at future meetings. Such order may be sought by complaint of three or more registered voters in which the city or town is located. The order of notice on the complaint shall be returnable no later than ten days after the. filing thereof and the complaint shall be heard and determined on the return day or on such day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with the rights of the parties; * * *- 2 , t - COMMONWEALTH OF MASSACHUSETTS - Barnstable, SS Barnstable Superior. Court Civil Docket BACV 2004- BRENDA M. TRI, ) dba DIAMOND EDGE FARM ) VICTOR CILLIS ) LEIGH-ANNE SOUZA ) PLAINTIFFS ) v. ) BOARD OF HEALTH OF THE TOWN OF ) BARNSTABLE, AS CONSTITUTED BY ) ITS MEMBERS, ) 1 WAYNE MILLER, CHAIRMAN ) SUMNER KAUFFMAN ). 1 SUSAN G. RASK ) BUILDING COMMISSIONER, TOWN OF ) . BARNSTABLE, THOMAS PERRY ) DEFENDANTS ) 1 MOTION TO TRANSFER MATTERS FROM DISTRICT COURT DOCKET NOW COME THE PLAINTIFFS AND MOVE THAT THIS HONORABLE COURT: 3 i Transfer all currently pending non-criminal matters and one criminal matter from Barnstable's First District Court to this Court as outlined on Counts III to X of the complaint, in accordance with G.L.c. 223, § 2(b) . Proceedings on all such a Distarict Court complaints have been stayed in the District Court to February 26, 2004, pending this Superior Court Action. Such complaints, by docket/file/ reference number are listed in detail in each of Counts III through Xof this complaint and incorporated herein and hereto by reference in their entirety into this motion. This court should retain jurisdiction of those matters [ under G.L.c. 231A and in accordance with G.L.c. 223, § 2(b) ] because each of the pending non-criminal matters and single criminal 1 matter concern the same casual factual nexus as this underlying complaint. A proposed order is attached. AN AFFIDAVIT BY THE PLAINTIFF, BRENDA M. TRI, IS ATTACHED TO THE COMPLAINT AND INCORPORATED HEREIN AND HERETO IN ITS ENTIRETY IN SUPPORT OF THIS MOTION. RESPECTFULLY SUBMITTED PLAIN BER ATTORNEY Anthon A 633858 torney at Law 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 (508) 362-8342 Date: g/t -V fer } { 2. a. COMMONWEALTH OF- MASSACHUSETTS - Barnstable, SS Barnstable Superior Court Civil Docket BACV 2004- BRENDA M. TRI, ) dba DIAMOND EDGE FARM ) VICTOR CILLIS ) LEIGH-ANNE SOUZA ) PLAINTIFFS ) v. ) BOARD OF HEALTH OF THE TOWN OF ) BARNSTABLE, AS CONSTITUTED BY ) ITS MEMBERS, ) WAYNE MILLER, CHAIRMAN ) SUMNER KAUFFMAN V ) . SUSAN G. RASK ) ) BUILDING COMMISSIONER, TOWN OF ) BARNSTABLE, THOMAS PERRY ) DEFENDANTS ) S ORDER In accordance with G.L.c. 223 , § 2(b) , the following non-criminal citations by the Town of Barnstable Board of Health and/or Town of Barnstable Building Department vs . Ms. Brenda M. Tri, their related docket entries, and the below listed criminal docket, are all ordered transferred from Barnstable's First District Court for hearing, deposition and trial in this Court: 1) BAR 52913 to 52917 Docket 03 25 AC 005322 2) BAR 52918 to 52925, BAR 67626, and BAR 67636 to 67650 - Docket 03 25 AC 005513 3) BAR 66279 - Docket 0325 CR 002331 4) BAR 66533 - Docket 03 25 AC 005315 5) BAR 66537 - Docket 0325 AC 005719 6) BAR 65339 - Docket 0325 AC 00357.4 7) BAR 66554 - Docket 0325 AC 004268 8) BAR 67661 to 67669 - Docket 03 25 AC 006147 9) BAR 67651 to 67655 - Docket 03 25 AC 005718 SO ORDERED: JUSTICE ., DATE: . C11/ILACTIO,N`%„ DOCKET'NO:(S) 'Trial=Cou.rt of Massachusetts �. Superior Court Department C'OVER'.SHEE:T. _,. County:Rarnstahl PLAINTIFF(S) DEFENDANT(S) Brenda M. Tri. Victor Cillis,Leigh— Barnstable, Town. of, Board of Health n�Srsuza and R 1i 1ding Commi ssioner, et.al. ATTORNEY,FIRM NAME,ADDRESS AND TELEPHONE ATTORNEY (if known) Anthony Alva, Esq. ,Box 730 , Robert Smith, Esq. Barnstable, MA 02630 Board of Bar Overseers number: -412 S R Origin code and track designation Place an x in one box only: ❑ 4. F04 District Court Appeal c.231, s. 97 &104 (After 1. F01 Original Complaint trial) (X) 2. F02 Removal to Sup.Ct. C.231,s.104 ❑ 5. F05 Reactivated after rescript; relief from (Before trial) (F) judgment/Order (Mass.R.Civ.P. 60) (X) ❑ 3. F03 Retransfer to Sup.Ct. C.231,s.102C (X) ❑ 6. E10 Summary Process Appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) CODE NO. TYPE OF ACTION(specify) TRACK IS THIS A JURY CASE? D13 Declaratory Judgment X) (X )Yes ( ) No The following is a full, itemized and detailed statement of the facts on which plaintiff relies to determine money damages. For this form, disregard double or treble damage claims; indicate single damages only; TORT CLAIMS (Attach additional sheets as necessary) A. Documented medical expenses to date: 1. Total hospital expenses $ 2. Total Doctor expenses $ 3. Total chiropractic expenses $ 4. Total physical therapy expenses $ 5. Total other expenses (describe) $ Subtotal $ B. Documented lost wages and compensation to date $ C. Documented property damages to date . $ D. Reasonably anticipated future medical and hospital expenses . . . .. E. Reasonably anticipated lost wages $ . . F. Other documented items of damages (describe) . $ G. Brief description of plaintiff's injury, including nature and extent of injury (describe) The Board of Health' s wrongful effort to force the plaintiff to remove all of the horses from her boarding facility riding school, and stabling facility, all agricultural $ activity under the law. TOTAL $ • CONTRACT CLAIMS (Attach additional sheets as necessary) Provide a detailed description of claim(s): TOTAL $. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT "I hereby certify that I have complied with the rrements of Rule 5 Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule 1:18) req ' mg that I provide my cli s t information about court-connected dispute resolution services and discuss 'tis them the advantages an is n ges of the various methods." • Signature of Attorney of Reco DATE: ej (7-( AOTC-6 mtc005-11/99 A.O.S.C.1-2000 Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV2004-00084-A RE: Tri et al v Barnstable Board of Health et al TO:Anthony Alva, Esquire 3291 Main Street PO Box 730 Barnstable, MA 02630 TRACKING ORDER -A TRACK You are hereby notified that this case is on the average (A) track as per Superior Court Standing Order 1-88. The order requires that the various stages of litigation described below must be completed not later than the deadlines indicated. STAGES OF LITIGATION DEADLINE Service of process made and return filed with the Court 05/17/2004 Response to the complaint filed (also see MRCP 12) 07/16/2004 All motions under MRCP 12, 19, and 20 filed 07/16/2004 All motions under MRCP 15 filed 05/12/2005 All discovery requests and depositions completed 04/07/2006 All motions under MRCP 56 served and heard 06/06/2006 Final pre-trial conference held and firm trial date set 10/04/2006 Case disposed 02/16/2007 The final pre-trial deadline is not the scheduled date of the conference. You will be notified of that date at a later time. Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service. This case is assigned to session A sitting in Civil A, Barnstable Superior Court. Dated: 02/17/2004 Scott W. Nickerson Clerk of the Courts BY: Nancy N. Weir Location: Civil A Assistant Clerk Telephone: (508) 375-6684 Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at(617)788-8130 Check website for status of case: http://ma-trialcourts.org/tcic cvdtraca_2.wpd 373980 inidoc0l kellmary (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT MOTOR VEHICLE TORT EQUITABLE RELIEF OTHER) fl nitutuntftrtait # -;1; azicaritustifiv BARNSTABLE,ss. SUPERIOR COURT No. Brenda M. Tri ,dba Diamond Edge Farm Victor Ciing, Leigh—Anne Souza Plaintiffs VS. Board of Health of the Town of Barnstable, by its members, Wayne Miller Sumner Kauffman Susan G. Rask Defendants and Building Commissioner of the Town of Barnstable Thomas Perry, Defendant- 4.1 SUMMONS To the above-named defendant : You are hereby summoned and required to serve upon.Anthony plaintiff's attorney, whose address is 3.2.9.1.....Main....St....., P...O......Hax....7.3.0..,.....Harnstable..,.MA 0.2.6..30 , an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. Witness, SUZANNE V.DEL VECCHIO Esquire, at Barnstable,the 17th day of February ,in the year of our Lord two thousand and f our . hii44 Clerk NOTE: When more than one defendant is involved,the names of all defendants shall appear in the caption.If a separate summons is issued for each defendant,each should be addressed to the particular defendant. NOTICE TO DEFENDANT You need not appear personally in:court to answer..the complaint but if you claim to have a-defense, either you or your attorney must serve a copy of your written answer within 20 days as specified herein and also file the original in the Clerk's office. COMMONWEALTH -OF MASSACHUSETTS` _ Barnstable, SS _ Barnstable Superior Court Civil Docket BACV 2004- BRENDA M. TRI, ) dba DIAMOND EDGE FARM ) VICTOR CILLIS ) LEIGH-ANNE SOUZA ) PLAINTIFFS ) ) Complaint Under v. ) G.L.c 231A,G.L.c.128A,§1A G.L.c.111,§§ 125A,155, 157, G.L.c.40A, § 3, BOARD OF HEALTH OF THE TOWN OF ) G.L.c.39, § 23B, BARNSTABLE, AS CONSTITUTED BY ) & ITS MEMBERS, ) For Stay of Enforcement WAYNE MILLER, CHAIRMAN .) or Preliminary Injunction SUMNER KAUFFMAN ) & SUSAN G. RASK ) Demand for Jury ) Trial on all Issues BUILDING COMMISSIONER, TOWN OF ) so Triable BARNSTABLE, THOMAS PERRY ) DEFENDANTS ) Statement of the Case This is a complaint for relief from a "Notice of Revocation of Stable License" dated January 30, 2004, by the Barnstable Board of Health, that requires Ms. Brenda M. Tri to remove all horses from the "Diamond Edge Farm," her place of business. Diamond Edge Farm is a horse boarding facility and riding school which Ms. Tri has operated at her seven-point-one acre working farm in West Barnstable since 1998. Diamond Edge Farm conducts agricultural activity exempt from unreasonable regulation, and in this action Ms. Tri will show that the Board of Health's regulations are unlawful and unreasonable, and that the Board of Health has acted in a wanton and capricious manner. Ms. Tri is seeking a Declaratory Judgment that the Board of Health's revocation of her town stablelicense, and its demand that she remove all horses from her property, are unlawfulbecause both exceed the statutory and regulatory authority granted to the . Board of Health under G.L.c.40A §' 3, G.L.c.128A §lA, G.L.c.111 §§ 1 155, 155, and 157 , and other such. relief -atlaw.., - This is also an action for -a stay of enforcement or preliminary .. . injunction to prevent the Board of. Health from removing all_of the horses stabled at the plaintiff's business, which would put her out of business, and, in the alternative, if the court adjudges the board had authority to act, to require that it reopen its public hearing under G.L.c.39, § 23B, so that the plaintiff and others may have an opportunity to be present and to submit evidence before the board during a lawfully convened meeting. On the same grounds, in this action, the plaintiff also seeks declaratory judgment that the Town of Barnstable by its Building Department and Commissioner exceeded its statutory authority in issuing non criminal citations for the placement of light poles on the plaintiff's property, an alleged violation of building code. Plaintiffs, Dr. Victor Cillis, and Leigh-Anne Souza are taxpayers of the town of Barnstable, who, along with Ms. Tri, challenge the Board of Health's compliance with. the Open Meeting Law, G.L.c. 39, § 23B. The Parties 1. The plaintiff, Ms . Brenda M. Tri, a registered voter, resides at 2051 Main Street, West Barnstable, Massachusetts 02668. She does business as Diamond Edge Farm, where at the .7.1 acre site, she boards and/or stables at any one time about fourteen horses, employs stable hands, and where she conducts horse riding lessons, primarily for children. - 2. The plaintiff, Dr. Victor Cillis, a registered voter, _resides at 2051 Main Street, West Barnstable, Massachusetts 02668, and is the spouse of plaintiff Brenda M. Tri. 3. The plaintiff, Leigh-Anne Souza, a registered voter, resides of 3715 Falmouth Road, Marstons Mills, MA 02648. k 4. The defendants are the Barnstable Board of Health, 200 Main Street, Hyannis,MA 02601, and its members, chairman Wayne Miller 2231 Meetinghouse Way, West Barnstable, MA, and members Sumner Kaufmann, Old Post Road, Cotuit, MA, and Susan G. Rask, unlisted address. 5. The defendant Building Commissioner, Thomas Perry, oversees the Town of Barnstable's building department located at 200 Main Street, Hyannis,MA 02601. Facts Complaint Against the Board of Health 2 6. Since- 1998°,- Ms. Tri has obtained a license to operate the Diamond Edge riding school/ stable (hereinafter "Diamond Edge") , formerly "Stepping Stone Riding School," from the Commonwealth of Massachusetts Department of Food and Agriculture Bureau of Animal Health. (Hereinafter the "state license". ) Diamond Edge is an equine farm, training facility,. boarding and stabling facility. 7. The current operating license, number 1033, from the Commonwealth was issued on April 1, 2003, and expires on March 31, 2004. A copy of the license is attached to this complaint and marked as "Exhibit 1", and is incorporated herein and hereto in its entirety. Ms. Tri is also licensed by the commonwealth as an riding instructor, number 3924. 8. Such state licenses are granted conditioned on Diamond Edge's • passage of inspection by agriculture department inspectors. Diamond Edge has regularly been inspected by the Commonwealth Department of Agriculture Bureau of Animal Health, and was last inspected on June 20, 2003, and July 24, 2003. 9. Diamond Edge passed each such inspection. See copies of the inspection reports attached to this complaint and incorporated herein and hereto in their entirety. The June 20, 2003 inspection is marked as "Exhibit 2". The July 24, 2003 inspection is marked as "Exhibit 3". 10. On or about March 22, 2001, the Board of Health directed that Ms. Tri construct two compost bins for the composting of manure outside the stable at Diamond Edge. 11 On June 26, 2003, the Board of Health by an authorized health agent, issued a non-criminal citation to Brenda M. Tri, dba Diamond Edge Farm, alleging violation of "Part X, Stable Regulation," for "failure to properly cover manure" and which demanded payment of- $40.00. See the "NOTICE OF VIOLATION OF TOWN ORDINANCE OR REGULATION, " (hereinafter the "notice") number BAR 65339, marked as "Exhibit 4" attached to this complaint and incorporated herein and hereto in its entirety. 12. The June 26, 2003, notice of violation cited as its authority an April 1, 1972, Town of Barnstable Board of Health regulation entitled "PART X: STABLE REGULATION", (hereinafter the "town regulation") which was revised on or about July 15, 1993. Today, the town regulation contains fifteen paragraphs purporting to govern stable operations. See the town regulation, marked as "Exhibit 5", the contents of which are incorporated herein and hereto in their entirety. 13. On July 1, 2003, the Town of Barnstable, Board of Health, by its chairman, Susan G. Rask, issued Diamond Edge a stable 3 license, which expires .on June 30, 2004-.. (Hereinafter the: . . "town license". See the town license, marked as "Exhibit 6". attached to this. complaint and incorporate herein_ andhereto _ . in its entirety. • 14. This June 26, 2003, notice, was one of several issued by town health agents, that year, including citations numbered: • (a) BAR 66279, dated April 14, 2003, citing a $50.00 fine for purported violation of town regulation Part X, attached to this complaint and marked as Exhibit 7; (b) BAR 66554, dated August 6, 2003, citing- a .$100.00 fine for purported violation of the town regulation, Part X(7) , attached to this -complaint and marked as Exhibit - 8. (c) BAR 66533, dated September 29, 2003, citing a $100.00 fine for purported violation of the town regulation, Part X(7) , attached to this complaint and marked as Exhibit 9; (d) BAR 66537, dated November 10, 2003, citing a $100.00 • fine for purported violation of the town regulation, Part X(7) , attached to this complaint and marked as Exhibit 10; 15. Citing Part X(7) of the regulation as authority, on July 29, 2003, Health Agent Thomas A. McKean issued a letter, an "ORDER TO CEASE AND DESIST"., to Ms. Tri, focusing on • accumulating horse manure, alleged spreading of sandstone and/or dust, stated that failure to comply with the "order" could result in a "* * * $100.00 non-criminal ticket citation," and with each- day's "failure to comply" constituting a separate violation. See a copy of the July 29 letter, marked as Exhibit 11,• attached to this complaint and- incorporated herein and hereto by reference. 16. Pro se, Ms. Tri seasonably challenged and appealed each such citation issued by agents of the Barnstable Board of Health and the July 29, 2003 "ORDER TO CEASE AND DESIST" by Mr. McKean. 17 . As a result of Ms. Tri's appeals, as they were issued, all of the above referenced Board of Health citations were filed by the Town of Barnstable Board of Health in Barnstable's First • District Court for a determination of probable cause, and/or for a finding of responsible at a magistrates hearing,- and on February 5, 2004, a hearing on all alleged violations were continued by the magistrate pending resolution of this complaint in Superior Court. 18. On January 8, 2004, the Board of Health conducted a hearing • at which time its members- took evidence from its health • • inspector, members of the public, Ms . Tri and her counsel, referencing the above cited purported violations and complaints from the public. Despite documents showing that manure was being removed from Diamond Edge Farm on an almost weekly basis, on that date board members voted to accept proposed findings of fact submitted by the town health inspector, and expressed an intent to shut down the Diamond Edge Farm. (See the document marked as "Exhibit 12","Proposed Findings" attached to this complaint and incorporated herein and hereto in its entirety. ) . 19. After discovering the January 8, 2004 meeting had not been posted or held in accordance with the open meeting law, the Board of Health notified Ms. Tri by letter on January 14, 2004, that another meeting would be convened on January 20, 2004 . That notice is attached to this complaint, marked as "Exhibit 13", and incorporated herein and hereto. 20. Ms. Tri by her counsel requested in writing that the January 20, 2004 meeting be continued because on advice of her physician should could not be present. That letter is attached to this complaint, marked as "Exhibit 14", and incorporated herein and hereto. . 21. At the January 20, 2004, meeting, the applicant, Ms. Brenda M. Tri, on advice of her physician, in fact could not be present, and the board members were so advised at the beginning of the meeting by Ms. Tri's counsel. 22. At that meeting board members refused to continue the meeting so Ms. Tri could be present, refused to make at least one site visit so they could view conditions first hand, did not accept additional testimony, reread the January 8, 2004, proposed findings of fact, then voted to accept said findings. 23. Written notification of the Board of Health revocation which included an additional finding and demand for removal of the 3 horses no later than February 17, 2004, was made public in writing by board chairman Wayne Miller on or about January 30, 2004, when notice was given in accordance with 105 CMR 400.400 to Ms. Tri on February 3, 2004. A copy of the notification marked as "Exhibit 15" is attached to this complaint, and is incorporated herein and hereto. COUNT I Stay of Enforcement and/or Preliminary Injunction . 24. The plaintiff restates and incorporates by reference herein 5 f and hereto the averments contained in the above listed paragraphs. 25. The riding school and boarding facilities at Diamond Edge Farm are the plaintiff's sole source of employment. Her self employment has also had a crucial therapeutic and emotional benefit to her as she has been struggling with an otherwise debilitating long term illness. 26. If the plaintiff is forced to remove the horses from Diamond Edge Farm, then she will immediately be put out of business and potentially placed in breach of contract with clients, potentially exposing her to an assortment of claims. 27. Throughout the course of the plaintiff's interactions with the defendant Board of Health, it has refused to consider reasonable alternatives to its current order to completely remove all horses. 28. Such wanton, capricious, and draconian measures by the board, which would immediately shut down the plaintiff's business, would constitute irreparable harm to the plaintiff. Tri-Nel Management, et.al. v. Board of Health of Barnstable, 433 Mass.. 217 (2001) . 29. The plaintiff should prevail in her complaint because the facts and law support her position 30. Public policy supports the plaintiff 's position. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Issue a stay of enforcement prohibiting the Barnstable Board of Health from executing its January 30, 2004, Notice of Revocation of Stable License demanding removal of the horses at the Diamond Edge Farm because even if- the defendant suffers any harm as a result of the granting of a stay, the plaintiff will suffer far greater harm if the stay is not granted; (b) In accordance with M.R.C.P. 65, and Superior Court Rule 9A(c) (3) , schedule a hearing be held after issuance of a stay of enforcement on a Preliminary Injunction; (c) Waive any payment_ by the plaintiff of any security or bond under M.R.C.P. 65(c) because, among other reasons, in this type of case the defendants cannot reasonably show any costs or damages that may incurred or 6 suffered by being: enjoined or restrained; (d) In the alternative, if the court declines to issue a stay of enforcement, in accordance with M.R.C.P. 65, and Superior Court Rule 9A(c) (3) , schedule a hearing be held for a Preliminary Injunction; (e) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT II Violation of Open Meeting Law Stay of Enforcement and/or Preliminary Injunction G.L.c.. 39, § 23B 31. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs.. 32. On January 14, after notifying the plaintiff that she must request a continuance of the January 20, 2004' Board of Health meeting no later than fifty two hours prior to the meeting . (see Exhibit 13) the plaintiff did request a continuance in writing (see Exhibit 14) . 33. The grounds for the request was the plaintiff's medical condition. She faced surgery and on her physician's advise she was urged to avoid stress that could worsen her condition. 34. Regardless of the requests, on January 20, 2004, the Board of Health convened on January 20, 2004, at about 7 p.m. , and after rejecting an additional request for a continuance to give the plaintiff time to recover and respond to any additional evidence or statements by members of the board, it proceeded to: a) refuse to accept any new testimony; b) incorporate all evidence taken at its January 8, 2004 meeting that was held (by its own admission) not in accordance with the open meeting law, and; c) re-entered into the record their previously approved "proposed" findings of fact and voted to revoke the plaintiffs stable license. 35. The actual decision of the board, giving the plaintiff until February 17, 2004, to remove all horses from the farm and . revoking her license., was made public by service to the plaintiff in accordance with 105 CMR 400.400 by deputy sheriff on February 3, 2004. (See Exhibit 15. ) 36. At the January 20, 2004 meeting, Dr. Cillis and Ms. Barrett 7- were not allowed to speak by members of the board of health. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Conduct a hearing on this issue within ten days in accordance with the statute, G.L.c. 39, 5 23B, at which time the following prayers for relief may be addressed. (b) Find that the defendant Barnstable Board of Health's refusal to take any evidence on January 20, 2004 meeting, aside from a prepared statement by its own agents, constituted a violation of the open meeting law since the facts contained in the statements were not discussed during a lawfully convened publicmeeting of the Board of Health;. (c) Find that the defendant Barnstable Board of Health's refusal to continue the January 20, 2004, meeting so the plaintiff could be present, constituted a violation of the open meeting law since the plaintiff was not given due process or a fair opportunity to be present or to provide evidence or comment to the board on its proposed actions and findings during a lawfully convened public . meeting of the Board of Health; (d) Find that the defendant Barnstable Board of Health's refusal to take any evidence on January 20, 2004 meeting, from any source in support of the plaintiff constituted a violation of the open meeting law since the no such facts were, or have ever been, presented during a lawfully convened public meeting of the Board of Health; (e) Find for each or any of the above stated reasons, the Board of Health's Notice of Revocation of Stable License is the result of an unlawful meeting, and that it therefore is unenforceable, or in the alternative: 't (i) If the court finds the Board has authority, order that such lawful meeting thereby be convened, and that the Board of Health members make a site visit to the farm, or, (ii) If the court finds the Board has authority, order that at all such future meetings the Board of Health may only take evidence and consider evidence submitted during -a lawfully convened meeting,and that the Board of Health members make a site visit to the farm. • COUNT III 37. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs. 38. On its face, the Town of Barnstable "Part X: Stable Regulation" as adopted on April 1, 1972, Revised on July 15, 1993, states at X(15) : Under Massachusetts General Laws, chapter 111, Section 157 anyone who violates the provisions of these regulations shall be punished by a fine of five dollars ti for each day such violations continue. The Barnstable Board .of Health also. reserves the right to suspend or revoke licenses previously issued if continued violations of these regulations occur. Id. 39. Each and every citation issued by the Barnstable Board of Health exceeds the five dollar per day maximum fine allowable under G.L.c. 111, § 157, with said fines ranging from forty dollars to one hundred dollars. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that each and every pending Notice of Violation of Town Ordinance or Regulation brought by the Barnstable Board of Health that exceeds the five dollar maximum cited in G.L.c 111, § 157 is preempted by said statute, • unlawful and thus unenforceable; (b) Order .the transfer from District Court and dismissal with prejudice of each and every non criminal complaint and its associated fine that have been brought the Barnstable Board of Health against the plaintiff; (c) _ And that said order include the following citation numbers and any others which exceed the statutory . maximum: - (i) BAR 66279, dated April 14, 2003, citing a $50.00 fine; (ii) BAR 66554, dated August 6, 2003, citing a $100.00 .fine; (iii) BAR.66533, dated September 29, 2003, citing a • . $100.00 fine; 9 (iv) BAR 66537, dated November 10, 2003, citing a - $100.00 fine (d.) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT IV 40. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed . paragraphs. 41. G.L.c.111, §155, "Licensing of stables in cities and large towns; fees" states in relevant part: No person shall erect, occupy, or use for a stable any building in a city, or in a town, having more than five thousand inhabitants, unless such use is licensed by the. board of health, and, in such case, only to the extent so licensed. * * * [T]he board of health of suchcity or town may make such regulations or orders as, in its judgment, the public health requires relative to drainage, ventilation, size and character of stalls, bedding, number of animals and storage and handling of manure in any stable in its city or town. Id. (Emphasis added. ) WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that (in so far as the Town of Barnstable Board of Health is relying on "Part X: Stable Regulation" in its non-criminal enforcement action against the plaintiff) each, or any, of the fifteen listed paragraphs of "Part X", violate G.L.c.111, §155, going beyond the statute by regulating areas outside and notrelated to the . drainage, ventilation, size and character of stalls, bedding, number of animals and storage and handling. of manure in any stable in the town; (b) Order the transfer from District Court and the dismissal with prejudice of each and every non criminal complaint and its associated fine that have been brought the Barnstable Board of Health against the plaintiff which exceeds the statutory authority granted under G.L.c.11, §155; (c) Include in any order the following citation numbers and any others which exceed the. statutory maximum: 10 (i) BAR 66279, dated April 14, 2003, citing a $50.00 fine; (ii) BAR 66544, dated August 6, 2003, citing a $100.00 fine; (iii)BAR 66533, dated September 29, 2003, citing a $100.00 fine; (iv) BAR 66537, dated November 10, 2003, citing a $100.00 fine (d) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT V 42. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs. 43. On or about April 14, 2003, the Board of Health by its authorized agent issued a Notice of Violation of Town Ordinance or Regulation number BAR 66279, which stated on its face as the alleged offense: "Failure to properly cover or dispose of manure, many flies. See the citation, attached to this complaint, marked as "Exhibit 16", the contents of which are incorporated herein and hereto by reference. 44. On or about July 22, 2003, the citation and non criminal complaint on BAR 66279 was filed at Barnstable's First District Court, probable cause was found by the magistrate and the matter was docketed as 0325 CR 002331. See the criminal complaint, attached to this pleading, marked as "Exhibit 17", the contents of which are incorporated herein and hereto by reference. 45. On its face, Docket 0325 CR 002331 cites a "MISCELLANEOUS STATUTORY VIOLATION", and goes on to read "on [sic] April 14, 2003 did FAIL TO PROPERLY COVER OR DISPOSE OF MANURE, in violation of NUISANCE CONTROL REGULATION #1, § PART X: STABLE REGULATION. " . 46. The complaint cites a fifty dollar fine. 47. On February 5, 2004, proceedings on District Court Docket 0325 CR 002331, and deposition of all other non-complaints of a similar nature, were stayed until February 26, 2004, pending deposition of this complaint in Superior Court. 48. At all relevant time periods, Ms. Tri and her employees have disposed and handled manure in accordance with customary farming procedures. 11 49. G.L.c.111, §125A, states in relevant part: * * * the spreading of manure upon agricultural and horticultural or farming lands or noise from livestock or farm equipment used in normal, generally acceptable farming procedures * * * shall not be deemed to constitute a nuisance. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that Docket 0325CR 002331 and its underlying non- criminal complaint, fail to state with sufficiency a cause of action upon which relief may be granted;. (b) Order the transfer from District Court and dismissal with prejudice of said complaint and associated fines that have been brought by the Barnstable Health Department against the plaintiff; and (c) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT VI 50. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs. 51. An income generating horse stable and riding school on a parcel five acres in size and larger constitutes an "agricultural" use under G.L.c.40A, § 3,G.L.c.128A,S LA. Steege v. Stow, 26 Mass.App.Ct. 970 (1988) . 52 . G.L.c.40A, § 3, "Subjects which zoning may not regulate; exemptions; public hearings * * *",. states in relevant part: No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture * * * nor prohibit, or unreasonably regulate, or require a special permit for the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture * * * Id. (Emphasis added. ) 12 53. G.L.c.40A, §1A, "Definitions" of "Zoning" states: "Zoning", ordinance and by-laws, adopted by cities and towns to regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants. - Id. (Emphasis added. ) 54. "Part X: Stable Regulation" as adopted on April 1, 1972 , Revised on Duly 15,. 1993, states in relevant part in paragraph one, that the Board's authority arises from, "Massachusetts General Laws, Chapter 111, Section 155" and the "zoning By-Laws of the Town of Barnstable". WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that the plaintiff 's operation of a stable and riding school is an agricultural activity under G.L.c.40A, § 3, G.L.c.128A,S 1A; (b) Find that the town's ability to regulate such activity is restricted by both G.L.c. 111, S 155, and G.L.c.40A, §3; (c) Find that those paragraphs of "Part X: Stable Regulation" of Town of Barnstable which go beyond the scope of both G.L.c. 111, § 55, and G.L.c.40A, §3 constitute an unlawful effort by the town to restrain an agricultural activity; (d) Order the transfer from District Court and dismiss with prejudice each, any, or all non criminal complaints and associated fines that have been brought the Barnstable Board of Health against the plaintiff because they in fact exceed the town's regulatory and/ or statutory authority; (e) Include in said order dismissal with prejudice of the following non-criminal citation numbers: (i) BAR 66279, dated April 14, 2003, citing a $50.00 fine; (ii) BAR 66544, dated August 6, 2003, citing a $100.00 fine; (iii) BAR 66533, dated September 29, 2003, citing a $100.00 fine; (iv) BAR 66537, dated November 10, 2003, citing a 13 $100.00 fine; (f) Vacate and otherwise dismiss with prejudice the January -� - 30, 2004, Notice of Revocation of the plaintiff's Stable License and its attend order to remove all horses from the premises; (g) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. The Building Department COUNT VII 55. The plaintiff restates and incorporates by reference herein -- and hereto the averments contained in the above listed paragraphs. 56. On or about June 26, 2003, the plaintiff applied for a permit to perform electrical work with the Barnstable Building Department for the installation of "Light to Gazebo and outdoor paddocks and arena for safety of riding and caring .: ._ for/ safe keep of horses." The application also stated one - lighting outlet would be installed, four lighting fixtures and one receptacle outline and switch." A copy of the application is attached to this complaint, marked as "Exhibit 18" and incorporated by reference herein and hereto in its entirety. 57. The plaintiff paid a thirty five dollar fee and a permit was issued, permit number 69795. 58. - The plaintiff subsequently had lighting posts installed for the riding arena which is used by the horse riders for the purposes stated above. _ 59. Shortly thereafter, the Town of Barnstable by its Building Department and authorized agents have been issuing non criminal citations against Ms. Tri, each stating: Lighting . Pole Erected Without Old Kings Highway Approval, Chap. 470, . ,; Sec 6 Old Kings Highway, and each purporting to levy a $100.00 fine. A sample copy of the application for complaint --- for nine of the alleged violations is attached, and marked as - "Exhibit 19". _ 60. To date there are at least twenty seven such citations, all of which were duly appealed by Ms. Tri, and all of which have_:-_✓:- _been filed in. Barnstable's District Court for a magistrate's- hearing. 14 61. As with the Board of Health non-criminal citations, at this time the magistrate has stayed proceedings on all said Building Department non-criminal complaints pending resolution of this matter in this court. 62 The statutory reference cited on each of the complaints is "Chap. 470, Sec 6 Old Kings Highway Regional Historic." 63. None of the documents cite the specific Act or Resolves from which Chapter 470, § 6 is derived. 64. Chapter 470, of the Acts and Resolves of 1983 refers to "AN ACT FURTHER REGULATING THE PROTECTION OF THE PUBLIC HEALTH", and its § 6 refers to the definition of a research laboratory. Chapter 470 of the Acts and Resolves of 1989 refers to "AN ACT REGULATING THE RIGHTS OF PUBLIC EMPLOYEES TO RUN FOR ELECTIVE OFFICE", and its § 6 amends chapter 150E of the General Laws. Chapter 470 of the Acts and Resolves of 1993 refers to"AN ACT RELATIVE TO THE ERNESTINA COMMISSION" and contains nothing related to fines for the installation of light poles. A review of the Act and Resolves in other years presents a similar array of assorted legislative actions. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that each and every non-criminal citation filed in the year 2003, by the Barnstable Building Department, by its authorized agent, fails to state with sufficiency a cause of action upon which relief may be granted; (b) Order the transfer from the District Court and dismiss with prejudice each, any, or all non criminal complaints and associated fines that have been brought by the Barnstable Building Department against the plaintiff; and (c) Include in said order dismissal with prejudice of the following non-criminal citation numbers as listed in the Barnstable District Court Docket: (i) BAR 67661 to 67669, each citing a $100.00 fine; (ii) BAR 67651 to 67655, each citing a $100.00 fine; (iii) BAR 52913 to 52925, each citing a $100.00 fine; (iv) BAR 67626, 67636 to 67650, each citing a $100.00 fine; (v) BAR 52913 to 52917, each citing a $100.00 fine; (d) Grant what ever other. type of relief to the plaintiff that the court determines are mete and just. 15 COUNT VIII - 65. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs, and in the alternative to Count V, states as follows. 66. The Old King's Highway was established by Chapter 470 of" the Acts of 1973, as amended by Chapter 298 and 845 of the Acts of 1975; Chapter 273 of Acts of 1976; Chapter 38 and 503 of Acts of 1977; Chapter 436 of Acts of 1978; Chapter 631 of the • Acts of 1979; Chapter 338 of Acts of 1982; and Chapter 90 of the Acts of 1994. (Hereinafter the "Old Kings Highway Act". ) 67 . Section 6 of the Old Kings Highway Act, "Limitations", states in relevant part • * * * no permit shall be issued by the building inspector for any building or structure to be erected within the district, unless the application for said permit shall be accompanied either by a certificate of - appropriateness or a ,certificate of exemption which has been filed with the town clerk. Id. 68. Section 3 of the Old King's Highway Act, "Definitions", defines "Structure" as: * * * a combination of materials • other than a building, sign or billboard, but including stone walls, flagpoles, hedges, 'gates and fences." 69. Section 3 of the Old King's Highway Act does not define a light post and/or light pole. 70. On information and- belief, no person has been required to apply for a lighting post or pole in area under the jurisdiction of the Old King's Highway Act. 71. Upon application by Ms. Tri for her lighting installation, the Town of Barnstable issued her a permit without it being accompanied either by a certificate of appropriateness or a certificate of exemption having been filed with the town clerk as required by Section of the Old Kings Highway Act. • 72. No such certificate of appropriateness or a certificate of exemption were required because none was needed for the work that Ms. Tri applied. for and which was accomplished. - WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: • • 16 (a) Find that each and every non-criminal citation filed in the year 2003, by the Barnstable Building Department, by its authorized agent, fails to state with sufficiency a cause of action upon which relief may be granted; (b) Order the transfer from District Court and dismiss with prejudice each, any, or all non criminal complaints and associated fines that have been brought by the Barnstable Building Department against the plaintiff; and (c) Include in said order dismissal with prejudice of the following non-criminal citation numbers as listed in the Barnstable District Court Docket: (i) BAR 67661 to 67669, each citing a $100.00 fine; (ii) BAR 67651 to 67655, each citing a $100.00 fine; (iii) BAR 52913 to 52925, each citing a $100.00 fine; (iv) BAR 67626, 67636 to .67650, each citing a $100.00 fine; (v) BAR 52913 to 52917, each citing a $100.00 fine; (d) Grant what ever other *type of relief to the plaintiff that the court determines are mete and just. COUNT IX 73. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs, and in the alternative to Count VI, states as follows. 74. Nothing contained in the Old Kings Highway Act, or in any other legislation, states that said act supersedes G.L.c.40A, § 3, "Subjects which zoning may not regulate; exemptions; ' public hearings * * *", as defined in G.L.c.40A, §lA, "Definitions" of "Zoning". WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE • COURT: (a) Find that the plaintiff's operation of a stable and riding school is an agricultural activity under G.L.c.40A, § 3, G.L.C.128A,S1A; (b) Find that the town's ability to regulate such activity is not granted under Old Kings Highway Act; (c) Order the transfer from District Court and dismiss with prejudice each, any, or all non criminal complaints and 17 associated fines that have been brought the Barnstable Building Department against the plaintiff because they. in fact exceed the town's regulatory and/ or statutory authority; (d) Include in said order dismissal with prejudice of the following non-criminal citation numbers as listed. in the Barnstable District Court Docket: (i) BAR 67661 to 67669, each citing a $100.00 fine; (ii) BAR 67651 to 67655, each citing a $100.00 fine; (iii)BAR 52913 to 52925, each citing a $100.00 fine; (iv) BAR 67626, 67636 to 67650, each citing a $100.00 fine; (v) BAR 52913 to 52917, each citing a $100.00 fine; (e) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT X 75. The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs, and in the alternative to Count VII, states as follows. 76. Section 12 of the Old Kings Highway act, "Enforcement", states in relevant part: "Any person who violates any provision of this Act shall be * * * fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars- ($500.00) . Each day of violation of this Act shall constitute a separate violation." 77. The Town of Barnstable in this action is seeking fines of one hundred dollars per day for at least twenty seven days. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT: (a) Find that the defendant Town of Barnstable by its Building Department and authorized agents is acting in a wanton and capricious manner, attempting to levy a fine far in excess of that allowed under any reasonable interpretation of the law; (b) Order the transfer from District Court and dismiss with prejudice of each, any, or all non criminal complaints and associated fines that have been brought the Barnstable Building Department against the plaintiff because they in fact exceed the towns regulatory and/ or statutory authority; 18 (c) Include in said order dismissal with prejudice of the following non-criminal citation numbers as listed in the Barnstable District Court Docket: (i) BAR 67661 to 67669, each citing a $100 .00 fine; (ii) BAR 67651 to 67655, each citing a $100.00 fine; (iii) BAR 52913 to 52925, each citing a $100.00 fine; (iv) BAR 67626, 67636 to 67650, each citing a $100.00 fine; (v) BAR 52913 to 52917, each citing a $100.00 fine; (d) Grant what ever other type of relief to the plaintiff that the court determines are mete and just. COUNT XI • The plaintiff restates and incorporates by reference herein and hereto the averments contained in the above listed paragraphs, and in the alternative to Count VII, states as follows. WHEREFORE, THE PLAINTIFF RESPECTFULLY REQUESTS THAT THIS HONORABLE COURT grant what ever other relief to the plaintiff that the court determines are mete and just. An affidavit by plaintiff Brenda M. Tri is attached in support of this complant. THE PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE. RESPECTFULLY SUBMITTED PLAINTIFF BY HER ATTORNEY Ant 633858 torney at Law 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 (508) 362-8342 Date: 9W1-001 19 COMMONWEALTH OF MASSACHUSETTS Barnstable, SS Barnstable Superior Court Civil Docket BACV 2004- BRENDA M. TRI, ) dba DIAMOND EDGE FARM ) PLAINTIFF ) v. ) AFFIDAVIT AND BOARD OF HEALTH OF THE TOWN OF ) VERIFICATION OF COMPLAINT BARNSTABLE, AS CONSTITUTED BY ) BY PLAINTIFF ITS MEMBERS, ) WAYNE MILLER, CHAIRMAN ) SUMNER KAUFFMAN ) SUSAN G. RASR ) BUILDING COMMISSIONER, TOWN OF ) BARNSTABLE, THOMAS PERRY ) DEFENDANTS ) 1. My name is Brenda M. Tri, I am an adult above the age of 18 years, I am the named plaintiff in this action. 2. I have read the complaint being filed on my behalf by my attorney, and thoroughly familiar with those facts, and the facts as related in the complaint are correct. 3. In addition, my farming activities at Diamond Edge Farm I been economically harmed by the Town of Barnstable's attempt to impose unreasonable restrictions. I have suffered emotionally and physically. 4. I reviewed all documents attached to the complaint and marked as exhibits, and provided those documents to my attorney. All are documents which I have maintained in the route course of my business at Diamond Edge Farm, and the marked exhibits are true and accurate copies of documents I have so maintained. ALL OF THE ABOVE 'IS TRUE TO THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELIEF. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS DAY, FEBRUARY 17, 2004. a M. Tri COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS DATE Q//i 1"/J ` I On this date the above named Brenda M. Tri appeared before me and stated that she egedu this affidavit by her free act and deed. / /7_ Nota-r-y-P My Commission Expires: ` Antbeny Alva, Notary Public Commonv.:ealth of Massachusetts My Comrrission Expires 3/5/2004 • • �f� • THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF FOOD AND AGRICULTURE W BUREAU OF-ANIMAL HEALTH 251 CAUSEWAY ST., SUITE 500, BOSTON,MA 02114 LICENSE TO OPERATE A RIDING SCHOOL / STABLE Name DIAMONDS EDGE Date 4/1/2003 Address 2051 Main Street • W. Barnstable, MA • License No. 1033 Having paid a fee of Fifty Dollars ($50.00), and having agreed to comply with the rules and regulations, is hereby licensed in accordance with the General Laws, Chapter 128, Section 2B, to engage in the business of operating a Riding School and/or Stable where horses are kept for hire. THIS LICENSE EXPIRES ON MARCH 31, 2004 • CHIEF—BUREAU OF ANIMAL HEALTH • THE COMMONWEALTH OF MASSACHUSETTS = Department of Food and Agriculture F p y Bureau of Animal Health '•, � r 251 Causeway Street,Suite 500 Boston, MA 02114-2151 Date: 4/1/2003 • License No.: 3924 This is to certify the named bearer of this license has been qualified as a Horse Riding instructor, under Chapter 128, Section 2A. . Brenda Tri Barnstable, MA •- n Signature THIS LICENSE EXPIRES ON MARCH 31, 2004 Or unless sooner revo . CHiB.ET- I Pg.a I --- - • The Commonwealth of Massachusetts- =*= /, - BUREAU OF ANIMAL HEALTH: 7- 251,CAUSEWAY STREET,.SUITE 500 E BOSTON, MA 02114 STABLE INSPECTION REPORT Stable Name&Address 1%!l ''d?✓i0 CC.' - e Owner Name&Address ?O >• / r A,-' .� / f, Veterinarian Name&Address G•-„. . /f=1 /j i YES NO Explain a"no"answer under comments t i.00- Are Buildings and premises clean,sanitary and safe? Are Licenses and Liability information prominently posted? `x Is manure-rubbish properly handled;Is manure storage inaccessible to animals?. , Is a pest control program in effect? Are barn-paddock areas free of insects and rodents? ' Is adequate shelter available? , Are stalls clean and adequate size? . '-''�- Are water troughs-buckets and feed pails clean? • `-� Are floors,gutters and alley ways clean and free of litter? Are paddocks free of glass,wire or debris which could cause injuries? • . �""� Are paddocks graded to drain away from shelters;no pooled water or wastes? =�! Are turn-outs kept in compatible groups and not overcrowded? y Do animals confined to paddocks have adequate water and shade? isl/'' Is water being offered as per rules and regulations? 4..---! • Is fresh feed being offered each animal twice a day? "'""r Are horses feet properly shod/trimmed,cared for? 4 _ Are horses properly groomed and without equipment sores? L..f - Is equipment clean and safe? . r Are horses in good condition and sound? - Are records maintained for working horses in compliance with section 6? Number of horses on the premises: COMMENTS: vO/- /- J f'' S?4 /i c A :�L° .7- P, ii,•ef ;L't'�- °} 1"—, -o/ ff / J �7 j L .- ) !•r G/� 7. ,` ,,,„'n Y ! j i/ -_ f: J I Inspector's Signature Date of Inspection' • Approved Not Approved Reinspect w0 L.r"/'t sr''r Office Copy/White Barn Copy/Yellow Inspector's-Copy/Pink. ,. l i+ A ee-� EXHIBIT- 2- . Pg.- 1 . ' ; ,--a r . ,-2, .. ,I ) 7 .e,.--- ,.... .... / -....,'T c,, ft_-1-• c,41 ,44 fi4. t.../ •1 ? "1 ; , . i •—•" ! t ‘....,?I . I —." ki.ij‘—" • c 's\ ./rp.,,v . . s. i -: Af_,. . • Cy 0,:" 4.: /X(/A• -f- 6 ' .3" C;4,4;-, The Conzmonwealth.of-Masrachusetts '''' BUREAU OF-ANINIAL IfEALTH 251 CAUSEWAY STREET, SUITE500 BOSTON,MA 02114 -'441NEP 54 • STABLE INSPECTION REPORT t ,. Stable Name&Address „r1_—/4.° 1 1 04,r * ' 04. CZ_- 27e ai-/ /7-,:7 i.4.- ,),/ ----)t, c,..„ /1-_-- 1,,--,/..,,• , Owner Name&Address - : ... Veterinarian Name&Address - ...,4.-.. YES NO Explain a"no"answer under comments -- ,-.. . _,,--,.....,--- - ...... - fr# Are Buildings and premises clean,sanitary and safe? v , 1,....< k Are Licenses and Liability information prominently posted? ,,,,......... Is manure rubbish properly handled Is manure storage inaccessible to animals? . - •y., ; ' i . • . - • Isaiest control program in effect? Are barn-paddock areas free of insects and rodents? .... Is adequate shelter available? 1S----L- Are stalls clean and adequate size? - ' / .4 . .. ,. Are water troughs-buckets and feed pails clean? - ) Are floors,gutters and alleyways clean and free of litter? -- .. Are paddocks free of glass,wire-o-illibris which could cause injuries? , . ' - , . • - t, Are paddocks graded to drain away from shelters;no pooled water;or wastes7 i f i . ' . Are turn-outs kept in compatible groups and not overcroy,"ided? . . I . . Do animals confined to paddocks have adequate water and shade?-- t-'. • Is water being offered as per rules and regulations? • . . Is fresh feed being offered each animal twice a day? • i.....---- . Are horses feet properly shod/trimmed,cared for? ‘,..."- ,_ • Are horses properly groomed and without equipment sore ? . . a.....,"" • Is equipment clean and safe? -: Are horses in good condition and sound? t./ Are records maintained for working horses in compliance with section 6? . . . ._ ' • „f_Le Number of horses on the premises: f 7 5 ' 4 Z4.... .", j ' ......- / COMMENTS LC ICA 1 -L e hit.A --5 4-, ( ,1-.-- / A"'---...; V /6 4.'4'''''.'-. 6/ i<7 /7- . 0 14/ '-•/ i i qCi' /f q 9 glaz., ,- .(,(P/ -_-"Ig4: c;•76),-.)3 ,97-e ./-- )1., --,f,.--, / - / A ii,._ 0 ..r-,._,.d! ...s Z,/Ci e--,-, F...,''..27 g Li :74/tr-- ,57,1 7-c-- /4. <- zz7 ,5..:1 ...,.: tif e- ./.2),4.-7. -.. c /1 -------) -,-%-------. /1/4-1-":47 I iV ...,- -1 r i - .....' '....= .. . 1 z ..111 11 1.... C—,--11: Y 0*. , t: 1::":"1— 41 I Inpector's Signature,: • . ,.. Date of Inspection . -4 -... . Approved Not Approved ' - 1 Reinspect V : -• Office Copy/White Barn Copy/Yellow Inspectdr's Copy/Pink - , 4 ..s. IJJJ 0 / , ,"--1 t". ---", g.,-- .41 1.-) il /7 ni- n //...": c;- ,, if ;5-I -6 ---- -' I "T..... ..../ - . . , -1,,pg it i / il i C. I 11, /.../ tit'''''' Li '1/4—/ ‘I ' i. f)(1-11B IT-3 Pit -, -, , - --7 ...... , .:..., „ :„.„ ,, ,,, . , ", , ./......, - ._? .... . i 1 , •.- :...... it-7. e --." —....e 4...." /.... • IVIyASSA �[iU: T T S.:DE4P R--q N ?�_�::O 'M�eND-"AmR-lCI II TURF _: B l i 2EAU, O.P AN I' IAL.:H EA'L. • `.--- - �' f=f=�= Page r- of - .Jame: In 1 /; C",f0 X' e_ Date And Time Of Inspection '1 ✓ 3r I ; r . /f COMMENTS: -► _ 3 S, ±.H#9 r L7 R,7i2 � ,� ;L.-- j/! a'2 / �'Q.. I r> 6'6 1: /•!'�e-.r� wa A . Z i, . / - /9/e a ? 2 fir' /:..5 0 %/fe: P6 oP % v :A it, f•C1i 13✓,e,5 4 1 I -1 :S 00� G 6 i -v'.., (-)-- 11, e- s i 3/9 010- 0e .A1 - I rk c c /I A-.‘ V ',i) iv/44.g/0.74- I PA- rd C_1 . AI j P�� le(/ �e . . 1 A ' , hi C --L. , , �4#0 c> ir/ :2 ;'=e'. 0e '•7DLill �? Si 7.e.e; e0, ai" k 44 !•/•, f, ' A IA , r- ' / d 1976 f,4, . , sue. J e fe- '= . . �,( lei, lic P ,�� 3 �' AReport Received By �' „`� ee /; S /U �`\i' Signature Of Recipien •�. r j/I e lm J 3"7 �.., 4 A.if- a' ='y,c,�k. ,' inspector's Name: =, 1 f r ,.3p;ss, Inspector's Signature:_. -=r�r-' FORM#77A r1 White Copy -Office / Yellow Copy,-Inspector / Pink'Copy�-•Owner • EXHIB IT- . Pg; NAME OF OFFENDER -. •.; . ;,,a — • r..,, 1.. B'AR..6.5.33 - , _ ✓fir•,•( I r-. ,,: - TOWN OF- ADDRESS OF OFFENDED i` ,1 BARNSTABLE CITY.STATE.JF�D- ., •1 t,. ff . .▪ ;- /� l 'pry /� / L�.f r15 61Gr !+ I a?.4be • Iw,- : , �P`pf 1HE►q,_ / MV/MB REGISTRATION NUMBER - 1 OFFEN�S]�. ,,,rrr��� ▪ �' : \au�S� J (Niel 01 a4'f) (AP1.if !Ice, (iv, K Cl,i j(./tr6'0, •x C r • 0- 1 - c j la,a �� I .4l f f l•� c �G. c. , MKk q c•.1•,�l cr�Oil .T ;1,!r e 17 rA c r/ w c. : _:_>. l �t:� r �c1rF =r. NOTICE OF nMEAND D�oFw°VIOLATION Jti!f 2,6,2003 �Lo�AO5olvli1o^ f /$,I� f� z :;e, =-. 3 G,l I.V. ff 1 / Iy ;w Q r-- r. SIGNA OF ENFOpCING PERSON E RCING D�T. ! BADGE NO• LL1 , VIOLATION w,cl ' ''- ��,::' � e1,•Iofatril %:r,• 1,� o •^: OF TOWN • / ~ ' ljEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE Unable to•obtai signature of offender. ,�p • • _ .�„ , THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ J ,•, X,• Date mailed a r W • OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER_EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a ',,;;± REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w . - ;.. (1)You mayelect topaythe above fine,either byappearing inperson between 8:30 A.M.and 4:00 P.M.,Mondaythrough Friday,legal holidays excepted, Q ••" `k4"'' PP 9 9 9 P Lyj< •• s �r before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or b mailinga check,moneyorder orpostal note to.Barnstable Clerk,P.O. ox 2430, —1 ', O " `0' y 0 ,w ,,,^..' Hyannis,MA 02601,WITHIN TWENTY-ONE(21) OF THE DATE OF THIS NTICE. o• (2 If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST ••" •▪ ,- BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this C" ,,!.; citation fora hearing. • „• ,. ., • • (3)If you fail to pay the above offense or to request a hearing within 21 days,or it you fall to appear for the hearing or to pay any fine determined at the hearing 'r-1' lobe due,criminal complaint may be Issued against you. , n, 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ T Signature • I•' • '• • • • • • S'{ • • • L ' EXHIBIT I Pg - 4- PART X: STABLE REGULATION ADOPTED 4/1/72, REVISED 7/15/93 OFe•ray vase. �ArFa MAC k�� Town of Barnstable • . Board of Health • STABLE REGULATION 1. Under the authority of Massachusetts General Laws,Chapter 111, Section 155, no person . shall erect,occupy or use for a stable any building or land for the housing of horses and/or ponies in the Town of Barnstable,unless such use is authorized and licensed by the Board of Health and is in compliance with the zoning By Laws of the Town of Barnstable. 2. The license fee for each horse and/or pony shall be established by the Board of Health and said license shall be effective July 1 of each calendar year and shall expire on June 30 of the succeeding calendar year. 3. No stable may be constructed within the Town of Barnstable unless a stable license is first obtained from the Board of Health. The construction of stables shall be in conformity with the Barnstable Building Code. • 4. Stables shall conform to the following: (a) There shall be at least two(2)windows in every stable.' (b) There shall be adequate ventilation in every stable. • (c) Each stall shall be of adequate size so that any horse and/or pony shall have room to • comfortably lie down or stand up. (d) There snail be adequate drainage either natural or artificial. (e) All flooring in any stable shall be acceptable to the Board of Health. • 5. Land on which horses or ponies are pastured shall be fenced in such a manner as to prevent any damage to abutting property,trees or shrubbery. • • 6. No person, company or corporation shall erect,occupy or use a building for a livery or horse or pony stable for the keeping of horses or ponies unless such a stable or building is more than 200 feet from a church or school building and is more than fifty(50) feet from a building that is used as a dwelling or home. • • 7. Owners of stables housing horses or ponies must clean the manure from the stable at least once each day. Waste matter shall be disposed of in a sanitary manner and shall not be accumulated on the property. • 91 • • EXHIBIT - 5 Pg.- • • 8. No horse or pony shall be allowed to be pastured on any land unless said area is fifty(50)feet from a home or dwelling. 9. No person company, or corporation shall allow a horse or pony to be pastured on any land - unless said area is fifty(50)feet away from a private water supply well. A fence shall be erected to keep horses and ponies at least fifty(50)feet away from any private water supply well. 10. No person, company, or corporation shall erect, occupy or use a building, for a livery or horse or.pony stable for the keeping of horses or ponies Zmless such stable or building is more than fifty(50)feet from a private water supply well. • 11. No person shall store,dispose,or stockpile manure within 100 feet of a private water will. 12. Any owner or keeper of a horse or pony must provide stabling facilities for same. No horse or pony shall be allowed to remain out of doors at all tiros without having access to proper • shelter. . 13. Any person company, or corporation engaged in or desiring to engage in the business of slaughtering horses for the purpose of rendering them shall apply to the Board of Health for a license as required by the Massachusetts General Laws,Chapter 111,Section 154. 1.4. The Barnstable Board of Health reserves the right to make any decision of situations or problems that arise in regard to health or housing conditions that are not covered by this set of regulations. 15. Under Massachusetts General Laws, chapter 111, Section 157 anyone who violates the provisions of these regulations shall be punished by a fine of five dollars for each day such violations continue. The Barnstable Board of Health also reserves the right to suspend or revoke licenses previously issued if continued violations of these regulations occur. • • • • • Brian R.Grady,R.S.,Chairman • • Susan G.Rask,R.S. • Joseph C.Snow,M.D. • • 92 EXHIBIT- 5 Pg.- 2 • • 61 THE COMMONWEALTH OF MASSACHUSETTS Fee • Town of Barnstable $35.00 Board of Health This is to Certify that BRENDA TRI tto �� • 2051 MAIN STREET, W. BARNSTABLE,MA a- y Is Hereby Granted a License FORA STABLE c0 THIS LICENSE IS GRANTED IN CONFORMITY WITH THE STATUTES AND ORDINANCES RELATING THERETO, AND EXPIRES JUNE 30,2004 UNLESS SOONER SUSPENDED OR REVOKED. • • SUSAN G. RASK, R.S., CHAIRMAN July 1,2003 WAYNE MILLER, M.D. SUMNER KAUFMAN, M.S.P.H. • THOMAS A. MCKEAN, R.S., CHO, AGENT . • • • • . . • _ . - . • _ . ----- — • NAME OF OFFENDER c-,. .. _ . _ ..... . . . pr./341(5(i , ' . r, TOWN OF _ ADDRESS OF OFFENDER 2.0 5 i Ma vi .....)rre I' , BARNSTABL E cm,STATE,ZIP CODE t . , irOVS 1 2 -ii-fl 1-P-7 bit,i flein -) 1 e)(.45 foir_liv 4.411.1E to,s,9. 'MV/MB REGISTRATION NUMBER • OFFENSE....--• . . • • t 1..mixst ABLE. : . ( tyl.;:;a•sie ,;• -gfii .),11 .1., .. i . .. . . > • TIME AND DATE OF VIOLATION 4,..0...,.1 LOCATION OF VIOLATION Z . • NOTICE OF -;,•.). ". 0...) (A.M./(P.W.)ON /61),• / )1,20 02, -D-C• '6./ /1•1 ft at: :`,..:-...-fa....:-.. -' •i (.,:.;1:77 pi........... UJ -...I - • • .c" . SIGNATURCOt ENFORCING PERSON . - ENFORCING DEPT/. BADGE NO. I...J ... VIOLATION ' r-. i. 11,0.*:.1/771;,74---- ../bb t eek 1.PI cn CD ------ I— e OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X 0_ ORDINANCE ID Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ P`S-0, • Date mailed • w OR 11.1 YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH WITH NO RESULTING CRIMINAL RECORD. REGULATION cn (1)You may elect to pay the above tine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,leg. nolioays excepted, before:The Barnstable Clerk,236 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, —I - Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. • r (2)II you desire to contest this rr atter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST 1 BARNSTABLE DIVISION,COURT.COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this /4 citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the head; i : . lobe due,criminal complaint maybe issued against you. .. - • 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of S . HitHwl.ut. -.% , ... . • . . • _ . - • . • - , . . • • -• . • • . . . • - • ,t1 t't . , .. . • --<.•-••'' EXH1B 17 - 7 pg - i • I- 1:-.:-..g.:.,-,7-1. 7-,,,i.,..`!1--:-..7.;--,:,-i-•, -D:,,..,"':'..ii.-,3'..:---..-'1."I'er: :;-. .krvit-',i-.-L.-7- ,-;•..4-----..,•.-..,'T.,--:...--.•.,..---.•;.. ...;•,,-.---.-:..-- -'-i.r.--.-.:,-H- i:bARZEIS.-5 ..''' TOWN OF, AREUD -Et ' BARtvJTABLI COY s xf(�(t�e fi s \tea ly1��1 �� c O _ � = _ rR .L tl _ 4 r ?Fohoz�� :fir t rrf 1� >� Bey ,HIME.AM3-flAT. e VIOE'A3� , : �-- e Y af". � _Li [ ND�10E QF ', -� toe toN o orc � '- �5ra ) /�T� 7,.tea e'F e/ G.r � � ���;�p � � = �` - V.IOt,KI f:OV i .9i, s -:� £.rr�dltr '-T .PI o T Bi1D E � , '� , .DF �O�f N <,)_# Ere AbRIN,V�, € EeE at F en.ATION IE,_ __▪ i I QJipf NAME 1 TJnabtt to o6taltl stgnaureof Qttender Y_ Datemailed F THE NOmFCRrM1t AE FINE FOR-THISQ,EFEAISE 4,S ,$ l OR Y011Jilk1/E.iHEtO k'clAr 6lALtiERNA.TfEES•WIibREGARF7T(LDtSPOStT• trJ DFTHISMA7EEREITHER0P710N()0[t-DPT101 (2}W1LLOPERATEA5AEINAL ' - 37ISPOS$IOtt'KrtTFiNO RES),l..0GGRIM1Ng-li ORD FREGU-t... ON fK - t1t}You maj eledlapaq the Shove:[me etthefhy,zappeaRo}inpetsomhieheeen$30-A.FrtaodAOUFM,-Monday_througftFfl y legalf'ioilda s'exce ted- ' Q before-TfieBarnstable,-Cleri2St SDuthM1'Street;:Xyannls-KJA'02601 or..by rnathnga:eheck money order_or.postal note to Barr♦stabte"Clerk,P p los-2p930- =- i- Flyanfis b tYZ60T NAIHft fiv¢ ta'k-0NEt21kD#YS4 ;TtgDTEOFTy.$1OT(G� _a 1211E youdeslre lo->oetest lhts lrta(tee a 4-noricnrp ai proceeding yQtr,rnaytla so-b;^making written request'.fp DISTAB.T _F1tURT DEPARTINpfFr'E113s - -' ' -.BARN'NSTABt;E D1VIS(ON COURT CQMPOUNIJ MA1Fl,STREET BAT3NSTABLE MA A2630u'Atth 21D Nhocnnmial.Elesongs a(id'endose d;copyol this,I ` -citation fq�aheanng ;,. �,. _ -13)ftyou faiLtapey the above or oflense_ to regyeAla heangy withln7l days of if you fad to appeatlor fhehearing or topay`anyfine determinedat'fhe beanno to be-dne,cnmmatconiplaint maybe-tsstfedagainstyoth -u 0 I HEREO ELECT the 11rs1 option above confess,fo the offense charged,and_enclose payment in the amount of S F� • I EXHIBIT - Pg 1 - NAME OF OFFENDER _ -- - < (1� I 6Te v N OF. AUi1=ESS OF OFFENDER- 2 G•S/ /Y) ,` sly-e BARNSTABLE CITY.STATE.ZIP COO _ F � - / MV/MB GISTRAT(ON NUMBER .• . 3 I:I •�1� OFFENSE.T IIAN\rl'ANI.F.�• )/ ))^^ , /^��1 }/I I }/�� Jjf j p / (J/. /r p 1�9,, MASS. . /01AM GI- ��Tl r iisi,ble JL4-•tr.T t� Het,I fL 4��v) i Ltns S+G, L k La d_ JCpy✓IN I/`clal, PA„--1- �' (7 't'l cPve yeC�lw�iat7'ny />)�thV!hell/re ,>7at. PI/' z -. TIME D DATE OF VIOLATION - L CATION OF VIOLATIQ$ ff w NOTICE OF ;30 (A.M.I';.J.)ON 7 y .2003 05 I /vf,,s4 St w. grzrb(-11illaSIGN TU OF EN CING PERSON ENFORCING DEPT.. BADGE NO. w VIOLATION • ...v., �;11. � — —�'y�'�G � / ���+ o • OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X nu'- . ORDINANCE 1Z Unable to obtain si ature of offender. .00 r- THE NONCRIMINAL FINE FOR THIS OFFENSE IS $//i� J Date mailed IU� 13 w OR YOU HAVE THE FOLLOW] G/////ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION Q (1)You may elect to-pay the above fine,either by appearing in person between 8:30 A.M,and 4:00 P.M.,Monday through Friday,legal holidays excepted, :C before:The Barnstable Clerk.230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis• ,MA 02601.WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. ;a • (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST • • BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. • (3)If you tail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any line determined at the hearing to be due,criminal comolaint may be issued against You. - ❑ I HEREBY ELECT the first option above,confess to the offense charged.and enclose payment in the amount e-r ii T'-,, •�I,•j(r7'N, J•!H ''a Signature • . . .. eS EXHIBIT - g . Pg.- 1 NAME OF OFFENDER ��/e�e"ll))�y q • (� ;►�� ,�y^� / .S1l�•1 tie -Tr tJ A Ds,a.M,B411<Ed• e'�.- �rven B'Ah V�5••��. 1 TOWN OF' ADDRESS OF OFFENDER �� . . a D Sl yV ;'/i 5•f't _ej- • BARNSTABLE _CITY.STATE.ZIP CODE . �`p��c MV/MB R GISTHA ON.NUMBER.' - iM 0�1, • f:l d~' OFF NSE 0 b' MASS. ' :W1 Cc &L '1. � geii.� t1 MT AII:6 �441L c E110 AC jA 7718A fW b ` 4 / .. �i'A14 X {/7/1 GAS Ned cctald�(libi/yriq ►lia4V-z.iwq_sle M<,J{e� z _ - TIME ANO DATE OFFVIOWTIOM' ' .Jr°CATION OF VIOLATION W NOTICE OF 1,LIS 1 P.M.)ON l/ JO 0 03 accl Mw., Si I/Li. 6 As b1? -J SI E OF E RCINt.p�R N ENFORCING OFPT BADGE NO. LLI • VIOLATION ` iiti- RS (�•e ;;kz.:�x fot1� cn o • OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a • ORDINANCE Q Unable to obtain ignat're of offender. (��� C" I-_, a r THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ / �. Date mailed ,I/In/2 w OR YOU HAVE THE FOLLO NG AL ERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL °- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION (1)You may elect to pay the above line,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, ly • - • before:The Bamstable Clerk,230 South Street,Hyannis,MA 02601.or by mailing a check,money order or postal note to Barnstable Clerk.P.O.Box 2430, - I Hyannis,MA 02601.WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. r (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST - BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this '' citation for a hearing. rlt (3)It you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearlppE]r1p pazan finapletgxnined at the hearing . lobe due.criminal comolaint may be issued against you. Bg91�L5 UU i 0 I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of S .• Signature • . • • • • • • • • • EXHIBIT It; p E I . PAGE I OF 3 �T44E ray - Town of Bar.:nstable: 'f"� °\ Regulatory Services it spaxsras ,-/� • • Thomas F. Geller,Director `Nhips. / . i839 0i TED AiA� Public Health Division Thomas McKean,Director 200 Main Street, Hyannis,MA"02601 • Office: '5OS-S624644 Fax: 503-790-630+ July 29,2003 Mrs.Brenda Tri . 2051 Main Street West Barnstable,MA 02668 ORDER TO CEASE AND DESIST THE PLACEMENT OF NON-COMPOSTED `' MANURE ONTO THE TOP OF THE GROUND.ORDER TO CEASE AND DESIST COMPOSTING MANI'RE.AND ORDER TO REMOVE ALL FUTURE MANURE FROM THE PROPERTY ON A REGULAR BASIS On July 28, 2003,Health Inspector Donna Miorandi,R.S.and Health Agent Thomas McKean,R.S., conducted an inspection of your horse stable facilities located at 2051 3 Main Street West Barnstable, due to complaints received. Fourteen horses were observed on your property on that date. The following violations of the Town of Barnstable Board • of Health Stable Regulation,Part X,were observed: PART X(7): Piles of non-composted manure observed on top of ground scattered along . the top of a bank,slope of the bank,and at the foot of the bank which is . located at the south-west corner of the property. Evidence of soil and debris run-off from the steep embankment of manure piles onto the lower elevated land,between stone walls and onto neighboring property. PART X(7): Both compost bins containing manure were partially uncovered. Also on July 7, 2003,Health Inspectors David Stanton,R.S. and Donna Miorandi,R.S., observed dust materials rising into the air from an area where blue colored angular sand/stone dust materials were recently spread onto the top of the ground at your °', property. This dusty material was observed blowing onto neighboring properties. This was a violation of 310 CMR 7.09 and you were issued a written warning notice to cease and desist spreading sand/stone dust onto your land. During yesterday's inspection, large . piles of the same blue colored angular sand/stone dust materials were observed on you± property. :t was suggested to you that the piles should be lowered to reduce dust. You are ordered tb immediately cease and desist the disposal of any manure onto the top of the ground. Thenon-composted manure dumped onto the bank located at the south-west corner of the property shall be removed and disposed of properly. You are also ordered to immediately cease and desist the composting of any manure at your property in the future. EXHIBIT- I I Pge- PAGE2OF3 In addition,you are ordered to remove all manure from your property on a regular basis (e.g.weekly) and to dispose of the manure properly. • These orders take effect immediately upon your receipt of this notice. You are reminded that manure shall not be allowed to accumulate on the property. All owners of stables housing horses must clean the stables at least once each day and waste matter shall be disposed of in a sanitary manner on a regular.basis. • Since August 28, 1998,the Health Division Office received twenty-six(26) complaints regarding the horse stable at this property. Twenty(20) complaints were received in regards to improper disposal of manure. • Your original request for a variance to spread horse manure on the ground was not granted,as indicated in the letter to you from the Board of Health dated March 22,2001. At that time, Board did grant you permission to construct enclosed compost bins, with . covers, and to place all manure within.the compost bins. However,it is apparent that the two compost bins which you constructed are severely insufficient for the number of horses on your property and the amount of manure which is generated on a daily basis, . coupled with your failure to keep them properly covered. • According to Jessica page, WSU Cooperative Extension, Whatcom County,Washington, (at website: uw-w.whatcom.wsu.edu)two compost bins would be adequate for only one to five horses. However a total of fourteen horses were observed at your property. • Also,your compost bins were not covered on multiple occasions including during yesterday's inspection on July 28,2003,and during inspections on June 26, 2003,April 14,2003,October 15,2002,October 18,2002, and September 19,2002. On September 23, 2002, a letter was mailed to you via certified mail which read"you are reminded that the compost bins shall be kept covered all times whenever there is any manure kept within them." Also an order letter was mailed to you by certified mail on October 18,2002 regarding piles of non-composted manure observed on top of the compost bins and regarding an uncovered compost bin containing manure. Within that order letter,you were ordered to correct the violations within 24 hours. However, after •, •that date,due to recurring violations of uncovered manure within the compost bins and • • due your failure to properly dispose of manure;you were issued non-criminal ticket citations on April 14,2003 and on June 26,2003. You may request a hearing before the Board of Health if written petition requesting same • is received by the Board within ten(10)days. However,the violations shall be corrected immediately regardless of any request for a hearing. The option to appeal to the Board of Health does not over-ride the immediate public health threat imposed due to the improper disposal of manure. The manure disposal violations must be corrected immediate) by • regularly removing manure from the property(e.g.weekly). Your request for a hearing shall include a written proposal of how you intend to properly dispose of manure from fourteen(14)horses each day. • EXHIBIT- it s,- 2, PAGE 3OF3 Failure to comply with this order may result in the issuance of a S100 non-criminal ticket citation. Each day's failure to comply With an order shall constitute as a separate violation. Thomas A.McKean,RSTfO Director of Public Health • • • EXHIBIT- 11 ' '; • • BRENDA TM STABLE LICENSE SUSPENSION/REVOCATION Proposed Findings of Fact January 20,2004: 1. Brenda Tri was granted a license pursuant to section 155 of chapter 111 of the General • Laws of Massachusetts to operate a stable for one year from July 1,2003 to June 30,2004 on premises having a street address of 2051 Main Street,Barnstable,Massachusetts; a copy of which is attached. 2. All stables licensed by the Barnstable Board of Health are subject to regulations adopted by the Board for the conduct of stables, a copy of which is attached. 3. The licensed premises are shown on Town of Barnstable Assessor's Map 216 as 0 parcels 076-BOO,076-WOO and 075-002(hereinafter"the property"). A copy of Town of Barnstable Geographic Information Systems aerial photograph dated April 28,2001 • showing the property and its immediate surroundings with Assessors parcel lilies arid numbers superimposed is attached. • 4. On July 24,2003,complaints were received at the Regulatory Services Department Office from several neighbors regarding manure, odors, and fencing at the property. • 5. On July 28,2003,Town of Barnstable Health Inspector Donna Miorandi,R.S. and Public Health Division Director Thomas McKean, C.H.O.,investigated the complaints and observed a pile of non-composted manure at the southeast corner of the property further shown on photographs taken by Donna Miorandi on July 28, copies of which are attached. .. . 6. A written order to cease and desist the placement of non-composted manure onto the top of the ground,to cease and desist composting manure,and to remove all future manure from the property on a regular basis Were issued to Brenda Tri via certified mail • dated July 29 and received July 30,.2003,copies of which axe attached(hereinafter"the • order"). 7. Director of Public Health Thomas McKean received a letter dated August 6,2003 from Attorney Francis A.DiLuna bearing the letterhead of Murtha Cullina LLP stating that the firm represented Diamond's Edge Farm and petitioning for a hearing.by the Board of Health on the order. The letter further stated that manure would be removed • from the property on a weekly basis in compliance with the order. A copy of the letter is attached hereto. 8. The Board of Health scheduled a hearing on the order as requested by Attorney DiLuna to be held on September 2,2003. However,on September 2,2003,Attorney DiLuna requested that the hearing be continued to the next available meeting date, a copy of which is attqached. The Board of Health granted the continuance request,rescheduled the hearing for September 18,and extended the order up to the rescheduled hearing date. 1 • EXHIBIT- 2. 0'1:4 • • BRENDA TM STABLE LICENSE SUSPENSION/REVOCATION Proposed Findings of Fact January 20,2004: 9. On September 18,an individual who identified himself as Dr. Victor Cillis appeared before the Board at the time of the hearing and requested on behalf of the licensee that the hearing be postponed. The Board of Health granted the postponement,rescheduled the hearing for October 30,2003, and extended the order up to the rescheduled hearing.date. 10. The Town of Barnstable Public Health Division received a complaint on September 26,2003 regarding manure at the property. Health Inspector David Stanton,R.S. investigated the complaint on September 29,2003 and observed a pile of non-composted manure on the ground at the southwest corner of the property shown in the photographs taken by David Stanton on September 29, copies of which are attached. 11. On October 30, 2003,a document was received by telecopier at the Office of the Town Attorney reciting that it was transmitted by the licensee and requesting.that the hearing be postponed. The Board of Health granted the postponement,rescheduled the hearing for December 16,and extended the order up to the rescheduled hearing date. • 12. On November 5,2003,the Public Health Division received a complaint about manure odors emanating from the property. Health Inspector David Stanton,R.S., and Director of Public Health Thomas McKean, C.H.O.,investigated the complaint. During the investigation,they observed that compost bin covers were left open and overfilled with uncomposted manure,and further that additional quantities of uncomposted manure had been accumulated at the same location in the southwest corner of the property where accumulation was first observed on September 29,as shown in the photographs taken by David Stanton on November 10, copies of which are attached. 13. The accumulation of raw,uncomposted manure has continued on the property since issuance of the cease and desist order dated July 29,2003. 14. A reminder letter was mailed to the licensee regarding proper disposal of manure procedures on November 11,2003,a copy of which is attached. t 15. The property is bounded on the north by single family residences supplied by individual private water supply wells located on each residential lot, and on the south by the campus of Cape Cod Community College. The groundwater direction flow is towards the north. 16. Notice of the December 16,2003 hearing was forwarded to the licensee as follows: (a)by certified mail,return receipt requested,addressed to the licensee at the property on-November 13,2003,but was returned to the Public Health Division Offices on December 1 bearing the notation"unclaimed," copies of which are attached; - 2 . EXHIBIT- 12 P ..e. 2 • BRENDA TRI STABLE LICENSE SUSPENSION!REVOCATION Proposed Findings of Fact January 20,2004: • (b)by first class mail addressed to the licensee at the property on November 13,2003 • and not returned; (c)by delivery to the property by Thomas McKean and David Stanton and Ieft in the custody of a laborer in the absence of the licensee or a representative on November 20,2003; (d)by delivery on December 1,2,3 and 4 by Health Inspector David Stanton to the property but without deposit on the property in the absence of the licensee or a representative;and (e)by delivery by Public Health Division Director Thomas McKean to the property on December 5 at 5:30 p.m.and deposited at a side entrance door of the dwelling on the property. 0 17. At the conclusion of the hearing,the Board voted to close the hearing and hold a special meeting on January 8,2004 for the purpose of considering the adoption of findings of fact and taking action on the license. 18. The Board met on January 3,2004 and granted the licensee's request,made by her Attorney Francis A.DiLuna,to reopen the hearing closed on December 16,and afforded the licensee the opportunity to present statements and materials to the Board. 19. Part of the materials submitted to the Board by the licensee through her Attorney during the reopened hearing consisted of receipts for manure removal and photographs of the licensed premises,copies of which are attached. 20. During the reopened hearing,Health Inspector David Stanton,R.S.,presented photographs taken by him during an inspection of the licensed premises on December 17, 2003 showing the manure accumulation in the southwest corner of the licensed premises .partially submerged in water standing on the licensed premises that extended onto an adjacent portion of the campus of Cape.Cod Community College. • • • EXHIBIT- IZ Pg.-; • • PAGE 1 OF 2 RECEIVED BY: of1HE v ru nnpTo DATE: • y�PftiO# Town of Barnstable TIME: t I' Regulatory Services 1�0en �g 'i Thomas F. Geiler,Director Public Health Division ' . Thomas McKean,Directs 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 January 14,2004 Mrs. Brenda Tri _ _ Diamond Edge Farm • • 2051 Main Street West Barnstable,MA 02668 • NOTICE TO FURTHER CONSIDER STABLE LICENSE SUSPENSION OR '` REVOCATION On January 8,2004,the Board of Health, acting at your request,re-opened the hearing it had closed on December 16,2003, and at which neither you or a representative appeared, 1 for the purpose of holding a hearing to consider whether your stable license should be suspended or revoked(the original cease and desist order datetl'July 29, 2003 remaining ineffect). You were present along with your attorney and presented evidence to the • Board on the 8th. At the conclusion of the hearing,the Board voted unanimously to revoke your stable license for continuing violation of Board of Health regulations effective as of January 22, 2004. It was subsequently discovered that the meeting of the 8th had not been posted,therefore the revocation of your license is not valid. As a result, the Board must consider again whether to extend the order and take action with regard to your license. I apologize for the inconvenience this may cause to both you and the Board. The Board of Health will consider again at 7:00 p.m. on Tuesday, January 20, 2004 in the Conference Room on the second floor of Town Hall, 367 Main Street,Hyannis during its regular meeting(which has been posted)whether to extend the order and take any action with respect to your license,which could include suspension or revocation. The Board • will afford you the opportunity at that time to either repeat the evidence you presented on the 8th, or simply carry forward and incorporate the record of the 8th (minutes,audio and video tapes, documents)into the record of the 20th, or even to present additional material if you wish. The cease and desist order remains in effect. Again, I apologize for the resulting inconveniences. Any request to continue the hearings must be by a signed,written request stating the reason(s) for the request delivered and received at the Board of Health offices at 200 Main Street,Hyannis at least fifty-two (52) hours prior to the start of the hearings except in the most extreme of emergencies. I would remind you that the Board's offices are closed on Monday, January 19,2004 in observance of Martin Luther King Day as well as-Saturday and;Sunday the 17th and 18th, Triletter5 •• EXHIBIT- 13 Pg.,- i PAGE 2 OF 2 RECEIVED BY: DATE: • TIME: respectively. The Board has discretion to grant or deny a request for a continuance, and if denied or if no request is timely and properly made to conduct the hearing as scheduled and thereafter take any actions within its discretion with respect to the subject matters of the hearing if you fail to appear. Thomas A. McKean,RS, CHO • Cc: Dr.Victor Cillis Francis Diluna, Esq. • • Triletter5 EXHIBIT- i 3 Pg. 2 Anthony Alva ` Attorney at Law 3291 Main Street, P.O. Box 730 Barnstable,-MA 0263.0: - Phone (508) 362-8342, Fax (508) 362-7770 Delivered in Hand January 15, 2004 Town of Barnstable Public Health Division ATTN: Thomas McKean, Director 200 Main Street Hyannis, MA 02601 Re: Stable License, 2051 Main Street, West Barnstable, MA 02668 - a) Notice of Representation and b) Request for Continuance of Hearing Dear Mr. McKean: This office has been retained to represent Ms. Brenda Tri, in regards to her stable license at 2051 Main Street, West Barnstable, MA. Yesterday you put her on notice by delivery in hand at her home of the Board of Health's rescheduled hearing set for Tuesday, January 20, 2004, at 7 p.m. This letter is to put you on notice that tomorrow Ms. Tri is undergoing required important medical treatment off Cape that will most likely preclude her presence at next Tuesday's rescheduled Board of Health hearing. Therefore, kindly accept this letter as a request that the Board continue its rescheduled hearing for at least two weeks to give Ms. Tri an opportunity to recover and thus be present when the Board of Health next convenes to deliberate and decide the fate of her license. 1 C*SIB IT-- I = .� • As additional grounds for a continuance, this office has been notified that the members of the Board of Health have expressed an interest in a walk-through of the property. In the interim, from now to a continuance date, a mutually agreeable date might be arranged for the walk-through. Thank you for your consideration and feel free to contact this office at anytime. Sincerely,/ ! s th ny va cc: �f Zri Fr . CI a, Esq. 1 • oti roy A TRUE COPY ATTEST I - Town of Barnstable • � 3:�c y �ie , `_el. y�� Regulatory Services y, sysrasrE.l��` T. �~ MASS. a i - Thomas F. Geiler,Director o pu-nr St ER)FF ?0 1639.A�w�;. �.�► . Public Health Division Thomas McKean;Director • 200 Main Street, Hyannis,MA 02601 • Office: 508-862-4644 fax: 508-790-63 04 January 30,2004 Mrs.Brenda Tri Diamond Edge Farm 2051 Main Street • Barnstable,MA 02668 NOTICE OF REVOCATION OF STABLE LICENSE You are hereby officially notified that during the public meeting held on January 20, 2004,the Board of Health voted unanimously to revoke your stable license. The Board . voted:o place the revocation into effect fourteen(14) days after the date of that public. meeting, on February 3,2004. A copy of the Board's findings,minus exhibits,is attached for your reference. In view of the delay in transmitting this notice,the Board of Health will delay enforcement action if necessary until on or after February 17,2004. All horses shall be • safely removed from your property no later than February 17,2004.- Failure to comply with this order could result in legal action. • PER RDE d E BOARD OF HEALTH / . Way Miller,M.D. BAORD OF HEALTH TOWNOF BARiNSTA.BLE • Cc: Dr.Victor Cillis • Frank Diluna,Esq. Anthony Alva,Esq. • 1:TriRevocation • EXHIBIT— ! 5 Pg.- 1 . ., .:-. • • •• •• , r ,' • • • .,, . . . .• . ..- . • ,• ••...- . . . .. .... . •• • .'.• ... •.. ,. ' . . „. • , .. . .:., . • • •• • • „ . . . • ' . .• • • - ' • • . - • ,....-• INAMEOFOFFENOER BAR porenci a_ 1 ri • TOWN OF . - ADDRESS OF OFFENDER . •aosi ivial -.- ty-ee,-1-. . il ' BARNSTABLE CITY STATE.71P CODE i , •-.1 .. KVS 1 al Zi bit, MV/MB REGISTRATION NUMBER .•';CP-----9.!Ti.`::, •, OFFENSE,......,.., . ...$4 ra i lure -16 pr Trnii ( over- c tz a s pose ;F_ 0 ,639......." . ..-,•,,,,,, . f,e1.72_ , /v.., 5......_6 < : R EC,L(c.ii--7/00 • -1 L1.1 > . , TIME AND DATE OF VIOLATION - LOCATION OF VIOLATION NOTICE OF —31 00 (AM. Ar .M.. P. .)ON .-17 /"i.20C2: --a0=31 mictuv sril -r Le, < ORCING PERSON, ENFTING DEPT/, BADGE NO. VIOLATION tvlo_KE.4 11( ro 1_,./,c, 14 e el 1 to) cr) a 1— - -- OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X • EL' ORDINANCE 0 Unable to obtain'signature of offender: THE NONCRIMINAL FINE FOR THIS OFFENSE IS I S SO "1/1 I _1;Lr • . Date mailed e L.11_, u..) • .OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(11 OR OPTION(2)WILL OPERATE AS A FINAL °- . . • DISPOSITION WITH NO RESULTING CRIMINAL RECORD. REGULATION C0 (1)You may elect to pay the above fine,ei:her by appearing in person between 8:30 A.M.and 4:00 P.M..Monday through Friday,legal holidays excepted, belore:The Barnstable Clerk,230 South Street,Hyannis,MA 02601.or by mailing a check.money order or postal note lo Barnstable Clerk,P.O.Box 2430. --I o_ Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)II you desire to contest this matter in a noncriminal proceeding,you may do so by making writlen request to DISTRICT COURT DEPARTMENT.FIRST BARNSTABLE DIVISION.COURT COMPOUND,MAIN STREET.BARNSTABLE.MA 02630.Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)II you lail to pay the above offense or lo request a hearing within 21 days,or if you fail to appear for the hearing or to pay any line determined al the hearing . to be due,criminal complaint may be issued against you. 14/44-1-2-2717 0 I HEREBY ELECT the first option above.confess to the offense charged,and enclose payment in the amount at S Signature ..4 • . .. , I. . . . - - - . • ,.• . ,, .... ., „ - , . . ... • . . . . • •••.t • . . • • • . .• . • • . , • • . : . ' -• . • . . . . . . . . . ,• • • ...,. . . . • I . • EX,1-1113 11 - Pg.- DOCKET NO. CRIMINAL COMPLAINT 0325 CR 0023;31'a. Trial Court-of'Massachusetts ° District-C"butt Department DEFENDANT NAME COURT NAME&ADDRESS BRENDA TRI BARNSTABLE DISTRICT COURT DATE OF COMPLAINT 'DATE OF OFFENSE NO.OF COUNTS - ROUTE 6A, P.0. BOX 427 7/22/03 4/14/03 1 BARNSTABLE MA 02630-0427 OFFENSE LOCATION POLICE DEPT.OF OFFENSE (508) 375-6600 BARNSTABLE BARNSTABLE POLICE DEPT. POLICE INCIDENT NO. ARREST DATE WARRANT ON COMPLAINT DATE ARRAIGNMENT SCHEDULED FOR 8/22/03 The undersigned complainant,on behalf of the Commonwealth, on oath complains that on the date(s) indicated the defendant committed the offense(s) listed below and on any attached pages. . 1. 999999 MISCELLANEOUS STATUTORY VIOLATION on APRIL 14, 2003 did FAIL TO PROPERLY COVER OR DISPOSE OF MANURE, in violation of NUISANCE CONTROL REGULATION #1, § PART X: STABLE REGULATION. • SIGNATURE OF COMP ANT SWORN TO BEFORE ME • DET CTIVE R HARD S. MORSE ( CLERK-MAGISTRATE/ASST.CLERK/DEPUTY ASST.CLERK ZCI 722/03 3:14 PM EXHIBIT- \ 7 : ) - . Commonwealth of Massachusetts Off c?al'Use,only gi— =0 Department of Fire Services Permit No: Z/f/7Y.....3� BOARD OF FIRE PREVENTION REGULATIONS Occupancy and Fee Checked \w* ''11.i; [Rev. 111991 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK Al work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: City or Town of: Barnstable To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. 74 Location(Street&Number) „,C SI el,-„ Sr Map ‘,74 Parcel G pdec6 6 • Owner or Tenant i ,' C,'// $ Telephone No.5o p--36,2-/Sdf..2_ Owner's Address ,06.s / yl'Jb S?" it .,2 „j 144 4L /I/19. 62.b , Is this permit in conjunction with a building permit? Yes ❑ No I31 (Check Appropriate Box) Purpose of Building Utility Authorization No. j Existing Service �l Amps ' / //o Volts Overhead Undgrd® No.of Meters JGe-,S,Zr,/t New Service Amps / Volts Overhead❑ Undgrd 0 No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: L t f,(f -{-c 6,0 7.4 Ao dz....f �,..,d,�,, ,^art' ..etc ,.n....it a -e i+.:.- 1e," 5-1. LA % r.'41%n e # t C 4.,-;,--? i /t 5'a /C.-t'J%c4 f/6,?e� (Completion of the fallowing table maybe waived/by the Inspector of Wires. o.of Total No.of Recessed Fixtures No.of CeiL-Susp.(Paddle)Fans Transformers KVA No.of Lighting Outlets I No.of Hot Tubs ,Generators KVA Above In- (No.of Emergency Lighting i No.of Lighting Fixtures 4 Swimming Pool gt'nd. ❑ brad. ``IBatter�Units No.of Receptacle Outlets ) No.of Oil Burners 1 FIRE ALARMS No.of Zones 11 No.of Detection and No.of Switches I No.of Gas Burners Initiating Devices No.of Air Coact. Total No.of Alerting Devices No.of Ranges No. Heat Pump Number I Tons__ 1 KW No.'of Self-Contained No.of Waste Disposers Totals: i f " Detection/Alerting Devices M No.of Dishwashers Space/Area Heating KW Local 0 Counicipalnnection ❑ Other Heating Appliances KW Security vstems: No.of Dryers No.of bevices or Equivalent , No.of Water 'No.of No.of Data Wiring: Heaters KW Signs Ballasts No.of Devices or Equivalent Telecommunications Wiring: No.Hydromassage Bathtubs No.of Motors Total HP No.of Devices or Equivalent - OTHER: ,i Attach additional detail if desired,or as required by the Inspector of Wires. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE 0 BOND 0 OTHER ❑ (Specify;) /t/ Act (Expiration Date)Estimated Value of Electrical Work: 6 CJ 0 `- (When required by municipal policy.): Work to Start: (0-..2.5-•a? Inspections to be requested in accordance with MEC Rule 10,and upon completion. I certify,under the pains and penalties of perjuty,that the information on this application is true and cotnplete.. FIRM NAME: ---- --b.:"....,,,...-4, r n• LTC.NO.: Licensee: Signature 7` f.-z,,c_• /fir•' LIC.NO.: (if applicable.enter'exempt"in the license number line.) Bus.Tel.No.: Sew Yoe-e••: - Address: _ Alt.Tel.No.: OWNER'S INSURANCE Vv 4JVER: I am aware:hat the Licensee-does not have the:liability insurance coverage normally required by law. By my signature below;I hereby waive this requirement. I am the(check one),®'ow•ner, ❑owner's agent. Owner/Agent-- ' ---r-- .. • ,,,..., ,. . . ,-. c•.... ..... , I pF.R,VIIT FF.F.r ,T FX°HIBIT- 1 Bg, , • APPLICATIOWNO O325f. AC 0 a6147- Tnal Court of Massachusetts 1°4ra District Court.Departrhent The cemplainant named below requests that NEXT SCHEDULED EVENT CODE AND DATE COURT NAME ' a ctmplaint issue-against the defendant for - - the offense(s)listed below. CH 2/05/2004 BARNSTABLE DISTRICT COURT NO.COUNTS POLICE DEPT POLICE INCIDENT NO. OFFENSE DATE OFFENSE LOCATION ARREST DATE CITATION NO. 9 BAR 99/99/99 BAR BAR67661 DEFENDANT IDENTIFICATION. . LAST NAME FIRST NAME MIDDLE NAME CILLIS BRENDA ALIAS NAME(LAST,FIRST,MI) STREET ADDRESS 2051 MAIN STREET CITY STATE ZIP HOME PHONE W BARNSTABLE MA 02668 CITY OF BIRTH STATE OF BIRTH SID NO. PCF NO. LICENSE STATE .7 MARITAL STATUS SEX ETHNICITY HEIGHT WEIGHT COMPLEXION 'HAIR EYES P•5''f:'agV,k"*.5Ria'NV4r!If5R:AS:*VNI'gi?.MaiVRA::WOFEENsEiNFORKATtOkeAgRagtWaKatVRM-ZgnngtEPM CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 1 999999 MISCELLANEOUS STATUTORY VIOLATION NOVEMBER 10, 2003 LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 2 999999 MISCELLANEOUS STATUTORY VIOLATION NOVEMBER 12, 2003 LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 3 999999 MISCELLANEOUS STATUTORY VIOLATION NOVEMBER 13 , 2003 . LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 4 999999 MISCELLANEOUS STATUTORY VIOLATION NOVEMBER 14, 2003 , - LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC 6 OLD KINGS HIGHWAY REGIONAL HISTORIC JAIL? IF NOT IN CUSTODY,BAILED TO COMPLAINANT FIRST CODEFENDANT NAME,IF ANY N DETECTIVE RICHARD S. MORSE FIRST FOUR WITNESS NAME(S) NAME(S)OF EMPLOYER(S)OF DEFENDANT FROM TO MOTHER'S MAIDEN NAME(LAST,FIRST,MI) FATHER'S NAME(LAST,FIRST,MI) EMPLOYER PHONE DEFENDANT WORK PHONE OCCUPATION. REMARKS AC 2/04/04 1:35 PM' - , - . - - EXHIBIT- Lg. Pg.-. ARPEIZA- 'G LAI (APPLICATION NO DEFENDANT LAST NAME Q3�2.5 AC;: 006147 CILLIS CHAP/SEC/CUB, DESCRIPTION - OFFENSE DATE 5 9.99.999 N11S.CEL;LA TEO.US' STATUTORY VIOLATION NOVEMBER 17, 2003 LIGHTS POLES': ERECTED`' WT.T.-HO:UT` OLD` KINGS: HIGHWAY APPROVAL CHAP 470- SEC- 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 6 999999 MISCELLANEOUS. STATUTORY VIOLATION NOVEMBER 18, 2003 • LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 7 999999 MISCELLANEOUS STATUTORY VIOLATION NOVEMBER 19, 2003 LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 8 999999 MISCELLANEOUS STATUTORY VIOLATION NOVEMBER 20, 2003 LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 9 999999 MISCELLANEOUS STATUTORY VIOLATION NOVEMBER 21, 2003 rt LIGHT POLES ERECTED WITHOUT OLD KINGS HIGHWAY APPROVAL CHAP 470 SEC . 6 OLD KINGS HIGHWAY REGIONAL HISTORIC CHAP/SEC/SUB DESCRIPTION OFFENSE DATE CHAP/SEC/SUB DESCRIPTION OFFENSE DATE It CHAP/SEC/SUB DESCRIPTION OFFENSE DATE CHAP/SEC/SUB DESCRIPTION OFFENSE DATE 1,1 CHAP/SEC/SUB • DESCRIPTION OFFENSE DATE CHAP/SEC/SUB DESCRIPTION OFFENSE DATE • CHAP/SEC/SUB DESCRIPTION OFFENSE DATE AC2 2104/04 1:35PM EXHIBIT- ,R Pg.-2 oiTHE Town of Barnstable ' 's�� Regulatoryr i Services ces anxxjTABLy Thomas F.Geiler,Director Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 17,2003 Jeffrey Lauzon Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 2051 Main St,West Barnstable To Whom It May Concern: The following shall represent an overview of the events and circumstances resulting in the fines assessed to Victor and Brenda Cillis,2051 Main St,West Barnstable. 11-7-2001 Complaint received from concerned neighbor that light poles were being erected 11-21-2001 Letter written advising Victor and Brends Cillis of zoning violations concerning light poles 06-17-2003 Letter written again advising Victor and Brenda Cillis to obtain the proper permit for the light poles or dismantle them immediately 06-27-03 Wiring permit obtained for an unapproved gazebo 07-16-03 Memo written describing a meeting had between Victor and Brenda Cillis and David Mattos and Jason Silva.Memo explains how the Cillis's were civil and agreed to remove the light poles 07-29-03 Letter written giving Victor and Brenda Cillis until August 8,2003 to resolve violations or be subject to daily fines in the amount of$100.00 for each day of non-compliance 9-22-03 Daily inspections of site begin.Light poles are still up 10-17-03 As of this date the light poles have remained and additionally a gazebo has been constructed also without approval ‘.c4:2: '414. TOWN OF BARNSTABLE • SARNSTAeLZ. • OFFICE OF TOWN ATTORNEY NthMA99. t6,9. 367 MAIN STREET rEo HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.(508)862-4620 RUTH J.WEIL, 1st Assistant Town Attorney FAX#(508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney March 5, 2004 CLAIRE R.GRIFFEN, Legal Assistant CLAUDETTE BOOKBINDER, Legal Clerk Scott W. Nickerson, Esq., Clerk Barnstable Superior Court, Civil County Court Complex, Main Street P.O. Box 425 Barnstable, MA 02630 Re: C.A. No. BACV 2004-0084 Tri, et al v. Miller et al, Town of Barnstable Board of Health and Perry, Building Commissioner Our File Ref: #2003-0213 Dear Mr. Nickerson: Enclosed please find the Defendants-Plaintiffs-in-Counterclaim's Answer to Plaintiffs' Verified Complaint in the above matter together with Certificate of Service which we would appreciate your filing with the Court. Thank you. Very truly yours, 77. Cxti:(.:() TDH:cg T. David.Houghton, Assistant Town Attorney Encs. Town of Barnstable cc: Anthony Alva, Esq. cc: Thomas McKean, Director, Barnstable Board of Health `.cc: Thomas Perry, Building Commissioner, Town of Barnstable [2003-0213\nickltr2] COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT C.A. No. BACV 2004-00084-A BRENDA M. TRI, d/b/a ANSWER TO PLAINTIFFS' DIAMOND EDGE FARM, VERIFIED COMPLAINT VICTOR CILLIS, [and] WITH COUNTERCLAIM. LEIGH-ANNE SOUZA, Plaintiffs, v. BOARD OF HEALTH of the TOWN OF ) ) BARNSTABLE, as constituted by its ) Members, WAYNE MILLER, Chairman, SUMNER KAUFFMAN, SUSAN G. RASK, ) [and] BUILDING COMMISSION, TOWN ) OF BARNSTABLE, THOMAS PERRY, ) Defendants. ) BOARD OF HEALTH of the TOWN OF ) ) BARNSTABLE, as constituted by its ) Members, WAYNE MILLER, Chairman, SUMNER KAUFFMAN, SUSAN G. RASK, ) [and] BUILDING COMMISSION, TOWN ) OF BARNSTABLE, THOMAS PERRY, ) and ) John C. Klimm, as he is the Town ) Manager of the Town of Barnstable, ) Plaintiffs-in-Counterclaim, ) ) v. ) BRENDA M. TRI, d/b/a DIAMOND EDGE ) FARM, Defendant-in-Counterclaim. ) ) As to STATEMENT OF CASE: 1) The introductory paragraphs of Plaintiffs' Complaint are unnumbered and will be referred to as the "first", "second", "third", "fourth", "fifth" and "sixth" introductory [2003-0213\answertrij 1 paragraph under "Statement of Case" of the Plaintiffs' Complaint in Defendants' Answer to said complaint as follows: As to the "first" paragraph: ADMIT the averments set forth in the "first" introductory paragraph under Statement of the Case of Plaintiffs' Complaint. As to the "second" paragraph: Neither admit nor deny the averments set forth in the "second" introductory paragraph under Statement of the Case of Plaintiffs' Complaint by reason that said Defendants have insufficient information to form a belief as to their truth or falsity. As to the "third" paragraph: - The averments contained in the "third" introductory paragraph under Statement of the Case of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. As to the "fourth" paragraph: The averments contained in the "fourth" introductory paragraph under Statement of the Case.of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer, is necessary. As to the "fifth" paragraph: DENY the averments contained in the "fifth" introductory paragraph under Statement of the Case of Plaintiffs' Complaint. As to the "sixth" paragraph: [2003-0213\answertr] 2 The averments contained in the "sixth" introductory paragraph under Statement of the Case of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. - In further answering, DENY all averments contained in,the unnumbered averments under Statement of the Case of Plaintiffs' Complaint not hereinbefore admitted. As to THE PARTIES: 2) Neither admit nor deny the averments set forth in paragraph "1" of Plaintiffs' Complaint by reason that said Defendants have insufficient information to form a belief as to its truth or falsity. 3) Neither admit nor deny the averments set forth in paragraph "2" of Plaintiffs' Complaint by reason that said Defendants have insufficient information to form a belief as to its truth or falsity. 4) Neither admit nor deny the averments set forth in paragraph "3" of Plaintiffs' Complaint by reason that said Defendants have insufficient information to form a belief as to its truth=or falsity. 5) ADMIT the averments set forth in paragraph "4" of Plaintiffs' Complaint. 6) ADMIT the averments set forth in paragraph "5" of Plaintiffs' Complaint. As to FACTS (Complaint Against the Board of Health): 7) Neither admit nor deny the averments as set forth in paragraph "6" of Plaintiffs' Complaint but state that copy of the license annexed to Plaintiffs' Complaint as Exhibit "1" speaks for itself and specifically DENY each and every allegation not specifically admitted herein. (2003-0213\answertri] 3 8) Neither admit nor deny the averments set forth in paragraph "7" of Plaintiffs' Complaint but state that the document referred to therein as "Exhibit 1" speaks for itself, and specifically DENY each and every allegation not specifically admitted herein. 9) Neither admit nor deny the averments set forth in paragraph "8" of Plaintiffs' Complaint by reason that said Defendants have insufficient information to form a belief as to the truth of the averments therein. 10) Neither admit nor deny the averments set forth in paragraph "9" of Plaintiffs' Complaint but state that the documents referred to therein as "Exhibit 2" and "Exhibit 3" speaklor themselves, and specifically DENY each and every allegation not specifically admitted herein. 11) ADMIT the averments set forth in paragraph "10" of Plaintiffs' Complaint; and further answering, state that the document referred to therein as "Exhibit 4" speaks for itself. 12) Neither admit nor deny the averments set forth in paragraph "11" of Plaintiffs' Complaint but state that the document referred to therein as "Exhibit 4" speaks for itself, and specifically-DENY each and every allegation not specifically admitted herein. 13) Neither admit nor deny the averments set forth in paragraph "12" of Plaintiffs' Complaint but state that the document referred to therein as "Exhibit 5" speaks for itself. [2003-0213\answertri] 4 14) ADMIT the averments set forth in paragraph "13" of Plaintiffs' Complaint; and further answering, state that the document referred to therein as "Exhibit 6" speaks for itself. 15) ADMIT the general averments contained in paragraph numbered "14" of Plaintiffs' Complaint; but in further answering each of the sub-paragraphs marked "(a)", "(b)", "(c)" and "(d)" state as follows: (a) ADMIT the averments set forth in sub-paragraph (a) of paragraph "14" of Plaintiffs' Complaint; and further answering, state that the document referred to therein as "Exhibit 7" speaks for itself. (b) ... ADMIT the averments set forth in sub-paragraph (b) of paragraph "14" of Plaintiffs' Complaint; and further answering, state that the document referred to therein as "Exhibit 8" speaks for itself. (c) ADMIT the averments set forth in sub-paragraph (c) of paragraph "14" of Plaintiffs' Complaint; and further answering, state that the document referred to therein as "Exhibit 9" speaks for itself. (d) ADMIT the avermentsset forth in sub-paragraph (d) of paragraph "14" of Plaintiffs' Complaint; and further answering, state that the document referred to therein as "Exhibit 10" speaks for itself. 16) ADMIT the averments set froth in paragraph "15" of Plaintiffs' Complaint and in further answering, state that the document referred to therein as "Exhibit 11" speaks for itself. 17) ADMIT the averments set forth in paragraph "16" of Plaintiffs' Complaint. 18) ADMIT the averments set forth in paragraph "17" of Plaintiffs' Complaint. (2003-0213\answertri] 5 19) ADMIT the averments as set forth in paragraph "18" of Plaintiffs' Complaint. 20) ADMIT the averments as set forth in paragraph "19" of Plaintiffs' Complaint. 21) Neither admit nor deny the averments set forth in paragraph in paragraph "20" of Plaintiffs' Complaint by reason that Defendants have insufficient information to form a belief as to the truth of the averments therein. 22) Neither admit nor deny the averments set forth in paragraph "21" of Plaintiffs' Complaint by reason that Defendants have insufficient information to form a belief as to the truth of the averments therein. 23) ADMIT only so much of the averments set forth in paragraph "22" of Plaintiffs' Complaint wherein Plaintiff alleges that the board members refused to continue the hearing, but specifically DENY the remaining averments therein contained. 24) Neither admit nor deny the averments set forth in paragraph "23" of Plaintiffs' Complaint, but state that the document referred to therein as "Exhibit 15" - speaks for itself, and specifically DENY the remaining averments therein. 25) DENY all other averments contained in the general numbered averments of Plaintiffs' Complaint not hereinbefore specifically admitted. AS TO COUNT I (Stay of Enforcement and/or Preliminary Injunction) 26) Defendants repeat and reallege those answers to the averments as set forth in paragraphs "1" through "23" of Plaintiffs' Complaint, as realleged in paragraph "24" of COUNT I of Plaintiffs' Complaint in the same manner as though fully set forth herein. [2003.0213\answertril 6 27) Neither admit nor deny the averments set forth in paragraph "25" of Plaintiffs' Complaint by reason that said Defendant has insufficient information to form a belief as to the truth of the averments therein. 28) Neither admit nor deny the averments the averments set forth in paragraph "26" of Plaintiffs' Complaint by reason that said Defendant has insufficient information to form a belief as to the truth of the averments therein. 29) DENY the averments set forth in paragraph "27" of Plaintiffs' Complaint. 30) DENY the averments set forth in paragraph "28" of Plaintiffs' Complaint. 31) DENY the averments set forth in paragraph "29" of Plaintiffs' Complaint. 32) DENY the averments set forth in paragraph "30" of Plaintiffs' Complaint. 33) DENY each and every other averment in said COUNT I of Plaintiffs' Complaint not hereinbefore specifically admitted. COUNT II (Violation of Open Meeting Law, Stay of Enforcement, and/or Preliminary Injunction (G.L. c. 39, §23B) 34) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "30" of Plaintiffs' Complaint, as realleged in paragraph "31" of COUNT II of Plaintiffs' Complaint, in the same manner as though fully set forth herein. 35) ADMIT the averments as set forth in paragraph "32" of Plaintiffs' Complaint and in further answering, state that the documents referred to therein as "Exhibit 13" and "Exhibit 14" speak for themselves. 36) Neither admits nor denies the averments set forth in paragraph "33" of Plaintiffs' Complaint by reason that said Defendants have insufficient information to form a belief as to the truth of the averments contained therein. [2003-0213\answertri] 7 37) ADMIT the averments as set forth in paragraph "34" of Plaintiffs' Complaint, except that Defendants are without sufficient information to form a belief as to the truth of the averment that Plaintiff Brenda M. Tri was in the process of recovering from illness or injury at the time of the January 20, 2004 hearing. 38) ADMIT the averments as set forth in paragraph "35" of Plaintiffs' Complaint. 39) DENY the averments as set forth in paragraph "36" of Plaintiffs' Complaint. 40) DENY each and every other averment in said COUNT II of Plaintiffs' Complaint not hereinbefore admitted. COUNT III 41) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "36" of Plaintiffs' Complaint, as realleged in paragraph "37" of COUNT III of Plaintiffs' Complaint, in the same manner as though fully set forth herein. 42) The averments contained in paragraph "38" of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answeris necessary; and further answering, Defendants state that the fines for violations of the'stable regulation have been amended and increased to one hundred dollars pursuant to section 2 of Chapter IV of the General Ordinances of the Town of Barnstable. 43) The averments contained in paragraph "39" of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary and further answering, Defendants state that the fines for violations of the stable regulation have been [2003-0213\answertril 8 amended and increased to one hundred dollars pursuant to section 2 of Chapter IV of the General Ordinances of the Town of Barnstable. 44) DENY each and every other averment in said COUNT III contained in Plaintiffs' Complaint not hereinbefore admitted. COUNT IV 45) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "39" of Plaintiffs' Complaint, as realleged in paragraph "40" of COUNT IV of Plaintiffs' Complaint, in the same manner as though fully set forth herein. 46) The averments contained in paragraph "41" of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. 47) The averments contained in paragraph "41" of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. COUNT V 48) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "41" of Plaintiffs' Complaint, as realleged in paragraph "42" of COUNT V of Plaintiffs' Complaint, in the same manner as though fully set-forth herein. 49) ADMIT only so much of the averments contained in paragraph "43" of COUNT V of Plaintiffs' Complaint wherein it is alleged "On or about April 14, 2003, the Board of Health by its authorized agent issued a Notice of Violation" and in further answering, state that the document referred to therein as "Exhibit 16" speaks for itself. 50) ADMIT the averments contained in paragraph "44" of COUNT V of Plaintiffs' Complaint. [2003-0213\answertri] 9 51) ADMIT the averments contained in paragraph "45" of COUNT V of Plaintiffs' Complaint. 52) ADMIT the averments contained in paragraph "46" of COUNT V of Plaintiffs' Complaint. 53) ADMIT the averments contained in paragraph "47" of COUNT V of Plaintiffs' Complaint. 54) DENY the averments contained in paragraph "48" of COUNT V of Plaintiffs' Complaint. 55) The averments contained in paragraph "49" of COUNT V of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. 56) DENY each and every other averment contained in said COUNT IV of Plaintiffs' Complaint not hereinbefore admitted. COUNT VI 57) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "49" of Plaintiffs' Complaint, as realleged in paragraph "50" of COUNT VI of Plaintiffs' Complaint, in'the same manner as though fully set forth herein. 58) The averments contained in paragraph "51" of COUNT VI of Plaintiffs' Complaint call for a,conclusion of law and, therefore, no answer is necessary. 59) The averments contained in paragraph "52" of COUNT VI of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. 60) The averments contained in paragraph "53" of COUNT VI of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. [2003-0213\answertri] 10 61) The averments contained in paragraph "54" of COUNT VI of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. 62) DENY each and every averment not specifically admitted herein. COUNT VII (The Building Department) 63) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "54" of Plaintiffs' Complaint, as realleged in paragraph "55" of COUNT VII of Plaintiffs' Complaint, in the same manner as though fully set forth herein. 64) Neither admit nor deny the averments as set forth in paragraph "56" of Plaintiffs' Complaint, but state that the document annexed to Plaintiffs' Complaint and marked Exhibit "18" speaks for itself. 65) ADMIT the averments contained in paragraph "57" of COUNT VII of Plaintiffs' Complaint. 66) ADMIT the averments contained in paragraph "58" of COUNT VII of Plaintiffs' Complaint. 67) ADMIT the averments as set forth in paragraph "59" of COUNT VII of Plaintiffs' Complaint, and in further answering, state that the document referred to therein as "Exhibit 18" speaks for itself.. 68) ADMIT the averments as set forth in paragraph "60" of COUNT VII of Plaintiffs' Complaint. 69) ADMIT the averments as set forth in paragraph "61" of COUNT VII of Plaintiffs' Complaint. 70) ADMIT the averments contained in paragraph "62" of COUNT VII of Plaintiffs' Complaint. [2003-0213\answertr] 11 71) DENY the averments contained in paragraph "63" of COUNT VII of Plaintiffs' Complaint. 72) The averments contained in paragraph "64" of COUNT VII of Plaintiffs' Complaint call for a conclusion of law and, therefore, no answer is necessary. 73) DENY each and every averment not specifically admitted in COUNT VII of Plaintiffs' Complaint herein. COUNT VIII 74) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "64" of Plaintiffs' Complaint, as realleged in paragraph "65" of COUNT VIII of Plaintiffs' Complaint, in the same manner as though fully set forth herein. 75) DENY the averments contained in paragraph "66" of COUNT VIII of Plaintiffs' Complaint; and further answering, state that the Old King's Highway Regional Historic District was established by the Acts set forth in paragraph "66" of Plaintiffs' Complaint. 76) The averments contained in paragraph "67" of COUNT VIII of Plaintiffs' -Complaint call for conclusions of law and, therefore, no answer is necessary. 77) The averments contained in paragraph "68" of COUNT VIII of Plaintiffs' Complaint call for conclusions of law and, therefore, no answer is necessary. 78) The averments contained in paragraph "69" of COUNT VIII of Plaintiffs' Complaint call for conclusions of law and, therefore, no answer is necessary. 79) Neither admits nor denies the averments set forth in paragraph "70" of COUNT VIII of Plaintiffs' Complaint by reason that said Defendant has insufficient information to form a belief as to the truth of the averments therein. [2003-0213\answertrij 12 • 80) ADMIT the averments contained in paragraph "71" of COUNT VIII of Plaintiffs' Complaint, and furthering answering state that work undertaken pursuant to the electrical permit issued to Plaintiff Brenda M. Tri is not within the jurisdiction of the Old King's Highway Regional Historic District Act. 81) ADMIT the averments contained in paragraph "72" of COUNT VIII of Plaintiffs' Complaint, and further answering state that copy of the application annexed to Plaintiffs' Complaint and marked Exhibit "18" did not contain any statement that any lighting fixtures would be placed on anything other than existing structures. 82) DENY each and every averment not specifically admitted in COUNT VIII of Plaintiffs' Complaint herein. COUNT IX 83) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "72" of Plaintiffs' Complaint, as realleged in paragraph "73" of COUNT IX of Plaintiffs' Complaint, in the same manner as though fully set forth herein. 84) The averments contained in paragraph "74" of COUNT IX of Plaintiffs' Complaint call for conclusions of law and, therefore, no answer is-necessary. 85) DENY each and every averment not specifically admitted in COUNT IX of Plaintiffs' Complaint herein. COUNT X 86) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "74" of Plaintiffs' Complaint, as realleged in paragraph "75" of COUNT X of Plaintiffs' Complaint, in the same manner as though fully set forth herein. [2003-0213\answertri] 13 87) The averments contained in paragraph "76" of COUNT X of Plaintiffs' Complaint call for conclusions of law and, therefore, no answer is necessary. 88) ADMIT the averments contained in paragraph "77" of COUNT X of Plaintiffs' Complaint. 89) DENY each and every averment not specifically admitted in COUNT X of Plaintiffs' Complaint herein. COUNT XI 90) Defendants repeat and reallege those answers to the averments set forth in paragraphs "1" through "77" of all counts in Plaintiffs' Complaint, as realleged in the unnumbered paragraph of COUNT XI of Plaintiffs' Complaint, in the same manner as though fully set forth herein; and in further answering, state that no subsequent paragraphs are contained in Count XI of Plaintiffs' Complaint to explain Plaintiffs' realleging all prior paragraphs as an alternative to "COUNT VII" of its Complaint, nor are any other averments made to support the additional count numbered "COUNT Xl" to Plaintiffs' Complaint. 91) DENY each and every other averment contained in the general averments and all counts of Plaintiffs' Complaint herein contained, not hereinbefore'specifically admitted herein. FIRST AFFIRMATIVE DEFENSE: The Plaintiffs are barred from recovery under their Complaint because said Plaintiffs did not commence this action within the time specified under the applicable statutory limitations and, therefore, Plaintiffs' Complaint should be dismissed. [2003-0213\answertri] 14 SECOND AFFIRMATIVE DEFENSE: The Plaintiffs' claims fail to state a claim upon which relief can be granted, and, therefore, Plaintiffs' Complaint should be dismissed. THIRD AFFIRMATIVE DEFENSE: This Court lacks jurisdiction over the subject matter of Plaintiffs' Complaint. WHEREFORE, the Defendants respectfully pray for judgment against the Plaintiffs as follows: (1) That a decree be entered dismissing Plaintiffs' Complaint herein on all counts in all respects; (2) That judgment be entered in Defendants' favor under all counts of. Plaintiffs' Complaint; (3) That Defendants be granted their costs, disbursements, and attorneys' fees in the defense of this action; and, (4) That Defendants be granted such other and further relief as to this Court it deems just and appropriate. COUNTERCLAIM 1) Plaintiffs-in-Counterclaim, Wayne Miller, M.D., Susan G. Rask, R.S. and Sumner Kaufman, M.S.P.H., as they are the members of the Town of Barnstable Board of Health, are the officers responsible for enforcing the General Laws of the Commonwealth and the Town of Barnstable health regulations as they relate to the operation of stables. [2003-0213\answertri] 15 2) Plaintiff-in-Counterclaim, John C. Klimm, as he is the Town Manager of the Town of Barnstable, is the chief executive officer of the said town under its charter and is generally charged with the enforcement of all laws within the Town of Barnstable. 3) Plaintiff-in-Counterclaim, Town of Barnstable, is a municipal corporation with a principal office at New Town Hall, 367 Main Street, Hyannis, Barnstable County, Massachusetts, 02601-3907. 4) Defendant-in-Counterclaim, Brenda M. Tri, is an individual operating a stable under the firm name and style of Diamond's Edge Farm, having a usual place of business at 2051 Main Street, Barnstable, Barnstable County, Massachusetts, 02630. 5) Pursuant to G.L. c. 111, §155, the Board of Health of a city or town having a population greater than five thousand inhabitants, is authorized to adopt such regulations or orders as in its judgment the public health requires for the number of animals and storage and handling of manure in a stable. 6) Pursuant to G.L. c. 111, §155, no person shall erect, occupy or use for a stable any building in a city, or in a town having a population greater than five thousand inhabitants, unless such use is licensed by the board of health. { 7) The Town of Barnstable is organized under a city form of government pursuant to a charter adopted in April, 1989 pursuant to Mass. Const. Amend. Art. 89 § 3. 8) A true copy of Part X, Stable Regulation, adopted by the Town of Barnstable Board of Health pursuant to G.L. c. 111, §155, is attached hereto as Exhibit "A" and made a part hereof. [2003-02131answertrij 16 9) Section 7 of the stable regulation prohibits the accumulation of waste matter on premises operated or used as a stable. 10) On or about June 26, 2003, Defendant-in-Counterclaim, Brenda M. Tri, was granted stable license number 61 pursuant to G.L. c. 111, §155 for the conduct of a stable for up to fourteen (14) horses "in conformity with the statutes and ordinances relating thereto" on the premises having a street address of 2051 Main Street, Barnstable, Barnstable County, Massachusetts (hereinafter "the property") for a period of one year from July 1, 2003 to June 30, 2004. A true copy of the license is attached hereto as Exhibit "B" and made a part hereof. 11) The property is shown on Town of Barnstable Assessor's Map 216 as parcels 076-BOO, 076-WOO and 075-002 (hereinafter "the property"). A copy of Town of Barnstable Geographic Information Systems aerial photograph dated April 28, 2001 showing the property and its immediate surroundings with Assessors parcel lines and numbers superimposed is attached as Exhibit "C" and made a part hereof. 12) The property is bounded on the north by single-family residences supplied by individual private water supply wells located on each residential lot, and on the south by the campus of Cape Cod Community College. The groundwater direction flow is towards the north. 13) The stable license granted to Defendant-in-Counterclaim Brenda M. Tri was one of sixty-three stable licenses granted by Plaintiffs-in-Counterclaim Board of Health members for the same period and was for the third highest number of horses. [2003-02131answertri] 17 14) On July 24, 2003, complaints were received at the Town of Barnstable Regulatory Services Department office from several neighbors regarding manure, odors, and fencing at the property. 15) On July 28, 2003, Town of Barnstable Health Inspector Donna Z. Miorandi, R.S. and Public Health Division Director Thomas A. McKean, C.H.O., investigated the complaints and observed an accumulation of non-composted manure at the southeast corner of the property further shown on photographs taken by Donna Z. Miorandi on July 28, true copies of which are attached hereto as Exhibit "D1-3" and made a part hereof. 16) A written order to cease and desist the placement of non-composted manure onto the top of the ground, to cease and desist composting manure, and to remove all future manure from the property on a weekly basis (hereinafter "the order") was issued to Defendant-in-Counterclaim, Brenda M. Tri, by certified mail dated July 29 and received July 30, 2003, a true copy of which is attached hereto as Exhibit "E" and made a part hereof. 17) Town of Barnstable Director of Public Health, Thomas A. McKean, received a letter dated August 6, 2003 from Attorney Francis A. DiLuna bearing the letterhead of Murtha Cullina; LLP stating that the firm represented Diamond's Edge Farm and petitioning for a hearing by the Board of Health on the order. The letter further stated that manure would be removed from the property on a weekly basis in compliance with the order. A true copy of the letter is attached hereto as Exhibit "F" and made a part hereof. [2003-02131answerrij 18 18) The Plaintiffs-in-Counterclaim Board of Health members scheduled a hearing on the order as requested by Attorney DiLuna to be held on September 2, 2003. However, on September 2, 2003, Attorney DiLuna requested that the hearing be continued to the next available meeting date, a true copy of which request is attached hereto as Exhibit "G" and made a part hereof. Plaintiffs-in-Counterclaim Board of Health members granted the continuance request, rescheduled the hearing for September 18, 2003, and extended the order up to the rescheduled hearing date. 19) On September 18, 2003, an individual who identified himself as Dr. Victor Cillis appeared before Plaintiffs-in-Counterclaim Board of Health members at the time of the hearing on behalf of the Defendant-in-Counterclaim, Brenda M. Tri, and requested that the hearing be postponed. Plaintiffs-in-Counterclaim Board of Health members granted a postponement, rescheduled the hearing on the order and scheduled a hearing on the suspension or revocation of Defendant-in-Counterclaim, Brenda M. Tri's stable license number 61 for October 30, 2003, and extended the order up to the rescheduled hearing date. 20), Notice was sent.by first class mail on October 6, 2003 to Defendant-in- Counterclaim Brenda M. Tri of the rescheduled hearing on the cease and desist order and hearing on revocation orsuspension of her stable license to be held on October 30, 2003, a true copy of which is attached hereto as Exhibit "H" and made a part hereof. 21) The Town of Barnstable Public Health Division received a complaint on September 26, 2003 regarding manure at the property. Health Inspector David Stanton, R.S., investigated the complaint on September 29, 2003 and observed an accumulation of non-composted manure on the ground at the southwest corner of the property shown [2003-02131answertri] 19 in the photographs taken by David Stanton on September 29, copies of which are attached as Exhibit "11-3" and made a part hereof. 22) On October 30, 2003, a document was received by telecopier at the Office of the Town Attorney reciting that it was transmitted by Defendant-in-Counterclaim Brenda M. Tri requesting that the hearing be postponed, a true copy of which is attached as Exhibit "J" and made a part hereof. Plaintiffs-in-Counterclaim granted the postponement, rescheduled the hearings for December 16, 2003, and extended the order up to the rescheduled hearing date. 23) On November 5, 2003, the Public Health Division received a complaint about manure odors emanating from the property. Health Inspector David Stanton, R.S., and Director of Public Health Thomas McKean, C.H.O., investigated the complaint. During the investigation, they observed that additional quantities of non- composted manure had been accumulated at the same location in the southwest corner of the property where accumulation was first observed on September 29, 2003 as shown in the photographs taken by David Stanton on November 10, true copies of ¢which are attached as Exhibit "K1-3" and made a part hereof. 24) Notice dated November 20, 2003 of the December 16 hearings was forwarded to the Defendant-in-Counterclaim, Brenda M. Tri, by certified mail, return receipt requested, addressed to the Defendant-in-Counterclaim, Brenda M. Tri, at the property on November 13, 2003, but was returned to the Public Health Division Offices on December 1st, 2003 bearing the notation "unclaimed": Thereafter, Director of Public Health, Thomas McKean, and Health Inspector, David Stanton, personally delivered copies of the notice of hearing to the property on December 1st, 2nd, 3rd, 4th and 5th, [2003-02131answertril 20 2003. A true copy of the notice of hearing is attached hereto as Exhibit "L" and made a part hereof. 25) No request for continuance of the December 16, 2003 hearing date was communicated to the Plaintiffs-in-Counterclaim, and neither Defendant-in-Counterclaim, Brenda M. Tri, nor any representative appeared on her behalf at the hearing. At the conclusion of the hearing, Plaintiffs-in-Counterclaim Board of Health members voted to close the hearing'and hold a special meeting on January 8, 2004 for the purpose of considering the adoption of findings of fact and taking action on the license. 26) Plaintiffs-in-Counterclaim Board of Health members met on January 8, 2004 and granted Defendant-in-Counterclaim, Brenda M. Tri's request, which had been made by her Attorney, Francis A. DiLuna, to reopen the hearing closed on December 16, 2003 and afforded Defendant-in-Counterclaim, Brenda M. Tri, the opportunity to present statements and materials to the Plaintiffs-in-Counterclaim, concerning her conduct of the stable under her license numbered 61. 27) Part of the materials submitted to Plaintiffs-in-Counterclaim Board of Health members by Defendant-in-Counterclaim, Brenda M. Tri, through her Attorney during the reopened hearing on January 8th, 2004 consisted of receipts for manure removal, true copies of which are attached as Exhibits "M1-14" and made a part hereof. 28) During the reopened hearing on January 8, 2004, Health Inspector David Stanton, R.S., presented photographs taken by him during an inspection of the property on December 17, 2003 showing compost bin covers were left open and overfilled with non-composted manure, that the manure accumulation in the southwest corner of the property partially submerged in water standing on the property that extended onto an [2003-02131answertrij 21 adjacent portion of the campus of Cape Cod Community College, and erosion of the accumulation in the southeast portion of the property, true copies of which are attached hereto as Exhibit "N" and made a part hereof. 29) On January 20, 2004, Plaintiffs-in-Counterclaim Board of Health members voted unanimously to revoke Defendant-in-Counterclaim, Brenda M. Tri's stable license numbered 61 effective February 3, 2004 based on findings of fact. A true copy of the findings adopted at the January 20th, 2004 meeting of Plaintiffs-in-Counterclaim Board of Health members, without attached Exhibits, which are separately attached hereto as Exhibits "A" to "L," and "N1-5" is attached as Exhibit "0" and made a part hereof. 30) On February 3, 2004, notice of Plaintiffs-in Counterclaim Board of Health members revocation of Defendant-in-Counterclaim's stable license numbered 61 extending the time for compliance to February 17, 2004 was served on Defendant-in- Counterclaim, Brenda M. Tri, by a deputy sheriff. A true copy of the notice of revocation with return is attached as Exhibit "P" and made a part hereof. 31) Defendant-in-Counterclaim, Brenda M. Tri, continues to operate a stable on the property without a license as of the date of the verified complaint in this action. 32) The actions of Defendant-in-Counterclaim, Brenda M. Tri, in refusing to comply with the applicable provisions of the Town of Barnstable Health regulations applicable to the accumulation of animal waste on the property formerly licensed under license number 61 will continue to cause extreme prejudice to the public interest. 33) The actions of Defendant-in-Counterclaim, Brenda M. Tri, in refusing to comply with the applicable provisions of the Town of Barnstable Health regulations [2003-0213\answertril 22 applicable to the accumulation of animal waste on the property formerly licensed under license number 61 will continue to cause irreparable harm to the public interest. 34) The actions of Defendant-in-Counterclaim, Brenda M. Tri, in operating a stable without a license issued pursuant to G.L. c. 111, §155 will continue to cause extreme prejudice to the public interest. 35) The actions of Defendant-in-Counterclaim, Brenda M. Tri, in operating a stable without a license issued pursuant to G.L. c. 111, §155 will continue to cause irreparable harm to the public interest. 36) The Defendant-in-Counterclaim, Brenda M. Tri, cannot use the premises having a street address of 2051 Main Street, Barnstable for a stable without possession of a license issued pursuant to G.L. c. 111, §155. WHEREFORE, Plaintiffs-in-Counterclaim respectfully pray as to this counterclaim that this Court: (1) Enter a preliminary injunction and a permanent injunction against the Defendant-in-Counterclaim, Brenda M. Tri, prohibiting her from maintaining animal waste accumulations for more than seven (7) days on the premises having a street address of 2051 Main Street, Barnstable, Barnstable County, Massachusetts shown on Town of Barnstable; (2) Enter a preliminary injunction and a permanent injunction against the Defendant-in-Counterclaim, Brenda M. Tri, prohibiting her from occupying, conducting, using or operating a stable on the premises having a street address of 2051 Main Street, Barnstable, Barnstable County, [2003=02131answertri] 23 Massachusetts unless and until such time as she has obtained a license therefor pursuant to the provisions of G.L. c. 111, §155; (3) Enter a judgment declaring that the Defendant-in-Counterclaim, Brenda M. Tri, is prohibited from operating a stable on the premises having a street address of 2051 Main Street, Barnstable, Barnstable County, Massachusetts without a license so to do issued under the provisions of G.L. c. 111, §155; and, (4) Any other relief this Court deems is just and equitable. Dated: March 5, 2004. BOARD OF HEALTH, etc., et al, Town Manager, BUILDING COMMISSIONER, and TOWN OF BARNSTABLE, Defendants, and also JOHN C. KLIMM, as Plaintiffs-in-Counterclaim, By their Attorneys, jti:i.j ROBERT D. SMITH, Town At orney [B.B.O. No. 469980] RUTH J. WEIL, 1st Assistant Town Attorney [B.B.O. No. 519285] T. DAVID HOUGHTON, Assistant Town Attorney [B.B.O. No. 241160] 367 Main Street, New Town Hall Hyannis, Ma. 02601-3907 (508) 862-4620; (508) 862-4724 Fax TO: ANTHONY ALVA, ESQ. Attorney for Plaintiffs & Defendant in Counterclaim, Brenda M. Tri 3291 Main Street P.O. Box 730 Barnstable, MA 02630 (508) 362-8342 [2003-0213\answertri] 24 CERTIFICATE OF SERVICE Barnstable, ss: March 5, 2004. I hereby certify under the pains and penalties of perjury, that I caused to be mailed by first-class mailing, postage prepaid, copies of the above document and the attached Affidavits of Thomas A. McKean, Donna Z. Miorandi and David W. Stanton to the attorney for the Plaintiffs & Defendant-in-Counterclaim, Brenda M. Tri, on the date first written above. Claire - riffen, Le a As ant Town of Barnstab 367 Main Street, ew Town Hall Hyannis, Ma 02601-3907 (508) 862-4620; (508) 862-4724 Fax [2003.0213\answertrij 25 LIST OF EXHIBITS for DEFEDANTS/PLAINTIFFS-IN-COUNTERCLAIM (Re: Tri, et al v. Miller, et al, Bd. of Health, Perry, Bldg. Cmsr.) Exh. Brief Description of Exhibit A Part X: Stable Regulation, Board of Health, Town of Barnstable B Stable License for 7/1/03 through 6/13/04 C GIS Aerial Photo, dated. 4/28/01 D-1 through D-3: Photos of non-composted manure, SE Corner of Subject Property, 7/28/03 E Cease & Desist Order 7/29/03 F Attorney DiLuna Letter to Bd. of Health, 8/6/03 G Request for Hearing from Attorney DiLuna before Bd. of Health, 9/2/03 H Notice of Hearing on Cease/Desist Order on Revocation, 10/6/03 I-1 through 1-3: Photos of non-composted manure, SW Corner, 9/29/03 J Request 10/30/03 by fax from B. Tri for postponement of upcoming Hearing & for extension of Hearing scheduled 12/16/03 K-1 through K-3: Photos of non-composted manue at SW Corner, 11/10/03 L 11/20/03 Certified Mail to Plaintiff, Tri, re Notice of Hearing on 12/16/03 returned to TOB marked "unclaimed" & subsequently hand-delivered personally by BOH M-1 through M-14: Receipts for Manure Removal from subject property N-1 through N-15: Photos of erosion of SE portion of property; portion of CC Community College 0 Findings (w/o exhibits) P Notice of Revocation cf Stable License [2003-0213\exhslist] • EXHIBIT A Susan G. Rask,R.S. Sumner Kaufman,M.S.P.H. Ralph A.Murphy,M.D. PART X: STABLE REGULATION ADOPTED 4/1/72, REVISED 7/15/93 of s roh, , ti BARYSTABLE. MS. es vbAS i639. .,4,c�f° d. Town of Barnstable Board of Health STABLE REGULATION 1. Under the authority of Massachusetts General Laws,Chapter 111,Section 155,no person shall erect, occupy or use for a stable any building or land for the housing of horses and/or ponies in t the Town of Barnstable, unless such use is authorized and licensed by the Board of Health and is in compliance with the zoning By-Laws of the Town of Barnstable. 2. The license fee for each horse and/or pony shall be established by the Board of Health and said license shall be effective July 1 of each calendar year and shall expire on June 30 of the succeeding calendar year. 3. No stable may be constructed within the Town of Barnstable unless a stable license is first obtained from the Board of Health. The construction of stables shall be in conformity with the Barnstable Building Code. 4. Stables shall conform to the following: 96 (a) There shall be at least two(2)windows in every stable. (b) There shall be adequate ventilation in every stable. (c) Each stall shall be of adequate size so that any horse and/or pony shall have room to comfortably lie down or stand up. (d) There shall be adequate drainage either natural or artificial. (e) All flooring in any stable shall be acceptable to the Board of Health. 5. Land on which horses or ponies are pastured shall be fenced in such a manner as to prevent any damage to abutting property,trees or shrubbery. 6. No person; company or corporation shall erect, occupy or use a building for a livery or horse or pony stable for the keeping of horses or ponies unless such a stable or building is more than 200 feet from a church or school building and is more than fifty (50) feet from a building that is used as a dwelling or home. 7. Owners of stables housing horses or ponies must clean the manure from the stable at least once each day. Waste matter shall be disposed of in a sanitary manner and shall not be accumulated on the property. 8. No horse or pony shall be allowed to be pastured on any land unless said area is fifty (50)feet from a home or dwelling. 9. No person, company, or corporation shall allow a horse or pony to be pastured on any land unless said area is fifty(50) feet away from a private water supply well. A fence shall be erected to keep horses and ponies at least fifty(50)feet away from any private water supply well. 10. No person, company, or corporation shall erect, occupy or use a building, for a livery or horse or pony stable for the keeping of horses or ponies unless such stable or building is more than fifty (50)feet from a private water supply well. 11. No person shall store,dispose,or stockpile manure within 100 feet of a private water well. 12. Any owner or keeper of a horse or pony must provide stabling facilities for same. No horse or pony shall be allowed to remain out of doors at all times without having access to proper shelter. 13. Any person company, or corporation engaged in or desiring to engage in the business of slaughtering horses for the purpose of rendering them shall apply to the Board of Health for a license as required by the Massachusetts General Laws,Chapter 111,Section 154. 14. The Barnstable Board of Health reserves the right to make any decision of situations or problems that arise in regard to health or housing conditions that are not covered by this set of regulations. 15. Under Massachusetts General Laws, chapter 111, Section 157 anyone who violates the provisions of these regulations shall be punished by a fine for each day such violations continue. 97 The Barnstable Board of Health also reserves the right to suspend or revoke licenses previously issued if continued violations of these regulations occur. Brian R.Grady,R.S.,Chairman Susan G. Rask,R.S. Joseph C. Snow,M.D. PART XI: TOXIC AND HAZARDOUS MATERIAL REGULATIONS SECTION 1.00 FLOOR DRAIN REGULATION ADOPTED 9/28/99, EFFECTIVE DATE 10/8/99 &IKE Tot, BARNSI'ABLE.p,` "WOtrU'4 Town of Barnstable Board of Health FLOOR DRAIN REGULATION Section 1. PURPOSE OF REGULATION Whereas: • floor drains in industrial and commercial facilities are often tied to a system leading to a leaching structure(e.g. dry well, cesspool,leach field)or a septic system;and • poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous materials into these drainage systems in facilities managing these products;and 98 „ . \\\. ' . , . - , • , Pghp Fee t • MMONWEALTH OF MASSACHUSETTS $Fee 61 THE`CO Town of Barnstable _` Board of Health BRENDA TRI This is to Certify that W. BARNSTABLE, MA • 2051 MAIN STREET, Is Hereby Granted a License FORA STABLE m x 2 ANTED IN CONFORMITY WITH THE STATUTES THIS LICENSE IS GRANTED AND EXPIRES JUNE 30,2004 CA AND ORDINANCES RELATING TOR REOOKED. • UNLESS SOONER SUSPENDED SUSAN G. RASK, R,S., CHAIRMAN . \VV WAYNE MILLER, M.D. Jul 1,2003 SUMNER KAUFMAN, M•S•P'H' y AGENT THOMAS A. MCKEAN, R.S., CHO, x MAP 216 PARCELS 076-WOO, 076-BOO, & 075-002 1,1,.. ,;,. . -,,,-1,--•.,-;!'ill,...;;':_;:*.A.......1. t!,.-.:1-,,:" ?.,,•,.. :.- ---:: s,r,,-,-,,..:3...::1.15s. fi,atief...! , ,,,,;,,„!..:i.7:-,?::,..2.: , _• _. ..- •..,,, ..:•.,.?..4:..:;-,t. .... .. - . ------- -_, ' ---,,".,- .. Pr- '(;--..;?.., •..., • 17 - ' --1:r''..1.c. i'f.".r.• e::, i -...!-',', . .1-:'-'.., - --. ,-.... .- i,..5': .-.4.---. • .,L______.---- - ,I:- • : sag .4- i.. ..'.4..! •. ".; ' ,....%-•4' 1 ''•'! '‘,.......,:,:'......• ;'..•.7:;?.-„`":,''''' . '-.-----'' .....:4----- . . so.?.;,...r, ,', .-,•• :,...r- . ir'? 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'-,,,,•_.:tj.', -.0,-2!40,- .. -,;,...'.,c,-. .leiv.":' ., • ..44%;.2z,Ai#4 '' ''' W , . • • • • • PAGE 1 OF 3 • Ps°FZHE Tpk� Town of Barnstable • y ' s',. °�' Regulatory Services• • BARNSTABLE. • EXHIBIT MASS. i Thomas F. Geiler,Director X B �A ,639. A,o 'FD�AA� Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 July 29,2003 Mrs. Brenda Tri 2051 Main Street West Barnstable, MA 02668 ORDER TO CEASE AND DESIST THE PLACEMENT OF NON-COMPOSTED MANURE ONTO THE TOP OF THE GROUND, ORDER TO CEASE AND DESIST COMPOSTING MANURE, AND ORDER TO REMOVE ALL FUTURE MANURE FROM THE PROPERTY ON A REGULAR BASIS On July 28, 2003, Health Inspector Donna Miorandi, R.S. and Health Agent Thomas McKean, R.S., conducted an inspection of your horse stable facilities located at 2051 Main Street West Barnstable, due to complaints received. Fourteen horses were observed on your property on that date. The following violations of the Town of Barnstable Board of Health Stable Regulation, Part X, were observed: PART X (7): Piles of non-composted manure observed on top of ground scattered along the top of a bank, slope of the bank, and at the foot of the bank which is located at the south-west corner of the property. Evidence of soil and debris run-off from the steep embankment of manure piles onto the lower elevated land, between stone walls and onto neighboring property. PART X (7): Both compost bins containing manure were partially uncovered. Also on July 7, 2003, Health Inspectors David Stanton, R.S. and Donna Miorandi, R.S., observed dust materials rising into the air from an area where blue colored angular sand/stone dust materials were recently spread onto the top of the ground at your property. This dusty material was observed blowing onto neighboring properties. This was a violation of 310 CMR 7.09 and you were issued a written warning notice to cease and desist spreading sand/stone dust onto your land. During yesterday's inspection, large piles of the same blue colored angular sand/ stone dust materials were observed on your property. It was suggested to you that the piles should be lowered to reduce dust. You are ordered to immediately cease and desist the disposal of any manure onto the top of the ground. The non-composted manure dumped onto the bank located at the south-west corner of the property shall be removed and disposed of properly. You are also ordered to immediately cease and desist the composting of any manure at your property in the future. • PAGE2OF3 In addition,you are ordered to remove all manure from your property on a regular basis (e.g.weekly) and to dispose of the manure properly. These orders take effect immediately upon your receipt of this notice. You are reminded that manure shall not be allowed to accumulate on the property. All owners of stables housing horses must clean the stables at least once each day and waste matter shall be disposed of in a sanitary manner on a regular basis. Since August 28, 1998, the Health Division Office received twenty-six (26) complaints regarding the horse stable at this property. Twenty(20) complaints were received in regards to improper disposal of manure. Your original request for a variance to spread horse manure on the ground was not granted, as indicated in the letter to you from the Board of Health dated March 22, 2001. At that time, Board did grant you permission to construct enclosed compost bins, with covers, and to place all manure within the compost bins. However, it is apparent that the two compost bins which you constructed are severely insufficient for the number of horses on your property and the amount of manure which is generated on a daily basis, coupled with your failure to keep them properly covered. According to Jessica Page, WSU Cooperative Extension, Whatcom County, Washington, (at website: www.whatcom.wsu.edu)two compost bins would be adequate for only one to five horses. However a total of fourteen horses were observed at your property. Also, your compost bins were not covered on multiple occasions including.during yesterday's inspection on July 28, 2003, and during inspections on June 26, 2003, April 14, 2003, October 15,2002, October 18, 2002, and September 19,2002. On September 23, 2002, a letter was mailed to you via certified mail which read"you are reminded that the compost bins shall be kept covered all times whenever there is any Manure kept within them." Also an order letter was mailed to you by certified mail on October 18, 2002 regarding piles of non-composted manure observed on top of the compost bins and regarding an uncovered compost bin containing manure. Within that order letter, you were ordered to correct the violations within 24 hours. However, after that date, due to recurring violations of uncovered manure within the compost bins and due your failure to properly dispose of manure; you were issued non-criminal ticket citations on April 14, 2003 and on June 26, 2003. You may request a hearing before the Board of Health if written petition requesting same is received by the Board within ten (10) days. However, the violations shall be corrected immediately regardless of any request for a hearing. The option to appeal to the Board of Health does not over-ride the immediate public health threat imposed due to the improper disposal of manure. The manure disposal violations-must be corrected immediately by regularly removing manure from the property.(e.g. weekly). Your request for a hearing shall include a written proposal of how you intend to properly dispose of manure from fourteen (14) horses each day. PAGE 3 OF 3 Failure to comply with this order may result in the issuance of a$100 non-criminal ticket citation. Each day's failure to comply with an order shall constitute as a separate violation. Thomas A. McKean, RS, CHO Director of Public Health • • - THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) " AGE DATA • UNITED'STATES POSTAL,SERVIC ' -rat;clo YVl . ' ' ,• QO• P1q • ..E4Stage& es aid 001 1940 0004 9042 1501• 1 �K; • p M _----- f.--permitNo". 70 • - 13I1 z1.11 m o m in • c or:Jut /; hg1 ° - $ 3 o ,' Sender Please p�ii�'�you rr��, address andd ZIP+4in this box = e of g A* o eii�d _ No ? I I- a m 11 !°r. ( Town Of Barnstable r-r t-+CD D n t „_ Public Health Division b ' ' b - - 200 Main Street N • - Q a° m � Hyannis, MA. 02601 5 c r - - SENDER:COMPLETE THIS SECTION -'= COMPLETE THIS SECTION ON DELIVERY t d.Complete itam's7 2 and 3`Also complete b1. Si re d.5. x F +.'- � Iii item 4 if Restricted Delivery is desired" `. - ., C ent ©'Print your namend address on the reverse •_�"•.• '� - -..,❑Addressee / r so that.we can return the card to you g R. (prrnte Name) C D t of Deliver. I ® Attacfi:this card:to the track of the mailpiece ccpp -. or on ttie front if space permits. ✓ :,C.� ��r". ..: 3 "' - D Is delivery address different from item 1? Ye , 1.. Article Addressed to - / a If YES enter"delivery address below o 1 i x 1I Mrs. Brenda Tri s _ FI 112051 Maiii�Street 4; z. j I West Barnstable, MA. 02668 ! 3 S_eeType ' 1 [ Certified Mail I ess Mail -'El.Registered '- Return'Receipt for Merchandise I ❑ Insured Mail ❑C.O.D. . I .. ..._...-... __.._...___, __...,.....- 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article •Number ., ;._:,,;,,_ .` 7 0 01 19 4 0 ''0 0 0 4 9 0 4 2 1501 i . (T}ansfe fiiirrisenrice:lalie7 iT I PS orm;:381 August 2001 'Domesfjie Return Receipt .tozss- r.t oz- =isac 0 1 I li i It II 'III I I It t►1 I e • v 5:D 1 V IURTHA CULLINA LLP 600 UNICORN PARK DRIVE WOBURN,MASSACHUSETTS 01801-3343 TELEPHONE(781)933-5505 ATTORNEYS A T L A W FACSIMILE(781)933-1530 www.murthalaw.cortt EXHIBIT E August 6, 2003 RECEIVED BY FIRST CLASS MAIL AND CERTIFIED MAIL AUG 12003 RETURN RECEIPT REQUESTED ARTICLE NO. 7001 0360 0001 9961 1756 -ro'NN OF u"'p-t a�E HEALTH DE PT. Thomas A. McKean Director of Public Health Town of Barnstable. 200 Main Street Hyannis, MA 02610 RE: Public Document Request Please be advised that Murtha Cullina LLP represents Diamond's Edge Farm regarding the Cease and Desist Order issued on July 29, 2003. Pursuant thereto, I am Petitioning for a hearing before the Board of Health concerning said Order. In compliance with said Order, manure will be removed from the Farm on a weekly basis. Also pursuant to G. L. c.66, §10, please provide to me, within ten (10) days from receipt of this request a complete copy of the entire file maintained by the Department concerning the Farm located at 2051 Main Street,Barnstable,MA. It is my understanding that none of the public documents requested above are exempt pursuant to the provisions of G. L. c. 4, §7 clause 26. I further, pursuant to the provisions of 950 CMR 32.05 (6), elect my entitlement to receive all such documents by mail. Please forward to me an invoice for any costs and I will forward you aheck for the same. Thank you. Sincexel , \ i arffilW9r- • FAD/mj f cc: Brenda Tri BOSTON HARTFORD NEW HAVEN WOBURN 600 UNICORN PARK DRIVE MURTHA C7LLINA LLP 6ODURC.MASSACHUSErES 01801-3343 TELEPHONE(781)933-5503 A T T O R N E Y S A T L A W FACSIMILE(761)933-1530 wyrAniurataLiw.corn EXHIBIT_- September 2, 2003 BY FIRST CLASS MAIL AND FACSIMILE: (508) 790-6304 Thomas A. McKean Director of Public Health Town of Barnstable 200 Main Street Hyannis,MA 02610 RE: Diamond's Edge Farm Enclosed please find a check in the amount of Eleven Dollars and 30/00 (S11..30)to cover the cost of postage for the mailing of the public documents requested by letter dated August 6, 2003 and received by you via Certified Mail on August 11, 2003. On August 20, 2003, Ms.Rita Connors contacted this office to inform me that the copy cost of the documents would be S150.00. On August 21, 2003 I caused to be forwarded to you a cbeck in the amount of S150.00. Whereas I have not as of this dated received the documents related to tonight's . -aring, please continue the matter to the next available date after the documents have been m-' -d to me. I thank you in advance for your kind cooperation concerning -_s-, •• - $iricerely, l ima.-ww,0" FAD/mj f cc: Brenda Tri Victor J. Collis BOSTON • HARTFORD NEW HAVEN WOBURN • PAGE 1 OF 2 �Op1HE Tp� Town of Barnstable " Regulatory Services • swRNscnsLE. • • SS. Thomas F. Geiler,Director tor9• ♦0 '64D mgs Public Health Division Thomas McKean,Director 200 Main Street, -Hyannis, MA 02601 Office: 508-862-4644 EXHIBIT�_ Fax: 508-790-6304 October 6,2003 Mrs. Brenda Tri Diamond Edge Farm 2051 Main Street • West Barnstable, MA 02668 • --- - - - OF-CON-T-IN-UANC-E-OF-CEASE AND DESIS;I` E-ARING---- - - - - NOTICE OF HEARING ON STABLE LICENSE SANCTIONS NOTICE OF ADDITIONAL COMPLAINT On September 18, 2003,tie Board of Health members voted unanimously, at the request and with the occurrence of Dr. Victor Cillis acting on your behalf,to continue the hearing you originally requested on the cease and desist order entered on July 29, 2002 against the activities described therein, until Thursday October 30, 2003 at 5:00 p.m.. The hearing will be held at the Town Hall, second floor Hearing Room, 367 Main Street Hyannis. You are reminded that the following cease and desist orders remain in effect pending the hearing: • You are ordered to immediately cease and desist the disposal of any manure onto the top of the ground. The non-composted manure dumped onto the bank located at the south-west corner of the property shall be removed and disposed of properly. • You are also ordered to immediately cease and desist the composting. of any manure at your property in the future. • You are ordered to remove all manure from your property on a regular basis (e.g. weekly) and to dispose of the manure properly. During the public meeting on the 18th, Dr. Cillis agreed on your behalf to submit copies of receipts from the man-are disposal site to the Board of Health. Copies of the receipts from the manure disposal facility shall be submitted to the Public Health Division Office , 200 Main Street,Hyannis on a weekly basis. Failure to comply with these orders may result in the issuance of a$100 non-criminal ticket citation. Each day's failure to comply with an order shall constitute a separate violation. In addition to considering whether to extend the cease and desist order, the Board will also consider on October 30 whether to place the order and any extensions in your license file. The Building Commissioner has informed Health Department Staff that the fence around the stable has nct been properly permitted, and Health Department staff also 20030213 letter2 PAGE 2 OF 2 received a complaint of a new manure accumulation in the southwest corner of your property,which they investigated on October 2, and which, if not properly disposed of, could constitute a violation of the cease and desist order. As the holder of a stable license issued by the Board you are required to comply with all of the Board's regulations, particularly those contained in Part X, Stable Regulation, of the Town of Barnstable Health Regulations. Failure to fully comply with any applicable regulation(s) could, among other consequences,result in suspension, revocation or non-renewal of the stable license issued by the Board. Thomas A. McKean,RS, CHO - - - - - - - Cc:- - Dr.Vrctor£-illis- . .. . . .. --- - - - - - - - .. - ... _ . - - - - - - -- -- Frank Diluna,Esq. • 20030213 letter2 • d s 11 ,. i i I-1 to counterclaim of Miller et al Tri et al v. Miller et al. Barn. Su.. C. A. No. 2004-0084 r 4 t )n y 4 •X l Yr ab �. 'tt.Jpyf+�r r - <�t. G rT , :-.I} y- 1t 4..,Sk1 ..a �R J'i q EXHIBIT Ir: ..7 j a•r '. 1 ar „yt,• - € 'i 1 1 r Y : e.Ac .fX ' ; ,LS` -'$ ,�,� ^a r i+ v '1 a n^ 1 7 6 7a .( .r. ,. a+. i <7 r i .;,- ) x �a Y# ',a '` „e ...„ .. e 7t :>,. �r W ,-F A;'..-{ Js t' f t•^4�',1 y'_ �t , •, s 4 r •,,,c s+i it '. ab. .' x r v. t " . i- ,: e. pt � t i ► b �+r r'�� a .� 7+ , -. s / . r+ F A 'r ., ra 3..;, ','i� 7 4 r u a , t �' a .1 t ". r tiR it r..„ j�.,1+�, • ,. -"Ott , • ., f • 3t I•t M�Jai: {a ' -n � .•`t 3, 6!' , ++ ,,,If'w � ,r t i.-•- s ': .i t ' A.},k'�. i -� % 7 .•J„ * 'e4+ St. t'-n - . k s �; a�i. �' j>t""'v c T c S ti` d l ':-� ++w, � \• yes, `P I ,�y � F � !,� r!: •a R- ",� fii�- fir. ". e _ r i'+t � � t N -�*•,� � yp.. 1 {s� R �S ! t 4 � � _^ }-- J 1 1 . ty�,7A'j. a,�, i s i .. 4 �, Y I .J!1 i t , ?�,, b`�;.t' f 7 y , ,i k , _,',-,, t G [ f['' ~ fi^)j t'b .: ',y,.2 e� r-A �g� x�$6 f , ,-,,,-' y 7. r":,:;.. ,�(,7Cr ... 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'Y i �a I'a� m 1h• t'f#b do ' i f Y 'u. 1 '' �- • S s i ( vial f� �`.� c,,';-,*�.1,rri 4� • !" !f''. *•�7�CRd �>L '. ,` II <s ' t g Y fi • �y l d7. 1.:',ill, ,-7.:,--,.:: 6,,_. - • awl 8 � � ` ./ . + r�r��I _. f /���t�3w�,y, f(BB6//�� �.�crw � F��yr^!*' .. -� .r .� .. .;_�'���� ....,scL1i-.� f� V4 I V EXHIB1T � � 3 '- Ue.-E D r. ftn Td: PAGE 1 OF 2 /� oP RECEIVED-D 1 el"'ip. .Y: ..trs FIsku •ry DATE: NO 2.n )God Z 0 14 ,\ 4, ,aif °� Town of Barnstable T 4E: :6'5 1°A , -I.) • aeRr scAste, • 90 ,erg Regulatory Services A'Fo a+A+. Thomas F. Geiler, Director Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 November 20,2003 Mrs. Brenda Tri Diamond Edge Farm 2051 Main Street West Bamstable, MA 02668 NOTICE OF CONTINUANCE OF CEASE AND DESIST HEARING NOTICE OF HEARING ON SUSPENSION OR REVOCATION OF STABLE LICENSE You are directed to appear before the Board of Health at their meeting on Tuesday December 16, 2003, at 7:00 p.m. to show cause why the cease and desist order originally entered on July 29,2003 should be modified or lifted and immediately thereafter to show cause why your stable license should not be suspended or revoked due to recurring violations of the Board of Health Stable Regulations,Part X. The hearings will be held in the Town Hall, second floor Hearing Room, 367 Main Street Hyannis. During tie. hearings,you will be given an opportunity to provide testimony,to present documentary evidence,photographs, and to present witnesses on your behalf. On September 18, 2003, the Board of Health members voted unanimously, at the request and with the concurrence of Dr.Victor Cillis acting on your behalf,to continue the hearing you originally requested on the cease and desist order entered on July 29, 2003 against the activities described therein, until Thursday October 30,2003 at 5:00 p.m.. Then, on October 30,2003, the Board of Health members voted unanimously, at the request of Brenda Tri,to continue the hearing again. You are reminded that the following cease and desist orders remain in effect pending the hearing: • You are ordered to immediately cease and desist the disposal of any manure onto the top of the ground. The non-composted manure dumped onto the bank located at the south-west corner of the property shall be removed and disposed of properly. • You are also ordered to immediately cease and desist the composting of any manure at your property in the future. e You are ordered to remove all manure from your property on a regular basis (e.g. weekly) and to dispose of the manure properly. Triletter5 PAGE 2 OF 2 RECEIVED..B1.- •, bATE:. .7 During the public meeting on the 18th,Dr. Cillis agreed on your behalf to submit copies of receipts from the manure disposal site to the Board.of:Health?'To date,i q receipts were received at this Office. Copies of the receipts from the m_agi to disposal facility shall be submitted to the Public Health Division •Office.;200 Main Street,Hyannis on a weekly basis. ` �� --•:-•---•- -"' Failure to comply with these orders may result in the issuance of a$100 non-criminal ticket citation. Each day's failure to comply with an order shall constitute a separate violation. Immediately after the hearing considering whether to modify or lift the cease and desist order, the Board will convene the hearing whether to suspend or revoke your stable permit. The Building Commissioner has informed Health Department Staff that the fence around the stable has not been properly permitted, and Health Department staff also received a complaint of a new manure accumulation in the southwest corner of your property, which they investigated on October 2nd and again on October 27th, and which, if not properly disposed of, constitutes a violation of the cease and desist order and a further violation of Part X, Stable Regulations, of the Town of Barnstable Health Regulations. As the holder of a stable license issued by the Board you are required to comply with all of the Board's regulations, particularly those contained in Part X. If the Board finds after the hearing that you failed to fully comply with any applicable regulation(s),particularly with regard to the existing cease and desist,the Board could, among other consequences,vote to suspend or revoke the stable license issued to you by the Board, and in the latter case direct that you cease operating a stable. Any request to continue the hearings must be by a signed,written request stating the reason(s) for the request delivered and received at the Board of Health offices at 200 Main Street,Hyannis at least fifty-two (52) hours prior to the start of the hearings except in the most extreme of emergencies. The Board has discretion to grant or deny a request for a continuance, and if denied or if no request is timely and properly made to conduct the hearings as scheduled thereafter take any actions within its discretion with respect to the subject matters of the hearings if you fail to. <-77F-2/44)‘. Thomas A. McKean, RS, CHO Cc: Dr.Victor Cillis Frank Diluna,Esq. • Trilctter5 • FARM No. JAY NOONE DAT , q 0 �R NO't:, za s'z �b .E rg i . NAME �q(c%t , t it y �'"t %�).�_•,'hys1 ,� r.t zx Coo st.+a hM M ✓r rya 'fr 4 a t' r+ ti S yi>nu �f y„ya'. ' ri . ..�.`r !t r .. :K?,..,,. , d„<J:.Fc. .Mi '., rg—r.;5 tC,7k. '�x.;w'": ADDRESS :4 a c ) yc fc a s V r sr i s ! l ),N.,rry�>.r'y i't i 4.;^YS -.yz. t > : a*1-Y i T i J*;: S.'S,� 't.:.• a, SOLD BY rf i j,r 0 CASH y 0 C O D _=,Q PAID OLir, r .7 Y, ;.1,n f t 3 i )r, F CHARGE f'A n MERCHANDISE RETURNED4,' ' �zyi t r. ,6+'- nn 1 r i 1 t.144. ..1 ,. ). .t . . .F v.. A,.:t. ,4.1., Y,.. .� 1, .d ( f4 QUANTITY DESCRIPTION, , .:PRICE:: AMOUNT • • IJ ... a, I / °C I :b. l. 1 X !y z s ,: .. .J: ,., .;«T>r.< > tzt r ,.? 7 (,': . .�` .�..>,.fgr�rr , •. ,ff:t C t' q i : ., ... .Hl >>ti /..; / t T 1: r' J :f a t ti 'L't.} f. i !. 1... `.i.: ). .,.j.7: :.:h.. .l.7 .Ft a..._;:)r .} f... .,y .t F,z.ar,C 1 ) t,'. ). i i r ) c: r r t . L� .. ._ J i 'T' t _.,a irI zk f S,l:: , z -:fg,: a. : S! ti z * !,i- i 1} a 1,' rein s.y.Y a' �,.7✓z r hc>.~t`ts �..4�.f!.c r r 2'i FS< tr ''t.,ly R- -7 AA } 4✓ttt > 'za'.�x,7 a'A' Z i q). 1 a .f° X et t" ¢f A. t a X x r ) it ..c . sm cf.w ? ,,+„ e ,,.,s -- 4.,. '? r,.'.c11!.;i�'.c._.z 5x z<A t1}t t.`r a adams NC2581 SIGNATURE ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. GENERAL PURPOSE JAY NOON. FARM N�' DATE /, 1 +T I � 2228286 5-sawa.i:Th`c�,��'-1'•n�t�,7�"'',�.�C`^>,sa C� "'fi �l�""ikx r•A,s x lfy4 rY�s ttir i,�<�r�' lw3 twt i'�w�',fi_ • ADDRESS }l{ r� Ali t Y wy i r t l to y T¢ Zn�C M {[: • -t Atj t �'ti 4 t s rYi tW✓y , r� t4. y �r��� , SOLD BY t r t Q,CASH ` Q C O D t " Q'PAIb•OUT �' 'r xa J s a y'a QCHARGErn OMERCHANDISEtRETURNED pt�s r i ..7• : :: QUANTITY ..DESCRIPTION PRICE AMOUNT ;I/ ty �, r,_, �KY4n F3•n a r �a 1 S 4. t 1 Y hit t()vt D -trt '13�,�ai. t a adams NC2581 SIGNATURE ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. GENERAL PURPOSE (� FARM N o. DA JAY NOONE ,„, Y '1o5 i}Y� 7'l ORDE vti t �. tk}R;NOat:',= .'1. .' ' ,, 'y+ Thar v'Y a ,y!'M p'' ,k,,, NAME //g . <<<< 5 ..K ♦i.•,' :t; 1 A� } z t,"t �' v{ f /�t,/ a� �1 s.y_ r ..�.k.[?f 1[, %_'z °'' � 1 �� . ADDRESS •,-,�ti z,i, ` 4 [s f S-,,,ff 7Fs•.41. a • SOLD BY t CASH ,❑COD 4 Q PAID OUT ,y �' i,y ,, < ' • t i CHARGE �MERCHANDISE RETURNED! .s�K.�yllt V. ° ri k, •QUANTITY DESCRIPTION PRICE • AMOUNT ;. 9 < f a a r L t s n I is .5'r i i k.t ,x f 1 i , t f t� , J." ' i.i i.,.ti�<, :'.j !•'' n. o c,: ! F< 5>yz a ,'x"' is adorns NC2581 SIGNATURE ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. GENERAL PURPOSE JAY NOONE FARM • No . h(� W p 1`y Y�i.. . : Y s 1 xC E 6 .� R� 2228286 s oRD R tJo�f���t�" n�„rp�..� ,:S�r4 it ,1 } rtj toNAME , * { +' f,� �' ▪ t ,,., y. (:4 rot' .r.q "rr \.......i2) ADDRESS Krr { k f t 2 .. YSOLD B • CASH ❑COD: PAID OUT iy ,"s T '';i� t r y n t`x ❑CHARC'E' 0UERCH'INDISERETURNEDri. , ?�,s„il ,, �:...x. . ,: .h • , mil AMOUNT � ANTITY" ; DESCRIP710N PRICE., IIIMIIIII t A 4. ` c ti . . � , { itr ; 1 1 A } - 1. } ._ • :,,k ^S11"t<! r/� LTG t,T ▪ r } } t . R \. °L ,. 3 ktf y lJ G f f Xf< \ �a ?xk4 l t'' A��*rt� 1. r a �>?1ob▪ t� -ti yr} a ,1 S (�'s":i I'�ri1 t`y7tL�, }'a }„w1 ...“): yr` 1.gdams NC2581 SIGNATURE ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. GENERAL PURPOSE aE FARM No . JAY N00 � : DATE . XJ ,;;i6 : ` ftL 1 Mq t /9. k.. �e x a r f,?,, s`y T 1 V 2228286 ?. '+. ',."`:. ..h P �a },Cv i i .,,,:i .�2`t ,v4• eQRDER,NOj✓ :;y,ems' `1 i .' .. J r?,. S f, ..i 1. i} bh T NAME t r > F rf„t,K� , tk t /%{ 'r Y r i 5 ray r �l! i� JCI' '1( /x}', •1.V.F4 4',A 1A . j it�i,.f x \ ,t 1 / " a 4 Y T} ADDRESS x 1 l '' +t� . t s•7 say a' xs�4•r '' 4it 43v n?a S Y # s vta 3,i, 1 SOLD BY CASH ❑C O D r* ❑PAID OUT ri ?, rr -a r, �.; 3 I �CHARGE�'_r Q MERCHANDISE R TURNE4.r.„l,r, ?L v: ;.. as . . DESCRIPTION .PRICE AMOUNT DUANTITY : A rqa; Z G x t' ` T'i � to s Y Yt4t 1 i...t' t � t tt } t r a. 'ttS fAzG. '�+Se L LY:,,,, `{.q} ! tI SS� .F i p t - T� fir'f .a. ter r 1 4 }� . LJ ,lti t.474 1, J c i <., - t Y a r r :t._ t t t ifc. t r l e ,,.r .. .. B r a 'i',sr t ' ) s t i' 1 C x s x a .t 4 t o al ., t iIT S i�'. r`t:.` , 1 t '. � t ti.. 4 + r :'.� fr,x�...• A?i u xv'r' r S 7T: J t tl `` � ��t,ti �{ �� t t is t i,. �'Z i air`s t 5 v k f-t y )t .Yr ;x i 44- i i ,a.• .^ ':.t F rt5, .1 r TY it - rat t i' • 7S t ' t .tSffiS `u ',,4::e . 2 �i ftY' w,".ilf^ l . ,.tar t t r 4 ; f4 tk<sit r{y a s .t p'.i:7 t: i E::.adams NC2581 SIGNATURE ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL GENERAL PURPOSE • °� FARM NO . JAY NO.ONE FA DATE E � , 413 6 el ,ORDER NO':,„, "x,,„.. 4" !+, f�s3� • NAME fY z, ! l �, rr r,, , 1 I� ' q .r'a" r R 'k � y 4 x + , � „ } . J 4 .„. ADDRSS ,, t § 4r,�„rY f , , ,, ,„ Z, y +t4 � sF1iz .„,!.,„,„,„.„,„:„.„,.„.,, `}r4 r ` � y ..,... ! . .... .. .:,. .., .. ...... .:,,,,,,:.,,,,.:„.:,..,„..,L.:. SOLD BY ,, 4 CASH 0 O O D 0 PAID OUT y ;1 . , a .,,,,„ {r ,...: �I s ` ,,h Q C 4ARGE_ ❑MERCNA RISE RETURNED' ,;� ,^ '� p a DESCRIPTION . . ;PRICE . -AMOUNT QUANTITY; .. � <= ~ W r } S. r1R J j4 .i 4 1 ..Y ✓' \VV1 ` r s i S '. 2 7 ik , s r .f t , 4 s } L , 4 tt h 4". .✓ S y s !'. �.. :A P r r 44.; ,;a.•., » v y''j R. 'i-J 4.F'"r' > .A ,.r s f et - } s .A } 1 fya[rx /n� ; ',1 iX ritryu' r.n`•.} tI,.a tsya.4.!!' {)'s}: l.'z7'fi.V'..tt t*.. IYf S5, .. ar.adams NC2581 SIGNATURE ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. GENERAL PURPOSE O FARM NO, JAY DONE T u 1�i 't / y r Z�r L n` -g iii4g7� trt r,'r, 413 !a b 6 ;;ORDER NAst i r�' '�t' -+ t a ,. t iv p NAME r r: 1 t c rr .. Cj 4;,r in.�d a . � '° � - •^, i xrr V of �, s�iq ' � �+�Jt .5.i �1 Orr :y •f 4 .LC �� i Yi•b. r.. Sa 7+ . fr•{irt . n [ ‘ e V. 1 v r. k r, Yet. •/�DDRES51c , 1 \r:_ 4s i1.,3 . r S ;n �:4-".t� .xi OD'BY s.'r .r ` 1::!,__.:6Agi-fi":..';'6',:..fr.:-.1 C O.D PAID OUT ' fi i � C r[ r� xrI , ~\t. . 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P A 02668 i sentAddress S--./6 •- -3 7Moved,Left No Add re� or setter Address Rift 11-1-7d*ed0 Refused O Postage Due ,��„ - fir• \ ,.\ , ._ - _ _ .. _ _— .. i / SEN ERI.COMPL<ETEJHIS SECTION . 'COM LP ETE THIS SECTION ON,DELIVERY� *� f q -_; :r45'tia.. .a .a,. e`_.'.' A..`�dtl,.gs, . , .. ,.... : ._. _y, + -._r'.'? n. ,... .�^�,... . _. . .' .._.w :',..1; - I sil Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent a Print your name and address on the reverse , X 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery a Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: /1 If YES,enter delivery address below: ❑ No 112• it A�.s- Vtc_ro�U1-1.1 S 02,05-1 P11-1 ST- ,i Bke_OSTIA-ELEIM144E► Certified a- Express Mail❑ Registered �¥3eturn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number i 7002 1000 0005 0781 8027 (Transfer from service label) Fo is : G .• II . . . e. 102595-02-M-1540 a T Town of Barnstable ' 141,, 9. Regulatory Services AAi Thomas F.Geiler,Director $ Building Division ?fp Milt4 Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 29,2003 Dr.&Mrs.Victor Cillis 2051 Main St. W.Barnstable,MA 02668 Dear Dr.&Mrs. Cillis: This is a follow-up to the letter sent to you from this office dated June 17,2003. In that letter you were asked to remove the light poles and rebuild the stone wall at the rear of your property. To date this office has seen no activity in regards to rectifying these matters. Action'must be taken by August 8,2003 to resolve these issues. If no action has been taken by this time we will commence with daily fmes in the amount of$100.00. Each issue shall be subject to individual fmes and each day will be a separate offense. Thank you for your anticipated cooperation. Sincerely, Tom Perry Building Commissioner TP/AW CERTIFIED MAIL 7002 1000 0005 0781 8027 • Town of Barnstable CERTIFIED MAIL r Building Division — 1f U'JPAIOSTAGE 367 Main Street HYANNIS.MR 02601 1111 Hyannis,MA 02601 MAY o.'01 UNITED STATES AMOUNT 1 I POSTAL SERVICE 0000 $3.71 7000 PO 0021 8281 3537 00053,17-01 `4 ,�f ,V: s-S� , St MOtice _ r b . ,,,j r 1' Bt m d v/ 4 r U ar.se*-: ' f air Street/R; fi.;..! ::f' �' ,. ,. _, .-r� 8 iv RETURil RECEIPT A ' . �<<. (sr REQUESTED ,. . ,,� :jti ti ,n" . li:�,,ala}a =, ,,,j�tll.. iii III II! Ii I:I!,ll I Ili:flI .. aa;tt. r i ia3 t.. I i 1 -,-....i •-••-,1 1 i'... i I ,, I I I I I I I 1, , I I II 1 I . ....,. . 41 I f PLACE STICKER QuiCi?CP ENVELOPE VD MIB RIGHT CP RETURN ADDRESS. F n I n A T rte.-sr-ram 8 8.88, 111.,2,-.-,•'t•--s'.'"...4181 --...---8.--8-.......,,...__ .., '4- .8. , . . 0.1HE, Town of Barnstable o • Regulatory Services g Y K00ilansTstnyThomas F.Geiler,Director 1639. D tit0 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 2051 Main Street/Route 6A West Barnstable,MA 02668 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 002r 8281 3537. .R.R.R. q010509a dIou1? 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II i s' 411 MN Illir . , 1 11111111111.111W FROM :Scaroo Ca.f e FAX tin. :5nR-7,R 2nn f=oj,_,. 11 200A 11:25nri P4 Town of Barnstable „vss Regulatory Services 4 m,•r ut } Thomas F.Geiter,Director 'daa, rs Building Division ` poor F.UlTvlatten, Building Commissioner 367 Main Street,Hytuuris, MA 02601 • Office: 508-862-4038 Fax: 508-790-6230 November 21,2001 Dr. And Mrs. Victor Cillis 2051 Main Street--Route 6A W Barnstable, Ma 02668 Re: Zoning &Code violations Dear Dr. & Mrs. Cillis; A number of zoning and code violations have been brought to my attention concerning your property at 2051 Main Street. Mostly recently, you have advertised a vacancy for an apartment unit over the stables in violation of ordinance section 3-1A, Furthermore, I have also been informed that you have installed forty foot high Klieg lighting for the Illumination of the outdoor riding arena.This in in direct conflict with local zoning ordinance sections 4-7,6 and 3-1-1 (B)(i). It is my duty to advise you that not only is there no approval on file from the Old Kings highway Historic District committee as required under. CMR 972 but it is apparent that this work was done without both the benefit of licensed individuals and permits in accordance with C;MR 780, sections 110& III, In addition;you should be aware that the keeping, stabling and maintenance of horses are specifically addressed by our local zoning ordinance 3-1.1.(B)(b). Therefore, it will be necessary to vunffi.rrp and document the number of horses; corresponding stables and available landmass in order 10 assure compliance. I am informed that there is a discrepancy between what town records reflect and whet is actually on site. in conclusion, I respectfully remind you that this office bag previously advised you in writing that a Site Plan Review hearing was required prior to any site work resulting from the expansion or intensification of the riding academy and related commercial uses. I am aware that you have cons1Frent.ty ignored this directive. As I am newly appointed, I would like to take to this opportunity to inform you of-my resolve to rectify these issues fairly. It is imperative that you take immediate measures to peacefully and lawfully reconcile these violations, My staff is available to assist you in the expedition of these matters. in the event that you choose not cooperate, please be advised that I intend to pursue all logs! remedies at my disposal. It.is my sincere wish that this action will not be necessary. I anticipate your cooperation and look forward to meeting with you in the very near['atilt. Sincerely, Peter F. DiMatleo Building Commissioner Co RJvd 97-.F1�7_.98Z0i316 Et, :i.:0 S65T/60!TO .,xr.• Town of Barnstable Regulatory Services i > *Wm. Thomas F.Getter-,Director ?'ilk Building Division Peter F.Matter), Building Cornrrtissioner 367 Main Street,Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 21,2001 Dr.And Mrs. Victor Cillis 2051 Main Street--Route 6A W Barnstable, Ma 02668 Re: Zoning &Code violations Dear Dr. &Mrs. Cillis; A number of zoning and code violations have been brought to my attention concerning your property at 2051 Main Street. Mostly recently, you have advertised a vacancy for an apartment unit over the stables in violation of ordinance section 3-1,4, Furthermore, I have also been informed that you have installed forty foot high Klieg lighting for the illumination of the outdoor riding arena.This in in direct conflict with local zoning ordinance sections 4-7,6 and 3-1-1 (B) (i). It is my duty to advise you that not only is there no approval on file from the Old Kings Highway Historic District Committee as required under CMR 972 but it is apparent that this work was done without both the benefit of licensed individuals and permits in accordance with CMR 780, sections 110& 111, in addition,you should be aware that the keeping, stabling and maintenance of horses are specifically addressed by our local zoning ordinance 3-1.1 (B) (b). Therefore. it will be necessary to confirm and document the number of horses: corresponding stables and available landmass in order to assure compliance. I am informed that there is a discrepancy between what town records reflect and what is actually on site. In conclusion, I respectfully remind you that this office has previously advised you in writing that a Site Plan Review hearing was required prior to any site work resulting from the expansion or intensification of the riding academy and related commercial uses. I am aware that you have consistently ignored this directive. As I am newly appointed, I would like to take to this opportunity to inform you of my resolve to rectify these issues fairly. It is imperative that you take immediate measures to peacefully and lawfully reconcile these violations, My staff is available to assist yen in the expedition of these matters. In the event that you choose not cooperate,please be advised that I intend to pursue all legal remedies at my disposal. It is my sincere wish that this action will not bt necessary. I anticipate your cooperation and look forward to meeting with you in the very near future. Sincerely. Peter F. DiMatteo Building Commissioner F oF� The Town of 1I arnstab1e sniuvsrnie,639. - lb �0� Department of Health Safety and Environmental Services '�Fn +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 02/01/1999 11:50 5083628811 PAUL SKLAREW MD PAGE 01 The Town of }•:arnstabkk Der artment of I ealth Safety and Environmental Services -, 1 Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crosson Fax: 508-790-6230 Building Commissioner January 28.199111 9 I` Mrs.Brenda Cillis 2051 Main Street West Barnstable,h' A 02668 Brenda: I am folio ►i tg up our mee• gs on January 19th and 21st,regarding the commercial venture on your property at 2011 Main Street. As I states o i those occasi• s,your property is in a residential zone(RF)and the operation of a business would req LiP e relief from t e Zoning Board of Appeals. If this offi e can be of any sistance in the ZBA process,please do not hesitate to contact us. It was my ,l jasure to have et you. Thank you in advance. Sincerely, ' � t, Richard Richard Stevens Building Inspector • RS:Ib g990125a F Catre bpQC1 Q ays at t o VICIODer It' arm By Brad Lynch on the other days, Friday's children the land and in the four-month-old white German shepherd who, like are the ones who have lost a parent, post and beam barn,in the animal pens Brenda,was born near Everett,Wash- Most days, the seven-acre spread, had a sibling terribly damaged,or con- and on the trails to ride. Sharers of ington, seems to owe his gentle man- which includes woods,pasture,a field tracted leukemia. these qualities are all the children who ners more to example of the Sultana for practice jumping,(even polo),sings Brenda Cillis, a 35-year-old health come to learn and play,from toddlers hens than the pushy goats. with the happy sounds of healthy kids professional,presides over the whole to early teens, including Brenda and One of the miniature horses,Chico, learning about riding,animal care and menagerie of children and animals. Victor Cillis' own sons, Stefano, 10, has white markings on both of his responsibility. She'd like to live for 100 years....with and Philip, eight. Other denizens of reddish sides that look like the map of Friday is the special day.That's when every day a Friday. When the Mother the barn and land behind the Cillis's Cape Cod.When introduced to Bingo, a handful of children who have differ- Goose rhyme got around to that day,it spacious house include 11 horses,two a full-size horse of some dignity,whose ent problems come to Oktober Farm, was,"Friday's child is loving and giv- goats,two ponies,four Sultana hens(a lean ribs poke nearly through his chest- up the lane off Route 6A,just east of ing," which is isn't a bad theme for breed that thrives on being cradled in nut coat, the visitor realizes from her Sandy Street Cemetery.Apt to arrive a Fridays at Brenda's in West Barnstable. the arms of a child),one rooster and a little more quietly than those who come There's much of giving and love on flock of barn swallows. Woody, the Continued on page 7 i r `'. .7crluul l..liuuRG6LGG wulJul.cISjunu vJp.n.s 1H.1..UYLVIw ...owvr. with children in the school system and two members CAPE COD BANK of the media:Matt Pitta,news director of WQRC,and AND TRUST COMPANY } David Still II,editor of The Barnstable Patriot. Come and submit your own questions to the candidates. elecast live on Channel 19 from the TRUST AND INVESTMENT GROUP s , , Town Council Chamber Room. .: vem Sponsored by ins e4 4s. A7� `,1w y ,�,- The Systemwide Parents Advisory Council 1� x kk ';`x & The. Barnstable Patriot y, HORSE, PARTIES Created: Dec 3, 1997 edi t Air :15 19913 k , $100.00 PER PARTY. COME AND ENJOY, WHILE I DO THE WORK! YOU BRING THE CAKE AND DECORATIONS. I PROVIDE THE FUN. mAWE HAVE PARTIES..FOR ALL AGES, NOT JUST FOR PONIES AND LITTLE ONES, BUT FOR ANY `HORSE LOVER! WE USE MINIS FOR THE WEE ONES. CALL FOR INFORMATION OR BOOK NOW 362-1562 i .TrWr .61 k 7 xr^ 4 .7 ...4°-n '.a't' V LJ,z7,JJ.,' r fk t .r ,'M "fir :. 7 ' v. M ,ii,^ r .,?,1 q il'0 �. +ft•. '. ,Z.,.ri ''"s T•, , 11 ' § 3 ZONING C. 40A } , ganization to make use of given parcel ment of Public Utilities, not to municipal- when no other person or organization ities, authority to regulate and make de- E;`',; would be permitted to use same parcel for terminations on safety of transmission i 11! ' any purpose.Southern New England Con- lines. New England Power Co. v Board of ference Asso. of Seventh-Day Adventists Selectmen (1983) 389 Mass 69, 449 NE2d ' t�t" v Burlington(1986)21 Mass App 701,490 648. {1 t, NE2d 451, review den (1986) 397 Mass 1103,492 NE2d 98 Department of Public Utilities erred in Church desiring to erect building and not stating sufficient reasons for denying i? ! parking lot on land designated as wetland Petition to reopen record on issue of neces- by town zoning bylaw was not exempt sity for power company to construct 32 mile long overhead electric transmission under ALM GL c 40A §3 from compli- l ance with bylaw. Southern New England line through 11 towns and one city; case lis ' remanded for further subsidiary findings. Conference Asso. of Seventh-Day Adven-, I �ti fists v Burlington (1986) 21 Mass App Costello v Department of Public Utilities i , 701,490 NE2d 451.review den (1986)397 (1984)391 Mass 527, 462 NE2d 301. Mass 1103,492 NE2d 98. Petition of natural gas supplier to De- i 11 Remodeling of part of church building partment of Public Utilities for exemption for use as offices and counseling rooms for from local zoning regulations in order to 1( psychological counseling center with spiri- permit construction of meter station in � �I tual component resembled mental health residential zone was properly granted. clinic more than religious activity; conse- ties(1987)401 Mass 257, 516 NE2d 131.Martorano v Department of Public Utili- �. quently, building permit on basis of reli- i ,, gious use exemption was rightly denied. Department of Public Utilities was not Needham Pastoral Counseling Center, required to consider and reject alternative • Pc' Inc. v Board of Appeals (1990) 29 Mass sites to one chosen by gas company seek- App 31, 557 NE2d 43, review den (1990) ing exemption from zoning regulation in 408 Mass 1103, 560 NE2d 121. order to construct meter station. Mar- Structures used for religious purposes torano v Department of Public Utilities , are exempt from zoning regulations but (1987)401 Mass 257, 516 NE2d 131. I may be regulated as to bulk and height, Department of Public Utilities properly ,F yard sizes,setbacks,open space,and park- found on basis of substantial evidence that I ; , ing. Needham Pastoral Counseling Cen- site proposed by gas company for con- ter, Inc. v Board of Appeals (1990) 29 struction of meter station was reasonably ti Mass App 31, 557 NE2d 43, review den necessary for public convenience or wel- W' ' (1990)408 Mass 1103, 560 NE2d 121. fare. Martorano v Department of Public '; Meaning of phrase "religious purposes" Utilities (1987) 401 Mass 257, 516 NE2d i i I. is question of law for court. Needham 131. j' Pastoral Counseling Center, Inc. v Board : of Appeals (1990) 29 Mass App 31, 557 • Agricultural or horticultural , NE2d 43, review den (1990) 408 Mass Section of town's zoning bylaw - 1103, 560 NE2d 121. i anywhere in d Ilq Zoning Act adopts constitutional princi- town was invalid, because it conflicted # 1 ple that local authority map/ not, without with GL c 40A §3 which allows agricul- compelling state interest,use zoning regu- tural uses within all zoning districts in lations to burden religious practices. Need- municipality. Building Inspector of Mans- ham Pastoral Counseling Center, Inc. v field v Curvin (1986) 22 Mass App 401, Board of Appeals(1990)29 Mass App 31, 494 NE2d 42. 557 NE2d 43, review den(1990)408 Mass Operation of piggery constitutes "agri- 1103, 560 NE2d 121. culture" within meaning of zoning law, 8f ALM GL c 40A§3. Building Inspector of !it ll I„ 5. Governmental land or structure Mansfield v Curvin (1986) 22 Mass App [For future usesi 1! 401,494NE2d42. t. 1 lw 6. Public utility Operation of boarding stable for horses I Legislature has delegated to Depart- in riding academy in residential zone was 1 t HI • 259 'I1t} .'t 11 h I , ., ,_ w._. .<. _ . . r 5 .. .i,itk�Te..Yi A•ii-•'i2�,Yae' .dill �'',iv.a1SR x'ayy.F.t..a::�y zi ANNOTATED LAWS OF MASSACHUSETTS § 3 C. C. 40A by �. ._i, m that it furthered and did not dero- It agricultural use exempt from local zoning §40, or regulation. Steege v Board of Appeals gate from legislative purpose. Lovequist v ar (1988)26 Mass App 970, 527 NE2d 1176. Conservation Com. of Dennis (1979) 379 ar Mass 7, 393 NE2d 858,9 ELR 20730. 1e r "Term "agriculture" is not defined in There is statutor authority for munic- . .I ALM GL c 40A §3, but use in definition Y ! (1 i i' of term in taxing statute(ALM GL c 61 A ipality to impose reasonable time-based i..I i §§ 1, 3) was relevant. Steege v Board of zoningcontrols on local development. u. Appeals (1988) 26 Mass App 970, 527 Sturges v Chilmark(1980)380 Mass 246, iti pr 1"S NE2d 1176. 402 NE2d 1346. in 1i't, "Agricultural use" exemption is inter- ALM GL c 40A does not apply to City 1 C, j' preted broadly, and many activities con- of Boston. Emerson College v Boston lit m ducted on land being used primarily for (1984) 393 Mass 303,471 NE2d 336. p< t°tY agricultural purposes are allowed despite Care of 100 elderly persons in nursing conflicting provisions of local zoning by- home facility, including some instruction ti 1. ;, B laws. Tisbury v Martha's Vineyard Com. in crafts and like, was not educational i 6; i (1989)27 Mass App 1204, 544 NE2d 230. purpose within meaning of ALM GL c Where greenhouse and appurtenant 40A §3. Whitinsville Retirement Soc. v u se 4000 gallon fuel tank were essential com- Northbridge (1985) 394 Mass 757, 477 `T la ponents of plan to grow fruits and vegeta- NE2d 407. z< ;- bles on year-round basis, they constituted Town's flood plain zoning overlay dis- tc 11 limitingtrio was not confiscatory as applied to i r< f agricultural use, and town bylaw ; il size of fuel storage tanks to 500 gallons landowner's property. Turner v Walpole Si ti was unreasonable regulation of agricul- (1980) 10 Mass App 515,409 NE2d 807. V w ture in violation of ALM GL c 40A §3 11 UNDER FORMER§2 j; and was inapplicable to situation.Tisbury II. 1 v Martha's Vineyard Com.(1989)27 Mass 9. Constitutionality fi if App 1204, 544 NE2d 230. Such statutes as instant section are not is ..!) Use of land for greenhouse is horticul- violative of any provision of Constitution ,11 tural use protected by ALM GL c 40 §3, of United States nor obnoxious to any 11 f'; and cannot be prohibited or unreasonably provision of that Constitution or of Con- i regulated by local zoning laws. Tisbury v stitution of this Commonwealth. Building h Martha's Vineyard Corn. (1989) 27 Mass Inspector of Lowell v Stoklosa(1924)250 i :' App 1204, 544 NE2d 230. Mass 52, 145 NE 262; Spector v Building 1 1 Where land is being used for agricul- tural purpose, there is no necessity for Inspector of Milton (1924) 250 Mass 63,145 NE 265. e kik' 11 zoning board to consider variance for use §§25 et seq.of former c 40 were not un- r• t that is protected by "agricultural use ex- constitutional in that they permitted town f emption" in ALM GL c 40A §3.Tisbury to enact zoning by-law without previous € il v Martha's Vineyard Corn.(1989)27 Mass notice or opportunity for hearing: consti- r tutional requirements are satisfied if ade- I i,' App 1204, 544 NE2d 230. q quate opportunity is given after passage I �'. 8. Other;miscellaneous of such by-law to contest its validity and < Town's zoning amendment prohibiting its application to property purporting to 1 il abortion clinics as use in all zoning dis- be affected by it. Lexington v Bean(1930) }r!; tricts in town was invalid, because it con- 272 Mass 547, 172 NE 867. 1 stituted incursion into constitutionally Zoning bylaw adopted under instant I protected right of women to terminate section may not be applied if application 1 first-trimester pregnancy. Framingham of such bylaw to particular property is Clinic, Inc. v Board of Selectmen (1977) confiscatory, and constitutes invalid tak- !I 1 373 Mass 279, 367 NE2d 606. ing of owner's property, not justified by q j; Town wetlands protection bylaw did police power. Thus, bylaw preventing ,: not conflict with zoning Enabling Act, in erection of building upon lot unless lot that it was not zoning regulation, or with abutted upon way not less than 40 feet t state Wetlands Protection Act, GL c 131 wide was held inapplicable to erection of % ' 260 1 .. ,: ;; .,. ,; ., ..,ay_ t"�K'"�:.t - �_�•�. .,'::E ram..-.,, ..a. '.t.�t��? �,, HORSE LEASE. • Created: Dec 2, 1997.a �. . . •Last Y.ed t : Apr9.20, 1998 HORSE LEASES 156.00 PER MONTH;OUIET, FUN, RELA Ir1e, - TRAILS, ALL SIZES AND h ''' ':AGES.NO UET BILLS, NO MUCKING STALLS, NO SHOEING,NO FUSS,JUST COME AND RIDE. - AND HAVE FUN • CALL BRENDA .FOR INFO 362-1562 MEMO November 9. 2001 On Wednesday, November 7, 2001, at approximately 2:00 p.m., I visited 2051 Route 6A, West Barnstable with Bob Weston, Town of Barnstable Wiring Inspector. Reko Electric of South Yarmouth had installed three 40 foot telephone poles with lights on top of each pole. I posted a STOP WORK ORDER on one telephone pole and Bob Weston . instructed the workmen, who were not licensed, to leave the job. Qe-QP\44— Ralph Jones November 8, 2001 On Wednesday, November 7, 2001 at appr mately 2:00 p.m., I w s asked to visit for inspection purposes a job size t 2051, Route 6A, Wes Barnstable. Mr. Ralph Jones, of the Building Inspection Department met me at the job site. I found Reko Electric of South Yarmouth to have installed three, 40 foot wooden telephone poles, each pole having two - 1000 watt metal halioc lights at the top of each pole. Wiring (incorrect) and incomplete had been installed by the two unlicensed personnel from Relco Electric. I took the necessary information of the two individuals, posts s STOP WORK ORDER with Mr. Jones, told the persons to leave the job site and they were in violation of M.G.L. 141.8, not having licensed persons doing this work, and that no electrical permit had been requested or applied for. Mr. Jones took several photos at this location on my notice, stated that , I, Robert Weston, inspector of wires, the work would be required to be removed. Both workers signed the report that I wrote. 1 r a . r I , '�'. , $M,.,. „i • f Ij} ..... /}rys r i 1f t t I r • y i I b tf I, I0C •• ,les14l w i i , ,. • s • • 4, > q W r}r F': q :fit • r r ''. a : • •• a,' x • • a . 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I pay your salary and you haven't done your job. I pay over $5,000.00 in taxes and I am going to go further with this complaint." I then told him that the Cape Cod Commission was involved and I would notify them and that I would inform the Commissioner and send out a Building Inspector and the Wiring Inspector, which was done. Mr. Wirtanen was not a "Happy Camper", but I do feel thatv we fulfilled our obligation and reports were made to Peter and Attorney Robert Smith, who was in the Commissioners office. / - 7 /z...,i J v ;l (PHONE CALL) i / M 07 A. 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S ©��,g-et ° s ?( (.0°° ( • ..'d R 1 r , ;✓ :.t ` #'" " ..t. r F" • 4 - . � �^ I �-t d ..A.1" 7 ht . i . 4 � p ii ,r t .} � .` t M i� r. aF ,. srG r " r, ... fi°y, ;. ! � 4.f h# Wi 4a.,te * it >:%' -..7i.. b :. ♦ dy_ h. svbr )"an d +•• :: ....,;;, ---�s."„s..;;:: .,;+y,....a, --""'.^ - — '' . --- ,t P.'v---7"ate'`, --- .`-"' � 's""' -'fie-..r' "Rig✓x -e vsg '"" ,.w. ^? yam+ "*'. rk �-rF tip-r,'�,l.-S::,. 4 r c_.. .-^- - _K`.` '."- .Ic �s->-'^y<c" t .nT ,- • sf.er at�'v- 4 f§� _r .a- ...ir_.ez-'�'ti.• L'' }a .�x++4er F1'/*` i. -..-ter ...N` }' aw' "o.- . y� "s.- �y��! ' ,• .,--':' -•.; i '= c'z''1.4? . diµ+ a'' gS3oyS c• i . • COMMONWEALTH OF MASSACHUSETTS. APPEALS COURT FOR THE COMMONWEALTH, AT BOSTON, September 9 , 19 88 IN THE CASE OF MITCHELL STEEGE & another va. BOARD OF APPEALS OF STOW & others pending in the _ LAND Court for the County of MIDDLESEX ORDERED, that the following entry be made in the docket; viz.,-- Judgment affirmed. BY THE COURT, 1 1. tf c : <. l c C/= ViA-t_.i , CLERK. September 9 , 1988 U �oTE. OPLR The origin-i r' t'-- •b;r Neillics!"e .. . .. p�+r:�� :t to M.F.A.F. 23. 75Jo /) JL M. 87-1259 Appeals Court a MITCHELL STEEGE & anothery vs. 9OARD OF APPEALS OF STOW a others. • No. 87-1259. September 9 , 1988. Stable. Zoning, Agriculture. Words, "Agriculture. " • This is an appeal from a ruling of the Land Court that the operation of a boarding stable for horses and a ridilig academy is an agricultural use protected by G. L. c. 40A, S 3. VThe facts are not in dispute. Mitchell and Katherine Steege are the owners of property in Stow which contains in excess of five acres and is located in a residential zone. For many years prior to August, 1984, when the Steeges first acquired the land, the locus was part of a twenty- five acre farm which had been used as a home for ill and retired horses. From the time they acquired the property, the Steeges have used the premises for the raising, training, and boarding of horses; for giving riding lessons; and for the riding use of owners of the boarded horses. The premises have been licensed by the Commonwealth for the operation of a riding school. On August 2, 1984, the building inspector ordered the Steeges to "cease and desist immediately the riding school operation . . . ." The order stated that its enforcement would be "extended" if the Steeges filed for a special permit with the board of appeals (board) . On September 13, 1984, the Steeges submitted an application for a special permit, under protest. They claimed that the operation of a riding school on their property was an agricultural use and, therefore, exempt from the proscriptions of Katherine Steege. The building inspector of Stow and the town of Stow. NVAs an alternative ground for ordering the entry of judgment for the plaintiffs, the judge ruled that the special permit had been constructively granted because the board of appeals failed to take final action within the time period . mandated by G. L. c. 40A, S 9. The correctness of that ruling has been made an issue on appeal by the defendants. Because of • our decision in favor of the plaintiffs in regard to the "agricultural use" of their property, we do not reach that issue. 2 Stow's zoning by-law.. See G. L. c. 40A, S 3. After a hearing the board denied the Steeges' application for a special permit . The Steeges then filed a complaint in the Land Court against the board, the building inspector, and the town seeking a declaration that their use of their land was agricultural and exempt from local regulation. After the trial in the Land Court, the judge filed a memorandum of decision that contained her findings and rulings. She ruled that "the uses made by the plaintiffs of their land . . . are so interrelated that they comprise agricultural use as defined in G. L. c. 61A, SS 1 and 3, and G. L. c. 128, S 1, and are therefore exempt from the requirements of the Stow zoning by- law. " The defendants have appealed from that decision. General Laws c. 40A, S 3, as amended by St. 1982, c. 40, provides in pertinent part: "(N)or shall any (zoning) ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, .horticulture, floriculture, or vitriculture; nor prohibit or unreasonably regulate the expansion or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture, floriculture, or vitriculture . . . except that all such activities may be limited to parcels of more than five acres in areas not zoned for agriculture, horticulture, floriculture, or vitriculture" (emphasis supplied) . The defendants argue that the operation carried out by the Steeges on the premises, which are located in a residential zone, is not agriculture, and is therefore subject to the zoning by- law. The analysis used in Building Inspector of Mansfield v. Curvin, 22 Mass. App. Ct. 401 (1986) , is also useful here. The term "agriculture" is not defined in the statute. "When a statute does not define its words we give them their usual and accepted meanings, as long as these meanings are consistent with the statutory purpose. We derive the words' usual and accepted meanings from sources presumably known to the statute's enactors, such as their use in other legal contexts and dictionary definitions. " Id. at 402 (citations omitted) . In that regard, Webster 's Third New Intl. Dictionary (1971) at page 44 defines "agriculture" as "the science or art of cultivating the soil, harvesting crops, and raising livestock." "Livestock," in turn, is defined as "animals of any kind kept or raised for use or pleasure." Id. at 1324. "We look also to the use and definition of the word 'agriculture' in other legislation because ' (.$)ound principles of . statutory construction dictate that interpretation of provisions • having identical language be uniform. ' " Building Inspector of Mansfield v. Curvin, 22 Mass. App. Ct. at 403, quoting from Webster v. Boardof Appeals of Reading, 349 Mass. 17, .19 (1965) . See Commonwealth v. Baker, 368 Mass. 58, 69, (1975) . 2A Sands, ' 3 Sutherland Statutory Construction S 51.02 ( 4th ed. 1984) . General Laws c. 61A, S 1, inserted by St. 1973, c. 1118, $ 1, which concerns then assessment and taxation of agricultural and - horticultural land, states that "( ljand 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 purpose 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" (emphasis supplied) . General Laws c. 61A, S 3, inserted by St. 1973, c. 1118, S 1, reads: "Land not less than five acres in area shall be deemed to be actively devoted to agricultural or horticultural uses when the gross sales of agricultural, horticultural or agricultural and horticultural products resulting from such uses . . total not less than five hundred dollars per year . " Here, there was evidence, and the judge specifically found, that the annual $500 minimum for sales had been exceeded by the Steeges. There was evidence that, as part of their farm operation, the Steeges purchased young horses, raised and then proceeded to sell them. The saleability of a particular horse depended on whether it could be ridden, particularly by young children. As part of their training, the horses would be ridden by students in order that they might become accustomed to handling by inexperienced riders. The Steeges had sold an average of ten horses a year in the past few years. In view of the evidence and the expansive definitions of "agriculture" in the statutes, the judge ruled that "the plaintiffs' purchase and raising of horses, their stabling, training through the operation of the riding school, and their participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used in c. 40A, S 3." There was no error . The judge's interpretation gives the word "agriculture" found in G. L. c. 40A, S 3, "its plain and ordinary meaning and its consistent and well-established . . . definition in other statutory contexts. . . ." Building Inspector of Mansfield v. Curvin, 22 Mass. App. Ct. at 404. The other issues raised by the defendants are without merit. Judgment affirmed. Paul Killeen for the defendants. John P. Zelonis, Jr. , for the plaintiffs. Catherine Clement, Special Assistant Attorney General, for Massachusetts Department of. Food and Agriculture, amicus. curiae, submitted a brief. r , .r ,v.v._„ rM itiiii #; a,_:.mot, -- s �€, x ,. > t" , 128:1. AGRICULTURE. [Chap. 128.] � r• •°; - t department of food and agriculture. "Director", in sections sixteen to 4 , A :,,,' 4 1 thirty-one, inclusive, the director of the division of regulatory services in 5t ' 4,0 •` the department of food and agriculture. "Inspector", in sections thirty- 6 two to thirty-eight, inclusive, the inspector of apiaries. "Nursery stock", 7 trees, shrubs, woody plants and strawberry plants, whether wild or 8 k' ''` :, I � cultivated, and parts thereof for propagation. "Riding school operator", 9 41 any person owning or having the custody of one or more horses which 10 are let for hire to be ridden or driven, with or without the furnishing of 11 riding or driving instructions. "Trustees", the trustees for county 12 t� cooperative extension service. 13 lti r ' i 128:1A. Farming, agriculture, farmer; definitions. '' Section IA. "Farming" or "agriculture" shall include farming in all of 1 E its branches and the cultivation and tillage of the soil, dairying, the 2 li production, cultivation, growing and harvesting of any agricultural, aqua- 3 cultural, floricultural or horticultural commodities, the growing and 4 harvesting of forest products upon forest land, the raising of livestock 5 including horses, the keeping of horses as a commercial enterprise, the 6 f keeping and raising of poultry, swine, cattle and other domesticated 7 " " animals used for food purposes, bees, fur-bearing animals, and any 8 �'� forestry or lumbering operations, performed bya farmer, who is hereby9 defined as one engaged in agriculture or farming as herein defined, or on 10 11! a farm as an incident to or in conjunction with such farming operations, 11 tl$. includingpreparations for market, deliveryto storage or to market or to 12 p" p` g . carriers for transportation to market. 13 ;'a DEPARTMENT AND COMMISSIONER. Ii` 128:2. Powers and duties of department of agriculture. s Section 2. The department through its proper divisions shall have 1t power to— 2 • CG (a) Execute and carry into effect the laws relative to dairy products, 3 ' animal breeding, apple grading, plant pest control except the gypsy and 4 _° brown tail moths and the tent caterpillars, apiary inspection, and the 5 s, production, storage, marketing and distribution of agricultural products. 6 �' (b) Aid in the promotion and development of the agricultural re- 7 '' sources of the commonwealth and the improvement of conditions of rural 8 '''Y life, the settlement of farms and the distribution of the supply of farm 9 1 f. a'' labor. 10 , ,, h't (c) Establish a foreign trade section in the division of agricultural 11 ' i ., development and investigate the cost of production and marketing in all 12 �'; phases, and the sources of supply, of agricultural, aquacultural, floricul- 13 tural or horticultural commodities, transportation, storage, marketing 14 ;t, and distribution of said products sold, offered for sale, stored or held 15 ;'-:':. within the commonwealth. 16 ' 546 ,.• - ,, : 1 111:125A. Review of order adjudging the operation of a fi :m to be a nuisance. Section 125A. If, in the opinion of the board of health, a farm or the 1 operation thereof constitutes a nuisance, any action taken by said board 2 to abate or cause to be abated said nuisance under sections one hundred 3 and twenty-two, one hundred and twenty-three and one hundred and 4 twenty-five shall, notwithstanding any provisions thereof to the contrary, 5 be subject to the provisions of this section; provided, however, that the 6 odor from the normal maintenance of livestock or the spreading of 7 manure upon agricultural and horticultural or farming lands, or noise 8 from livestock or farm equipment used in normal, generally acceptable 9 farming procedures or from plowing or cultivation operations upon 10 agricultural and horticultural or farming lands shall not be deemed to 11 constitute a nuisance. 12 In the case of any such nuisance a written notice of an order to abate 13 the same within ten days after receipt of such notice shall first be given 14 P_ as provided in section one hundred and twenty-four. If no petition for 15 review is filed as herein provided, or upon final order of the court, said 16 board may then proceed as provided in said sections one hundred and 17 twenty-two, one hundred and twenty-three and one hundred and twenty- 18 five, or in the order of the court. If the owner or operator of said farm 19 within said ten days shall file a petition for a review of such order in the 20 district court for the district in which the farm lies, the operation of said 21 order shall be suspended, pending the order of the court. Upon the 22 filing of such petition the court shall give notice thereof to said board, 23 shall hear all pertinent evidence and determine the facts, and upon the 24 facts as so determined review said order and affirm, annul, alter or 25 modify the same as justice may require. The parties shall have the 26 same rights cf appeal on questions of law as in other civil cases in the 27 district courts. 28 111:143. Trade or employment resulting in or attended by noisome and injuri- ous odors; assignment of places; appeal. Section 143. No trade or employment which may result in a nuisance 1 or be harmful to the inhabitants, injurious to their estates, dangerous to 2 the public health, or may be attended by noisome and injurious odors 3 shall be established in a city or town except in such a location as may be 4 assigned by the board of health thereof after a public hearing has been 5 held thereon, subject to the provisions of chapter forty A and such board 6 of health may prohibit the exercise thereof within the limits of the city or 7 town or in places not so assigned, in any event. Such assignments shall 8 be entered in the records of the city or town, and may be revoked when 9 the board shall think proper. 10 The department of environmental protection shall advise, upon re- 11 quest, the board of health of a city or town previous to the assignment of 12 places for the exercise of any trade or employment referred to in this 13 section, and any person, including persons in control of any public land, 14 aggrieved by the action of the board of health in assigning certain places 15 for the exercise of any trade or employment referred to in this section 16 may, within sixty days, appeal from.the assignment of the board of 17 health to the department and said department may, after a hearing 18 rescind, modify or amend such assignment. 19 Notwithstanding any provision in section one hundred and twenty- 20 five A of this chapter, this section shall apply to the operations of 21 piggeries. 22 FARE BUREAU Massachusetts Farm Bureau Federation, Inc. 466 Chestnut Street o Ashland, MA 01721-2299 PHONE (508)881-4766 o FAX (508)881-4768 February 1, 1999 D�C SV • F 5 ASSS Mr.Richard Stevens,Building Inspector gE -G err' R iae �r� Town of Barnstable r�Ka�rant� Dept. of Health Safety&Environmental Services -c3�;....--- Building Division O�NG 367 Main Street �V\L 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) 26Mass.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. Plea :-1 free , contact me if we can provide any further information on this matter. Sinc,' / 1 �� ., 1.1/ •• ,, Dou_1 P. 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 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 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 ei Inn e I en n -��� v -/ /-7 a4-:, j)Jrn ICJ I-e nn-e-� f7j> �' ? -i r 1►�i n w. r Da V► tD 7 i1 ni n —z- ) ma. 'rmeC_ittr acd L. 9 CAI 5 . ee, J a R.o-,re e frt. g-reol-c-e. m/Ai igorivs irehk C�h axra. Uvdo ev = o,li 5I', w Pamest4k uJCSS 0 S tto_k* , �r tom ;�� %Sr. iNt e_c7_ ..2/o 5 s"; - gAA-iS-74-gtc f v►1L,S 1MA S. ot *"4•a v. -W.rowml'»IL( L-,�, _ 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 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 Signature Address � L_k k)6‘,1A‘sk._, . � l (1) . Lbw q 3cmkuLotAcAri_ w .sovil _1 �//l��•�� oiagie tz."-:‘,eh p fit. i a 9 v ad i e'°,moo w. 13. �I,�. �cb �, r�;�/•/r� to-� 0 September 10, 1998 VON OF BARR�STABIE. Mr. Tom Perry WiLp1NG DSPT. W. Barnstable Building Inspector 5 �9g� 367 Main St. SEP t Hyannis, MA 02601 Re: Brenda Cillis Dear Mr. Perry: As a long time Barnstable resident and tax payer,there are a few issues I would like brought to your attention: Mrs. Brenda Cillis at 2051 Main St. W. Barnstable, is currently operating a riding school on her property, she is not zoned for commercial use. While giving you falsehoods that she only handles children that are handicapped and have terminal illnesses. She advertises at United Farm and Pet Service in W. Barnstable posting her fee schedule. There is constant traffic in and out of her property, it is rumored that she is not licensed to instruct the children in her school. She offers no sanitary facilities for her students, suggesting they either urinate in her stalls or defecate in the woods. She provides her students with bicycle helmets, not the mandatory riding helmets used for safety. She instructs a number of students at a time, (up to 10), when an licensed instructor would know each instructor has no more than 2 children at a time. She does not have her horses up to date on their shots, which could then pass diseases to her students. She put a paddock up on her property without obtaining a permit. She is now intending to apply for approval to construct an indoor arena to conduct her business year round. She denies the fact that she boards horses at her location. There has already been one individual injured on her property with a broken arm. These issues should be addressed immediately,to ensure the well being and safety of Barnstable's children. Sincerely, A Concerned Barnstable Resident September 10, 1998 Mr. Ralph Crossen BUILDlik c Zoning Compliance 367 Main St. D I 1 5 1998 Hyannis, MA 02601 E5 C 2 a L5 Re: Brenda Cillis Dear Mr. Crossen: As a long time Barnstable resident and tax payer, there are a few issues I would like brought to your attention: Mrs. Brenda Cillis at 2051 Main St. W. Barnstable, is currently operating a riding school on her property, she is not zoned for commercial use. While trying to pacify your inspector Mr. Perry with falsehoods that she only handles children that are handicapped and have terminal illnesses. She advertises at United Farm and Pet Service in W. Barnstable posting her fee schedule. There is constant traffic in and out of her property, it is rumored that she is not licensed to instruct the children in her school. She offers no sanitary facilities for her students, suggesting they either urinate in her stalls or defecate in the woods. She provides her students with bicycle helmets, not the mandatory riding helmets used for safety. She instructs a number of students at a time, (up to 10), when an licensed instructor would know each instructor has no more than 2 children at a time. She does not have her horses up to date on their shots, which could then pass diseases to her students. She put a paddock up on her property without obtaining a permit. She is now intending to apply for approval to construct an indoor arena to conduct her business year round. She denies the fact that she boards horses at her location. There has already been one individual injured on her property with a broken arm. These issues should be addressed immediately,to ensure the well being and safety of Barnstable's children. Sincerely, A Concerned Barnstable Resident 8/slay cZ� e .oN.e w� 6�e-nds� . �i,,q.,-^n�c� abw3-- � ,amt ,ALouoict 9/iY/9t eaea :RrutLCa. . „te_a4Le_, Ati-ncs- 3Pit z66- ap4-eiva 6t,L,k4,/ 0,6 c4--C gn ee� w�sel ate+ �jowu-0, • .s.` .., . .-may Lo rfiD zr.lntS D< 7/ 7/9,- Complaint Number: Recc.t.-red To: /�7 Taken By: Bax:rr Bess/Occupant Name: Number: 'G ?S Street: •�%� �,,U /ete,77__Vil a;e: Map/parcel: Complainanes Name: a---r6-04-rf--el e•--04--41-14-r--€4) Address: Telephone Number: Q/ Complaint Description: /.5" Ge-U Actions Taken/Results: Date Closed: SUPERVISOR SIGNATURE(IF NEEDED) az.ate ,Q, .5.„-a ,5 c__0-- p(AtAx-r -7(g-friCIY oF-e, —,ReA)044- Ct (f r ) IL- ©_ Q e_ ( S- (r. )25Q 5 -r `5 u w2-t---( S 6 `' (.1 I -) n (� � �0��7 2 CQ� ,co2PA(i �T SLe_ c cJcQN r ka2s� �C cX t _ t, SCAe 2-e cr e v e re c J i:), `cX 73 K * i CA)O O4 SA9 ,�q 5�e � � 2 u pdA }F o,, ,, ti 20 a(Q�-5 rt-D (e�� � �a5 uJ t°-k ft�ck l �D� C 4' RAP�J rrz4c J �� 9 P i skp c OC ?-9 l /vl ©u r � S rTk 4�O—� ��tT vs.) l 01' t O(o a 08-3 r -' � d - — li , 4 . i --— ,42.az Loz Za fti Ai 191.42' —--— tt1 3-' 0 Nam. \ _ �:l F . m �o • M0 I• , \QcriLIM bt.42TF►A E. � '' _ //3.5t C3SA 1--A. en 04•g4• i m Lo-r Zg 1 In s.ZLc- 0 - N 1 1 y6.95. g 380.78• A it'' GOMMa+-i laEALtH of M4554cHv5E775/ Ci 1 �/ 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. y��pv•, vF Mossy. .o� JOHN \ down cape engineering NoE;W`E I No...�so2 a CIVIL ENGINEERS ,L`9� ri 1 LAND SURVEYORS / / �/i''i �d l i i ROUTE 6A YARMOUTH MA DATE / - --i SURVEYOR / Engineering Dept. (3rd floor) Map Parcel � Permit# CIS / , / House# c7W57j, Date Issued (I� a-96 oZ Board of Health(3rd floor)(8:15 -9:30/1:00-4:30) #FF-- /1 4/ ee #'/70 'So 3 Conservation Office (4th floor)(8:30-9:30/1:00-2:00) 11 2 /6b��/ �Pen ,, Planning Dept.(1st floor/School Admin. Bldg.) d t11E 1p,,_ Defin' ' ' . • •pproved by Planning Board 19 � '' ',�{., BE 0, ^�' SYS �"� Ate. TOWN OF BARl�dSTABI Ei WITH Tt Building Perm' lication �,�6V'1RoRl�flEl�l°TA9�.CODE. �h9® Pr•'ect Str-- Address ,_O -4 °6®i�Yl `REG�39.P.`�l® 5 Village &f Owner -�, L altz,LAddress Telephone ,3 - /S'6 o Permit Request /Cc )ciz.e..‹..) First Floor C Obi square feet Second Floor J.,1 square feet Construction Type e a eL_GU i-4,4-vve-12.--- Estimated Project Cost $,1-5-787)7) Zoning District R� Flood Plain Water Protection Lot Size 7 Grandfathered ❑Yes ❑No Dwelling Type: Single Family a Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House Li Yes Li No On Old King's Highway Li Yes ❑No Basement Type: Edull ❑C awl Li Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) •••--------- Number of Baths: Full: Existing ,Z New Half: Existing / New No. of Bedrooms: Existing ',t New � Total Room Count(not including baths : Existing r New First Floor Room Count ,/ Heat Type and Fuel: Li Gas it ❑Electric ❑Other Central Air Yes p'�io/ Fireplaces: Existing �--Flew Existing wood/coal stove ❑Yes Garage: etached(size) c7t �a/L- Other Detached Structures: ❑Pool(size) Li Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes Li No If yes, site plan review# Current Use Proposed Use .� ��� // (' /1' Builder Information / 4,Gda1f S' J (, 4,,., Telephone Number rO 8---e?7 OAT 3 . , Address 3 IZ C/G ense# GS- S6 7 3 7 - .... . f ySG�-,,,6.4.4.(.i„, , ,`'t"- a 5-37 Home Improvement Contractor# 7 / *-7 `7 0,5 Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO V- e SIGNATURE ATE_____/ .2 G BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) a FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE I OWNER DATE OF INSPECTION: FOUNDATION i E (N 9 P FRAME 5/.�/9.? INSULATION //// /// FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING • 5 x: v� a DATE CLOSED OUT ° '`�/,�9.7 9'1 tt ASSOCIATION PLAN NO. rt • �. • The Thwn ®f I:aIrnstab e BARNSTABLE. � �� Department of Health Safety and Environmental Services rep Meg" Building Division 367 Main Street,Hyannis MA 02601 , Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner For office use only • 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: a Est.Cost \S Ph) Address of Work: 2D,5 / _ 6e.. L Owner's Name V 9 Date of Permit Application: //— % — 96 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 a of the owner: .1/ -a/-96 1/77& r Date Contractor Name Registration No. OR Date Owner's Name a► 1.• Tile Cotrttrro»11'cultll of ilassaclrusetts '.: • y j 1- 1... i t•y D�partnrcnt oJludustrial.4cciJurts • - Officeollmest/gat/otts �- i.w fq ;\ ;il, �i ;4+' 600 H'oslrini;ton Street Ti...N. - - ' +. Boston, A1uss. (1?111 Workers' Compensation Insurance Affidavit gppaa tnforntation: — — —Please PRINT lentjy ._. pame: Jorttion: City Mont:if inI am a homeowner performing all work myself. I am a sole proprietor and have no one working in any capacity _ _ 1 .s.=r...ww..y c."= :'^T•"='�r' • ,..---rsws7`s.�.�^'�,.,r-..�.•- _ _ �' ._ -. . •„�L...' ,Y.�..�•�=Y��_ Q I am an employer providing workers' compensation for my employees working on this job. comnam name: • address: s, • city: • nhonc#!: • insurance en- moiler c __ ... . ,•r... .-q+.,..—.....�++w...t--.....'�'r a+�.. ... ... CI I am a sole proprietor �� a contracto r homeowner(circle one) and have hired the contractors listed below whc the following workers ensatlon polices: 6 �ompam• name: m 5, siki_Li v/f N A- c NT I c.S ..7-''pddress: 333 tAii-K&W._ Y 1&&-'7?NG 's = 1Z•1) . -it •��. ,,A�/DW te-H- //t 0aS37 �rthonc ii: $3�— F&n73 Pa,�e�c 170 1►4b / ,fp insurance co. ,� C _ �t policy e zioZg 3 5�/7—00/-anal • company name: Address: city: nhone it: insurance eo nolicv d 'Attach additional sheet if neeci .•• 7:7w..z :'.`.'..�•r `.,`_."..''..• ''Lr�.1'`".3.15;is+".:�-..�.`n. % ,�,.-__��..�_-__-_-_ ir--. ��/!.M •..YES.. Failure it;secure coverage as required under Section.SA of 51GL 152 can lead to the imposition of criminal penalties of a line up to 51.500.00 ant one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. I understand th copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do Jerebr certij•sinner the pains anti nalti of perjury that the information provided above is true and correct. . Date ///Mo/. 9 C �,'• Si_naturci .�. � ,Arint name / ""'G4' ( C- CZ/ v/e ti Amulet t 13 g-1,--• fet.olTicial use only do not write in this area to be completed by city or town official "' "' city or town: • permit/license N fliuilding Department oLicensing Board check if immediate response is required Selectmen's Office °Health Department contact person: phone!t: _nOlher M • ,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 and contract 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 the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer. or the receiver or trustee of an individual , partnership, association or other legal entity, employing employees. Howeve 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 dweilin, or on the `_rounds or building appurtenant thereto shall not because of such employment be deemed to be an empi MGL chapter 152 sec\ion 25 also states that every state or local licensing agency shall withhuild the issuance o renewal 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 chap: been presented to the contracting authority. Applicants • Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation a supplying company names. address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation 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 req:: 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 botto the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be return 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 queE 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 of Investigations 600 Washington Street • Boston,Ma. 02111 `1- M 5 �- SLaa-FL:v g,re_cY*) roJ3� eas' h 10 k:4-e f ;he . �} ��`1111 / 5e 3/g oaf, . 3�X y ,p ors , �,. 3�`' 4 . C . ._ Cross ad':b \ /‘0% 3ca(Q — • ,4.- +r f-c.i- 6ac,5 , P--- \ i IZ <Y 510 I �-°�,�,5 9 Lye% �.� 9 X 9 . a � \ ..../ \ , .12c.-- \N't i i s %), 6(k,--— \ G X l0• , :' ,t, \\ fo X iv .., G XI C. = - i• �k y ' - yxM a yxy six`} LL`l '4 O San • e ;Yeud-�e°1 • r. , sitk i , -I z. 'I' 1KS 1'16 76 bx . __- �, D \� A W yX1,t�°�5t5 vAD ��a®,f. ' x 100 I TO .x 'a x 61(10 • D 4/ o ,o ` p ' .� n ^ ^ No ✓110 • }( X rf� ��; , (o}vim bXI� by-r1 TO _ 7 X�1 f7yi —"' ._.-- • el ( 0 re: Ian 1 i Lie 36x00. u? - Lac?_64 (/ i 1 y x;b • / // o'`J i ail \,y ,, . ),:'''vte- 1 K\.1. -----v--00 . L \ , . (LAID ti x ID - - , ,.\\ 7// \\\ 4 c). 0 \ i- --k- 14.Y �� u Li \p lvrk'c reSS'',1 S'\ .., %al -----t--- 1 C)' 2 C.\fo ss 5c+ `Z Vv-covovtCCA It ),5 G . \ Gs 11-4 10. 7h1C1 \,YA I.x at • ,.._ 6 X4_,_. Gt.11 . k - , a, a t . 1 Li xb Jo51-5 / �- 47 V :To 0 a v + A. \t‘l-t` l'4 Ti-4 i _ tee —±-- m.' --f----_ Id( i-,,, , tAct �. — ''06 ,. - S c , . iv qt3 . Sco,le V3 ' Ie j:,:„ `{ (_ . r(7' )o *`5 -o 7- otgts / 2X1O Ib"o.c, 6olt�d W5e-. '.G- . . . I vi 2Xw i4L L \;hs / i is b I6, f 1i �/ I 0Q 5 Ae_4,,c1) r 5 5 P g►;P S 1 Pp�S P GN S. �.� ;:. 0:Pam,NS • . bpi H00'to- . 1 •s ' Old- Kings Highway Regional Historic District Committee in the Town of Barnstable for a6441-1/At - ' 96 198 CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, 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: New Building D Addition ❑ Alteration Indicate type of building: ❑ House 0 Garage ❑ Commercial ❑.Other &al.) • 2 Exterior Painting: ❑ 3. Signs or Billboards: 0 New sign 0 Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence 0 Wall ❑ Flagpole ❑ Other ' (Please read other side for explanation and requirements). .. TYPE OR PRINT LEGIBLY DATE ADDRESS OF PROPOSED WORK �?Os / /97Ccin .S _A/ 8a//2-4-44 ASSESSORS MAP NO. 2I12 476 OWNER VI r h" V e' //, 5 ' t�Pnc/(4 ',,,,. , ASSESSORS LOT NO. 0'7f A/ -- ` v z ' HOME ADDRESS �� 5'/ /l�/Gz/) ST �i�s h-�Lc.� �/� TEL. NO. -94.,Z"/ ‘'' 2- FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). \ ——�FVk li,tro,t i e L e w,s . 20 SC Itn n/,) 5!, W. 6r205�15 s`21 S' ? . i /21/1 S• /'//• /6,.. /u2,-7-ey LU'i M iv/if 5( w.l34.1..,sf4( tt 36 2. rc'-9 - /2 L' CE)---n.--)-)c.cn,Iy ('v//.Kf,C, (-LTC /3Z i✓ Sr)AA/SirnPs-4c — 3ba.. al > / • • 1,4I /-/ia 19Th( I1A II-1,J SI- Ii, 6094454-14 Le. — 3 0- 3 Ff y - /'2,7. ',7-7,er. 5 -yS711,,,- �2 '114,',n,J(Lot — Liu•cs ea— : I.i 6eItlI5 M. 1-a,L.. w .NuSrn GZ _ 3(+Z/y3: AGENT OR CONTRACTOR c TEL. NO. ??1 21-9 3 ADDRESS 33 0I.4 l i'6„%, 4L iL t X ,,,e,vi, • 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). • CLAJ C hil S (i<.I.. c. o c e Lw ,4 Sec 5f� (T �'�rrj� �$ £ ��°;i'4 ,41 I 1 ' ,� Signed rtjetOwner-Contractor-Agent �Sgace below line for Committee use. •M a5eceiv d b i D:�tC---- - n 6 - - Pate '%= The Certificate is hereby l././�,2a'V '72 Date ,/ �O7 Time 14 -14) al ..,„i f." . Approved �❑ ' IMPORTANT: If Certificate is approved, .. •pr'••' l s•elect to the 10 day appeal period provided in the Act. ( ' • ) Town of Barnstable Old King's Highway Historic District Committee SPEC SHEET . FOUNDATION C CALIC (ii_?cL4l& (l 1, SIDING TYPE J 1,g, c�.r 1 0A4..1Q COLOR -34Ap"k 41iP C-.. dk417 CHIMNEY TYPE COLOR • ROOF MATERIAL I5 \ JX . COLOR t 44I.;Ca_ PITCH 1� WINDOW p teLAA SIZE T X 5 3 k47( TRIM COLOR WL, r( DOORS UJ g O k e Q i 1 COLOR � SHUTTERS COLOR GUTTERSU-Ltil/V DECK GARAGE DOORS —C COLOR SIGNS COLORS FENCE 7"J ( elLt lost,c3 COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application, along with three copies each of the plot plan, landscape plan and elevation plans, when applicable. Site plan should show all structures on the lot to scale. SPECSHT r • T . RO UE 6A N •o7'zQ1,E 8150.00 —. ►, L=152.51' .4.•04 R=92 71 •1II". i 4.u� 0, „E '.•lo Icno 6� ' t `-- .2545�•-• l• N76 11 ,..--— c z0 h % �11. , by 1. wtti 4 .\ LOT 2 LOT 1 <' LOT 4 W NI •k%' ,i. 7:: li �i o c 8Q I 50��1 O3_4 -_,�. `` " . r'' 0.4 �g v zs •p 18 , _ ��� 3' 8 ,E ' tit. *". ...":“.'" 1 *\-:,' i i.4:.3;i i CAR 1 CAR•i A .: _.1 t10 16.1 / . . . " . . PORT �iiii 11 O p ` t + 2051 % p�, r tt 0� i///� ,/ � .� �- � �vz Off. � 11 .` • WI NOT 7'0 DETAIL_CALE To'114 ... -i , `i�`� ' 1601 1 • . . 1�: - 11 _ .,;.t ,-• �,.-- - :_ � �� ..°A COMMONWEALTH OF MASSACHUSETTS - , 0,d l i53 ._ " This MORTGAGE INSPECTIOI '.P1an. s.For FLOOD ZONE' "C.' ,. RES. ZONE: RF Bank Use Ont.- TOWN: _IY.E_T_B FiN TABLE REGISTRY OWNER: F.E1IRF1ELD_AFELLI44TE' DEED REF: £ 5/LLO' -BUYER: _2&QE_J �4c..64'EN1 L.M _C1LLIS'_—__� DATE: �2Z 2 94 PLAN REF: _38,2 7 ___.s,, __ SCALE:1"= 150 FT. -I HEREBY CERTIFY TO EdPE_C'QLLBANK_�'_IBiliST CQ—_ t OF ITS SUCCESSORS AND/OR ASSIGNS THAT THE BUILDING �.''�'pAUL G YANKEE SURVEY SHOWN ON THIS PLAN IS LOCATED: ON THE GROUND AS ,/ a 'A - CONSULTANTS SHOWN AND THAT ITS POSITION DOES ____ CONFORM TO THE ZONING LAW SETBACK REQUIREMENTS OF THE a 44 40B INDUSTRY ROAD TOWN OF ___BARN3TABLE__- • AND THAT ! , , MARSTONS MILLS, MA. 0?348 IT DOES_NQ2_ LIE WITHIN THE SPECIAL FLOOD HAZARD ' TEL 428-0055 AREA. AS SHOWN ON THE H.U.D. MAP DATED... �-9,/_ _ '+;.:,t IA0 " FAX. • 420-5553 Co --u 't .. P: -1 ; 250001-0005-C W t, 0 r--'- THIS PLAN NOT MADE FROM AN INSTRUMENT 16097 •• GGM ---- SURVEY NOT TO BE USED FOR.FENCES ETC. PHOTOGRAPH ADDENDUM Borrower/Client Cillis Victor J. and Brenda M. Property Address 2051 Main Street ----- - - - - City West Barnstable County Barnstable State MA ____ Zip Code 02668 --------- ------ - Lender Cape Cod Bank and Trust Company_-- South Yarmouth FRONT OF .' ''.'5•'•''''''' ,O",A1-:'7'-74:1t-^A4..1l•tt- ,rTt.'i,1.-..1-1t-•i.... f;t n:r:• •.. ,4.4... . :fp4- f4• k2.r,•-•,T:"..,.. . SUBJECT PROPERTY , '4‘. ."i. • -•...S. 4 ,,, 'r'•.4,...-..,• „if ' •,./..:t 4 ,c pstg.:,•=,,.-,'-• • , ' 4r. . ; . I. ;4 't .4,;iik., /ol ' i' L'.•e .:. .4....,, .s: ,:v.i . <• • ,,1;-i..• "tetT.N.'S,,''• , ,- 4.'44 .`1; e ••:, 1 —.NA, ''.it'' '4 A. •° . ., \it . J4JOL 1444 . Of ....-.....-•, , ,i 4''' ./&._._1, g' ‘• i' . '..::4.VA.... 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NSTAi639 Town of Barnstable Zoning Board of Appeals Decision - Notice of Withdrawal Appeal Number 1999-71 -Tri/Cillis Appeal of the Building Commissioner • Summary: Withdrawn Without Prejudice Applicants: Brenda Tri and Victor Cillis Property Address: 2051 Main Street, Barnstable/West Barnstable Assessor's Map/Parcel: Map 216, Parcels 076W00&076B00 Area: 5.19 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal is a 5.19 acre lot commonly addressed as 2051 Main Street, West Barnstable. It is developed with a two-story, 4,088 sq. ft. single-family dwelling and an accessory barn structure. The property is currently being used for the raising, keeping and boarding of horses. In addition,the applicants also offer horseback riding lessons for both horse boarders and non-boarders. On February 5, 1999, the applicants were ordered to Cease and Desist the use of the property as a commercial riding academy, as defined in a letter dated February 5, 1999 from the Building Commissioner. The Cease and Desist order refers only to the riding programs for the public area not associated with the purchase of a horse. The Building Commissioner has agreed that the raising of horses is agriculturally exempt but is of the opinion that providing riding instruction to the general public is a commercial endeavor that is not exempt from zoning. The applicants are appealing this decision of the Building Commissioner. They contend that the property is a farm used primarily for the raising, keeping and boarding of horses, and that the use of the property for horseback riding lessons is incidental and accessory to the primary use. They further contend that this use (both raising, keeping and boarding horses, and offering horseback riding lessons) constitutes an agricultural use that is exempt under Section 2-4.1(3) of Barnstable's Zoning Ordinance and under Section 3 of Chapter 40A of the General Laws of Massachusetts. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 8, 1999. A 60 day extension of time for holding the hearing and a 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened June 16, 1999 and continued to July 14 and September 01, 1999, at which time the Board, per request of the applicants, granted a withdrawal without prejudice. Hearing Summary: 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 definition, 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 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-71 -Tri/Cillis Appeal of the Building Commissioner 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. Board Members hearing this appeal on July 14, 1999 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 explained that since the Zoning Board of Appeals Hearing of June 16th, she has had discussions with the Building Commissioner and she has outlined in greater detail the operation on the site. The Building Commissioner had requested an opinion from the Legal Department, which he received earlier today. Based on her conversations with the Building Commissioner, when he received the information from the Legal Department, he would be revoking his Cease and Desist Order in which case they would withdraw this appeal. The Building Commissioner did not have an opportunity to review the letter from the Legal Department before the Hearing tonight and therefore Attorney Molloy requested a continuance. Attorney Patrick Butler addressed the Board. He has been retained by some abutters (Troutman, Fenney, and Mason). He indicated there are still a number of outstanding issues and he would endorse the request for a continuance. The Board decided to continue Appeal Number 1999-71 to September 01, 1999 @ 7:30 PM. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-71 -Tri/Cillis Appeal of the Building Commissioner Board Members hearing this appeal on September 01, 1999 were Gene Burman, Ron Jansson, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn. Brenda Tri and Victor Cillis represented themselves at this hearing. Ms. Tri addressed the Board and reported she had just received a letter(dated September 1, 1999)from the Building Commissioner. The letter states ...."We are of the opinion that Ms.Tri may withdraw her appeal and accept the fact that the cease and desist was in order." Although, she would like to request the appeal be withdrawn, she did not accept the fact that the cease and desist was in order. Mr. Cillis and Ms.Tri have been talking with the Building Commissioner and after some discussions and submittal of paperwork he told them they were in compliance and they came to an agreement. Based on that agreement, this letter was written. She accepts everything in the letter, except that one line. The Building Commissioner was not present to answer any questions. Attorney Butler addressed the Board. He has been retained by some abutters (Troutman, Fenney, and Mason). He reported that they have tried to sit down with all parties and come to some kind of agreement. They have made some progress, but all the issues have not been resolved. They may need to bring in a third party to help with mediation. Although Ms. Tri did not agree completely with everything in the Building Commissioner's letter, she requested this appeal be withdrawn without prejudice. This is done with the understanding that if this cease and desist is reissued or any other cease and desist is put in place, they have the right to appeal that to the Zoning Board of Appeals. Decision: Per applicants' request, a motion was duly made and seconded to allow Appeal Number 1999-71 to be withdrawn without prejudice. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1999-71 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 Town of Barnstable Planning Department Staff Report Appeal Number 1999-71 -Tri/Cillis Appeal of the Building Commissioner Date: June 8, 1999 To: Zoning Bo f Appeals From: Approved By: Robert P. ch , AICP, Planning Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner Applicants: Brenda Tri and Victor Cillis Property Address: 2051 Main Street, Barnstable/West Barnstable Assessor's Map/Parcel: Map 216, Parcels 076W00&076B00 Area: 5.19 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:March 8, 1999 Hearing:June 16, 1999 Decision Due:August 15, 1999(includes a 60-day extension) Background: The property that is the subject of this appeal is a 5.19 acre lot commonly addressed as 2051 Main Street, West Barnstable. It is'developed with a two-story, 4,088 sq. ft. single-family dwelling and an accessory barn structure. The property is currently being used for the raising, keeping and boarding of horses. In addition, the applicants also offer horseback riding lessons for both horse boarders and non-boarders. On February 5, 1999, the applicants were ordered to Cease and Desist the use of the property as a commercial riding academy, as defined in a letter dated February 5, 1999 from the Building Commissioner. The Cease and Desist order refers only to the riding programs for the public area not associated with the purchase of a horse. The Building Commissioner has agreed that the raising of horses is agriculturally exempt t:ut is of the opinion that providing riding instruction to the general public is a commercial endeavor that is not exempt from zoning. The applicants are appealing this decision of the Building Commissioner. They contend that the property is a farm used primarily for the raising, keeping and boarding of horses, and that the use of the property for horseback riding lessons is incidental and accessory to the primary use. They further contend that this use (both raising, keeping and boarding horses, and offering horseback riding lessons)constitutes an agricultural use that is exempt under Section 2-4.1(3) of Barnstable's Zoning Ordinance and under Section 3 of Chapter 40A of the General Laws of Massachusetts. Staff Review/Comments: The site is located in an RF Residential Zoning District which only allows detached single-family residential dwellings as a principal permitted use of land. However, the keeping, stabling and maintenance of horses are allowed in all residential districts as an accessory use subject to the provisions of Section 3-1.1(2)(B) of the Zoning Ordinance. Paragraph a)of these provisions requires that"Horses are not kept for economic gain." However, the applicants are not claiming that the present use of their property is an accessory use as defined in the Town's Zoning Ordinance but rather an exempt agricultural use allowed under Section 2-4.1(3)of the Zoning Ordinance and Section 3 of Chapter 40A of M.G.L. Town of Barnstable-Planning Department-Staff Report 4 Appeal Number 1999-71 -Tri/Cillis Appeal of the Building Commissioner Section 2-4 of the Town's Zoning Ordinance- Unrestricted Uses-allows agricultural uses in all zoning districts. While the Town's Zoning Ordinance and Chapter 40A of M.G.L. do not specifically define agriculture, the meaning of agriculture has been defined and clarified by the courts. The courts have ruled that the raising, keeping and boarding of horses are considered exempt agricultural uses under Section 3 of Chapter 40A of M.G.L. The Annotated Laws of Massachusetts includes the raising of horses in its definition of"farming" and "agriculture". Webster's dictionary also includes the raising of livestock in its definition of"agriculture". The applicants have submitted several state definitions and court cases that deal with this issue for the Board's review. The main issue before the Board is whether or not offering horseback riding lessons falls under an exempt agricultural use. The applicants specifically refer to the Steege case. In this case, the Massachusetts Appeals Court ruled that offering riding instruction at a farm primarily engaged in the raising, keeping and boarding of equines is a permissible incidental and accessory use of an exempt and permissible agricultural use under the state's Zoning Act. However, as stated in his February 5, 1999 letter, the Building Commissioner has made a determination that the applicant's operation of a riding academy is different than the Steege case. 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BUFFER _____. -- •220 ,...--..,._.. -- ' .-••' /la .. --N , ', /• a . , ..) ( ... .. .." ‘• , ..."" --••• ------- ,--"'-> --z..._,-- - ""--....... ........... /. . . _ ,,. MAP 216 PARCELS 76W00 & 76B00 N BRENDA TR1 & VICTOR CILLIS W ,..... ,:„, s SCALE: 1"=200' rropertyLocation: LVD1 1vIALr JI DAMN b1AWL m.ar-l r: Ll0/V/0/DVV//' Vision ID: 15441 Other ID: Bldg#: 1 Card 1 of 1 Print Date:06/0911999 ■,;�,//',, //�, s . „M1 IT:: IA II.' a U' iti yC, ' ; ,,.,.' v„li�: ,�;,., �"�lI�N�I4 t.:' 3.n„ �4(�,� ,:..r3.;:. s: y�, i.� rr�E:. '� r ,�������. . � .•.s:..s�ur,3..e,4s,c..>�` „xa2'�",'�,-.na:, .....ll>��i^,���'�s.� te�usr.� a»�.� # ,,,.,,h::;�•y�i=�,'i xa �.�. ..,,�rd.ts l&x�.d,v, m� .,' w�r .. .�x:4 +,�<x.^;r�,s�'. t4A. ,�, t�c��� m, ZILLIJ, 1 i ui o&BREI DA M I liescrtp ton o e �aised.. ague .4ssessetl alue Ht:S LAND 130U 16,000 16,000 801 2051 MAIN ST W BARNSTABLE,MA 02668 Barnstable Live,MA ccoun an Tax Dist. 100 Land Cl# ' Per.Prop. SR L R \�VI\\V/TIISI®�1T Life Estate 11 #DL 1 LOT PT 3 Notes: #DL 2 GISID: Tot 16,000 16,000 .:': -;':I1BLTUR0:UP UWNLKJH/P ' glfYf9L/I'.4F,'g JALADA,T,4.,;glop vY JAL'��L'11It,E lL ,�,.o,.. . % kw-TfOtl11?tJcJL''JJI{IBNIJ`{HISl-IlLqr. CILLIS,VICI OK J&BKENUA M 9499!308 12/15/I994 IT V 405,06C L- Yr. Code Assessed Value I Yr. Code Assessed Value Pr. Code Assessed Value FAIRFIELD AFFILIATES 9265/104 07/15/1994 U V , 283,00( A 1999 1300 16,0Ud1998 1300 16,000 ' SHUCK,WENDY B 6799/103 07/15/1989 U V 1 A SHUCK,GERALD G&WENDY B 6179/184 03/15/1988 U V 1 A SHUCK,GERALD G 4955/185 03/15/1986 U V 165,000 .N ELLIS,BRUCE W C 4787/221 11/15/1985 U V 25,000 N I Total] 16,0001 b eat: 16,00q Totali 26,800 £YIMP%IUNJ ; U K A:J 1JMLatG0IJ 'w This signature acknowledges a visit by a Data Collector or Assessor .J"a. �, ... i. x�4 s..:= „5 ,. 1,, ,v,5efY, �,a£'�£'issam ,"k x ate.hw,c axstw,„>yy �aa�. , � 'Y��s zt-�?* _ Year - ' type/ escription amount bode liescrtptton lumber mount Comm.tint. ry"" s warV:. itesti i Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 Total Appraised -. ,g. Ap r lsed Land Value(Bldg) 16,UU 0 rStitA al�� i i::ii. ; l gg,c v ,, - ' sY� ROMP'zI .: ' s .r . e�� "7: aS • Special Land Value Total Appraised Card Value 16,000 Total Appraised Parcel Value 16,000 Valuation Method: Cost/Market Valuation Net Total Appraised Parcel Value 16,000 ,, a« -. :>•, , . .,r.„ ��Jr ,,,r ; , -Ins" . Iva, P:, ... s:. e. alb :� ,� ;k g.,Y r 1.,,, . .vim.,... g� ,v r f a, : .., s s ''�., '� 9. �,:.. N.. .a.„ 1 �. �„+. ,� , v�..> �..d�a4a+�1:� it'sa' �°e�`, l;r,a -„n �� »'�R.w �ns�.,s"'<,.. ,��' i•,L.�u{� �p;>,.6 >>",�R¢'ermir,L " ..s, e „<,;<,, ..p: td s;..x,;, .hk'.,,.,�. �s ..,.. — �.f< wo�2...: insp. ° - .. . ., .'+ a �� ?u e/Resuit ermtt�L� Issue late Type Uesenptton Amount l ate o mp. e omp. ILommenls ale 1 l C rpos esu t 1 ..... .. .. .r _.. �.. , . .M .a 4 x _ . . -M...., u N ex�' �. ,: ,A ,t , .->s P's y-6N a'.�m., ,.o-.....,, ;.. <..:. >W, :.?x Ms, s=. ,r .....Y.a Z'.. r., s' s : , .... 1 � d, j.o...:�.. ... .2: *f � .. .- 'A. . 1 �.:y""+ .k� .:� .,.., 'y ,i, „ r.... ,, .:{.., ,. .. : .f' ,. tt c .S. 'a``l, V{'Y'a rrdd'' 4WsW"i' 'N.': tt r VisS'..; .x,.., ..., r. T...,.:� .. s: .3.:.. t.� �.. ,, x 2 y. T1�.. 'r a,: f a', r. ,. �.-: :, 'ff., ,. ...., �^i a 5 .., ,.: ,. Y� .>.:,.., , .,. .�P',.:x', .... ., .... , Pk.„" � rx",�, N � S. .,.., a ', .. 5R ,.. ,. 1 3, .bn. Fs ...Zvi, .o3,Lan— h., v,.;�:;,.., ,, :"., $ 'a,. . ,. �. m �.,.... <.. ... ,. ._' n ..'N�,.s> ..•iF%,�, '��u. -�,. ,n..�a, sue.: M,ak x� ,w. >..M, n ..�<��. 3. �+ ;�.�a"".Y::fir .;�b��:- . , ;., ,s:..�:�e3.d, ,�:fin"m �:, ,.;1 t<,:�...,r.atksa ,.,,.. ���>..,nrr 3,� �i.t�a.s,..,a ..,,t.�.r �,.. �.,. ., a. .,d �,: .'�rr�..;..a+ y��° <. : ,,. tie B#f Ose Cade 1 Description 1 6one 1 D f trontagei Dept); 1 netts I���lrtce1 �1'actor J.1. t. actor bla r t j,1 Notes-Ad) pieta "demi I Adj. &tut price ( Lan aue 1 1300 ac Land 1 5 2.15 A 16,500.0 I.UU 5 1.0 80AC 0.4 YCL(5.,U14)Notes:14 lACRE 7,425.00 16,000 T. i7 Total Land Untu 2.15 AEI otal Land Value 16,000 rruperryl.ocanon: ZUD11VIAINa,11SAIIII IAISLI; MAPID: 216/076/B00/I Vision ID:15441 Other ID: Bldg#: 1 Card 1 of 1 Print Date:06/09/1999 i,�t? r;.�,y:.. � :. � n�� v; �. .i,t, t .,k .. ti..0 n. fk'l•b bJ�A��'' tiF � y�� A �+ �, � �. „r4}� R �. ,f, •,Ir .a, '2 �,° � z ,b:'. at � �w .u4 ..n�r r.. ,a,"tu. n r,: 1� � .., "lemenl (, , I eserip ton Gommert:ea a eaten s • $tylei type 99 scant Land Btement Ca. Ch. Description Model 00 aeant I eat&AC Grade I came Type Stories is aths/Plumbing Occupancy eiling/Wall • I'ooms/Prtns Exterior Wall 1 A Common Wall • 2 all Height Roof Structure Roof Cover : Interior Wall I : ti �. ;e ? 2 emen o e escrip eon a or Interior Floor 1 'omplex , 2 loor Adj nit Location • Heating Fuel I umber of Units • Heating Type AC Type umber of Levels Yo Ownership Bedrooms Bathrooms ' t� ase to Total Rooms size Adj.Factor .00000 Bath Typeade(Q)Index .00 •dj.Base Rate .00 Kitchen Style I:ldg.Value New ear Built I if.Year Built rml Physcl Dep 00 I uncnl Obslnc I on Obslnc — —_-- �,6 .pecl.Cond.Code r,at°�< i��,rig pecl Cond o e I escnp ion ercentage verall%Cond. 0 1300 Vac Land 100 IDeprec.Bldg Value 0 g 1 UB 11U:1BU1L,U1N(reidc YARD/1LMS(LJ/X1 BU L 1LDJNG XIXA 1'LAl UR S(B)• a .c�", .r.7Ezr.� ;,� 'r. :,.,b<.i:.,kf aa'i e' kr,.•. bzus_r �. �wa4s rw.,. '�+r:e,, .y,..''Yu., ode Description /.11 U'nels Unit Price Yr. up Kt Attna Apr..katue �IID_ Code bescnption veng Area`t ross•.lren E, Area Unit Cost ndeprec.11al ue Ti!. Gross Liv/Lease Area 0 0 0 Bldg Val: a•vrc,,1.ve.sasv,f: irv71 1at%A.D 1 TV DtiM110 /YIAC IIJ: clot V/Ot W VW I Vision ID: 15442 Other ID: Bldg#: 1 Card 1 of 1 Print Date:06/09/1999 VAM�'.�a`.°�'°� ,,,,y' 'Min NEVA r,. ft ,40 _ r MAIL° v V a ` Y a', ® --''u ef 1 , • . • . : '+ • t • , . , Descrtp ton o'a ppra:s ''a ue ssessed value LAND 1010 60,1U 60,100 801 051 MAIN ST I I I I ,RESIDNTL 1010 228,10C 228,100 BARNSTABLE,MA 02668 p g • SIDNTL 1010 10,40C 10,400 Barnstable Live,MA v� S . fib$. p;•r I.S,'X P`t °.UY•'4 ,`' '��D vn.% °.�t5:± k.t:�'oun I an .. .. ax Dist. 500 Land Ct# er.Prop. #SR �� Life Estate DL 1 LOT PT 3 Notes: SIOD •DL2 GIS ID: T ota• 298,601 298,6U I yam.. . -Fu3y"`P A,z";.s �" n� ���.�� chMs ,asarb .� „.,, ,csgc, s�`? k rt� � i.k•# � , r.-.. , ' • •+ •1 • • i: ''• I '. •I ,I I I 'r. a•• r mi� a[ ssesse Value Yr. I Code Assessed Value 1 AIRFIELD AFFILIATES 9265/104 07/15/199' U V 283,001 A '.. 1 1 .t, 1 s : i 1 60,10U HUCK,WENDY B 6799/103 07/15/198' U V 1 A 199' 1010 228,10 i i I 228,100 .RUCK,GERALD G&WENDY B 6179/184 03/15/198: U V 1 A 199' 1010 10,401 HUCK,GERALD G 4955/185 03/15/198 i U V 165,001 N i LLIS,BRUCE W C 4787/221 I1/15/198 U V I 25,001 N o a. 7.98,.I I ota. 238,2OU Iotal. 295,1 ® d y fi , M� � ' N ° 5 iofi ,:,,,,,!,;,,,A,i r 4,tA #45 i s t ' I•hts signature acknowledges a visit by a Data Co lector or Assessor �� ,,?ks a s.� ��,Y�i u3�".:�a� ��dl�, rot".P,.X�"�:.t.< "+,,fin, z ,•r" ,r�,. a �.m_ Appraised Bldg.Value(Card) 222,30 Appraised XF(B)Value(Bldg) 5,80 Appraised OB Value(Bldg) 10,40 PP �) ° 8. 4 �� 1 .� Appraised Lan Value(Bldg) 60,10 � E ' Vim. : E :,`' ,, .�. t,i4 Special Land Value 1 ' : 1 1 Total Appraised Card Value 298,6i Total Appraised Parcel Value 298,61 Valuation Method: Cost/Market Valuatit I et Total Appraised Parcel Value 298,6( C I Desert], .._ s a e 'O omp i a e omp. Fr 'ermi ssue Site �pe on mount nsp. omments safe LK § 01 k 'urpos- 'esu t 19583 11/26/96 AD Addition 55,001 8/19/97 0 i of start 8/19/97 eas/Est B31791 4/1/88 ND 380,00 I 1/15/89 100 ` : 1 STOR cltIk " , ;n:..:.t s ,� ..• ' °.��:.Troy. �? •r fx'1a kd -3� ''5 1�0� '' 7,1 v '° /se o e Description one s rontage Dept Inits Intl 'rice - actor . . . actor '• . J. 'otes- •j pecta 'nctng Adj. UnttPrice I Land Value 1 1U1O Ingle Fam 5 1 1.00 A• 100,000.01 1.01 5 1.01 BOAC 0.45i'PCL(1.,U10)Notes:10 1 BLJ(, 45,000.0t 45,01 1 1010 Single Fam 5 5 2.04 A• 16,500.01 1.0 i 5 1.00 BOAC 0.4 PCL(5.,U14)Notes:14 1ACRE 7,425.0 15,11 Total Land Unit 3.04 A(j Total Land Valul 60,11 rropenyLocation: 2051MAINSi' •WBARNS MAPID: 216/076/W00// i Vision ID:15442 Other ID: Bldg#: 1 Card 1 of 1 Pram Date:06/09/1999 ` r.t,•?'�r4d ,�m�., z1> ,• {x `kn`I' 4� _ -. S ;.•, ., a °cp. i ' s y;c ,rs • - j `.`.+ `'i7' � �.... a�`:. 4!ek��k*�+,nvk�'. « +ao-wr�a..'�,a. t,r � ;�-' 1 ,��. .�.- w �• '1 3 ° M1 Wr, lnn �,n' i,ii 9 .¢,a�b�l s+l�.=�5 k ."�i'i4"�tn,:FA', a-.i.;�Wt�P �"}.c� tp -�L'e5 .biY Tva rsXn: �•W�A af'3,y'1,-,,,,,,,,,,,, lenient 2 d LJescnptton f ommereial Ida temen " ` ty1G/I ypG 03 Colonial dement Cd. Ch. Description I odel 01 Residential Heat&AC - de OB B Frame Type Baths/Plumbing .tones 2 2 Stories 4. •ccupancy 00 Ceiling/Wall US Rooms/Prtns UUS BM i xterior Wall 1 14 Wood Shingle '/o Common Wall •!.. i a p ' ' 2 11 Clapboard ' BM p Wall Height 21 4 FCP ►4 oof Shvcture 03 Gable/Hip ►6 ::16 1• 16 1: r oof Cover 03 Asph/F Gls/Cmp foia i nterior Wall I 03 Plastered { � k-81' '��t . ,,i1 r, 2 ement 0,a escnp ton sic or 28 I tenor Floor 1 14 Carpet Complex 48 2 12 Hardwood Floor Adj Unit Location I eating Fuel 02 Oil I eating Type 05 Hot Water Number of Units •C Type 01 None Number of Levels %Ownership 1:edrooms 05 5 Bedrooms athrooms 2.5 2 1/2 Bathrms rr �/ye .° m , "- ;. t Y 21 2 Full+1/2 �na•I. :ase '• .11 otal Rooms 10 10 Rooms Size Adj.Factor 0.87368 Grade(Q)Index 1.31 is ath Type Adj.Base Rate 54.94 I itchen Style Bldg.Value New 244,318 Year Built 1988 Eff.Year Built 1988 Nrml Physcl Dep 9 •• ` Funcnl Obslnc 0 • Econ Obslnc 0 ' ° . t Azg on ; }k.?Ng ; peel.Condo Code o,e 0escnption 'ercen age peel Conti% 10I0 :Ingle ham 100 Overall%Conti. 91 Deprec.Bldg Value 222,300 x f tt UB UL/1$UILUI/Vfr Kc.YARD ITLMS(L)/XF,BUILDING F.X�:RA PEAT UKLS(B) •:«#. ,,. _ids,.x 4-^,. ;..- ?: .. -•'. ' ;;�- z? , sir .,�5 1', '�-'x;: ,.r :, 4' ..�s:„ Yra.;.3:3 Co a Description L/t Units Unit Price }fir. DP Kt % nd Apr, {eiue F•PLZ rrepl-1/2 Sty B 2 3,200.0C 1988 I 100 5,800, BRN3 am 1 Sty/Lt L 1,600 6.50 1997 1 100 10,400 ;N RLIVGA(q!174 Bk .` L j .-;sue.. r.e .�yy°b.x U.z., �3vvyyf .. n..�'y /,F b ,�.'^, , y A } _. IT (.ode" Uescriptlon L/vmg Area tiros:Area Gj Area (/nit Lost' (Yn[eprec.value-� BAS First Floor 1,824 I, 1,824 54.9 100,21 FCP Carport 0 16 32 10.9 1,758 FGR Attached Garage 72 255 19.2 14,01 FOP Porch,Open,Finished 12 26 11.1 1,42 FUS Upper Story,Finished 1,53 1,53 1,536 54.9 84,38 UBM Basement,Unfinished 1,824 365 10.99 20,05 UUS Upper Story,Unfinished 728 364 27.47 19,99 WDK Wood Deck 448 45 5.52 2,472 TtL Gross Liv/Lease Area 3,360 7376 4,447 Bldg Val: 244,318 ...( . . . . =i . • 1 IAA ( I F R K ' • THE ZONING BELIEF BEING SOUGHT HA i - BEEN DETERMINED BY THE ZONING 8 A i'',N 7;,i;! i• _ m A Tsmfti OF BARNSTABLE ENFORCEMENT OFFICER TO :• zoning board of•Appeelb B.,B APPROPRIATE RELIEF GIVEN THESE allpfialgiat IV for Other revere CIRCUMSTANCES, .; 99 MAR —8 p3 :44 • . , . . . . . Date Received •. • . For offtoe uee otillej . • Town clerk office - -1-APPeul O. . • -'n 11 2 II -DatelriftInt: ' .----- ---- . ii, . 11 k.1 • • The undersigned hereby applies t tiabitiSiler• riAppeals for the reaeonn .. ' indicated* I..„ J • • i . TOWN OFI3ARNSTABLE . Applicant Names -Br tasiasrijuid...2 -- ---- ---.1NrtrroPT`i0FAPPEALS.J , Phone _1.191 .152 Applicant Address' 2051 Main Street, • Property Location: sa.II2P -- • . . This in o request fors . • . . . • _ - : . .• _ • i] Enforcement Action . . Pi Appeal of Administrative officials Decisibn , •. 11 Repetitive petitions . - . - II Appeal from the zoning Administrator . . (1 other General powers -....Please Specify!. . - Please Provide the yellowing information (aa applicable)s -. . Property Omer: same as appl i rani- - , •, phone Addraew of owners -see ab6ve . 2.--.__._..;-------- Xf•applicant differs from owner, arate.eature of Intermits - --- . . • •• ( •...;1 .1 eL ' -'i ASSOBBOrig Nap/Parcel Number -..._ i_..,, , ,)()0 . L." < zoning District ' --..R7:::--- • . , I Mile' ' - Groundwater overlay District , i . M • . • . , • . . Which Section(e) of the zoning ordinance and/or of mar. chapter 40A are you appealing to the zoning Board of Appeals? .. .. . . . . • . rrietistg Level of Development oZ the property - Number of Buildings: _2__ ___--- Preeewt Vae(s)s 21ainsieur.,A—R-Ad—gazoil.—.. 1=0OG Floor Areal _________ all- ft. . . , • . E 'd 88Z9 06L 60S 'ON XYA Id3VONINNVId 'a1OYISNSYEI NM ilE:E INS 66-9 -am • Applicat asother Powers - .. • . Nature j Deacziptiab of Request: c: !? 0; „ __ - . • . • -- • Attached separate sheer if needed. Is the property located in an Historic District? ' Yes el NO [) If yea MD Use Onlvv . ' Plan Review Number - —__ . - Date Approved., is the building a designated Historic Landmark? 'Yes [I NO liX If yea HiatPriC Preserveition Department use Only, Date Approved Sas a building permit been applied for? • ..Yes (] No [ . • sas•theBuilding inspector refused A permit?. e Yea" II No [�3"'. sal the property been before site plan Review?- Yes [j ,No [( For B L 14[ig-Department Use only: Rot Required - Single Family [) • Sit. Plan Review Number . Date Approved • signatures . . .. 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 Board in making its determination. q l �� ,J a Dates 3/8/99 Signatures ffipplicant or A e Pa nature: Agent's Address: . Pepe & Hazard LLP �. phone; ( 617 -695 090 150 Federal Street (617) 695-9255 - BOston, MA 02110 Fax No. I► 'd 8E9 06L 80S 'ON XVd ,Ldau '9NINNV7d 'a1avLSN8V6 Nid 5E:E 1VS 66-9 -BVIY • Notice For Public Hearing The following are the most recent names .mailing addresses and corresponding Assessor's Map & Parcel Numbers of .the abutting property : owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within'three hundred (300) ' feet of the property lines of the subject property. • • assessor's • - • •• - • Nap 8 Parcel Number Owner's Name Address - sik • 6 • .i . • in 9--: cda i p • •• • • * NOTION * Upon submission of application, it is required that all facts and documentation- necessary to support- the relief being sought • be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. • • • S 'd 88Z9 06L 809 '0K XVd Ina 'OKINNV1d 'd18V1,SK8Va Yid 58:E 1VS 66-9 -BVAI Nature and Description of Request to Zoning Board of Appeals The Applicants,Brenda Tri and Victor Cillis,M.D., appeal a Cease and Desist Order issued by the Building Commissioner on February 5, 1999, pursuant to which the Building Commissioner stated that they "must Cease and Desist the use of your property as a commercial riding academy at once." (See Exhibit A) As set forth in the attached Memorandum (see Exhibit B) fully outlining this matter, this order violates Section 3 of Chapter 40A and Section 2-4.1(3) of the Town of Barnstable Zoning Ordinances, both of which specifically permit agricultural uses. As set forth in Exhibit B, the property is a farm used primarily for the raising, keeping and boarding of horses, incidental and accessory to which horseback riding lessons are offered. This use (both raising, keeping and boarding horses, and offering horseback riding lessons) constitutes an agriculture use as defined in both Section 2-4.1(3) of the Town of Barnstable Zoning Ordinances, Section 3 of Chapter 40A of the General Laws, and various other state statutes,including: Chapter 61A, Section 1 (see Exhibit B(1)) Chapter 111, Sections 1, 155, 158 ((see Exhibit B(2)) Chapter 128, Sections 1, 1A,2,2A,2B,2D(see Exhibit B(3)): Accordingly,while the Applicants specifically reserve their rights as to whether they are required to abide by this Cease and Desist Order or to seek review from this Zoning Board of Appeals,the Applicants hereby request that this Zoning Board of Appeals overturn and rescind this Cease and Desist Order. r° MEMORANDUM TO: Zoning Board of Appeals Town of Barnstable FROM: Julie C. Molloy,Esq. Attorney for Applicants, Brenda Tri & Victor Cillis, M.D. DATE: March 8, 1999 RE: Appeal of Building Commissioner's Cease & Desist Order Dated February 5, 1999, re: 2051 Main Street,West Barnstable As set forth in the Applicant's application, the Applicants request that this Zoning Board of Appeals overturn and rescind a Cease and Desist Order issued by the Town of Barnstable Building Commissioner on February 5, 1999.1 As grounds for this request, the Applicants state that all uses of the property (including the horseback riding lessons offered on the premises), which is hereinafter referred to as the"Farm", constitute agricultural uses specifically permitted by Section 2-4.1(3) of the Town of Barnstable Zoning Ordinances and Section 3 of Chapter 40A of the Massachusetts General Laws. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176(1988) (the purchase, raising, stabling and training of equines2, including training of the equines , through operation of the riding school and participation in horse shows are all part of the. one whole and constitute agriculture as that phrase is used in c. 40A, §3) (see Exhibit 4) • Applicants note at the outset that the Building Commissioner agrees that the raising, keeping and boarding of equines is a permissible and exempt agricultural use under Section 3 of Chapter 40A because the Applicants' Farm is greater than five (5) acres (and indeed is seven(7)acres), and.that the Cease and Desist Order(and alleged violations of the Town of Barnstable Zoning Ordinances) pertains only to the offering of horseback riding lessons to the public. Applicants' factual and legal support for their position are set forth in the pages that follow. I Applicants submit this appeal under protest, on the grounds that because the operation of the riding school is an agricultural use and,therefore exempt from the proscriptions of the Town of Barnstable's zoning ordinance prohibiting commercial activities in residential areas. G. L. c.40A,s. 3;G. L.c. 128,ss. 1, IA, 2A,2B,and 2D; see also Steege v. Board of Appeals of Stow,26 Mass.App.Ct.970, 527 N.E.2d 1176, 1177 (1988). 2"Equine" is used herein as defined in Section 2D of Chapter 128,which states that"equine"means"a horse,pony,mule or donkey." G. L.c. 128,s. 2D(a). I. Facts The Primary Purpose of the Farm is the Raising,Keeping and Boarding of Equines The primary function of the Farm is the raising, keeping and boarding of equines. At present,the Applicants are raising and keeping equines of their own(two horses and two miniature horses), and board and train five horses and three ponies, for a total of ten equines. In connection with the boarding of equines, Applicants are responsible for the day-to-day care and maintenance of each equine, including daily turn-out and exercise, feeding, supervision of medical and health care, and ensuring that each equine is properly bedded down each night. Of the equines boarded, several are younger equines who are being raised here at the farm. Applicants also provide riding instruction to many of the owners boarding their equines here at the Farm, because they seek to both develop and advance their riding skills and that of their equines, which many riders will tell you is a life-long process. Some individuals have pursued riding instruction here and elsewhere in order to develop elementary riding skills sufficient to enable them to purchase an equine of their own,which is then boarded here at the Farm. For those newer owners who are beginner riders, the Riding School not only provides them with an opportunity to further advance their riding skills, but also an opportunity to train the equines ridden to become :.- ' accustomed to inexperienced riders. Horses live anywhere from twenty to thirty years, and do not fully mature until somewhere'between their tenth and twelfth:year,depending upon the individual. Many of the equines boarded here are under that age, and are still being raised. Indeed, since equines are domesticated animals dependent upon humans for their care and well-being, the raising of equines is a life-long task. Having just opened their farm recently, as yet none of the equines in their care have given birth at Applicants' Farm, although they certainly do hope that this will happen someday. In addition to raising, keeping and boarding equines at the farm, Applicants have counseled and assisted individuals with both the purchase and sale of equines. Riding Instruction is Offered Incidentally and as an Accessory to Raising, Keeping and Boarding Equines. In addition to offering riding instruction to boarders,Applicants also offer riding instruction to non-boarders, many of whom hope to obtain sufficient skills to enable them to purchase a horse or pony of their own one day. The riding instruction offered at the Farm by the Applicants is incidental to the Farm's primary function of raising, keeping and boarding equines, and the Farm's revenues reflect that. Moreover, unlike some area riding academies, the Applicants do not presently advertise in local newspapers, nor in the telephone book. Most advertising comes from word-of-mouth. II. Law State Zoning Act Permits Agriculture and Limits Cities' and Towns' Authority to Restrict Agricultural Uses of Land Where Parcel Exceed Five Acres. The cities and towns of the Commonwealth are permitted to enact zoning by-laws and ordinances pursuant to and in accordance with the limitations set forth in Chapter 40A of the General Laws. Section 3 of Chapter 40A specifically limits the ability and authority of cities and towns to prohibit and/or regulate certain activities, including land for which the primary purpose and use is agriculture, where the land so used is more than five acres in size. Specifically, Section 3 of Chapter 40A states (in pertinent part): No zoning ordinance or by-law shall prohibit or unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture ...; nor prohibit, unreasonably regulate or require a special permit for the use, expansion or reconstruction of existing structures thereon for the primary purpose of agriculture ..; except that all such activities may be limited to parcels of more than five acres in an area not zoned for agriculture. ... G. L. c. 40A, s. 3. The Town of Barnstable Permits Agricultural Uses in All Zoning Districts, Without Limitation as to the Size of the Parcel of Land. The Town of Barnstable Zoning Ordinances are more generous than the state statute, allowing agricultural uses in all zoning districts,without any limitation as to the acreage needed for such uses: The following uses and structures are permitted in all zoning districts: 1. Church and other religious use. 2. Educational use (public, sectarian, religious, denominational). 3. Agricultural, horticultural or floricultural use, including farms and the growing of fruits,vegetables or other produce,the maintenance of a greenhouse or nursery and the sale on the premises of produce grown on the premises. 4. Municipal or water supply use. 5. Municipal recreation use, including recreational activities conducted on town-owned land under the terms of a lease approved by Town Council. In the case of such a lease, any improvements or changes to such town-owned land shall be subject to the approval of a committee of five(5) residents appointed by the Town Manager, at least two (2) of whom shall be from the precinct in which the land is located. Town of Barnstable Zoning Ordinances, Section 2-4.1 (emphasis added). Accordingly; while the Town does not require, as does the state statute, that an agricultural use is only protected if the parcel of land in question exceed five acres, the Applicants nonetheless meet this state criteria as their farm has more than five acres. Applicants acknowledge that the Town of Barnstable has the authority to regulate, and indeed does regulate, the number of equines permitted in its Zoning Ordinances. Town of Barnstable Zoning Ordinances, in the RF district where the farm is located, we are permitted to keep, stable and maintain at least twenty-five horses. (Town of Barnstable Zoning Ordinances, Sections 3-1.1(2)(b) and 3-1.4) Applicants are in compliance with these limitations, having only ten(10) equines on their seven-acre Farm, and further state that in accordance with the Town's Ordinances, they are permitted to have up to at least twenty-five(25) equines on their Farm. Town of Barnstable Zoning Ordinances, in the RF district where the farm is located, we are permitted to keep, stable and maintain at least twenty-five horses. (Town of Barnstable Zoning Ordinances, Sections 3-1.1(2)(b) and 3-1.4) Offering Horseback Riding Lessons is Incidental and Accessory to the Farm's Primary Activity of Raising,Keeping and Boarding Equines The highest court in this state, the Supreme Judicial Court, decided in a recent (1994)case regarding the agricultural exemption to the state Zoning Act that"uses which are 'incidental' to a permissible agricultural activity fall within the agricultural exemption of Zoning Act. Henry v. Board of Appeals of Dunstable, 418 Mass. 841, 844, 641 N.E.2d 1334, 1336 (1994) (see Exhibit 6). A use is accessory or incidental to a exempt agricultural use where it is: "necessary, expected or convenient in conjunction with the principal use of the land." 6 P.J. Rohan, Zoning and Land Use Controls, §40A.01, at 40 A-3(1994). The term "incidental" in zoning by-laws or ordinances incorporates two concepts: "It means that the use must not be the primary use of the.property but rather one which is subordinate and minor in significance... But'incidental',,when used to define an accessory • use, must also incorporate the concept of reasonable relationship with the primary use. • Henry v. Board of Appeals of Dunstable, 418 Mass. at 845, 641 N.E.2d at 1336 (Exhibit 6). Indeed,the Massachusetts Appeals Court in 1988 ruled that offering riding instruction at a farm primarily engaged in the raising, keeping and boarding of equines is a permissible incidental and accessory use of an exempt and permissible agricultural use under the state's Zoning Act. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176 (1988) (see Exhibit 4). In reaching this conclusion, the Appeals Court affirmed the trial court's determination that ...the purchase and raising of horses, their stabling, training through the operation of the riding school, and their participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used in c. 40A, s. 3. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. at 972, 527 N.E.2d at 1178 (emphasis added) (Exhibit 4). Certainly offering horseback riding instruction is an activity which bears a reasonable, rational and indeed logical relationship to the raising, keeping and boarding of equines, not only under state law, but also in accordance with good plain common sense. Since it is common, and indeed usual, even for experienced riders to pursue riding instruction on a long-term basis, riding lessons are a"part of the whole" of raising, keeping and boarding of equines. The program for children also has the additional benefit of assuring parents that their child is engaged in a wholesome, healthy, outdoor activity, which has the added benefit of educating them to the care and training of animals and learning about what life must have been like for early settlers of this area, and transportation modes long before the automobile took over our roads. As in the Steege case,the Applicants raise, keepand board equines of varyin g g ages,both young and older, and have also bought and sold equines, and assisted their clients in doing so. As part of the training of both the equines and humans, inexperienced riders ride various horses, in order have the horses become accustomed to inexperienced riders, and vice versa.3 Hopefully, this will lead to the purchase and sale of more horses, some by riders at the Applicants' Farm(who will hopefully then seek to board their horses there, bringing more revenue to the Applicants). Moreover, many parents prefer to allow their child to discover through riding lessons whether the child really is interested in riding, as opposed to a passing fad. This is especially important with respect to the purchase of a horse, a not-inexpensive proposition in terms of both time and money. Offering Riding Lessons is an Agricultural Use Moreover, the simple fact that a riding school could be operated separately from a farm engaged the raising, keeping, and boarding of horses, and might thereby be deemed a prohibited commercial use4, does not mean that in this instance a riding school operated in conjunction with a farm engaged in the raising, keeping and boarding of horses is • anything other than incidental and accessory to the agricultural use of the Farm. Indeed, such an interpretation violates the Legislature's intention in creating an exemption for agricultural uses under the state's Zoning Enabling Act, and would impermissibly permit a city or town to 'exercise its preference' as to what kind of[agricultural] uses'it will welcome,' ... or'to impose special permit requirements...on legitimate[agricultural] uses which have been expressly authorized to exist as of right in any zone. Commissioner of Code Inspection of Worcester v. Worcester Dynamy, Inc., Mass. App. Ct. , 413 N.E.2d 1151 at 1153 (1980). (see Exhibit 5) In considering whether an activity falls within the definition of"agricultural use", the Appeals Court has also held that simply because one aspect of an agricultural use 3 To interpret the Steege case to mean that riding instruction is exempt only where inexperienced riders train equines who are not accustomed to inexperienced young riders requires the bizarre,preposterous and untenable assumption that any such riding school deliberately puts its inexperienced riders at the unconscionable and irresponsible risk of very serious bodily injury, including death and paralysis on a day- to-day basis, making the training of the horses a higher priority than the safety and well-being of human beings above that of the rides. Such an interpretation is unfounded, invalid and, indeed, irresponsible. Similarly,to read the Steege case as requiring the riders to purchase the equines they have trained,or that in order to fall within the exemption that every rider have the specific intention of purchasing an equine, is also unfounded. Nowhere in the Steege case are there any statements requiring either proposition. Steege v.Board of Appeals of Stow,26 Mass. App. Ct. at 972,527 N.E.2d at 1178. (Exhibit 4) 4 Although, as the Board will see,the definitions of agriculture set forth in the General Laws expressly include a riding school as an agricultural use. Since the Town of Barnstable Zoning Ordinances do not define the term"agriculture",one must look to state statutes for their definition of the term. would, if exercised or operated separate and apart from a farm, constitute an industrial use properly prohibited under zoning ordinances, this does not mean that that use is prohibited if done in conjunction with a permissible agricultural use. Modem Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. 901, 674 N.E.2d 247 (1997) (see Exhibit 7). In this case, the plaintiff Modern Continental owned and operated a 110 acre farm, for the production and sale of fruit, vegetables, herbs, and livestock, including ostrich, deer, lamb, calves, sheep, goats, chicken, pheasant,peacock, and rabbits. Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 901, 674 N.E.2d at 247 (Exhibit 7). • In 1993, Modern Continental decided that rather than sending its meat and poultry animals off-premises for slaughtering and processing, that it wished to construct a facility to do so on the premises, and received approval from the U.S. Department of Agriculture to do so. Modem Continental Construction Co. v. Building Inspector of Natick,42 Mass. App. Ct. at 901, 674 N.E.2d at 247 (Exhibit 7). After Modern Continental applied for a building permit to the Building Inspector for the Town of Natick,the Building Inspector denied its application, stating that"a 'slaughterhouse does not comply' with the [Town's] zoning by-law."Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). The Appeals Court found that the Building Inspector's denial was invalid and violated the agricultural exemption to the state's Zoning Enabling Act, G. L. c. 40A, s. 3, stating that: The fact that an activity, such as slaughtering [of pigs], can become an industrial or business use when removed'from an,agricultural setting does not mean that activity cannot be primarily agricultural in purpose when it has a reasonable or necessary relation to an: agricultural activity when conducted at the locus. Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). In reaching this conclusion, the Appeals Court pointed out that"the [term] 'agricultural use' exemption has been interpreted broadly by appellate courts"and determined that it was appropriate and necessary to look to the various state statutes defining the term "agriculture", including G. L. c. 61A, s. 1, G. L. c. 111, s. 1 and G. L. c. 128, s. 1 A, as well as dictionaries. Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). Specifically with respect to slaughterhouses,the Appeals Court held that: [the state's statutes and dictionaries] include within their definitions the definition of preparing animals for market. ... it[is] reasonable to regard the slaughter of animals as a normal and customary part of preparing them for market. It then follows from the acceptably broad definitions of the word 'agriculture' that a slaughterhouse used for the butchery of animals raised[and kept]on the premises is primarily agricultural in purpose. Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). Here, however, not only is offering horseback riding lessons permitted as an agricultural use because it falls, by implication, within the broad definition of the word 'agriculture', but also because the statutes of this Commonwealth specifically include operation of a riding school and the "keeping of horses as a commercial enterprise", as set forth below: Chapter 61A("Taxation of Agricultural Lands"). Section 1 ("When Land Deemed to be in Agricultural Use."). (See Exhibit 1) 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. Chapter 111 ("Public Health"). Section 1 ("Definitions"). (See Exhibit 2) The following words as used in this chapter, unless different meaning is required by the context or is specifically prescribed, shall have the following meanings: "Farming" or"agriculture", farming in all of its branches and cultivation and tillage of soil, dairying, the producticn, 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, keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for farm purposes, bees, fur-bearing animals, and any practices, including forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture o[r]farming as herein defined on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or market or to carriers for transportation to market. Chapter 128 ("Agriculture"), Section 1A("Farming and Agriculture Defined") (See Exhibit 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 or 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 o[r]farming as herein defined on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or market or to carriers for transportation to market. Moreover,riding schools and riding instructors are subject to licensing requirements and regulation by the Massachusetts Department of Agriculture, under the state statute defining and regulating agriculture: Chapter 128. Section 2B ("Horse Riding Instructors to Be Licensed: Fees: etc.") (Exhibit 3) The commissioner[of agriculture] shall make rules and regulations governing the issuance and revocation of said license, and shall establish the minimum qualifications for the issuance thereof. If the qualifications of an applicant meet or exceed the minimum qualifications established by the commissioner he shall issue such license. . Chapter 128. Section 2B ("Riding schools and stables: license_fee: rules and regulations:. - penalties") (Exhibit 3). Every person engaged in the business of operating a riding school or stable:where horses are kept for hire, shall obtain a license therefor from the commissioner[of food and agriculture], .... The Commissioner, subject to the approval of the governor may make rules and regulations governing the issuance and revocation of such licenses and the conducting of the businesses so licensed and relative to the maintenance of the premises, buildings and conveyances, the health of the horses and other equine animals, and the method and time of inspection and checking of said animals. ... Section 2D of Chapter 128 limits the liability of equine sponsors, and a copy of that statute is also enclosed in Exhibit 3. Accordingly, by looking at the statutory definitions of agriculture, it is clear that horseback riding schools are clearly included within the definition of agriculture, in Chapters 61A, 111 and 128. Each of these chapters of the General Laws are cited by both the Supreme Judicial Court and the Appeals Court of Massachusetts in the cases where those courts have looked to the state statutes in deciding whether a particular activity constitutes an"agricultural" use. Furthermore, the Massachusetts Department of Revenue recognizes the Applicants' Farm and all of its activities (including the Riding School) as agricultural under Chapter 61 A, and taxes it as such. Therefore, the Building Commissioner's Cease and Desist Order was improperly issued to the Applicants, because their riding school program is an exempt agricultural use. CONCLUSION In conclusion, the Applicants' use of the Farm for both the raising, keeping, boarding of horses, and offering of horseback riding instructions through the Riding School constitute an exempt agricultural use under both state's Zoning Enabling Act, Section 3 of Chapter 40A, and under the Town of Barnstable Zoning Ordinances, Section 2-4.1(3). Additionally, the Farm is located within the Old King's Highway Historic District, which was created by the Old King's Highway Regional Historic Act,the purpose of which was and is to preserve not only the historic appearance of the area, but also the historic culture and activity—including economic activities such as farming, "as [they] existed in the early days of Cape Cod. See Old King's Highway Regional Historic Act, Sections 1 and 3. Additionally, the Act defines the term"Heritage" as follows: "Heritage"-value in the cultural life of the past, because of their importance to the community life of Cape Cod, which have come down through the generations to make up our way of life. This has been achieved by means of old buildings, industry, furniture, utensils, old happenings and expressions. They have made the unique salty flavor of Cape Cod that will never be forgotten but will be preserved for future generations, as a means of insuring the integration of those qualities into a contemporary way of living. _. . Old King's Highway Regional Historic District Act, Section 3. _ What could be more in keeping with the heritage in accordance with the purposes of the Old King's Highway Regional Historic District Act than a working farm, educating today's children, through hands-on experience, about the care and raising of what was once the primary mode of transportation of residents of the Town of Barnstable, and the primary livelihood of its residents? However, as the town board charged with enforcement of our zoning ordinances, the only relevant considerations are whether the horseback riding lessons offered through the Farm's Riding School constitutes an agricultural use,or are an incidental an accessory use of an agricultural activity, which, as set forth above, it unquestionably is. Accordingly, Applicants Brenda Tri and Victor Cillis, M.D. hereby request that this Zoning Board of Appeals overturn and rescind the Cease and Desist Order issued by the Building Commissioner on February 5, 1999. 00He .w s,_ The Town of I:arnstable eAnsresca~ • �e 9. 1 Department of Health Safety and Environmental Services E ot" 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 enc:oses 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 3:39 592 443 .R R,R._ g990205a C. 61A ANNOTATED LAWS OF MASSACHUSETTS § 1 19A. Certificates as to conveyance or roll-back taxes. 20. Agricultural, etc., lands considered to be assessed as other taxable property for any other purpose; valuation for equalization. 21. Factual details shown on tax list of board of assessors relative to agricultural, etc., lands to be same as that of other taxable property. 22. Commissioner of revenue to promulgate rules and regulations, forms and procedures. 23. Tax evasion; penalty. 24. Severability provision. VERALEX®: Cases and annotations referred to herein can be further researched through the VERALEX electronic retrieval system's two services, Auto-cite® and SHOWME®. Use Auto-cite to check citations for form, parallel references, prior and later history, and annota- tion references. Use SHOWME to display the full text- of cases and annotations. § 1. \When Land Deemed to be in Agricultural Use - 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 purpose 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. (1973, 1118, § 1.) Editorial Note-- Sections 2 and 3 of the inserting act provide as follows: SECTION 2. Notwithstanding the provisions of chapter sixty-one A of the General Laws, inserted by section one of this act, applications under section six of said chapter for the fiscal year ending June thirtieth, nineteen hundred and seventy-five, shall be filed prior to May first, nineteen hundred and seventy-four, and with respect thereto the boards of assessors shall forward notices of disallowance,if any, on or before July first, nineteen hundred and seventy-four; and the farm valuation advisory commission shall establish its ranges of values required under section eleven of said chapter as of March first, nineteen hundred and seventy-four, for the fiscal year ending June thirtieth, nineteen hundred and seventy-five and said value ranges shall be mailed by 40 § 2 TAXATION OF AGRICULTURAL LANDS C. 61A 4 N t , _ ':. ' the commissioner of corporations and taxation to the boards of assessors on or before 4,; a = April first,nineteen hundred and seventy-four. 1F.. SECTION 3. The provisions of this act shall apply to fiscal years ending June 1 z,"`' thirtieth,nineteen hundred and seventy-five and thereafter. 3 ;': Cross References— 1' This chapter is referred to in ALM GL c 59 §2A, dealing with use classification of F '',:t real property for assessment of local taxes. i r.s Code of Massachusetts Regulations— .: ' Land use:rules and regulations for farm land,330 CMR 18.01. e•c `` `' Total Client-Service ice Library®References— .' ' :<,;= 3 Am Jur 2d,Agriculture§9. 71 Am Jur 2d,State and Local Taxation§§60, 188. r Annotations— a Real-estate tax equalization, reassessment, or revaluation program commenced but not completed within the year, as violative of constitutional provisions requiring equal , and uniform taxation.76 ALR2d 1077. I` ` Prospective use for tax-exempt purposes as entitling property to tax exemption. 54 �N .: ALR3d , Validity, construction,and effect of state statutes affording preferential property 1 tax treatment to land used for agricultural purposes.98 ALR3d 916. 11 ' i Texts— Marzelli, Massachusetts Real YEstate,§§5:1-5:6. r {;,: Mendler,Massachusetts Conveyancers'Handbook with Forms,§§13:1-13:9. ! t CASE NOTES Appellate Tax Board correctly decided (1986)398 Mass 821,501 NE2d 506. `1 ' is that land on island between Buzzards Land contiguous to land directly used Bay and Vineyard Sound was devoted to for agriculture need not be included in if ; agricultural use or was contiguous determining revenue requirements under i�. , thereto and not used for residential, in- ALM GL c 61A §3. Nashawena Trust v dustrial or commercial purposes. Na- Board of Assessors (1986) 398 Mass 821, :* shawena Trust v Board of Assessors 501 NE2d 506. e r ; 1l i 2. When Land Deemed to be in Horticultural Use. 11 } ' j;i Land shall be deemed to be in horticultural use when primarily and ;' directly used in raising fruits, vegetables, berries, nuts and other 1 . foods for human consumption, feed for animals, tobacco, flowers, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs for the purpose of selling such products in the regular course _ 4l. 1if ' l . .„,r.y.,,s,,,,lii...„:4,-.,„..r.s.-,.,.: .... --1.; ..... „. ..,4K4v...,s,....,„.....L..,,,,..,,.... , .,i„.:-..„. ,,_.,„ei„ ,av,,,,,,.,,..4.w,... . -, ,,„ n:•„,:,:,,A.r,t,,,.. ....1...,..,... ...,,e.. - . „:.• - . . i ,, .... -. -,_k�ry t: i4 .:vNL_ i.... .,........._. I 1G C. 111 ANNOTATED LAWS OF MASSACHUSETTS § 1 210. Presence of Knowledgeable Operator Required; Protective Eyewear; Time and Temperature Controls. 211. Use By Minors; Parental Consent or Presence Required. 212. Safety Claims; Operator Liability; Injury Reports. 213. Access for Inspections; Promulgation of Regulations; Exemp- tion for Phototherapy Devices. 214. Violations; Penalty. [NEEDLE EXCHANGE PROGRAM] 215. Needle Exchange Pilot Program; Report. Auto-Cite®:Cases and annotations referred to herein can be fur- ther researched through the Auto-Cite® computer-assisted research service. Use Auto-Cite to check citations for form, parallel references, prior and later history, and annotation references. DEFINITIONS • § I Definitions. The following words as used in this chapter, unless a different meaning is required by the context or is specifically prescribed,,shall have the following meanings: "Board of health" shall include the board or officer having like powers and duties in towns where there is no board of health. "Commissioner," the commissioner of public health. "Council," the public health council of the department of public health. "Department," the department of public health. "Disease dangerous to the public health" shall include all diseases defined as such in accordance with section six. "Farming" or "Agriculture" shall include farming in all its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, floricultural or horticultural commodities, the raising of livestock including horses, 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 farming or agriculture as herein de- fined, or on a farm as an incident to or in conjunction with such 20 1 T._ , 1 PUBLIC HEALTH C. 111 farming operations, including preparations for market, delivery to storage, or to market or to carriers for transportation to market. 1 "Health care provider", any doctor of medicine, osteopathy, or i l dental science, or a registered nurse, social worker, doctor of chi- ropractic, or psychologist licensed under the provisions of chapter one hundred and twelve, or an intern, or a resident, fellow, or medical officer licensed under section nine of said chapter one {; . hundred and twelve, or a hospital, clinic or nursing home licensed under the provisions of chapter one hundred and eleven and its agents and employees. 2:Y "Inland waters" shall include any and all lakes, ponds, streams, i tidal waters and flats, and underground waters. Y. "Medical peer review committee" or "committee", a committee of a state or local professional society of health care providers, €, including doctors of chiropractic, or of a medical staff of a licensed P, hospital or nursing home or health maintenance organization 4 organized under chapter one hundred and seventy-six G, provided i =k: the medical staff operates pursuant to written by-laws that have , been approved by the governing board of the hospital or nursing o 1 . home or health maintenance organization, which committee has as its function the evaluation or improvement or the quality of health • ' -care rendered by providers of health care services; the determine- t tion,whether health care services wei performed in compliance E with the applicable standards of care, the determination whether ` the cost of health care services were.performed in compliance with the applicable standards of care, determination whether the cost of the health care services rendered was considered reasonable by the. providers of health services in the area, the determination of whether a health care provider's actions call into question such health care provider's fitness to provide health care services, or the evaluation and assistance of health care providers impaired or al- legedly impaired by reason of alcohol, drugs, physical disability, 1' mental instability or otherwise; provided, however, that for pur- poses of sections two hundred and three and two hundred and four, a nonprofit corporation, the sole voting member of which is 1 a professional society having as members persons who are licensed to practice medicine, shall be considered a medical peer review 11 : committee; provided, further, that its primary purpose is the I I:'i evaluation and assistance of health care providers impaired or al- ir legedly impaired by reason of alcohol, drugs, physical disability, 1 mental instability or otherwise. ,l_ "Nuclear reactor", any apparatus, other than an atomic weapon, "' designed to sustain nuclear fission in a self.-supporting chain rear- '1:'` 4. tion, t 21 I ` rl i ;:4 7h I :pxya. [ ; ! S { stf ' C. 111 ANNOTATED LAWS OF MASSACHUSETTS § 1 History- 1938,265, §6; 1951,448, § 1; 1966, 217; 1979, 796, § 13; 1986,351, §§ 5, 6; 1987, 467, § 1; 1987, 579, § 1; 1993, 297, approved Dec 16, 1993, effec- I tive 90 days thereafter; 1993, 309 §§ 1, 2, approved Dec 17, 1993, effective 90 days thereafter; 1993, 415, § 1, approved Jan 11, 1994, effective 90 days thereafter. Editorial Note- The 1951 amendment added at the end of the section a paragraph defin- ing "inland waters". • The 1966 amendment added the definition of"Farming"or"Agriculture". The 1979 amendment added the definition of"Nuclear reactor." The 1986 amendment added the definitions of"Health care provider"and "Medical peer review committee" or"committee". The first 1987 amendment, in the definition of"Health care provider", following"registered nurse", inserted ", social worker or psychologist". The second 1987 amendment, in the definition of"medical peer review committee", following each appearance of "nursing home inserted lan- guage relating to health maintenance organizations. The first 1993 amendment (ch. 297), in the definition of"Farming",or "Agriculture", inserted"including horses" after"livestock". . . The.second 1993 amendment (ch. 309), by § 1 in the definition of "Health care provider";,;following"worker",inserted ,doctor of chiroprac tic and by § 2, in the definition"of"Medical peer review committee", fol_, lowing"providers inserted including doctors of chiropractic The third 1993 amendment (ch. 415), in the definition of 'Medical peer review Committee", at the end of the paragraph, following""otherwise" inserted";provided,however, that for purposes of sections two hundred and three and two hundred and four, a nonprofit corporation, the sole voting member of which is a professional society having as members persons who are licensed to practice medicine, shall be considered a medical peer review committee; provided, further, that its primary purpose is the evaluation and assistance of health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical disability, mental instability or otherwise". Cross References- For additional definitions, see §§ 17, 52. Code of Massachusetts Regulations- Implementation of GL c111 and 111C regulating the reporting of infec- tious diseases dangerous to the public health, 105 CMR 172.000. Total Client-Service Library® References- 7 Mass Jur, Property §25:135. CASE NOTES 1986 Amendment (St. 1986, c. 351) are confidential and immune from sub- pros ides that medical peer review cons- poena or discovery and that those attend- .:ittcc proceedings i t p,,,is ,,.„i •e,,,r,ls ing ccmm;ttee meeting .hall not he re- 22 § 2 PUBLIC HEALTH C. 111 `quired or allowed to testify about pro- "'Agriculture" includes operation of ceedings• Beth Israel Hospital Asso. v piggery. Building Inspector of Mansfield Board of Registration in Medicine (1987) v Curvin (1986) 22 Mass App 401, 494 I: 401 Mass 172,515 NE2d 574. NE2d 42. r i; t -;; §§ 1A, 1B. [Repealed, 1966, 685, § 4.1 E Editorial Note—Bh.. c. • The 1966 act which repealed the above two sections also established the :;�,. F Division of Water Pollution Control in the Department of Natural Resources. t: i'.fSeeGLc21, §§ 26to53. , 11. T� V r'`: :,. DUTIES OF THE DEPARTMENT OF PUBLIC HEALTH 11:' 1. i : 1 t" § 2. Commissioner of Public Health; Duties. 1 '" The commissioner shall administer • the laws relative to health and ` r...; -. K,v. sanitation and the regulations of the department, and shall prepare 1 1 is 7 a,. rules and regulations for the consideration of the council. The secre- tt I, hi ` to of elder affairs and the commissioner shall,jointly;develop and ,,, ry.. t 't "submits to the council' rules and regulations-governing:the licensure I i 1 t` A� v: 'and"operation'of convalescent or nursing homes,rest.homes, infirma- i 3ta.- " ries,maintained in a town and.charitable homes for.the aged He may !L i a direct any executive officer or employee of the department to assist , iE .4V in'•the study, suppression or prevention of disease,in any part of the t i sn t ,� commonwealth. He shall submit annually to the council a report containing recommendations in regard to health legislation. ' I a The comm s pp from bi ,miad d 1 1.2 f - records received issioner by himhall underre theare provisions the ofrth chapterarr fgeortyan six, an eathd WI' from the divorce returns received by him under the provisions of sec- k 111 • Lion forty-six of chapter two hundred and eight, such statistical tables 1 3';_ as he deems useful, and shall make annual report thereof to the gen- 1 w V eral court. The commissioner may transmit such information to the . i 11 ;.`; appropriate agency of the federal government to participate in the 1 }1 aelCIVI!!!l(IiI :)t 71 ((.)(ll)t'ldll\C i��li.ill l�iT iZ{- .i L4 . cal information at the federal, state and local level.The commissioner I may make further use of such records as he deems useful for . administrative and research purposes connected with health pro- As- j grams and population studies. He shall, as soon as is reasonably ,"g practicable, cause the birth, marriage and death records to be bound k13# -. with indexes thereto and shall retain their custody. He shall prepare an alphabetical index of such divorce returns showing the names of lir ' „ ; , t .. .. t,-� .,1 t.� :.,.�.r,,,r rit an,l the t'ntnll4' III K`lnch i z VI xx ,.t ! 1 - ;l , s,, zs d i7 .1ti44A - �L 1 f aeLr • :, CUMULATIVE SUPPLEMENT TO Annotated Laws of Massachusetts • ., CHAPTERS 111-111D ` • - : '. -'2 .. . . (as recompiled 1995)._ TITLE • XV• I._, PUBLIC HEALTH .. CHAPTER 1.11 tr Public Health , ; New Sections Added , Sec. 24F. Health Care Access Fund. • 24G. Primary and Preventive Health Care Services for.Uninsured V Dependent and Adopted Youths. 24H. Managed Care Program Established. 24I. Universal Immunization Program Established. 24J. Medical Respite Services Program Established 142N. Rules and Regulations for Certain Fossil Fuel-fired Electric Generation Facilities. I V 216. Fragrance Advertising Inserts in Newspapers, Magazines, Mailings and Other Printed Material Regulated. DEFINITIONS is § 1. Definitions. '- The following words as used in this chapter, unless a different meaning . is required by the context or is specifically prescribed, shall have the fol- lowing meanings: For latest statutes and case citations,call 1-800-446-3410. 7 C. 111 ANNOTATED LAWS OF MASSACHUSETTS [No change through definition "Disease dangerous to the pt. health".] [The following three paragraphs are reprinted to correct a punctua error.] "Commissioner", the commissioner of public health. "Council", the public 'health council of the department of pu health. "Department", the department of public health. [Definition "Farming or Agriculture" is amended to read as follows: "Farming"or"agriculture",farming in all of its branches and cult don and tillage of the soil, dairying, the production, cultivation, gr ing and harvesting of any agricultural, aquacultural, floricultural horticultural commodities, the growing and harvesting of forest pi ucts upon forest land, the raising of livestock including horses, keeping of horses as a commercial enterprise, the keeping and rail of poultry, swine, cattle and other domesticated animals used for fc. purposes, bees, fur-bearing, animals, and any practices,:including, forestry or lumbering operations,performed by a farmer, who is her defined as one engaged in agricultural of farming as heiein define&. on a farm as an incident to,or in conjunction with such farming•opc Lions, including preparationsfor market; delivery to.;storage�or' market or to carriers for trans ortation to:market. w ti ,5 4 [No change in balance of section.] p, z • J• '. History- _ " r Amended by 1995, 38 § 127,approved June 21, 1995,effective July 1, 1995. Editorial Note— The 1995 amendment substituted the definition"Farming"or"Agriculture"for one w read:"'Farming'or'Agriculture'shall include farming in.all its branches and the cultiva and tillage of the soil, dairying, the production, cultivation, growing and harvesting of agricultural, floricultural or horticultural commodities, the raising of livestock inclu. horses,the keeping and raising of poultry,swine,cattle and other domesticated animals for food purposes, bees, fur-bearing animals, and any practices, including any forestr. lumbering operations,performed by a farmer,who is hereby defined as one engaged in fp ing or agriculture as herein defined, or on a farm as an incident to or in conjunction such farming operations,including preparations for market,delivery to storage,or to ma or to carriers for transportation to market." CASE NOTES Proceeding before hearing panel of com- was peer review within meaning of ALM mittee on inquiry of Massachusetts chapter c 111 § I and §204. Swatch v Treat (15 of National Association of Social Workers 41 Mass App 559, 671 NE2d 1004. DUTIES OF THE DEPARTMENT OF PUBLIC HEALTH § 2. Commissioner of Public Health; Duties. [For text of section, see parent volume.] Editorial Note— Acts 1985, Ch. 728, §§1-8, 13, and 14, entitled "An act establishing a fund for t formaldehyde foam insulation for homeowners", approved December 31, 1985, by § 15 fective July 1, 1986,provide as follows: 8 For later statutes and case citations,see Quarterly Update Pamphlets. • c. 111 ANNOTATED LAWS OF MASSACHUSETTS § i Code of Massachusetts Regulations— Rabies vaccinations, 105 CMR §§ 330.001 et seq. . I. t Total Client-Service Library®References— t 58 Am Jur 2d, Nuisances §§ 71. i 59 Am Jur 2d, Health §§ 25 et seq. a 82 Am Jur 2d, Zoning and Planning §§ 39, 44, 45, 119, 128-147. 8 Am Jur Proof of Facts 527, Nuisances. 26 Am Jur Proof of Facts 181, Community Noise (Noise Pollution). . ;) j ` 43 Am Jur Proof of Facts 2d 303,Commercial Activity as Actionable P '"' Nuisance. rn Annotations— " Animal rendering or bone-boiling plant or business as nuisance. 17 ALR 1269. Stockyard as a nuisance. 18 ALR2d 1033. .y,. Keeping horses as nuisance. 27 ALR3d 627. Texts— Massachusetts Conveyancers' Handbook § 13:503. qt CASE NOTES This section has no application to an melting and rendering °establishm, i. , , . establishment in which the business of used in connection with.dead:horses" melting and rendenng of grease and tal- other large animals:Cambridge vJohn low and the aking of food for fowls Dow Co. (1904) 185 Mass:448,-70•' , from oyster and other seashells is con- 447. -.1 ducted, but was intended to apply to a ,'1 { ; : STABLES x , § 155. Licenses for Stables in Cities and Certain Towns. jNo person shall erect, occupy or use for a stable any building in city, or in a town having more than five thousand inhabitants, unit, wsuch use is licensed by the board of health, and, in such case, only 5 r.' the extent so licensed. The fee for such licenses shall be establish( in a town by town meeting action and in a city by city council actio I and in a town with no town meeting by town council action, by ado t Lion of appropriate by-laws and ordinances to set such fees, but in i r event shall any such fee be greater than forty dollars. This sectit shall not prevent any such occupation and use authorized by law t May fourth, eighteen hundred and ninety-five, to the extent and 1 the person so authorized, but the board of health of such a city town may make such regulations or orders as, in its judgment, tl public health requires relative to drainage, ventilation, size at character of stalls, bedding, number of animals and storage al ' handling of manure in an stable in its Lily or town. 472 • 'it t ' 1 1 1 156 PUBLIC HEALTH C. 111 } i l; tort'-- ' i ' 1890, 230; 1890, 395; 1891, 220, §§ 1, 3; 1895, 213, §§ 1, 2; 1896, 332; 1 ; 1 t897, 300, § 3; RL 1902, 102, § 69; 1912, 486; 1981, 351, § 58. i r .'tonal Note- 1 k The 1981 amendment added the second sentence concerning fees for li- ses. I' ; , 1e ry , Total Client-Service Library® References- II I `..58 Am Jur 2d, Nuisances §§ 71. l ).; : , ' Jur 2d, Health §§ 25 et se �� � ' ` '59 Am J 9 i €`4 82 Am Jur 2d, Zoning and Planning §§ 39, 44,45, 119, 128-147. • �; 4 1 = . R ,“ i 8 Am Jur Proof of Facts 527, Nuisances. •26 Am Jur Proof of Facts 181, Community Noise (Noise Pollution). ]` { ' s K•45 Am Jur Proof of Facts 2d 303,Commercial Activity as Actionable Private ;i ,, S 1` k 7 luisance. ij <j T ' 5' , 1 Annotations- ., € s y f Keeping horses as nuisance. 27 ALR3d 627. - J i, ` Texts- yS `;Massachusetts Conveyancers' Handbook § 13503 • '1 I t',3 I i' 5 iu . , 'CASE NOTES ,t .f The provisions 'of this and`the follow rinucci Bros &Co;(1962) 344 Mass,50, 'E i.�;y as p ing sections are an exercise of the police" 181 NE2d 584 . �1�1 t :1' power of the commonwealth, and are If a'permit to stable a horse, issued by 1 £ s� ' 'Constitutional, although noprovision is a local board of health under the instant :+ i s yf.. t ade for compensation and o right of section,provides that there be no storage I t �k- appeal is given. Newton v Joyce (1896) of manure within 100 feet of any property , . t•?, 2 & ' 166 Mass 83,44 NE 116. line, the remedy of an abutter for • the 2ld be a 112;tC< V. This and the following sections are de- violation to the board of health torovision uenforce 'r t� < �_signed to protect the health and comfort q `9 z3 ` " the proviso,and,upon their failure to do «� � � � �e�" of the community, and should receive a • so,to bring a mandamus proceeding,bu[ a r�T;< + construction which the plain meaning of unless the keeping of the horse consti- to t4 .t the words imports.Trowbridge v Tupper 3 P g PP Lutes a private nuisance, no remedy lies rt }t. • ,(1912) 210 Mass 378,96 NE 1096. by way of a bill in equity.Flynn v Seekonk Mt ,, The license provisions of a predecessor (1967) 352 Mass 71, 223 NE2d 690. section, were not applicable to land held Statute eliminates threat of stable being7? PP t by the Commonwealth or by agents of the built in largely residential area.Blakeley v fi5.a `• ;'Commonwealth, such as Metropolitan Gorin (1974) 365 Mass 590, 313 NE2d ; ei `s Park Commissioners. Medford v Ma- 903. ppps.: § 156. Stables in Vicinity of Churches ;fsitt;',..r.,7' No person shall in a city occupy or use a building for a livery stable, t ;; ''or a stable for taking or keeping horses and carriages for hire or to s'_` ; let, within tv.o hundred feet of a church or meeting house erected i• 1~ '' and n.,rl c ." rF_.,, n,�bi .- 1.:orchip of Cnrl with,_tllt the written consent _ .-.' 1 k c 1 t: -x .i.1,. 4i 1 h,�n 1 * 'r4. S[ , Fit a ,"R 'RF^+a1 • i f .b ;a ,. �r C. 111 f Y 1 PUBLIC 1IEALTH t k i i .� 15s z2 < s �� f ` ; , . Massachusetts Conveyancers' Handbook F 13:503. t s :144 ii v { .15 g� Licenses for Stables in Small Towns. r � : _ a he selectmen of towns hson gto k ep population more ha five fo four �n ' ' f y : license suitable per 1 , 'less may ' Iecified buildings or places withine. heefee for such licenses shall be 1{ P ; revoke such licenses at pleasure. any ! t' . �4 , established by said selectmen`s Whoever, not in no ebeing nt alicensed as afore- .' ;y}•is ,;,greater than twenty dollarsyyg��� r j� li yi Y ,` said, occupies or uses a building or place for a stable for more than i 1 is 1-. }a' i r. llars for every th ,,.. four horses shall forfeit not more dinha�n fifty laceoand in 1'ke propo non t}� �� � � ��� or uses such burl g p the erection, oc �� t , he so occupies .'for a shorter time. The superior court may restrain IA-, F'cupancy or use of stables contrary to this section or section one I ' 1.il # :. hundred and fifty-six. �s ' hundred and fifty-five'or. one t}. x k • r ,,..t ..Hstory— 88, § 32; PS•1882, 39; 3 . 1.851, 319; 1852,.129; 1853, 362 GS`1895, 213, § 3; 1897, 428; § 2; RL ° I `i y' i .,,,...,:,-,,t, 1891 220, § 4 R; ,1t. - 1890,. 102 1891 .395; t ; ;sit tr 1902, 102, §§ 71,'72 1981 351 § 59 , ti3 G tF - Editorial Note— .. ; � 3x�' .fir F . ' The 1981 amendment added"the second sentence concerriitig fees for h, ' Y �i censes. s � �*�' r References—. ;% a i' Total Client-Service Library® i Y , '' 58 Am Jur 2d, Nuisances'§§ 71. f w 59 Am Jur 2d, Health §§ 25 et seq. ttf 39,44, 45, 119, 128-147. 82 Am Jur 2d, Zoning and Planning §§ ;:Grp Y� 1i'i Y,. 8 Am Jur Proof of Facts 527, Nuisances. 26 Am Jur Proof of Facts 181, Community Noise (Noise Pollution). {� 3 :: r > ' 11 ,gym 1„s prnnf of Facts 2d 303,Commercial Activity as Actionable Private } ?;4 IV Annulatiur. _ t !'�.'. Keeping horses as nuisance. 27 ALR3d 627. is f ' t:: Texts— 13:503. tr i- -- . \lassachusetts Conveyancers' Handbook § _, v CASE NOTES 'a f4;.. o en ef- t is section should beg r, ti . „la;S Inn granted ,!his ld.br the 3 t> .r 1 , • IP i ,R % i i _; * C. 111 ANNOTATED LAWS OF MASSACHUSETTS , § 15g ' future which in their nature are more or whether covered or not. Brookline . less conjectural. White v Kenney (1892) Hatch (1897) 167 Mass 380,45 NE 756,' . i i 157 Mass 12,31 NE 654. Under prior law the superior court had St 1890. c 395, by which the superior no jurisdiction in equity of the power court was given concurrent jurisdiction conferred by the Pub Sts a 102, 139, with that conferred upon the supreme from which this section derives, to pry i judicial court by Pub Sts c 102, §39, as vent the erection, occupancy,or use oral'., amended by St 1890,c 230,to restrain by building as a stable for more than loin '_ horses. Jurisdiction has, however, since injunction the unauthorized occupancy or been given to the superior court in suds j Si use of a stable, did not give to the supe- a case by the St of 1890,c 395. Barker' 1'. rior court such jurisdiction of a case Mackay (1897) 168 Mass 76,46 NE 412 pending there at the time it took effect, A suit in equity in the superior co ' but of which previously that court had no under this section must be brought by t ' jurisdiction.Langmaid v Reed(1893) 159 city itself and not by the members of its; Mass 409, 34 NE 593. board of health. Trowbridge v Tupper 1 This section is aimed at the nuisance (1912) 210 Mass 378,96 NE 1096. which may be caused by the keeping of a Under this section a suit in equity m4 number of horses,and it can make no dif- be maintained in the superior court ference whether they are kept in one where there is a reasonable certainty this .. ii building or in several, or are kept in the the building in question is to be occupied 7 open air or in an enclosure. Brookline v and used as a stable unlawfully, although Hatch (1897) 167 Mass 380,45 NE 756. no actual injury to the public has been-. ',- : The word"place"in this section has a inflicted at the time the bill is filed.Trothl , broad signification It applies not only to bridge v Tupper(1912)210;Mass 378 96 $ a building but also to:.any enclosure, NE 1096. + _ s , ° WATER SUPPLY «', :];‘..:-.1,-1:14. § 159. Supervisiontof Inlard Waters r s 4, i V "► �: '4 lc . The depa tmentrof environmental,protection, in this sectton,.an� 1 = ° sections one hundred:and'sixty•to'�one hundred and sixty six, inclu =. '�` t ' sive, called the department, shall have the general oversight and care .t- a• of all inland waters and of all streams, ponds and underground waters , 4 . used by any city, town, water supply or fire district or public institu Lion or by any water or ice company or any person in the common wealth as sources of ice or water supply and of all springs, streams i' f 1 and watercourses tributary thereto. It shall be provided with maps, 4 ' plans and documents suitable for such purposes, and shall keep re,,* 41 ` cords of all its transactions relative thereto. It shall give notice to the •z �__` i attorney general of any violation of law relative to the pollution of'. r :1, water supplies and inland waters. •; 'r 1 History- - c' z 1886, 274, §§ 1-3; 1888, 375, §§ 1-3; 1890, 441, § 1; 1897, 510, § 1; id h 1902, 75, §§ 112, 115; 1919, 350, §96; 1951, 448, § 2; 1975, 706, § 184, ' 1990, 177, § 183. 4-1 x � -,` _. ., ` Editorial Note` tr The 1951 amendment gave the department control over underground waters, and otherwise broadened its powers. ` `- Sr: ,. 1 r t ill • , � f rA , 2, 2 , 2g, Z. D t , D lkf C. 128 ANNOTATED LAWS OF MASSACHUSETTS 1f = § 1 ' Y 111 Execution of marketing agreement as not requiring issuance t < of marketing order; issuance of marketing order as not ..; requiring execution of marketing agreement. 112. Applicants for marketing order to deposit funds to defray >; ' P. 1. expenses of order; reimbursement on pro rata basis. r :. 113. Assessments not deemed to be state funds; refund of ass ess- f ments; biennial report. -, 114. Advisory board to assist commissioner in administration of 4 marketing order; membership; duties and responsibilities. V,-; 115. Rules and regulations; commencement of actions. - , -...:‘,. i . VERALEX®: Cases and annotations referred to herein can v ` be further researched through the VERALEX electronic r • retrieval system's two services, Auto-cite® and f SHOWME®. Use Auto-cite to check citations for form,. parallel"references, prior and later history, and annota tion. references.`,Use SHOWME to display the full text • •of-cases and annotations. tn -DEFINITIONS 1 Definitions e t ' 1 The following':words as used in this chapter shall have,the follow- '., ing meanings unless the context otherwise requires: "Commissioner"; the commissioner of food and agriculture. "Department", the depart- r' ment of' food and agriculture. "Director", in sections sixteen to • thirty-one, inclusive, the director of the division of regulatory services r 1- , "Inspector",in the department of food and agriculture. Inspector , in sections thirty-two to thirty-eight, inclusive, the inspector of apiaries. "Nurs- '`r,.:_ ` ery stock", trees, shrubs, woody plants and strawberry plants, -r ,' whether wild or cultivated, and parts thereof for propagation. "Rid= ,';,= f ing school operator", any person owning or having the custody of , one or more horses which are let for hire to be ridden or driven, with or without the furnishing of riding or driving instructions. "Trust- •; I.t, ees", the trustees for county cooperative extension service. (1918, ES -' `' 273, § 1; 1919, 34, § 1, 350, §§34, 35, 37; 1941, 490, §29; 1967, 28; ..;R a 1972, 717, § 1; 1973, 43, § 1; 1975, 706, § 199; 1981, 351, §263.) 3 ==d;}: �{ Editorial Note— ';"'I '6' '' ' The 1967 amendment struck at the end of the definition of "Director" "and fairs" ;. • and added the definition of"Nursery stock." .* The 1972 amendment inserted the definition of"Riding school operator". i 1'° 202 t , i Y S i t lA AGRICULTURE C. 128 1[. a The 1973 amendment rewrote the definition of"Trustees". i ` `' The 1975 amendment substituted the commissioner and department of food and ,l s agriculture for the department of agriculture in the definitions of commissioner and :_ department. i of The 19111 amendment in the definition of "Director", replaced "director of the division of plant pest control" with "director of the division of regulatory services in E the department of food and agriculture". j` ; Acts 1939,ch.405,§§1,2,provide as follows: • : z s ,`SECTION I. The name of the division of plant pest control in the department of ` • 1 f agriculture is hereby changed to the division of plant pest control and fairs. The i' ,�. division of reclamation, soil survey and fairs in said department is hereby abolished, 1 and all the rights, powers, duties and obligations heretofore conferred or imposed upon andperformed by said z- said divisions, or either of them, shall hereafter be exercised - . division of plant pest control and fairs. The employees of said division of reclamation, 5 soil survey and fairs are hereby transferred to, and, subject to pertinent provisions of f, law,shall serve in, said division of plant pest control and fairs without impairment of " their civil service status or retirement of rights. ! ' 17 1 SECTION 2. When used in any statute, rule or regulation, each of the phrases 1 r "division of reclamation,soil surveyand fairs" and"division ofplantpest control,"or l y any words connoting the same,shall mean the division of plant pest control and fairs . , , in the department of agriculture unless a contrary intent clearly appears. •# Acts 1967, ch. 214, entitled "An act placing the position of director of plant pest - control under the civil service law", which was approved May'5,4967, provides as II, follows: ' The position of director of plant pest control in the department of agriculture shall, .. a . upon-the effective date of this act become subject to the civil service law and rules,.and. ^ T the tenure of office of the incumbent thereof -in the date of passage.of this,act if still 4 i the incumbent of said position on said'effective date,shall be unlimited,subject to said , ;. law and rules; provided, however, that he shall-be.subjected to a qualifyingexamina- ° 't tion for such position by the division of civil service,and,if Jie passes said examination, , " . shall.be certified for said position and shall be deemed to be permanently appointed i ;°thereto without being required to serve any probationary period. '` t -ems. -,1 r 'Total Client-Service Library®References— a. 3 Am Jut 2d,Agriculture§§1 et seq. • 11 -, -§ 1A. "Agriculture" "Farming"Farming" Defined. A riculture and "farming" shall include farming in all its I 4 t . u u I,: s branches and the cultivation and tillage of the soil, dairying, the z7 _° production, cultivation, growing and harvesting of any agricultural, gx i floricultural or horticultural commodities, y= 4 I.the growing and harvest- , • ing of forest products upon forest land, the raising of livestock, the s'• i f `'; keeping and raising of poultry, swine, cattle and other domesticated l. animals used for food purposes, bees, fur-bearing animals, and any g. practices, including any forestry or lumbering operations, performed 11 by a farmer, who is hereby defined as one engaged in agriculture or le 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 transpor- t,. 203 r It'll!: 3 3. j O-r S4;1A if 4 ,<. ak rn 4.v } 0 # . C. 128 ANNOTATED LAWS OF MASSACHUSETTS § 1A tation to market. (1952, 386; 1960, 181; 1987, 253, approved ul 1987, effective 90 days thereafter.) J Y 14, Editorial Note— The 1960 amendment. following "livestock", inserted ", the keeping and raising of poultry, swine,cattle and other domesticated animals used for food purposes," follow- ing "fur-bearing animals" deleted ", or poultry", and changed "preparation" to "preparations". The 1987 amendment, following "commodities", inserted ", the growing and harvesting of forest products upon forest land". l� .`r CASE NOTES "Agriculture" includes operation of v Curvin (1986) 22 Mass App 401, 494 irii piggery. Building Inspector of Mansfield NE2d 42. as �. . DEPARTMENT AND COMMISSIONER 2 Certain;Powers and Duties Defined. , l ti ' The department through its proper divisions shall;have power to— �,` ; • carry (a) Execute, and .into effect the laws relative to dairy prod t ucts, animal breeding,apple grading, plant,pest control except the i i ;' gypsy and brown tail moths and the.'tent caterpillars, apiary inspec-' 1._ i tion, and the production, storage, marketing and distribution of I agricultural products. ' ` (b) Aid in the promotion i and development of the agricultural resources of the commonwealth and the improvement of conditions of ' rural life, the settlement of farms and the distribution of the supply of farm labor. (c) Establish a foreign trade section in the division of agricultural 6 g y4 f development and investigate the cost of production and marketing in ',k. t= r all phases, and the sources of supply, of agricultural, aquacultural, 1-.., ; floricultural or horticultural commodities, transportation, storage, m:; marketing and distribution of said products sold, offered for sale, i'• stored or held within the commonwealth. 8fq F r. (d) Collect and disseminate data and statistics as to the food, pi. flowers and other horticultural products produced, marketed, stored i , or held within the commonwealth, with the quantities available from t`x' ii time to time and the location thereof. te, (e) Investigate and aid improved methods of co-operative produc- ?,; tion, marketing and distribution of agricultural products within the t commonwealth. 204 is-x • : ' i .. • § 2 AGRICULTURE C. 128 i. i f s , (f) Offer prizes for and conduct exhibits of flowers, fruit, vegeta- i bles, grasses, grains or other farm crops, dairy products, honey, C ,, horses, breeding ponies, cattle, sheep, swine, poultry, poultry prod- E+ ucts, rabbits, hares, dairy goats, farm operations, and canned and _ i, dried fruits and vegetables and offer prizes for, and in aid of, the elimination and suppression of insect pests. The department may also offer prizes for, and in aid of, such agriculturally related youth• , , programs as the commissioner may deem approved. To properly display exhibits authorized in this paragraph, the• department may g = expend such sums as may be appropriated therefor for the painting, , t' renovation, remodeling and maintenance of the state agricultural and i 'IV industrial building in the town of West Springfield and in the city of. : 1 ;i Brockton. ' ` i ;(g) To promote, develop and encourage through the Massachusetts i a Thoroughbred Breeding Program, breeding of thoroughbred horses' 1 7 r. in the commonwealth, by offering: a cash prize to the breeder of a 1 Massachusetts bred thoroughbred'horse, equal to twenty-five per cent; , of the purse' monies won, by said thoroughbred horse in any pan -.' ' .. ;y 4 e mutuel running; horse. race if said horse finishes first, second.or'third; ' ,r a,cash prize of fifteen per cent_of.,the purse won by said horse to the'`-, t t' owner of the,stallion, at the time.,of service to the dam of such purse; .• t •winner; provided, however,, than (i) the stallion: stood..the breeding* f season of February through June in the commonwealth, (ii) the horse. ' 1 ' • ",; ' finishes first; second or third,"and (iii) said stallion is registered with' , , .x r the department of food and agriculture; a cash prize equal to twenty per cent of the purse monies won by said thoroughbred horse in any. • •. . i 4 r ,, unrestricted pari-mutuel running horse race to the owner of a A Massachusetts bred horse if said horse finishes first, second or third. ! . The department is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred thoroughbred race horses 4 from the Massachusetts thoroughbred breeding program at licensed ,7 ; pari-mutuel race meetings authorized by the state racing commission. < I. .i' , - 'n�h rAt es may be betting or non betting races and may or may not t. r t��' �. � 1 !;, ... �.•, ";`�'' t .c7 thY d.! t. fu t to k', ,' -i ;, �'!I!"se Rll!n!t• paid by the .iUNettila..rtl un.ct .... ..:`.:; =j such amounts as the department shall determine and may be the sole ` cash purse for such races or may be supplemental to the cash purses k , ; ` established by the licensee; provided, however, that no person, part- c nership, corporation or group of persons may receive more than five ,t d` thousand dollars as a cash prize breeder's award from the department , of food and agriculture for an individual horse race within the , ,{F r ( f1 ! F-t1,^.T 1'-rS' r3S,. Chad '� 7 ? � 1. b o st S ' I � sfti t � `�}"t fil 1 t` t ; ,443. a 1 f it jti, • f `. .ai` w ;;:it. ,_Y • 1,1 • C. 128 ANNOTATED LAWS OF MASSACHUSETTS No person shall be eligible for the prizes provided herein unless the -r' - following standards are met. (1) The foal of a thoroughbred mare that drops said foal in the '4C commonwealth, and is bred back to a Massachusetts registered ,:,F . i stallion shall be Massachusetts bred; or ,,-i 'P (2) The foal of a thoroughbred mare who resides in the common-•- s wealth from the fifteenth day of October of the year prior to foaling, . ..:'0,. l' and continues such residence until foaling and foals in the common- wealth shall be Massachusetts bred. s3 (3) In either the case of subparagraph (1) or (2), each thorough . bred foal dropped in the commonwealth shall be registered with the I Jockey Club, the department of food and agriculture, and the Massa- each Tu B Ai . g (4) Priorttshoro to,thehbred first day reeders of Septemberssoc ation of each year, each person chus standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the department of food and `: agriculture: (a) a.list of all thoroughbred mares bred,to such stallion - in that'°year;°:.and. (b) a verified statement representing ;that said. i - stallion stood the entire breeding season in the commonwealth. ; xU -i The department is further authorized to expend.,up to eight per` cent of the amount,appropriated each fiscal year. to said program for . advertising, marketing•:„and promotion of thoroughbred,breeding in 1 j` Massachusetts ;' ' ;(h) Allot to fairs monies for the purchase, rental or installation of facilities toe;further aidl in the display of exhibits and the. health and' . . comfort of the,general public; provided, however, monies shall not.be 3 ` expended on any portion of the fair used for horse or dog racing. It may also publish annually a leaflet relative to trees and birds, which shall be approved by the commissioner of education, and may fii ,1 distribute the same to the superintendents and teachers of rural and tit suburban public schools prior to Arbor and Bird Day. t (i) To promote, develop and encourage through the Massachusetts 4 ".': #i greyhound breeding program, breeding of racing greyhounds in the 34 : commonwealth by offering- a cash Prize to the breeder of a Massa- chusetts bred greyhound, equal to not more than twenty-five per cent fof the purse monies won by said greyhound in any pari-mutuel _.; ,# greyhound race if said greyhound finishes first, second or third; a .:' cash prize of not more than fifteen per cent of the purse won by said r, greyhound to the owner of the stud; provided, however, that (i) the :4 3 stud stood in the commonwealth at the time of service to the bitch and the owner of the stud was a Massachusetts resident, (ii) the greyhound finishes first, second or third and (iii) the stud is registered j t„ _ 1 I § 2 AGRICULTURE C. 128 , ' with the department as a stud standing in Massachusetts at the time i , of mating; and a cash prize equal to not more than five per cent of f the purse monies won by said greyhound in any unrestricted pari- i mutuel greyhound race to the owner of a Massachusetts bred grey- t , hound if said greyhound finishes first, second or third. The department is further authorized to pay cash purses for stakes i ' races to be limited to Massachusetts bred greyhounds from the i ' , Massachusetts greyhound breeding program at licensed pari-mutuel j• 1 race meetings authorized by the state racing commission. Such races l,; may be betting or nonbetting races and may or may not be races i 1 l s • scheduled by the licensee conducting the racing meeting. Purse 1 ; monies and prize monies paid by the department under this section ••-. may be in such amounts as the department shall determine and may = i , be the sole cash purse for such races or may be in supplement to the ; cash purses established by the licensee. 1 ? No person shall be eligible for the prizes provided herein unless all , , I ''. of the following standards are met: 1 (1) the stud is standing in Massachusetts at;,the time of mating and • I{ is.owned or leased by a Massachusetts resident;:and .'z (2) the greyhound is whelped in Massachusetts from a bitch owned r,1 -• by a-Massachusetts resident, and, t f- iY ; ,> ` ' ) i (3)' the greyhound is physically present within Massachusetts for • • r • e ;E,. 'the. first•six months of the first.year following the"date such grey- ahound.was whelped;.and . . =`. ', ' (4) the'greyhound is certified 'as a-Massachusetts bred greyhound 1. ;1 • by the department. , �. The department shall, with, the approval • of the state racing a ? commission, and after public hearing, adopt rules and regulations for 4 ; r ' the expenditure of sums appropriated to carry out the provisions of - #: - this paragraph and for the registration of Massachusetts bred grey- • hounds. Said rules and regulations shall contain provisions for the rc t . ;1' '-, 7 1 : '' i eligibility of greyhounds for participation in such program where such greyhounds were whelped in Massachusetts prior to November - first, nineteen hundred and eighty-six, which greyhounds may be l{ •:.- deemed to be Massachusetts bred for purposes of this paragraph. Said rules and regulations shall be subject to section nine B of chapter one hundred and twenty-eight A, in the same manner as if they had been adopted by the commission. i . The department shall establish rules and regulations to provide for y ;, the expenditure of monies in compliance with the provisions of ; . (f), and i . Before establishing such rules, the paragraphs (b), (g), () � - commissioner, after reasonable notice setting forth the date, place 1 x• 14: i 207 5 1 I C •• t 0ar"*'M r'a 1 . i. 4Er1 f ( `` [ -. " -'- 4Et'. n s; 0 n I C. 128 ANNOTATED LAWS OF MASSACHUSETTS 3i `' § 2 3 3 ` and purpose, shall hold a public hearing relative to such rules. (1852, ' _ 142, §3; GS 16, § 5; PS 20, § 6; 1891, 412, § 11; RL 89, §§6, 11; t i s 1909, 428; 1910, 427; 1912, 411; 1913, 319, 590; 1914, 267, 298; 1917, 1 . 74, §2; 85; 1918, 241; 1919, 350, §§ 34, 38; 1921, 206; 1933, 291, § 1; I. 1937, 415, § 1; 1938, 230; 1941, 490, §30; 1941, 598, § 3; 1956, 694; 4 . 1957, 428; 1962, 558; 1965, 619; 1968, 628, § 1; 1969, 807, § 2; 1971, i, ` 987, §2; 1973, 846; 1973, 1066; 1981, 351, §§ 264, 265; � � � 650; 1971, , t 1981, 558, §§6, 7; 1985, 580, §§ 7, 8; 1986, 277, §2, approved July 16, 1986, effective 90 days thereafter; 1986, 557, § 119, approved, 1" t with emergency preamble, December 8, 1986.) ' Editorial Note- A .- The 1956 amendment in paragraph(f), added one new sentence at the end. ! The 1957 amendment in paragraph (d), made it applicable to flowers and other • horticultural products. c The 1962 amendment in paragraph(f), added breeding ponies to the prize exhibits The 1965 amendment added a new paragraph at the end of the section to authorize :" i , the establishment of rules for the expenditure of certain funds. 4 - The 1968 amendment added,',to,paragraph (f) a new sentence referring to the , t;. a, ' " offering of prizes for,and in aid of,agriculturally related youth programs. * J i The 1969 amendment added paragraph,(g) 4 _ The first 1971 amendment rewrote,paragraph (c)_ to include provision.for:the uy,; ' a 5 n I establishment of a foreign,trade,section in.the division of markets. 's a ' ' t a The second 1971 amendment added paragraph (h)relative to an allotment to,fairs 't '* which'do not conduct horse or dog racing meetings. 0;, i 4 The first 1973`amendment,.rewrote the first sentence of.paragraph (g) to make it t apply specifically'to pari=mutuel thoroughbred horse races and to change the,owners n„ • prize amount from 5 percent of the prize awarded the horse to 25 percent of the ,-"4 1 breeder's prize. i ' , ,The second 1973 amendment rewrote paragraph (h) to change a prohibition c;u: against allotting money to fairs which conduct horse or dog racing meetings, to the prohibition against fairs to which money has been allotted spending any portion of the allotment on such a meeting. .!. The first 1981 amendment, by §264 of the subject Act, revised paragraph (c) so K that a foreign trade section would be established in the division of "agricultural <r , `t development" instead of the division of "markets", and expanded the mandate of such ' ' a foreign trade section to include "aquacultural, floricultural and horticultural com- e;; ;. , 4� i modities"in addition to agricultural commodities,and,by §265 of said Act,in the first v 3 i sentence of the last paragraph, deleted "of paragraphs (6) and (f)", after "sums 4; appropriated to carry out the provisions". 3 - The second 1981 amendment rewrote paragraph (g) by providing additional guidelines for the promotion of the breeding of thoroughbred horses through the ! Massach ThoroughbdBreeding Program,and amendment also purports to = j f amend the last sentence of the section; however, in the opinion of the editor, said ,r, { amendmentusetts actually rewrotere theBree firstdi sentence of the last said paragraph. L b t The 1985 amendment, in part (iii) of the first paragraph of subsection (g), after 1, "prize equal to", replaced "five" with "twenty", and added the second paragraph of P .r 1 subsection(g). «-4 ` ' The first 1986 amendment added paragraph(i), encompassing four paragraphs. 1' The second 1986 amendment rewrote this section adding to the last paragraph a le -'l 208 I f- ; I y' try 6 0 F II I § 2A AGRICULTURE C. 128 t t 1 1 requirement that the commissioner give notice and hold public hearings prior to establishing ,n' ri,lr, ••r regulations foi the certain corrective changrstth re ,f monies in compliani.e with i ,-, the section, and also m ' t Cross References— ��ii, As to organization of the department, see ALM GL c 20 and the notes thereto. 9 [ 'i Code of Massachusetts Regulations— Y� • { .-! Food and agriculture fairs,330 CMR 7.01 et seq. III Prevention, suppression and extirpation of equine infectious anemia in horses, 330 1 .. • CMR 16.03. 4 Massachusetts greyhound breeding program, 330 CMR 24.00 et seq. , , 1t Annotations— • Judicial review of administrative ruling affecting conduct or outcome of publicly � � � s regulated horse,dog, or motor vehicle race. 36 ALR4th 1169. ` k, CASE NOTES Expense may'not be incurred by send- moth in Europe.2 Op AG118. t purpose Foal dropped in Massachusetts"but'not • ti ing agent to another State for ur ose of _. investigating question of ,existence of conceived herein is eligible. for. prize � gypsy moth in that,state.'1 Op AG 382. awarded by Department of Agriculture. • G; t Expense may not be incurred by send- to person •owning horse at time it,quali K p P P fies for such: •prize.1970-1971 Op AG 6 • r • ' frig aagent uestio o 'e for ur ose of roves-, + , f �:. tigating question. of existence_of gypsy "i 1 r [§'2A .,'Horde sRiding Instructors to Be Licensed, Fees, etc , t No 'No person shall hold himself out to be a horse rid h g commtssor-foroner. i r ,, hire without being licensed for such purpose'by be filed with the ,, { r I f Application' for a license under this section may commissioner and shall contain such information as he" shall prescribe:' Every such application shall be accompanied by a registration fee of 1 .* ten dollars, which shall in no event be refunded. If an application is I•s. payment of an . . approved by the commissioner, the applicant upon the a additional fee of fifteen dollars shall be granted a license, which shall T. F expire on March thirty-first following the date of issue, unless sooner i _ revoked. The annual fee for renewal thereafter shall be fifteen F 4, 1 _.; ;, :.t i. a. i:,; - ,t ,.fin u #, • on the margin of the license in the space provided for such pui Nib, ,• i F , ,t 1. immediately upon the receipt of said license, and such license shall not x t be valid until so endorsed. In case of loss, mutila ion, or des ruction _ • ./ , of a license, the commissioner shall issue a dup upon proper , -i proof thereof and payment of a fee of two dollars. ,f The commissioner shall make rules and regulations governing the I , ,;,.„ „f girl lirenee and shall establish the mini- it- I •K IL- la F l - t i- f ,T 1 1 . i' • t - :J _I t, +. ------- .__ nr r. v --. .• aBttta..XYF. •«z, • 6 11) mum qualtncatlons for for is�ua{IAc 1ilr,,„; :: ::.. 9 .. ..._ _.. .... ':, . 1 applicant meet or exceed the minimum qualifications established by the commissioner he shall be issued such license. (1972, 527.) t :,,r. t Cross References— , ` As to licensing of pet shops,see ALM GL c 129§39A. ;Y. 1 a `= Code of Massachusetts Regulations— Horse riding instructors, 330 Cb1R16.01. Y, _ t 2B. Operation of Riding Schools and of Certain Stables ;.,Y 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 'F Y. 11 the date of issuance, unless 'sooner revoked: The' commissioner, , : subject.to the approval of the governor may make rules and,regula „` Lions governing the issuance and revocation,of such licenses and the c ; conducting of the businesses so licensed and relative,to the mainte Hance of the premises, buildings 'and-conveyances, the health of the ,.; horses or other equine animals, and the method and time of tnspec r t ton and'checking-of said animals. Whoever violates any provision of ,y , i this,section or of any rule or.regulation made thereunder shall .be ti funished 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— a The 1973 amendment changed references to the director to references to the 't i , commissioner. -. . 4 , .- Code of Massachusetts Regulations— '. ,.1 Hnrseriding school operators, 330 CMR 1602. 1:, k,: ii:ti 2C. Agricultural Fairs; Administration of Drugs to Animals * ' Es : Participating in Contests. fI No person shall administer or cause to be administered any drug, 1 1. 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 }r} ' V A. '41, ,,,f,,r , ;,,,,l,, -i,•,I I;,„i.r thr r,r;;viann.. ,.+ _,al.jt,r•ahi, (ri .. t ` - i' 210 •z .4 }:. ^fir. { T r 4 .1s 111, C. 128 ANNOTATED LAWS OF MASSACHUSET S .I TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 128 Agriculture New Sections'Added • Sec. 2D. Sponsors of, and Liability in Connection With, Equine Activities; Required Warnings; Definitions:. 2E. Limitation,of'Liability,. of "Pick-Your-Own" Farming Operations ,' and Their Personnel; Posting of Warning Notice.. 38B. Massachusetts State Exposition:Building.Maintenance Fund •• h> DEFINITIONS A,. ` *$ , Definitions t '- ,'y' n 1 t 4 '1 {" C G • Research References— .. 6 Mass Jur,Property 12:7. 1A. Farming and Agriculture Defined. "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultiva- tion, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest prod- ucts upon forest land, the raising of livestock including horses, the keep- • ing 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 opera- tions, 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. History— Amended by 1989, 225, approved July 11, 1989, effective 90 days thereafter; 1995, 38, t 142. appretveri lune 21. 1995, effrc; ve July 1, ►995: Editorial Note— The 1989 amendment, in the first sentence, following "livestock", inserted "including horses". 44 For later statutes and case citations,see Quarterly Update Pamphlets. a • �.>2 SUPPLEMENT TO CHAPTERS 124-129A C. 128 The 1995 amendment rewrote this section,adding harvesting of aquacultural commodities d the keeping of horses as a commercial enterprise. Research References- 2Mass Jur,Property 119:27. 2 Massachusetts Jurisprudence, Environmental Law 4 11:75. • CASE NOTES d x Landowner's proposed use of 5-acre por- or horticultural use of land and therefore was • don of 39-acre parcel to excavate and re- subject to zoning by-law prohibiting com • - '_.move•300.000 to 400,000 cubic yards of mercial earth removal.Henry v Board of Ap- gravel so as to allow for access to"Christmas peals (1994)418 Mass 841,641 NE2d 1334. :tree farm"was not incidental to agricultural DEPARTMENT AND COMMISSIONER Z.a..2. Certain Powers and Duties Defined. • The-department through its proper divisions shall have power.to— ri [No change through Subsection (f).] _ (g) Promote, develop and encourage through the Massachusetts t Thoroughbred Breeding Program,the breeding of thoroughbred horses :lac-in the commonwealth by offering cash prizes to breeders orsuch horses' ''.in the `following manner: the :Ma-sachusetts Thoroughbred Breeders Association,-Inc shall from time to time in consultation with the chair--'" • r zman of the racing commission and the program manager for the equine ►.•'_division in the department of agriculture set percentages for.bo- nuses to be awarded to the breeder of a Massachusetts bred thorough- L_ bred,horse, of the purse monies won by said thoroughbred horse in any pari-mutuel running' horse race if said horse finishes first, second or z+; third; the percentage for a cash prize to the owner of the stallion, at the :-time of service to the dam of such purse winner; provided, however, that (i) the stallion stood the breeding season of February through June - in the commonwealth, (ii) the horse finishes first, second or third, and _.:(iii) said stallion is registered with the department of food and agricul- ' ture; the percentage for a cash prize for the purse monies won by said thoroughbred horse in any unrestricted pari mutuel running horse race t:-_,to the owner of a Massachusetts bred horse if said horse finishes first, r second, or third. The Massachusetts Thoroughbred Breeders Association, Inc. is fur- ther authorized to pay cash purses for stakes races to be limited to Mas- • sachusetts bred thoroughbred race horses from the Massachusetts ▪ thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting -:_or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the as- sociation under this section may be in such amounts as the association shall determine and may be the sole cash purse for such races or may ▪ be supplemental to the cash purses established by the licensee; pro- ,: vided, however, that no person, partnership, corporation or group of tk `, persons may receive more than five thousand dollars as a cash prize breeder's award from the association for an individual horse race within +' &. � � i; +t ; ` ;' + S.a� • For latest statutes and case citations,call 1-800�483410. . h , s : ✓ � 3 C. 128 ANNOTATED LAWS OF MASSACHUSETIS $ 2 . the commonwealth. For the purposes of this section a horse race shall mean a thoroughbred race of any kind held within the commonwealth except at fairs. No person shall be eligible for the prizes provided herein unless the following standards are met: (1) The foal of a thoroughbred mare that drops said foal in the commonwealth and is bred back to the Massachusetts registered stal- lion shall be Massachusetts bred; or (2) The foal of a thoroughbred mare who resides in the common- wealth from the fifteenth day of October of the year prior to foaling,-t and continues such residence until foaling and foals in the common-- wealth shall be Massachusetts bred. (3)In either the case of subparagraph (1)or (2) each thoroughbred foal dropped in the commonwealth shall be registered with the Jockey Club and the department of food and agriculture. (4) Prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all thoroughbred mares bred to such stallion y in,that year; and (b) a verified statement representing%that said stal- y. lion stood the entire breeding season in the.commonwealth The; 'Massachusetts Thoroughbred Breeders Association;.,Inc.- is hereby:`further authorized to expend up to eight percent of:'the;:amount received each fiscal year for said program.for advertising, marketing, promotion, and.administration of the thoroughbred breeding program s in the commonwealth: , XThe state auditor`shall annually audit the booksof the.Ma'ssachu'setts: Thoroughbred;Breeders,Association; Inc.:,to f insure tcomp)iance with- 4 this section ?. M q i S j M r [No?change through Subsection (i)], ;3 ;� ' .;t' 3 g r:;(j)-Promote,develop and encourage through the Massachusetts Stan-ctdardbred'Breeding Program, the breeding of standardbr`ed'horses in .'the commonwealth by offering cash prizes to breeders of such horses in the following manner: a representative organization cif standardbred breeders and owners approved by the state racing commission, shall, from time to time in consultation with the chairman of the racing com- mission and the program manager for the equine division of the depart- - ment of food and agriculture, set the percentages for purses and stal- lion awards to be awarded to the breeder Of a -Massachusetts standardbred horse; provided, however, that a maximum of fifteen f percent of such sums shall be awarded to the owner, or lessee of the .- stallion who owned or leased such stallion at the time the stallion sired a Massachusetts standardbred horse. p The standardbred horses and stallions eligible to participate in the purses and stallion awards provided herein shall be limited to those of racing ages two and three and which have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion stood the entire breeding season of 46 § a . For later statutes and case citations,see Quarterly Update Pamphlets. =- 1.1 • • { SUPPLEMENT To CHAPTERS 124-129A C. 128 February first through July fifteenth in the commonwealth in the year any such eligible foal was conceived. The representative organization of standardbred breeders and own • - " �'ers approved by the state racing commission is further authorized to pay • , cash purses and stallion awards for stakes races limited to Massachusetts standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed • h'pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or nonbetting races and may or may not be pri scheduled races by the licensee conducting the racing meeting. All races y • for the standardbred breeding program shall be held at a licensed pari- iaaAt"mutuel facility. Purse monies and-stallion awards paid by the represen- tative organization approved by the state racing commission may be t • "ir..7 paid in such amounts as the representative organization shall determine and may be either the sole cash purse and stallion award for such races or may be supplemental to the cash purses and stallion awards estab-: �n lished by the licensee of the pari-mutuel facility. Prior to the first day of October of each year, each breeder standing Fa standardbredstallion in,the commonwealth at either private or.public -• a list service shall.file with the department of food and agriculture: (a)' •Ir of all standardbred mares bred to such stallion in that year; and (b) a , • °O verified statement;representing that said:stallion stood,the entire breed- mg season in the commonwealth. The representative organization is hereby further authorized to ex- pend up to eight,percent.of the amount:received each fiscal year for said program for advertising,'marketing, promotion and administration of the standardbred breeding program in the commonwealth. The state auditor shall annually audit the books of the qualified 4'11or•ganization to ensure compliance with this section. 1)17 History— Amended by 1991, 114, 4 I, approved July 8, 1991, effective by act of Governor.July 9, 1991,applicable to licenses applied for or granted for racing to commence on or after Jan 1, '1992; 1992, 101, 5 1,approved,with emergency preamble,July 6, 1992. Editorial Note— ;.•The 1991 amendment rewrote paragraph(g),making the following changes therein:in the _first paragraph,changed the provisions relating to cash prizes,which previously provided for t` specific percentages as cash prizes, in the second paragraph, substituted "Massachusetts f' Thoroughbred Breeders Association, Inc." or "association" for "department" or "depart- ment of food and agriculture",in clause(3)of the third paragraph,after"Club",deleted the comma, inserting "and" in its place,and following"agriculture", deleted ", and the Mas- sachusetts Thoroughbred Breeders Association",in the fourth paragraph,substituted"Mas- 'sachusetts Thoroughbred Breeders Association, Inc. for"department" and ", promotion, and administration of the thoroughbred breeding program in the commonwealth"for"and promotion of thoroughbred breeding in Massachusetts", and added the last paragraph requiring an annual audit. The 1992 amendment struck the last paragraph which read: "The department shall establish rules and regulations to provide for the expenditure of monies in compliance with the provisions of paragraphs (b), (f),(g),and (i).Before establishing such rules,the commis- sioner,after reasonable notice setting forth the date,place and purpose,shall hold a public hearing relative to such rules." and added subsection (j). Section 11, of the amending act, provides as follows: Yr r 47 i ,.,.t• • For latest statutes and case citations,call 1.800-48-3410. r�((yd� ,ylT " �1 a • C. 128 ANNOTATED LAWS OF MASSACHUsms § 2 ; Secnom 11.Notwithstanding the provisions of paragraph(j)of section two of chapter one : t hundred and twenty-eight of the General Laws,for the period between January first,nineteen .+e. i,tjl hundred and ninety-two to December thirty-first,nineteen hundred and ninety-five,the only =Rni standardbred horses and stallion awards set forth therein shall be those bred during the :' '8t period between February first,nineteen hundred and eighty-three and July fifteenth,nineteen l; hundred and ninety-one or the foal of standardbred horse which was foaled by a stallion • ni which stood the entire breeding season between February first and July fifteenth in the coin- ,••• monwealth in the year any such eligible foal was conceived. • Beginning with the nineteen hundred and ninety-two standardbred breeding season,each standardbred stallion must be properly registered with the department of food and agricul- ture. For the nineteen hundred and ninety-two breeding season only, the deadline for '"a registering a standardbred stallion eligible for stallion awards and whose foals are eligible for cash purses pursuant to this section and section two of chapter one hundred and twenty-eight shall be July first, nineteen hundred and ninety-two and each calendar year thereafter, the deadline shall be January thirty-first. • r 2D. Sponsors of,and Liability in Connection With,Equine Activi- ties; Required Warnings; Definitions. (a) For the purposes of this section, the following words shall have the following meanings:— . "Engage in an equine activity", riding, training,assisting in veterinary, • �:; treatment of, driving;'or being a passenger upon an equine, whether • mounted or unmounted,visiting or touring or utilizing an equine,facil ity as part of an organized event or activity,or assisting a participant ors show management „The term "engage in an equine..activity" shall not' e include being.a"spectator at an equine activity,except in cases where the 1' spectator 'places,himself in,an unauthorized area or in immediate' 3(l roximit to the a uine'activit p y q Y . "Equine", a:horse, pony, mule, or,donkey. r °k• ` �-t ` dor ,' Equine.activity",f(1)equine?shows,fai-s,competitions,.performances, 'par. or parades-that•involve'any':orsall'breeds_of equines:,and anytiof the,; equine disciplines .including,:but not limited Ao, .dressage, hunter4nd i "sen • ",jumper horse shows,}grandrprix jumping, three-da`y;events, combined; training, rodeos, riding,'driving, pulling,cutting, polo,'steeplechasing, otli English and; western -performance riding, endurance traili.riding, :fro` gymkhana games, and hunting;":(2) equine training or teaching activities or"both; (3) boarding equines; including normal daily care thereof; (4j uol riding, inspecting, or evaluating by a purchaser or an agent an equine r • belonging to another, whether or not the owner has received some, monetary consideration or other thing of value for the use of the equine. or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (5) rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (6) placing or replacing horseshoes or hoof trimming on an equine; and (7) providing or assisting in veterinary , treatment. tr "Equine activity sponsor",an individual, group, club, partnership, or :., corporation, whether or not the sponsor is operating for profit or { nonprofit, which sponsors, organizes, or provides the facilities for, an a` -. equine activity,including but not limited to:pony clubs, 4-H clubs,hunt clubs, riding clubs, school and college-sponsored classes,programs and 48 For later statutes and case citations,see Quarterly Update Pamphlets. �. u • 2D SUPPLEMENT TO CHAPTERS 124-129A C. 128 ty7S. "activities, therapeutic riding programs, stable and farm owners and operators, instructors, and promoters of equine facilities, including but 61ot limited to farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held. "Equine professional", a person engaged for compensation: (1) in instructing a participant or renting to a participant an equine • s.for the purpose of riding, driving or being a passenger upon the equine; (2) in renting equipment or tack to a participant; (3) to provide daily care of horses boarded at an equine facility; or (4) to Ii?tt train an equine. ''Inherent risks of equine activities", dangers or conditions which are „rt an-integral part of equine activities, including but not limited to:. id_'.` (1) The propensity of equines to behave in ways that may result in einjury, harm, or death to persons on or around them; (2) the y i + unpredictability of an equine's reaction to such things as sounds,sud- S . den movement,and unfamiliar objects,persons,or other animals; (3) certain hazards such as surface and subsurface conditions; (4) colli- • stons with other equines,or objects; (5).the potential of a participant r r---to. act in .a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the -animal or not actingwithin' his-ability. Y "Participant', any person, whether amateur or professional,.who. engages in an equine activity, whether or not a fee is paid to participate an such equine.activity a- Exce t as provided in subsection c ,an equine activitysponsor, an (b) P O q :� p equine professional, or any other person, which shall include a corpora- tion'or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and,except as provided in said subsection (c), no participant nor participant's repre- sentative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. =(c) This section shall not apply to the racing meetings as defined by sec- tion one of chapter one hundred and twenty-eight A. - Nothing in subsection (b) shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) (i) provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or (ii) provided the equine and failed to make reasonable and prudent efforts to ''determine the ability of the participant to engage safely in the equine activity, and determine the ability of the participant to safely manage the - particular equine based on the participant's representations of his abil- ity; y (2) owns, leases, rents, has authorized use of, or is otherwise in law- ful possession and control of the land, or facilities upon which the ,k• 49 4- 4 ' y^ 4 N � � 7 � For latest statutes and case citations,call 1-800.448-3410. y� �s� 3 L : .Y s 0 • 'axis-' C. 128 ANNOTATED LAWS OF MASSACHUSEtTS ,_ :• ..,t � 2D 0� participant sustained injuries because of a dangerous latent condition 'a which was known to the equine activity sponsor,equine professional, or •3E person and for which warning signs, pursuant to subsection (d), have not been conspicuously posted; :11 (3) commits an act of omission that constitutes willful or wanton 20( disregard for the safety of the participant, and that act of omission ` caused the injury; or jIt: (4) intentionally injures the participant. xtiO (d)(1) Every equine professional shall post and maintain signs which en contain the warning notice specified in paragraph (2). Such signs shall be ` • placed in a clearly visible location in the proximity of the equine activity.- '"ice The warning notice specified in said paragraph (2)shall appear on the signre: P �P PP ��; � res in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the •en providing of professional services, instruction, or the rental of equipment 'en or tack or an equine to a participant, whether or not the contract involves_ ' equine activities on or off the location or site of the equine professional's '' a'1 business,.shall contain in clearly readable print the warning notice sped-,. • fled in said paragraph.(2). , :;•ag • (2) The signs and:contracts described in paragraph (1) shall contain . lei the following notice: f ; . - ,co ,- 1t WARNING ' Under Massachusetts law, an equine professional is not`liable for t - t e- } an injury to,or the death of wa participant in equine activities result # '" .. y3 3 ing from the inherent risks"of equine activities, pursuant.to section «-1 :; 2D of chapter'128°of�the General'=Laws 4 , * IV. t ' ,..' :a :History ,f ,;, . . y • , •.• t t ��. ''Added by 1992 212,.4 I.approved,with emergency preamble,Oct 16, 1992(see Editorial a 8�, ` Note.below). ' ..s Nc'�;,. Editorial Note— - Section 2 of the inserting act provides as follows:• : ` . x' f Seenop 2.This act shall apply to causes of action filed on or after the effective date of this 1 act. .: Research References— Rt 4 Am Jur 2d,Amusements and Exhibitions 44 53,54,67,96,99. i' 4 Am Jur 2d,Animals if 86,87, 100, 103. 104, 106. ?:..; lB Am Jur PI&Pr Forms,Rev,Animals,Forms 151, 157-159. 1/4i ;`, ' 13 Am Jur Proof of Facts 2d 473,Knowledge of Animal's Vicious Propensities. 25 Am Jur Proof of Facts 2d 461,Failure to Use Due Care in Providing Horses for Hire. ':: AA t Annotations— : `gg • Liability for injury inflicted by horse,dog,or other domestic animal exhibited at show.80 3c=to ALR2d 886. :. Liability of owner of horse to person injured or killed when kicked,bitten,knocked down, ;..3 • and the like.85 ALR2d 116E Liability of owner or operator of horse or dog racing track for injury from racing opera- -- �: h. ' tions or condition of premises.87 ALR2d 1179. Lt: • Liability of youth camp,its agents or employees,or of scouting leader or organization,for - ;; it injury to child participant in program.88 ALR3d 1236. •- 50 t For later statutes and case citations,see Quarterly Update Pamphlets. is it ::_ 410 SUPPLEMENT TO CHAPTERS 124-129A C. 128 ^liability of owner or bailor of horse for injury by horse to hirer or bailee thereof.6 ALR4th )5)% ?Lability for injury or death of participant in automobile or horse race pt public track. 13 Al Roth 623. ,liability to adult social guest injured otherwise than by condition of premises. 38 ALR4th glti • LIE., Limitation of Liability of "Pick-Your-Own" Farming Opera- Qions:and Their Personnel; Posting of Warning Notice. No!..owner, operator, or employee of a farm who allows any person to enter said farm for the purpose of agricultural harvesting, including the cutting of Christmas trees under a so-called "pick-your-own" agreement shall be liable for injuries or death to persons, or damage to property, resulting from the conduct of such operation in the absence of wilful, wanton, or reckless conduct on the part of said owner, operator, or employee. t Said:owner or operator of said farm shall post and maintain signs which contain the warning notice specified herein. Such signs shall be placed in a location•visible to persons allowed to enter said'farm for the purpose of agricultural harvesting.:The warning notice shall appear on,a sign in black letters, with::each letter to be a minimum of;one inch in;height-'and:shall contain the following notice: i t �, WARNING iri ,Under.;section 2E. of chapter 128 of the General Laws the owner, :operator, or any employees of this farm-shall not be liable for injury or i,:death.of persons, or damage to property, resulting out of the conduct z of this ."pick-your-own" harvesting activity in the absence of wilful, .5^wanton, or reckless conduct. History- Added by 1994,89,§ 1,approved,with emergency preamble,Aug 12, 1994(see Editorial Note below). Editorial Note— .Section 2 of the inserting act provides as follows: Seciiort 2. The provisions of this act shall apply to causes of action accruing on or after the effective date of this act. Research References- 57A Am Jur 2d,Negl§§49, 55. 3 Y: •tg: INSPECTOR OF APIARIES n2... Duties of Inspector; Regulations by Commission. -There shall be within the department a full-time chief apiary inspector to perform the duties of the department relative to a program for the inspection and control of bees, as provided in sections thirty-two through thirty-eight, inclusive. Subject to appropriation, the apiary inspector shall • have a staff to perform said duties. With the approval of the commissioner, ; ! the inspector of apiaries shall prepare and distribute from time to time such literature upon the subject of bee culture as he deems advisable, shall r' E , ; 51 � x=� For latest statutes and case citations,cell 1-800-446-410. ` 4 � 44; z . k i 1176 Mass. 527 NORTH EASTERN REPORTER, 2d SERIES property.' The judge instructed the jury resentencing the defendant as upon a ver- otherwise without objection. The defend- dict of guilty of simple wanton destruction ant claims that as a result of the judge's of property. erroneous instruction he is entitled to a SO ORDERED. new trial. We disagree. Although the judge's instruction was er- w ror, it was not material to the defendant's O SIfEYNUMBERSYi7EM conviction. Indeed, in a sense the instruc- r tion was more favorable to the defendant than the one to which he was entitled be- { cause it required the Commonwealth to prove an additional element in order •to 26 Mass.App.Ct. 970 convict the defendant of the offense. jzoMitchell STEEGE et al' [7,8] However, in a different respect v. the judge's charge did harm the defendant. BOARD OF APPEALS OF He instructed the jury that the Common- wealth must prove beyond a reasonable STOW et al? doubt that"the value of the property dam- No. 87-1259. '' age exceeded one hundred dollars"(empha- sis supplied). This'was error because, un Appeals.Court.of Massachusetts, • Middlesex. , t der:G.L.c 266,.;§":127 (note 1, supra), it is . , ,.. the value of the "property so destroyed or Argued June 8..1988. injured" that must be found to exceed:one Decided Sept. 90988: hundred dollars,not the amount of•damage ` to the property that'.must exceed one;hun- . dred dollars 2:; Although;the evidence in Property owners -".brought action ,i this case warranted a finding that the val- against town board of appeals, town build= ue of the property so destroyed or injured ing inspector and town, seeking declaration. was more than one hundred dollars, the that their use of their land was agricultural ,- s - jury were not instructed on that point, and and thus exempt from local regulation. `; the defendant was found guilty and sen- The Land Court, Middlesex County, ruled tented for causing wanton destruction to that operation of boarding stable for hors- + property of the value of more than one es and riding academy was agricultural use hundred dollars. That was error. so as to exempt property owners from pro- The judgment on the complaint that scriptions of town's bylaw, and appeal was _ charged wanton destruction of property taken. The Appeals Court held that prop- t t#' valued at more than one hundred dollars is erty owners' purchase and raising of hors- vacated, and the case is �oremanded for es, stabling of horses, training through o } fie 1, g op- 'A. ' f` 1. The value of the property destroyed or injured 2. The judge may have been misled by the jury c4;<l:9 only affects the possible sentence of a defendant ' instruction on wanton destruction of property Y.•Y convicted of wanton destruction or injury of found in Model Jury Instructions for Criminal l+i' " property. See G.L.c.266,§ 127,as appearing in Offenses Tried in the District Courts (1983). i 1,; :, St. 1982, c. 229, § 2, which states in relevant That instruction (5:30) provided that the Com- :; part that "if such destruction or injury is wan- monwealth must prove beyond a reasonable 1 ton. [the defendant] shall he punished by a fine i t i 4doubt that "'the value of the property damage of fifteen hundred dollars or three tt,nes the 1 ' r�::rgtjrii :nr l!u!iilrril !h•i?;1r� Irtii,!i + tti t,i? a 4 'i'ie ($ the prrpertp so destr0}'cd ci" injurt-.f, �,`i e �which:evet is greater, or by imprisonment for t'i'"I] That ructttction has cin.kt ,.r i,t.r;n rre!a- i ; not more than two and one-half years; if the Cd. See Instruction 5:30 as revised in 1988. c value of the property so destroyed or injured is t`-r e t. e 1. Katherine Steege.it. not aaeg d to exceed one hundred dollars, the g t), -: punishment shall be by a fine of three times the value of the damage or injury to such property 2. The building inspector of Stow and the town x,-j/ '- or by imprisonment for not more than two and of Stow. I.t. ' one-half months...." t ii 1, I 1 1 i I::;_ ; STEEGE v. BOARD OF APPEALS OF STOW Mass. 1177 Cite 66527 N.E.2d 1176(Mass.App.Ct. 1988) j,' (;: eration of riding school and participation in for giving riding lessons; and for the rid- I 1 horse shows was "agricultural use" of ing use of owners of the boarded horses. f4- I.. ; :.' 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- i Affirmed. ing school. On August 2, 1984, the build- '; li; ing inspector ordered the Steeges to"cease ' <1• and desist immediately the riding school • IT Zoning and Planning €=.279 operation...." The order stated that its 1., 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 -, , i':' horses through operation of riding school board of appeals (board). On September -Y;. and participation in horse shows was "agri- 13, 1984,the Steeges submitted an applica- „ cultural use" of property so as to exempt tion for a special permit, under protest. I property from proscriptions of town's zon- They claimed that the operation of a riding y;' ing bylaw. M.G.L.A. c. 40A, § 3; c. 61A, school on their property was an agri- is . §§ 1, 3; c. 128, § 1. cultural use and, therefore, exempt from See publication Words and Phrases the proscriptions of Stow's zoning by-law. 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 complamt`in=the John P: Zelonis, Jr.,<Boston,-'for plain- Land.Court against the:board,-the'building ,: i i tiffs.' '' . ,.: '" inspector, and the town seeking a declare-, ' ^ Catherine Clement,Sp.'"Asst Atty. Gen,' tion that their_use of their land was Agri I for Massachusetts Dept'of Food'and Agn ';`.cultural.and ex•empt from local regulation r ' l culture, amicus curiae,"submitted a brief. After:the trial in;,the Land•Court, the A judge filed a memorandum of decision that ' -, i Before PERRETTA, CUTTER' and contained her findings and rulings. She SMITH, JJ. ruled that"the i the uses made by the plaintiffs of their land ... are so interrelated that 1 i RESCRIPT. they comprise agricultural use as defined This is an appeal from a ruling of the in G.L. c.61A, §§ 1 and 3, and G.L. c. 128, Land Court that the operation of a board- j 1, and are therefore exempt from the F ' ing stable for horses and a riding academy requirements of the Stow zoning by-law." is an agricultural use protected by G.L. c- The defendants have appealed from that 4,` i 40A, § 3.3 The facts are not in dispute. decision. Mitchell and Katherine Steege are the General Laws c.40A, § 3, as amended by , \ 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- residential zone. For many years prior to law prohibit, unreasonably regulate or re- f ' August, 1984, when the Steeges first ac- quire a special permit for the use of land j 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 li, t the time theyacquired the property, the expansion or reconstruction of existingII 1 q P P Y, P - 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 4 3. As an alternative ground for ordering the en- of that ruling has been made an issue on appeal [,}1 try of judgment for the plaintiffs, the judge by the defendants: Because of our decision in 1 p a' ruled that the special permit had been construc- favor of the plaintiffs in regard to the "agri- I ti ; tively granted because the board of appeals cultural use of their property,we do not reach I i} i}: failed to take final action within the time period that issue. mandated by G.L.c.40A,§ 9. The correctness t_ ' ; c :t4 J ki: 1 r 1 1178 mass. 527 NORTH EASTERN REPORTER, 2d SERIES i 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 agricul- in a related manner which is incidental ture, horticulture, floriculture, or viticul- thereto and represents a customary and 1 4 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-law. 1973, c. 1118, § 1, reads: "Land not less The analysis used in Building Inspector than five acres in area shall be deemed to 1 of Mansfield v. Curvin, 22 Mass.App.Ct. be actively devoted to agricultural or I 401, 494 N.E.2d 42 (1986), is also useful 1172horticultural 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- y a usual and accepted meanings, as long as dyed dollars per year." Here, there was 1. 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 1: usual and accepted meanings from sources had been exceeded by the Steeges. s: presumably known to the statute's en- There was evidence that, as part of their _ actors, such as their use in other legal farm 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 them. The saleability of a particular that regard,Webster's Third New Intl.Dic- horse depended on whether it could be rid tionary (1971) at page 44`defines `agricul- 'den, particularly by young children. .As . `I.! tore" as "the science or art of cultivating part of their training, the horses would be the soil, harvesting crops, and raising live- ridden by students in order that they might x stock." "Livestock," in turn, is defined as become accustomed to handling,by inexpe- ' A "animals of any;kind kept or raised for use rienced"riders The Steeges had-sold-an or pleasure." Id. .at.1324 „ r : average of ten horses a year in the past 3' l "We look also to the use and definition of few years- ,,s the word `agriculture' in other legislation In view of the evidence and the expan- S� . because `[s]ound' principles of statutory sive definitions of"agriculture"in the stat- ••F I construction dictate that interpretation of utes, the judge ruled that "the plaintiffs' t i provisions having identical language be purchase and raising of horses, their sta- 7 : I uniform.'" Building Inspector of Mans- bling,training through the operation of the ti. ; I` field v. Curvin, 22 Mass.App.Ct. at 403, riding school, and their participation in s1 li 494 N.E.2d 42, quoting from Webster v. horse shows are all part of the one whole �h r Board of Appeals of Reading, 349 Mass. and constitute agriculture as that phrase is ', 17, 19, 206 N.E.2d 92 (1965). See Corn- used in c. 40A, § 3." There was no error. a g monwealth v. Baker, 368 Mass. 58, 69, 330 The judge's interpretation gives the word �r, N.E.2d 794 (1975). 2A Sands, Sutherland "agriculture"found in G.L.c.40A, § 3, "its ' ��e�A Statutory Construction § 51.02 (4th ed. plain and ordinary meaning and its consist- �:. !T 1984). General Laws c. 61A, § 1, inserted ent and well-established ... definition in =s P, by St.1973, c. 1118, § 1,which concerns the other statutory contexts...." Building t. r' assessment and taxation of agricultural Inspector of Mansfield v. Curvin, 22 i 4 and horticultural land, states that "[]land Mass.App.Ct. at 404, 494 N.E.2d 42. � 7 `j shall be deemed to be in agricultural use �� �; The other issues raised by the defend- when primarily and directly used in raising ants are without merit. fii animals, including, but not limited to, dairy JUDGMENT AFFIRMED. t I r l cattle, beef cattle, poultry, sheep, swine, Mil horses, ponies, mules, goats, bees and fur- "j i j bearing animals, for the purpose of selling o S KEY NUMBERS STEM l•f such animals or a product derived from T t • 'Y. • _ � . .::.: ' . ,�n y.: d COM'R OF CODE, ETC. v. WORCESTER DYNAMY, INC. Mass. 1151 Cite as,Mass.App.,413 N.E.2d 1151 gy—a strategy which successfully produced motion for new trial), and Commonwealth acquittals on three of the four charges. v. Gallo, 6 Mass.App. —d, 382 N.E.2d 743 "When the arguably reasoned tactical or (1978) (third motion for new trial). �. strategic judgments of a lawyer are called Order denying fourth motion for new tri- into question, we do not'second guess com- al affirmed. petent lawyers working hard for defend- ants who turn on them when the jury hap- pen to find their clients guilty.'" Common " c E KEY NUMBER SYSTEM wealth v. Rondeau, — Mass. —, —b, T 392 N.E.2d 1001 (1979), quoting from Com- monwealth v. Stone,366 Mass. 506,517,320 N.E.2d 888 (1974). [2] 2. There was ample evidence to COMMISSIONER OF CODE INSPEC- support the judge's conclusion that "[t]he . TION OF WORCESTER_ failure to present defense witnesses [one v. Faraci and one Marcella] was a trial tactic WORCESTER DYNAMY, INC. 1 which was warranted in all the circum- • stances." Moreover, the earlier motion . .' .Appeals Court of Massachusetts, ' judge's ruling concerning Faraci's"demean Worcester. °,or" and:his;"vague, inconclusiv•e and indeci Argued Nov: 6, 1980. sive . ... manner of testifying" provides ad , x ditional support for the instant judge's •find Decided Dec: 29, 1980 ing that their testimony"would have added , ;little or nothing to the case and would not City commissioner of code inspection.;' have varied',the outcome."' • " . ;.-brought action seeking to enjoin operation [3] 3. We agree with the judge's fin- of off—campus dormitory. The Superior 1 ing that the "defendant was competently Court, Worcester County, Meagher, J.,en- and effectively represented at his trial and tered judgment, and appeal was taken. 1 . at subsequent post—trial" proceedings. The The Appeals Court, Dreben, J., held that • i judge could properly conclude that an ap- premises used as living quarters for interns • peal from the denial of the second (as well at nonprofit corporation organized exclu- as the first) motion for a new trial was sively for educational purposes were not pointless because "[t]here was nothing sub- subject to permit requirement of city zon- stantial to appeal." ing ordinance. 4. Because "[t]here must be a reasona- Reversed and remanded for entry of • ble moment for a judgment to become final new judgment. and a time beyond which further challenges must be barred," Reddick v. Common- wealth, supra at —`, 409 N.E.2d 764, we Zoning and Planning e=,384 i have carefully reviewed the entire record of Premises used as living quarters for '• all proceedings (including the trial tran- interns at nonprofit corporation organized ! script). In the circumstances of this -zase exclusively for educational purposes were we have deemed such a procedure essential not subject to permit requirement of city in order to reduce the possibility of a fifth zoning ordinance. M.G.L.A, e 40A, § ?- motion for a new trial and yet another appeal to this court. See two prior appeals: Commonwealth v. Gallo, 2 Mass.App. 636, James H. Barnhill,Worcester,for defend- F ti. , 318 N.E.2d 187 (1974) (conviction and first ant. Y � ��t. b. Mass.Adv.Sh.(1979) 1668, 1674. d. Mass.App.Ct.Adv.Sh.(1978) 1054. b'; "' ' 4aa i c. Mass.Adv.Sh.(1980)at 1964. V ' y . - L 3T t 1152 Mass. 413 NORTH EASTERN REPORTER, 2d SERIES Bennett S. Gordon, Asst. City Sol., for living quarters for Dynamy interns are not - plaintiff. subject to the permit requirement of the Worcester zoning ordinance. Before BROWN, DREBEN and NOLAN, _I JJ. The following are the subsidiary facts found by the judge as supplemented by ,f DREBEN, Justice- undisputed testimony and exhibits, see :1 The commissioner. of code inspection of Western Mass. Elec. Co. v. Sambo's of the city of Worcester brought this action Mass., Inc., — Mass.App. —, —b, 398 -1 seeking to enjoin Worcester Dynamy, Inc. N.E.2d 729(1979),and cases cited. Dynamy (Dynamy), from operating an off-campus is a non-profit corporation organized under dormitory at 17 Hamden Street in Worces- G.L. c. 180"exclusively for educational pur- ter. Under the city's zoning ordinance, a poses." Its primary goal is "to accelerate '' lodging house or dormitory maybe operat- the process of maturing in young adults." ed in the residential district in which 17 It offers internships for an academic year- ,•: '• • '# Hamden Street is located only if a special which provide work experience in-,the'pro permit is obtained from the board of•ap- fessions, crafts, businesses and other fields - z: pealsa Dynamy did not seek'or`procure Dynamy provides residential living arrange-'-'' itments which are "designed 'such a permit A judge of the Superior to gtve';interns' Court, after hearing,found that the "use of the major,responsibility for•management".?x}' r '-`-,,,,,:the premises is residential nature and is ''The residential portion,of;the program is�; `f " `subject to local zoning'use rmegulation""He considered by the,,Dynamy.director<to`�be': ,''` . ', r • , entered a judgment"precluding•.Dynamy ;'central.,to;its educational'goals Students' J -'from-"operatingg.the premises`& :* as living -froin-the Worcester area may,however live , 'quarters for its interns,;`so:long••as it does 'at'home:•=;Dynamy has ar'ran'gements with fir, . not hold a-[s]pecial,[p]ermit." ''We' reverse: . 'a•number of educational institutions where . z- ' General Laws c.40A,.§3,:as.appearing in by its interns are given credit?for parttctpa ,„ ,, St. 1975, c. 808, § 3, '.provides in relevant tion in the program, and high school seniors .' part that "[n]o zoning ordinance or by-law of the city of Worcester may enroll-in the shall . . . prohibit, regulate or restrict the program for credit as a substitute for the use of land or structures . . . for education- senior year. al purposes on land owned or leased . . . by Although the trial judge concluded that a nonprofit educational corporation." For the use of the premises is "residential in the history of this statute see The Bible nature" and "subject to local zoning use j Speaks v. Board of Appeals of Lenox, regulation", we reject that conclusion. "If ] Mass.App. , n.10 a, 391 N.E.2d 279 the judge's characterization of the [use as a {-- (1979). In the circumstances of this case, residential use] is a conclusion that, as a i we hold that the premises which are used as matter of law, the proposed use [is] not 1. Worcester Zoning Ordinance§ 15A(4)(1963). ter at an earlier age than usual through partici- paling in a guided program of intense experi- a- Mass.App.Ct.Adv.Sh. (1979) 1362, 1370 n.10. once and thoughtful reflection." ].. b. Mass.App.Ct.Adv.Sh. (1979)2453,2455. in describing residential living, the catalogue states: "Each group of interns in an apartment ij 2. Dynamy's catalogue includes the following dnrir1PV on b„dgetir,g, pm-chase and prepara- statements: "Toda s societyspends tremen- Y P f f nr1 The. cr .,. ai, salcn iiaride on ,i,ss time and ;r,r,c. ,,t; Jr.:,;‘,piile r i <.' c-. ,o0perativr act o.ttir :,h l si. ..scr,ng rough academic +ork, but too little time in a guest speaker at their apartment or arranging developing character es well as intellect for a dinner exchange with other interns,staff, through nonacademic means such as experi- trustees,or sponsors. Through living together, mental learning.... [T]he young need direct assistance in finding methods and developing interns are able to develop a mutually support- . the strength necessary to become actively par- ive environment in which they can learn from ticipating, contributing adults.... Dynamy each other by sharing their day-to-day expert- seeks to help young people ... in order that ences." [ they might build personal strength and charac- 1 i COM'R OF CODE, ETC. v. WORCESTER DYNAMY, INC. Mass. 1153 Cite as,Mass.App.,413 N.E.2d 1151 'educational; it must be reversed as an er- vard College v. Cambridge, 175 Mass. 145, ror of law[citation omitted]. To the extent 146, 55 N.E. 844 (1900) (tax case). Yale that it is a finding of fact, it must be set Univ. v. New Haven, 71 Conn. 316, 327, 42 aside as `clearly erroneous' [citations omit- A. 87 (1899) (tax case). See Trustees of ted]." Fitchburg Housing Au thy. v. Board Phillips Academy v. Andover, 175 Mass. at of Zoning Appeals of Fitchburg, — Mass. 125, 55 N.E. 841 (tax case). See also Trus- -, —e, 406 N.E.2d 1006 (1980). The tees of Wesleyan Academy v. Wilbraham, fact that interns reside at the facility"does 99 Mass. 599, 604 (1868) (tax case); Rad- not negate its educational purpose." Ibid. cliffe College v. Cambridge, 350 Mass. 613,Education has been long recognized in 618, 215 N.E.2d 1892 (1966) (zoning case). the courts of this Commonwealth as a See generally, Annot. 64 A.L.R.3d 1087 "broad and comprehensive term". Fitch- (1975). This tradition is significant in inter- burg Housing Authy. v. Board of Zoning preting the term "educational purposes" in Appeals of Fitchburg, — Mass. at —- G.L. c. 40A, § 3 (cf. Worcester v. New —d, 406 N.E.2d 1006, citing Mount Her- England Inst. & New England Sch. of mon Boys'School v. Gill,145 Mass. 139, 146, Accounting, Inc., 335 Mass. 486, 492-493, 13 N.E. 354 (1887). The Bible Speaks v. 140 N.E.2d 470 [1957]), and we note that Board of Appeals of Lenox, — Mass.App. where the Legislature has intended to per- at —-—s, 391 N.E.2d 279. Dynamy's mit a city to restrict the use of land or , program, including its residential compo- structures for educational,purposes, it has nent, see note 2 supra, falls clearly within done so with specificity:" See,e.g.,St. 1979, the definition of education accepted in c. 565, § 1. ; i Mount Hermon and approved in Fitchburg, The Legislature did not intend to enable • namely, "the process of developing and a city or town to "exercise its preference" training the powers and capabilities of hu- as to what kind of educational uses"it will man beings" and preparing persons "for welcome," The Bible Speaks,supra at—- activity and usefulness in life", Mount Her- —f,,391 N.E.2d 279, or "to impose special 4 mon, 145 Mass. at 146, 13 N.E. 354. See permit requirements . . . on legitimate edu- also Harbor Schools, Inc. v. Board of Ap- cational uses which have been expressly au- 1 peals of Haverhill,5 Mass.App.600,605,366 thorized to exist as of right in any zone." 1 N.E.2d 764 (1977). Those in charge of Dy- Ibid. , namy consider the residential aspect of its The judgment is reversed, and the case is program central to its educational goals, and although such views are not conclusive, remanded to the Superior Court for the they are entitled to due weight. Trustees entry of a new judgment dismissing the of Phillips Academy v. Andover, 175 Mass. plaintiff's action. 118, 124-125, 55 N.E. 841 (1900); Emerson So ordered. v. Trustees of.Milton Academy, 185 Mass. , 414, 415,70 N.E. 442 (1904). Moreover, such views are consistent with o S KEYNUMBERSYSTEM , the English and American tradition of high- T er education, where residential living is deemed an integral part of the learning experience. President and Fellows of.liar c. Mass.Adv.Sh. (1980) 1465, 1469. e. Mass.App.Ct.Adv.Sh. (1979) at 1373-1374. d. Mass.Adv.Sh. (1980) at 1470-1471. f. Mass.App.Ct.Adv.Sh. (1979)at 1376-1377. E M�:a 913 N.E2d-25 .. .:1,.,—^:a:� .. . . . . . . ; . . . 1 . . . . . . . . . . . . . . . . ... . . . ,...:. .,..• . ......' . . .• . •,'. . . , . . . . . • = - . ;.. ...- - .;-•'.. --;1-t.,... ' . ... . . . .. • . . . ,. ,. . . . . . . . , Ti d � t�� er '. i 1334 Mass. 641 NORTH EASTERN REPORTER, 2d SERIES '*l f ,-444 t' l h 3. Zoning and Planning 0=279 t 1 IT 418 Mass. 841 Proposed excavation of 300,000 to " . JiKathleen B. HENRY 000 cubic yards of gravel over period of thrie years from five acres of a 39-acre plot was r v' not"incidental"to agricultural or horticul i t BOARD OF APPEALS al use of land within statute providing that no t,; OF DUNSTABLE. zoning ordinance shall unreasonably regulate r i , or require special permit for use of land for x I Supreme Judicial Court of Massachusetts, primary purpose of agriculture or hortica 3 14-i i . Middlesex. ture, and thus removal was subject to local il t` i zoning by-law prohibiting commercial earth _,AArguedSept S 9, 1994. removal, even though landowner sought the titDecided Nov. 16, 1994. gravel removal to remove steep grade of the ?t,. , land in order to allow safe access to"cut your p' own" Christmas tree operation involving an- ,,.t'r, Town Board of Appeals denied landown- nual crop of 700 to 1,000 Christmas trees. g ; .e 4: er's application for permit to remove 300,000 M.G.L.A. c.40A, §.3; Dunstable, Mass.,Zoo. to 400,000. cubic yards of gravel from steep ing By-Law § .15. I grade.,on property to provide safer access to See publication Words and Phrases s _.-,e c- "cut your own" Christmas tree operation. for other judicial constructions and def- =s The Superior Court,'Middlesex County, Rob- initions.. A j{ ert H. Bohn, Jr:,'J.,`'yentered judgment for • 4. Zoning and Planning a301 landowner,and the Appeals Court, 36 Mass. APp•Ct. 54, 627 N E 2d 484, affirmed. On incidentalpermissible ' f Uses which are to , application for further appellate review, the activity on zoned property are permitted as rP - Supreme Judicial Court, Abrams, J., held long as incidental Use does not undercut plain fr that the proposed gravel;removal would not intentzoning by-law, and word "incid of �`o en- "• t%` be"incidental"to agricultural or horticultural tal" in zoning;by-laws-or ordinances'incorpo. 1< ; e. use of operating Christmas tree farm, and rates two concepts: use must not be the thus was subject to local zoning by-law pro- primary use of the property but one which is '. hibiting'commercial earth removal. subordinate and minor in significance; and t• ' there must be reasonable relationship with 'F Reversed and remanded. 4? the primary use,such that the incidental use 41-1"w is attendant or concomitant. i• -" 1. Statutes «188 5. ZoningPlanning and a301 r When statute does not define terms, Determining whether activity is inciden- O• 'T court looks to the plain meaning of those tel to permissible activity on zoned property # terms. is fact-dependent inquiry, which both cotn- t u^� '� � 2. Zoning and Planning a279 pares net effect of the incidental use to that r.}{ of the primary use and evaluates the reason- � "- Planting of evergreen trees for either ableness of the relationship between the inci- saw cut operation or "cut your own" Christ- dental and permissible primary uses, and mas tree farm is within meaning of"agricul- focus is on the activity itself and not on such � _ ture" or "horticulture" for purposes of stat- external considerations as property owner's ' ute providing that no zoning ordinance shall intent or other business activities. F uni'easunably regulate yyr r r equire special pe - t "r <: mit for use of land for primary purpose of c. • It; agriculture or horticulture. M.U.L.A. c. 40A, Robert J. Sherer, Boston (Francis A Di- • 7 § 3. Luna with him) for plaintiff. } See publication Words and Phrases e for other judicial constructions and clef- Richard W. Larkin, Town Counsel, for de• -°'- . initions. fendant. tl„ .t. Levi „ q is 7ti r i. HENRY v. BOARD OF APPEALS OF DUNSTABLE Mass. 1335 t ' -4 L " - r Cite as 641 N.E.2d 1334 (Mass. 1994) )4, f t• Tara Zedeh, Sp. Asst. Atty. Gen., for Dept. leen B. Henry owns thirty-nine acres of land ti r? I of Food and Agriculture, amicus curiae, sub- on High Street in Dunstable, a rural area •. 1 3 ; 'witted a brief. classified as an R-1 residential district. The 4 '. ' 1• ;- plaintiff's plot is forest land within the mean- ` s ; i Before LIACOS, C.J., and WILKINS, ing of G.L. c. 61 (1992 ed.), and has been m ' i ' RAMS, NOLAN and LYNCH, JJ. under a G.L. c. 61 forestry management plan u for over ten" ears. .ABRAIVIS, Justice. Y , X We granted the defendant board's applica- For the past several years, the plaintiff has t fbon for further appellate review to consider used a portion of this property to cultivate >'' ';F :• its claim that the excavation and removal of 1,000 trees to restore the forest and to begin , r 300,000 to 400,000 cubic yards of gravel from a Christmas tree farm. After consulting ex a hilly five-acre portion of the plaintiff's thin- perts,J3the plaintiff realized that a "cut y , t ri , :,-nine acre plot is not incidental to an agri- your own" Christmas tree farm would be - + ?� Y ', cultural or horticultLural use of the land and much more profitable than a saw log opera- . u ,�" 4 s therefore is subject to the local zoning by-law tion. During winter, neither mechanized 1; .y�, r rt,,prohibiting commercial earth removal. See farming equipment nor customers of a "cut. ) - :.= t '- 'generally § 15 of the zoning by-law of the your own" operation would be able safely to f ;t} `. < ;p4 r - _ ' {.own of Dunstable. have access to the proposed five acre area " s ' a "` unless the steepgrade of the land created by 't 1 i� : The plaintiff's property is in an R-1 resi- a'-dential district within the town of Dunstable. byremoving 1, _ � an esker is leveled 300 00.0 to ' -i c _ x'•• In an R-1 district an owner may remove or 400 000 cubic yards of gravel. , s - ., ;" . transfer earth within the property bound- To realize her contemplated "cut your: r t .- � 0 4 s sties. However, Dunstable's zoning by-law own" tree farm, the plaintiff planned to hire ' `ftyr . _ prohibits commercial earth removal in an R= + *� -; . a'contractor to remove 100,000 cubic yards of , 4 1- 4 t t a� - , 1 district as of right. The plaintiff app;;.ed to ' '• ' i 1 } t° ,� gravel'.:annually until the' necessary gravel 7•the Dunstable board of selectmen (select 1 „ � ` was removed (at least three.to four years) ,,, — ;, 4 � inen) for a special permit. The`selectmen ''denied theplaintiff's application. The contractor would sell the gravel at the t .- 11:3 I pp cation. market rate, currently one dollar per cubic ' <`•, The hoard denied the permit on the yard, and share any profits with the plaintiff, �' and that the removal operation would be,_8ro P which she planned to invest in startup costs �: yy� ""' .. _ x 'injurious, noxious or offensive to the neigh- of the "cut your own" operation. Eight _ g i borhood" within the meaning of the applica years after completion of the excavation and �`► ':it.., '-� 4`h' ble by-law. Theplaintiff appealed to the P I e PP planting a sustainable annual crop of 700 to ,,.Superior Court on the parties' stipulation of 1 000 Christmas trees is expected,which cur- ,4 i 11 � i facts. A gtlhnrinr Court fudge determined .....,1 . . ,1) tt r,-,, tl ;,.i ,.I,,t : , i1.:,-, 'ts-P. s r .' •,. G.L. ,u�. , ,I e.c+c ru.I ' as lill1uetII4l (u r > r > of the Zoning Act, G L. c 40A (1992 ed.), �� ���.�� � f an agricultural use, and that the plaintiff does not define "agriculture" or "horticul- t k ;could proceed with the earth removal opera ture," we look to the plain meaning of those I g r _bon. The Appeals Court affirmed. Henry v. terms in deciding whether the plaintiffs ac � a*Board of Appeals of Dunstable, 36 Mass.App. tivity is agricultural. See, e.g., Building Ira- j`1 r-F`iikr,: ' Ct. 54, 627 N.E.2d 4S4 (1994). We allowed M1 ''.. spector of Peabody v Northeast Nursery. e: i the . F frl.,.. + ..., ..;.. I,,,, ;: '.1 1,,,..., katt1 t.....,, n11'f .l -:Hi rr8hllk I i 1 I - it.•1 F tc ti ,. .r•# ,1 }},, 1. Gen, . 1 a � � � � � 5 3 r19u2 cd ), reads in c;al Ncrr;:t for he usc „f land for the �Srilr�ar� � y shall ul rra ..b!, , curate or require a spe- {t! *l '-'t,'. to 5.. s +� r g ''.. :ft !ill ' x h s F7 gl�r r �. -- V 1 '. '; 1336 Mass. 641 NORTH EASTERN REPORTER, 2d SERIES 4-K . , , horticulture. The board does not contend whether an activity is an"incidental ' t: otherwise. fact dependent inquiry,which both "use$ ` the net effect of the incidental use coin r yf` " i [3] The board asserts that the plaintiff's to that X `•'' proposed earth removal does not qualify for the primary use and evaluates the p; the exemption because it is a major indepen- ableness of the relationship between the'"° ":R-f f f''''1,k$,4,-; dent commercial quarrying project separate dental and the permissible primary u 4 and apart 'from any agricultural or horticul- analyzing the plaintiff's proposed earth �ssf.'• tural use. Two statutory provisions provide va1845 project, the focus is on the " t' :. y ! i guidance in interpreting whether the scope of r j gu p g p itself and not ... such external consi r�, ;, the agricultural use exemption for a pro- property owners intent or oth. `R `' _ ; gri p ' ations as the ' r = r j1 posed evergreen farm includes an initial, er business activities." County of Ke t" ` j large-scale a cavation project First, G.L. c. Aurora Nat'l Bank Trust ��• t st Nallo. 1107, 170 l ., ' _-: I i 128, § 1A (1992 ed.), defines "agriculture" App.3d 212, 218, 120 Ill.Dec.497, 524 N.E. ;%. ).. and"farming"to include practices by a farm- 262 (1988). er on a farm incident to or in conjunction 1 -; with the growing and harvestinj4of forest The word "incidental"in zoning by-laws p`.` products? Second, G.L. c. 61A, § 2 (1992 ordinances incorporates two concepts; "TI4• • 4 .4:F . ed.), defines "horticultural use to .include means that the use must not be the primary uses "primarily and directly" related to or use of the property but rather one which Is incidental, and "customary and necessary" subordinate and minor in significance 3 to commercial raising. of nursery or green-t But Incidental,' when used to define an se. ` ;N house products'and ornamental plants and cessory use, must also incorporate the con• ` shrubs Thus, the scope of the agricultural cept'of reasonable relationshipwith the. `3;?3 ,r pp�, s�c, or horticultural .use exemption encompasses , mary use.. It is not enough that the•use be - } subordinate; it ° r related activities. Because:the proposed ex- must ';also be attendant or ,<"• 'eavation of 300,000 to 400,000 cubic yards of concomitant.- To ignore this latter aspect of r ""; •, . gravel is not'primarily agricultural or`horti- `incidental'would be to permit any use which is not primary, no matter how unrelated it is cultural, the`issue is whether the proposed i fit,., excavation is incidental to the.creation of a to the primary use." Harvard v. Mtuanl, 4 "cut your own" Christmas tree farm. 360 Mass. 432, 438, 275 N.E.2d 347 (1971), d quoting Lawrence v. Zoning Bd. of Appeals =: [4,5] Uses which are "incidental" to a ofN. Branford, permissible activity on zoned property are A 969).( 2d 552 1 158 Conn. 509, 512�13, 26I ;` ? permitted as long as the incidental use does f,;;'sr It" not undercut the plain intent of the zoning The plaintiff's activity meets neither aspect S' by-law. 2 E.C. Yokley, Zoning Law and of an incidental use. The proposed gravel `�'ix Practice § 8-1 (4th ed. 1978). An accessory removal project is a major undertaking last ;. "incidental" use is permitted as 'neces- Ing i.itre'e or four years prior to the establish- sary, expected or convenient in conjunction ment of the Christmas tree farm. That pro- with the principal use of the land." 6 P.J. ject cannot be said to be minor relative to a .1m Rohan, Zoning and Land Use Controls, proposed agricultural use nor is it minor in ` § 40A.01, at 40 A-3 (1994). Determining relation to the present operation. Nor can 4{ " 2. Section IA provides in part: "'Agriculture' the purpose of selling such products in the rvgu ?!. and 'farming' shall include ... the growing and lar course of business or when primarily and - ifr 1 - harvesting of forest products upon forest land directly used in raising forest products under a 1 and any Dr i tirt, i I ri C t tIl a ns an Incident to or in ,uujuuction with such ` ' I ""'' ire "-r�"at "'�e t,`'; : farming operations...." business; or when primarily and directly used in a related manner which is incidental thereto and 3. Section 2 provides: "Land shall be deemed to represents a customary and necessary use in . IA 4 be in horticultural use when primarily and di- raising such products and preparing them for SO j1 redly used in raising ... nursery or greenhouse market." ' : t"a products, and ornamental plants and shrubs for - PI F 1 F HENRY v. BOARD OF APPEALS OF DUNSTABLE Mass. 1337 - i' f T• Clte as 641 N.E.2d 1334 (Mass. 1994) arry ing activity be said to bear a rea- Id. at 48 & n. 2, 574 N.E.2d 1014, quoting .le relationship to agricultural use. Webster's Third New Int'1 Dictionary 1142 , . ; '•.1,77. v. Building Inspector of Brockton, (1971) ("subordinate, nonessential, or attend- : Mass. 472, 221 N.E.2d 736 (1966) (con- ant in position or significance")and American • ;-,';on of new building to operate agricul- Heritage Dictionary 664 (1976) ("[o]ccurring '" ` , machine on farm in residential district as a fortuitous or minor concomitant inci- 4' `.4€i ` ., ',reasonably related to farming activities dental expenses"). Applying this definition •-' g;• ' . f"thus permitted under zoning ordinance). of"incidental"use,the court then considered ` [..., f 'conclude that the net effect of the volume the net effect of the proposed activity on the t },. , ., ' '�:' to be removed, the duration of the surrounding area. ,sect, and the scope of the removal project In our view, the Appeals Court in Old ,. '`+ g f t " inconsistent with the character of the PP -a • ; ~�' ,, g and intended agricultural uses. Colony Council supra, correctly considered " the "net effect" that the proposed cranberry - `i ` z } _"a think that the plaintiffs case is gov- , bog would have had in the rural residential -. F+ ed by Old Colony Council—Boy Scouts of area and concluded that the • t '`v Zoning Bd. of Appeals of Plymouth, effect was so � _; +r14lassApp.Ct. 46, 574 N.E.2d 1014 (1991). great that the excavation could not be said to ' t be incidental (or attendant or minor) to the f r`Old Colony Council, the Boy Scouts of r `.r erica applied forapermit under a Pl cranberry bog. Id. at 49, 574 N.E.2d 1014 ;,* ,'' PPym- 4 yt r= zoning by-law to excavate 460,000 cubic (given amount of gravel to be excavated, . - . , fi estimated duration of excavation of project, t Y i'' ` : Is of earth in'Order to create a crap- P J t . t figs and profit to.be made from the excavation, Y '! %1 ,-, bog near a campsite in a "Rural Resi- t a 3' " tial District." Id. at 49,574 N.E.2d 1014. excavation„was not incidental to proposed ., . Q e Plymouth zoning board of appeals de= cranberry.bog). Interpreting accessory use k,, yt rovisions:to require both that an incidental , r 1 ed the application on the ground that a P q ti use be minor.relative to the principal use and `" w al permit was required for such an exca= ` that the'incidental use.have a reasonable I ,: 'on project. The plaintiff appealed to the <f ; ; •perior Court which affirmed the denial of relationship to the primary one is essential to r t I. permit. The Appeals Court also affirmed preserve the.power and intent of local zoning• \ On the ground that,considering the volume of 1. a horities.�7 Any other construction of the ft;'01:-tg (`. .earth to be excavated, the duration of the statute would undermine local zoning by-laws f,,',.:;,-,,,-_-,',;,.v.} 'ect, and the funds involved, the excava- or ordinances. Applying the same reasoning , i , �� 3 proposed to this case,considering the amount of gravel g X� tfon was not incidental to the ro osed crap- e " to be removed,the duration of the excavation ,:, f ` 7 bog. Id. (because "the proposal in- : l a 'vowed the removal of 460,000 cubic yards of and the monies to be realized from the exca- # f �5ll over a two and a half year period and an vation, the removal of gravel cannot be said �1u 1 " to be minor or dependent on the agricultural i -ij -, excavation which would provide substantial /M ,funds in excess of the cost of constructing the use a r d' it Y bog, the judge was warranted in upholding The magnitude of the plaintiffs mining % • s. `the boards's conclusion that the excavation ofI;)4 t ] ' ••.,., operation, if permitted, would be "a de facto t material was not incidental to the construe- quarry operation to be carried on in violation ;:e A ,, • r Uon and maintenance of a cranberry bog"). of the [Dunstable] zoning[by-law]." County • ' . "t'In its reasoning, the Appeals Court stated of Kendall v. Aurora Nat'l Bank Trust No. ' E �" the plain meaning of "incidental" to be 1107, supra 170 Ill.App.3d at 219, 120 Ill.Dec. , F� i=tl, - •"s mmething minor or of lesser importance." 497, 524 N.F.,2d 262, We conclude the spe- I .t�;'c ,i I. The Appeals Court cited, 36 Mass.App.Ct. 54, construct pond for irrigation was incidental to ,$ 4) V. - . 58ti. , 627 N.E.2d 484(1994), out-of-State cases in primary agricultural activities). However, in I , ss' . support of its conclusion. See, e.g., Atwater each of the cited cases, the net effect of the I) . ' Township Trustees v. Denzczyk, 72 Ohio App.3d "incidental"use was minor in comparison to the '' 4• ,. • ti r, i , $ 763,596 N.E.2d 498(1991)(excavation to create ' m s •Wri. *: primary use, especially because the agricultural �� � s _ lake and track for horses on fifteen year old ,o _ ' '.. •:' use predated the excavation. Furthermore, to , . Gorse farm held incidental to agricultural activi- 'fri n s -4 the extent that those cases are inconsistent with - a . ty)' VanGundy v. Lyon County Zoning Bd., 237 +l:+� s 7n Kan. 177,699 P.2d 442(1985)(quarrying rock to the result we reach, we decline to follow them. - , 1 g I,t ; _ + - �. 3: • a ., $ 1 1 1. + r' "' • i l i 1338 Mass. 641 NORTH EASTERN REPORTER, 2d SERIES if A x1 t.. cial permit was properly denied because, self-incrimination by finding that refu'aa! �s ' A.(i "[t]o hold otherwise would be to allow the deliberate misconduct. _ '. k a statutory exemption to be manipulated and Affirmed. ' ' ,,' twisted intoprotection for virtually any use `$ of the land as long as some agricultural t'` activity was maintained on the property. 1. Statutes ca270 I" • The [town's] zoningpower would thus be Absent language ;. ., mandating re. . i • rendered meaningless. The Legislature can- tive application of amendment,amended ` " , i/ not have intended such a result when it ute should not be applied to conduct ' ,ET r:t •• c : created a protected status for agricultural ring prior to effective date of amen.. ` purposes." Id r= ^ " } 2. Social Security and Public Welfa,! • :L s r - i i This matter is remanded to the Superior ca659.1 t 14 '` R.? Courts for entry of a judgment affirming the ' Department of Employment and boards denial of a permit. t. t ing's board of review is sole finder of facts cs. i a 1' So ordered unemployment compensation case. `.c t i L• I ri, , 3. Administrative Law and Procedu ,,y *� ` w a �r 763, 788 g .0 * 0 S KEY NUMBER SYSTEM T Social Security and Public Welfare y ' ? e 666 =E; On review of denial of unemploymei t4 2a f_ compensation benefits, courts function is to awe determine whether'review examiner applied R -418 Mass, 855 correct legal principles:'and whether role*. v examiner's.findings: are supported by e�i. h George QUINTAL `" Bence M.G.L.A. c. 30A, § 14(7). ' v' 4. Social Security and Public Welfare • r COMMISSIONER OF the DEPART- a566 T " "' MENT OF EMPLOYMENT Employer has burden of proving that ,. AND TRAINING. � .�r unemployment compensation claimant should Supreme Judicial Court of Massachusetts, be disqualified for willful misconduct � '' M.G.L.A. c. 151A, § 25(e)(2). Bristol. F F t• ," 5. Social Security and Public Welfare x .. ,, Submitted Oct. 3, 1994. a388.5 Decided Nov. 16, 1994. Review examiner could deny unemploy- '''it'-. ' ment benefits based on claimant's admission t that he removed employer's property and his Unemployment compensation claimant . refusal to tell employer what had become of appealed from judgment of the District property, notwithstanding contention that,as ve • :-a- Court, Bristol County, John H. O'Neil, J., employer discharged claimant for theft of affirming decision of Department of Employ- company property, he was disqualified from ment and Training denying benefits. The receiving benefits on basis of conduct that ;,•. Supreme Judicial Court transferred case on was not reason for discharge; discharge and 1' its own initiative from the Appeals Court. denial arose out of game basic conduct. 1 The Supreme u reme Judicial Court, Nolan. J... held � p A4.G.L.A. c. 151A, § G5(e)(2). 1` r`' that: (1) claimant's refusal to tell employer t. '' . what had become of employer's missing bar- 6. Social Security and Public Welfare --`'- rels was deliberate misconduct in willful dis- a388.5 : regard of employer's interest disqualifying Claimant's refusal to tell employer whatr.t i him from receiving benefits, and (2) Depart- had become of missing barrels was deliberate . it.• `• ment did not violate claimant's right against misconduct in willful disregard of employers r` ' V r ; - r-.•.f,--, . i 1 4 MODERN CONTINENTAL v. BLDG. INSPECTOR Mass. 247 i Cite as 674 N.E.2d 247 (Mass.App.Ct. 1997) I a ;, k Nicola Favorito,Quincy,for defendant. �3 I 42 Mass.App.Ct.901 Joel Lewin (Jeremy Ritzenberg with him), I ) j1MODERN CONTINENTAL Boston,for plaintiff. i CONSTRUCTION CO., Herbert W. Vaughan, Charles P. Kindre- 1, -I INC. gan, Boston, for Lookout Ridge Improve- I ment Association, Inc., amicus curiae, sub- ;1 rs v. mitted a brief. 1 ! 1 i , I DING INSPECTOR OF NATICK 1, ): ' No. 95-P-437 RESCRIPT. 1 .1 •- r v• Citingnoncompliance with the zoningb - -i Appeals Court of Massachusetts. P y �` F t I law, the building inspector denied the plain- t.:• • i r 4 � Jan. 2, 1997. tiffs application for a permit to renovate an 1 14_ R existingbarn for the purpose of slaughtering l P P g g A, • 1 , '`a livestock raised on its premises. The plain- d .,,; ,f Landowner brought action challenging tiff then brought this action under G.L. c. ' `$ i`-tfi dung inspector's denial of permit to reno- 240, § 14A, c. 185, § 10), and c. 231A. On �• ii `existing barn for slaughtering livestock cross motions for summary judgment, the y_.on the premises. The Land Court Land Court judge concluded and declared d4� A 1I ed in favor of landowner. Building inspec- that the plaintiffs slaughtering of livestock i`' ; 1.4, :appealed. The Appeals Court held that raised on.its premises was agriculture enti- I f r u hterhouse for" butcheringanimals raised g'�g g, tied to the protection afforded by.G.L. c. . the premises was for agriculture within 40A, § 3.We affirm the judgment. -tf 7 meaning'of statute which prohibits zoning: i 1. The undisputed facts. The plaintiff ;,i i ance or bylaw from prohibiting, unrea- owns the':.locus"in issue, "Lookout Farm," {la eonably:regulating, or requiring special per- which it uses for the production and sale'of i. { for;use, expansion, or reconstruction of fruit,'vegetables,herbs,and livestock,•includ- _ Casting structure for primary purpose of mg ostrich, deer, lamb, calves, sheep, goats, .q? . culture °. �. chicken, pheasants, peacock, •and rabbits, �' Affirmed. The farm is about 110 to 115:acres and has i k a i ti ,'. been in continuous agricultural use for over i 4 �}'' three hundred years. It is situated in a i x L H Zoning and Planning a 279 zoning district in which farms for raising, Y z Slaughterhouse for butchering animals keeping, and selling certain animals are al- ? - raised on the remises was for "agriculture" lowed as matter of right.' P thin meaning of statute which prohibits Animals raised on the locus are kept for A- k _ zoning ordinance or bylaw from prohibiting, breedingpurposes, sold live, or sent off ' .syy- unreasonably regulating, or requiring special s -},.. premises for slaughter. The meat and pool- permit ermit for use, expansion, or reconstruction try produced by the slaughter are sold at a . ,k o structure for primary purpose of agricul- farmstand located on the locus, sold at either ` tore, even though Department of Public i of two restaurants owned by a corporation ,R1 Health, rather than Department of Agricul- controlled by the plaintiffs, or sold to other ! a L s tore, regulated slaughterhouses, and even meat and poultry retailers. •j though slaughtering could become industrial g g g In March of 1993, the United States De- or business use when removed from agricul- x 6 # tural setting. M.G.L.A. c. 40A, § 3, c. 61A, partment of Agriculture approved the plain- $ 1, c. 94, § 120, c. 111, § 1, c. 128, § lA s tiffs application to construct a slaughtering � i facility for sheep, goats, rabbits, and poultry See publication Words and Phrases i..4I, for other judicial constructions and clef- on two floors of an existing barn on the locus. gr,x, x inition.s: To put the size of the proposed project in i. -; k i !. Because this dispute was argued and decided discuss the zoning by-law. �i , i . 'c' under G.L. c. 40A, § 3, %+�e need not set out or 3 t , "'< 5- a l i. �t•:. 4 t er fJ. L 248 Mass. 674 NORTH EASTERN REPORTER, 2d SERIES context the total of all building square feet Ct. 401, 494 N.E.2d 42 (1986), the Land ' ki on the locus is approximately 50,000,and the Court judge reached the opposite conclusion. ,-•--f--: slaughterhouse will occupy about 2,610 See Steege v. Board of Appeals of Stow, 26 4 ;, square feet of the total 14,400 square feet in Mass.App.Ct. 970, 527 N.E.2d 1176 (1988), s}. the barn. Two months after Federal approv- We see no error in the Land Court judge's . ,_. al of the project, the plaintiff applied for a reasoning and adopt it as our own. •ek,-. building permit to alter the barn for the Various statutes defining "agriculture" r-- slaughterhouse. The building inspector de- (see, e.g., G.L. c. 61A, § 1; G.L. c. 111, § 1; nied the application on the stated basis that a G.L. c. 128, § 1A)as well as dictionaries(see, "slaughterhouse does not comply" with the e.g.,Webster's Third New Intl. Dictionary 44 • zoning by-law. [1993]; Black's Law Dictionary 68 [6th 2. Discussion. General Laws c. 40A, § 3, ed.1990]) include within their definitions the as amended by St.1989, c. 590, provides in activity of preparing animals for market. pertinent part: "No zoning ordinance or by- We think it reasonable to regard the slaugh- law shall ... prohibit or unreasonably regu- ter of animals as a normal and customary late, or require a special permit for the use, part of preparing them for market. It then expansion, or reconstruction of existing follows from the acceptably broad definitions structures thereon for the primary purpose of the word "agriculture" that a slaughter- '• of agriculture, horticulture, floriculture, or house used for the butchery of animals viticulture ... provided that during the raised on the premises is primarily agricul- months of June, July, August, and Septem- tural in purpose. , ber of_ every year, the majority of such ' j Our conclusion does not conflict with Lan- products for sale, based on either gross sales gevin v.'Superintendent of Pub: Bldgs. of ` dollars or volume,have been produced by the Worcester, 5'Mass.App.Ct. 892, 369 N.E.2d owner of the land on which the facility is 739 (1977).' The narrow holding of that case, 'j • located, except that all such activities may be that the term"processing"was'broad.enough '' limited to parcels of more than five acres in to bring`a slaughterhouse operati•on a within`' area not zoned for agriculture,'horticulture, . _. : ' . the scope'of'the zoning ordinance`which per floriculture,or viticulture." ; timitted as of right the gm]anufacture,assent- , It is the position of the building inspector bly,processing, packaging,or other` ndustri="•°i _:-.. and the amicus curiae that the use of words al operations Within'.a particul.ar''district; . •.' such as "raising" and"keeping"in respect to does not compel the conclusion that the on- ' animals in the statutory and dictionary defi- site processing or slaughtering, of•animals - • nitions of "agriculture" is an indication of a raised on the premises cannot'be an agricul- legislative intent to exclude the slaughtering tural activity. See Deutschmann v. Board of and butchering of livestock from agricultural Appeals of Canton., 325 Mass. 297, 301, 90 activities. For support,they cite to decisions N.E.2d 313 (1950). The fact that an activity, from foreign jurisdictions.2 They claim that such as slaughtering,can become an industri- additional support for their position is found al or business use when removed from an in the fact that slaughterhouses are regulat- agricultural setting does not mean that activ- ed by the Department of Public Health, see ity cannot be primarily agricultural in pur- G.L. c. 94, § 120, rather than the Depart- .- pose when it has a reasonable or necessary ment of Agriculture,see G.L.c. 128. relation to agricultural activity being con- Starting with the premise that the "'agri- ducted on the locus. See Jackson v. Build- cultural use' exemption has been interpreted ing Inspector of Brockton, 351 Mass. 472, broadly by the appellate courts," Tisbury v. 478, 221 N.E.2d 736 (1966). Further, the Martha's Vineyard Commn., 27 Mass.App. fact that slaughterhouses are regulated by Ct. 1204, 1205, 544 N.E.2d 230 (1989), and the Department of Public Health, see G.L. c. tracking the analysis used in Building IN 91, § 120, rather than the Department of ,1;:ilt,r i}/•:'J f7A ! tt"•t.!., �_.r'. Ma .. Ai.v �,1k�i,tat ut, m 1 L,ete .-. 12„ k rf r r t - 2 It is unnecessary to discuss those decisions are readily distinguishable on the basis of their because, as noted by the Land Court judge,they facts and the applicable statutory provisions. .$ i ti '' COM. v. WALKER Mass. 249 1 ' N :; -. k Cite as 674 N.E.2d 249 (Mass.App.Ct. 1997) Y, : to a determination of whether the particular statement to social worker did not ';. firing is being done for an agricultural impermissibly restrict defendant's right to 1 • -- dustrial purpose. cross-examine complainant. i f ` '' i ;e record gives no support to the build Affirmed. i , i, pector's concern that the plaintiff in- h; • �� ;" to slaughter animals other than those i w Y on the locus. The judgment itself 1. Indictment and Information«191(8) a ts the permissible scope of that activity to i Indecent assault and battery on child li , ; stock raised on the premises. Moreover, under 14 was lesser included offense of I , # i h 461 nditions may be placed on a building charged crime of forcible rape on child under , �.1 ' •t to prevent its use for unlawful ur- ;. E ` T 4•- p 16, even though indictments did not name ;, 1 ' , lsµ • Kia her v. Board of Appeals of Rayn complainants or state their ages to be under ?t., 'i � y , 33 Mass.App.Ct. 111, 115, 596 N.E.2d •' 'l. # 14, where defendants discovery pleadings . 3; L e=, es ' (1992).• showed that it was undisputed before trial , i s''; { Judgment affirmed. that complainants were under 14. M.G.L.A !r> x c.265, §§ 13B,22A '' '°" �,� � ` !**# „ O E KEY NUMBER SYSTEM - � t r T 2. Indictment and Information a191(.5) • }' kn . • 4 `. In determining whether one offense is E R „ • A- lesser included offense of another, question . ° 42 Mass.App.Ct. 14 that must be answered is whether all ele- '- auCOi\IMONWEALTH ments of lesser offense are included within at- i ` greater offense,not vice versa. ' 1 ` . Gerald WALKER. 3. Indictment and Information a191(.5) r j, Doctrine of lesser included offenses •�s No. 95—P-450. 1 t w _'- serves-.public-purpose: it allows jury to con- is ¢ , - ''''' ..-:1":. Appeals Court of Massachusetts, vict defendant of offense established by evi-:. r x - Hampden. 'dence rather than forcing it to choose be tween convicting defendant of offense not =bid' {µ Argued Oct. 15, 1996. fullyestablished byevidence or acquitting ` Y ` � q g � , v �`; 4 • .x.4 •' Decided Jan. 2, 1997. even though defendant is clearly guilty of f ; ` some offense. x e .: Further Appellate Review Granted s r r April 3, 1997. + , i 4. Criminal Law a1137(1) R 'S F Pru; Defendant, who at charge conference 4 , °'". -• Defendant charged with forcible rape on withdrew objection to lesser included offense Fg. , ;,�` child under 16 was convicted of indecent instruction after trial judge stated that he y 6 assault and battery on child under 14 follow- would include the instruction because evi- , iT-i•in1{ )iii., , —, — „. ,nn a ,,ul f. cj.e r7- .,r•fil.c . 1 6t In a a.., ....o 411.: .,i.t i,:., .,_ :L, ! G S :The Appeals Court, Gillerman, J., held that: tion, and could not on appeal ciaun to Have , (1) under circumstances, crime for which de- been prejudiced by instruction. , . i`�rfendant was convicted was lesser included }� 5. Criminal Law c '632(5) offense of charged crime; (2) defendant did i not establish the reasonable foundation of Defense counsel's representations that rior similar sexual abuse necessary ary to allow public records in acrimonious custody battle g t � iT 4 t him +,, :,1. • `CF - ':, --O,a .I•,,;t •-,r,ii-' 't'c tt'.r}bnr Ln.J �1 t ; P 1 :11 Eb' a tti recollection about ,\nether she had made abuse necessary under RTc i en. for defendant ' > v- - S K 4 • , . . . • • , ' ..".e • • . . . . . . • . PEPERHAZARD LLP LAW OFFICES 150 FEDERAL STREET, 28TH FLOOR BOSTON, MASSACHUSETTS 021 1 0-1 745 JULIE C.MOLLOY 617/695-9090 FACSIMILE 617/695-9255 (617)695-9090 jmolloy@pepehazard.com Via Facsimile March 5, 1999 Mr. Ralph Crossen Building Commissioner Town of Barnstable _ . 367 Main Street Hyannis, MA 02601 Re: - Brenda Tri &Victor Cillis Oktober Farm, 2051 Main Street, West Barnstable MA Dear Mr. Crossen: Attached please find a January.14, 1998 letter from the Massachusetts Department of Food and Agriculture to the Zoning Board of Appeals for the Town of Barre, addressing the issue of a horse operation. As you can see, this Department cites to both Chapter 128 of the Massachusetts General Laws and the Steege case in reaching its decision that a riding academy is an agricultural use provided with exemption pursuant to Section 3 of Chapter 40A. Respectfully, I would again ask that you rescind your Cease and Desist Order. If there are any questions, please feel free to contact me. ;et_ ruly yours, . Mo Attachment cc: Ruth J. Weil, Esq. Brenda Tri &Victor Cillis, M.D. BOSTON MI HARTFORD EEC SOUTHPORT - MAR. 5. 1999 12:43PM DEPT OF FOOD+AGRICUL NO. 7807 P. 1 COMMONWEALTH OF MASSACHUSETTS Ir=''lid=.— EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS = DEPARTMENT OF FOOD AND AGRICULTURE `— 100 CAMBRIDGE ST.. BOSTON. MA 02202 617-727-3000 FAX 727-7235 • January 14, 1998 ARGEO PAUL CELLUCCI VIA FACSIMILE TRUDYCOXE Governor (978)355-6152 Secretary Zoning Board of Appeals JONATHAN L.HEALY Commissioner Town of Barre Henry Woods Municipal Building Barre,MA 0I005 Re: Glenn and Sandra Dubey,467 Loring Road,Barre,MA 01005 M.G.L. Chapter 40A,Section 3 Dear Members of the Zoning Board of Appeals: I wanted to take this opportunity to submit the Massachusetts Department of Food& Agriculture's(the"Department's")position on the Dubey property in your town.-The Department finds that the horse operation being conducted at the property by the Dubeys constitutes an agricultural use and accordingly Massachusetts General Laws Chapter • 40A,Section 3 ("MGL c. 40A, § 3")applies. In the nearby Town of Stow,a similar situation arose in 1984 in which the Massachusetts Land Court ruled that the operation of a boarding stable for horses and a riding academy was an agricultural use protected by said MGL c.40A, §3. On appeal,the Massachusetts Appeals Court affirmed the ruling of the Land Court,see Mitchell\Steege vs. Board of Appeals of Stow,26 Mass. App. Ct. 970(1988). Furthermore,the applicable definition of"agriculture"at Massachusetts General Laws,Chapter 128,§ IA,'was amended in 1995 to include"the keeping of horses as a commercial enterprise." It is my understanding that the Dubey's farm meets this definition. Therefore,MGL c.40A§ 3 applies and the Dubey's current land use does not require a special permit The Commonwealth's current and historical commitment to supporting agriculture is clearly evidenced in its body of laws. The Constitution establishes "the duty of legislatures and magistrates ...to encourage private societies and public institutions, rewards and immunities,for the promotion of agriculture..." (Mass. Const.Pt.2,c. 5, § 2), and Article 97 of the Amendments to the Constitution declares as a public purpose "the protection of the people in their right to the conservation,development and utilization of the agricultural ...resources." These agricultural mandates are restated and amplified in Executive Order 193,which protects land in active agricultural use. Further agricultural protections enacted by the Legislature include authorization for the State's Farm Energy Discount Program, Agricultural Incentive Areas, Agricultural Preservation District Program, and Farm Viability Program,and limitations on nuisance actions against farmers. Massachusetts has a rich tradition ofprotecting and promoting the keystone of its founding,agriculture. -� ' I4� `�,of Post•Ir Fax Note 7671 Date 3/S A,f 1145.5" Oj , To at1L�G//��K,,�OitOV FrorL-. .�Ir1C/D�Cf11CI. coJDePt g f 4.1NC1t l.E,rti:R PRtiat,47- 8 Phone 0I 6,? ,pj-3oao,ctzs d FaX B FoxA �e� � 55 .MAR. 5. 1999 12:44PM DEPT OF F00D+AGRICUL NO. 7807 P. 2 • • The need to actively foster agriculture is more urgent today than it was when any of the provisions listed above were written. Both the number of Massachusetts farms and their acreage are falling at alarming rates. From July 1997 to July 1998 alone,Massachusetts lost 27 dairy farms,and there are only about 300 such farms remaining today. As farm lands are developed,valuable soils are lost forever,along with open space,family traditions,a sense of community,and other qualities that make Massachusetts special. While agriculture is a five hundred and thirty million dollar industry in the Commonwealth,and agritourism is a growing source of income for towns,these economic benefits are just as threatened today_ MGL c.40A, § 3,one of the many Massachusetts statutes enacted to foster agriculture, explicitly preempts local zoning laws. Therefore,under the Home Rule Amendment to the Massachusetts Constitution,local zoning ordinances or by-laws cannot frustrate its purpose. MGL c.40A,§3 provides,in part: No zoning ordinance or by-law shall ... prohibit,or unreasonably regulate, or require a special permit for the use,expansion or reconstruction of existing structures ... [on land] ._.for the primary purpose of agriculture,horticulture, . floriculture,or viticulture,including those facilities for the sale of produce, and wine and dairy products,provided that during the months of June,July,August - and September of every year or during the harvest season of the primary crop • raised on land of the owner or lessee,the majority of such products for sale ... have been produced by the owner or lessee of the land on which the facility is , . located... Statutes like this foster vanishing farms and ways of life and the benefits they bring to communities,the economy and the environment.While localities may,consistent with this statute,develop interpretations that provide more explicit protection to farmers against local regulation than a narrow interpretation of this statute may allow,they cannot decide to offer less. To do so would be to defeat the very purpose of Chapter 40A, Section 3. I hope this will help you in your review of the legal arguments presented at the hearing conducted on December 2, 1998 and the subsequent decision to be rendered by your Board. If you would like to discuss this with Department counsel,please do not hesitate to contact the Department. Very truly you , athan L.Healy ommissiorler • JLl-1/mm I FARM BUREAU • Massachusetts Farm Bureau Federation, Inc. • 466 Chestnut Street 0 Ashland, MA 01721-2299 PHONE (508)881. 4766 o FAX (508)881- 4768 February 1, 1999 Mr. Richard Stevens,Building Inspector Town of Bamstable 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. Culls' 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) 26Mass.App.970, 527 NE2d 1176. Which I have attached for your information. Therefore, I have advised Mrs. Calls 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. Please feel free to contact me if we can provide any further information on this matter. Sincerely, Douglas P. Gillespie Director of 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 FARM BUREAU Massachusetts Farm Bureau Federation, Inc. 466 Chestnut Street 0 Ashland, MA 01721-2299 • PHONE (508)881. 4766 0 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 pi wi.to the adoption Uf 3 Ue/i 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: t. 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 ca.selati'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 by 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 viticulture. 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 grog+ing. 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 125,4. 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. 111:125A. Review of order adjudging the operation of a ff :m to be a nuisance. Section 125A. If, in the opinion of the board of health, a farm or the 1 operation thereof constitutes a nuisance, any action taken by said board 2 to abate or cause to be abated said nuisance under sections one hundred 3 and twenty-two, one hundred and twenty-three and one hundred and 4 twenty-five shall, notwithstanding any provisions thereof to the contrary, 5 be subject to the provisions of this section; provided, however, that the 6 odor from the normal maintenance of livestock or the spreading of 7 manure upon agricultural and horticultural or farming lands, or noise 8 from livestock or farm equipment used in normal, generally acceptable 9 farming procedures or from plowing or cultivation operations upon 10. agricultural and horticultural or farming lands shall not be deemed to 11 constitute a nuisance. 12 In the case of any such nuisance a written notice of an order to abate 13 the same within ten days after receipt of such notice shall first be given 14 ' as provided in section one hundred and twenty-four. If no petition for 15 review is filed as herein provided, or upon final order of the court, said 16 board may then proceed as provided in said sections one hundred and 17 twenty-two, one hundred and twenty-three and one hundred and twenty- 18 five, or in the order of the court. If the owner or operator of said farm 19 within said ten days shall file a petition for a review of such order in the 20 district court for the district in which the farm lies, the operation of said 21 order shall be suspended, pending the order of the court. Upon the 22 filing of such petition the court shall give notice thereof to said board, 23 shall hear all pertinent evidence and determine the facts, and upon the 24 facts as so determined review said order and affirm, annul, alter or 25 modify the same as justice may require. The parties shall have the 26 same rights of appeal on questions of law as in other civil cases in the 27 district courts. 28 111:143. Trade or employment resulting in or attended by noisome and injuri- ous odors; assignment of places; appeal. Section 143. No trade or employment which may result in a nuisance 1 or be harmful to the inhabitants, injurious to their estates, dangerous to 2 the public health, or may be attended by noisome and injurious odors 3 shall be established in a city or town except in such a location as may be 4 assigned by the board of health thereof after a public hearing has been 5 held thereon, subject to the provisions of chapter forty A and such board 6 of health may prohibit the exercise thereof within the limits of the city or 7 town or in places not so assigned, in any event. Such assignments shall 8 be entered in the records of the city or town, and may be revoked when 9 the board shall think proper. 10 The department of environmental protection shall advise, upon re- 11 quest, the board of health of a city or town previous to the assignment of 12 places for the exercise of any trade or employment referred to in this 13 section, and any person, including persons in control of any public land. 14 aggrieved by the action of the board of health in assigning certain places 15 for the exercise of any trade or employment referred to in this section 16 may, within sixty days, appeal from the assignment of the board of 17 health to the department and said department may, after a hearing 18 rescind, modify or amend such assignment. 19 Notwithstanding any provision in section one hundred and twenty- 20 five A of this chapter, this section shall apply to the operations of 21 • piggeries. 22 7 DHCD - Community Profiles -Barnstable Page 1 of 20 BARNSTABLE Barnstable County SEAL NARRATIVE GEOGRAPHY GOVERNMENT DEMOGRAPHICS HOUSING CHARACTERISTICS EDUCATION ECONOMIC DEVELOPMENT TRANSPORTATION CULTURE AND RECREATION MISCELLANEOUS MUNICIPAL FINANCE N TIVE Narrative - The Town of Barnstable includes seven villages within its boundaries. Each village has unique and significant cultural and historical qualities. Centerville, located on the south side, is primarily residential, includes the Christian Camp Meeting Association and has a beautiful beach. Osterville is located on the south side, is primarily residential and includes inlets and harbors for fishing and boating. Hyannis is the town's central business/commercial district which includes town offices and several shopping malls. Hyannis is also a fishing village and its harbor provides steamship access to Martha's Vineyard and Nantucket Islands. Marstons Mills is primarily residential and is located on Route 28 . Cotuit is a village located on a peninsula on the south side, is primarily residential and has several small beaches. West Barnstable is located on the north side, is primarily residential and sparsely populated. Barnstable is located on the north side which houses the County Complex and has a working harbor and several small beaches. (Seal and narrative supplied by community) Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director A4 IGEOGRAPHY Location Eastern Massachusetts, located on the "bicep" of the Cape Cod arm. Bordered by Cape Cod Bay on the north, Nantucket Sound on the south, Sandwich and Mashpee on the west, and Yarmouth on the east. Barnstable is 53 miles east of Fall River, 69 miles southeast of Boston, and 250 miles from New York City. http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 2 of 20 - Total Area: 76.26 sq. miles Land Area: 60.05 sq. miles Population: 40,949 Density: 682 per sq. mile Climate (National Climatic Data Center) (Hyannis Station) Normal temperature in January 28.4°F Normal temperature in July 70.4°F Normal annual precipitation 43.9" U.S.G.S. Topographical Plates Hyannis, Cotuit, Sandwich Regional Planning Agency Cape Cod Commission t Metropolitan Statistical Area (1993 Defmition) Barnstable-Yarmouth Department of Housing and Community Development, Arxeo Paul Cellucci,Governor.Jane Wallis Gumble,Director I, GOVERNMENT Municipal Offices i Main Number: (508) 790-6200 Form of Government Council-Manager Year Incorporated As a town: 1639 Registered Voters(Secretary of State 1994) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD -Community Profiles - Barnstable Page 3 of 20 Number Total Registered 25,451 Democrats 6,938 27.3 % Republicans 6, 131 24.1 % Other parties 12 0.0 % Unenrolled Voters 12,370 48.6 % Legislators US Senator Edward M. Kennedy US Senator John F. Kerry US Congressman . 10th Dist William D. Delahunt State Senator Henri S. Rauschenbach State Rep John C. Klimm State Rep Eric T. Turkington Department of Housing and Community Development, - • Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director kEMOGRAPHIC S Population Trends(M.I.S,E.R.) • Persons % change 1980 30,898 1990 40,949 32.5 2000 .46,417 13.4 2010 51,684 11.4 Persons by Sex(1990 US Census) Male 19,406 Female 21,543 Age Distribution(1990 US Census) • Persons % Under 5 2,671 6.5 5-14 4,775 11.7 15-44 17,200 42 .0 45-64 8, 018 19.6 65 & ?vri.. 8,285 2U Vital Statistics(Dept.of Public Health 1995) Statewide 1993 Resident Births 518 per 1,000 women 15-44 56.3 57.9 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD -Community Profiles -Barnstable Page 4 of 20 1993 Resident Deaths 478 per 100,000 residents 1,107 913 Race & Ethnicity(1990 US Census) Persons White 38,213 93 .3 Black 1,078 2.6 Am. Indian, Eskimo or Aleut 271 0.7 Asian or Pacific Islander 279 0.7 Hispanic Origin 701 1.7 Other 407 1.0 Households(1990 us Census) % change 1980 12,014 1990 16,601 +38.2 Household Size(1990 US Census) 2.40 persons per household - • Households by Type(1990 US Census) Households Married Couple Family 8,855 53 .3 Male Householder 478 2.9 Female Householder 1,783 10.7 Non-Family Household 5,485 33 .0 Income Distribution(1990 US Census) Households Less than $5,000 490 3.0 $5,000 - $9,999 1,383 8.3 $10,000 - $24,999 4, 179 25.2 $25,000 - $34,999 2,542 15.3 $35,000 - $49, 999 3, 175 19.1 $50,000 - $74,999 2,818 17.0 $75-000 - $99, 999 1,016 6.1 $100,000 or more 990 6.0 Median Household Income $33,411 state rank 263 % of state avexaye 30 4* Per Capita Income $17,376 state rank 140 % of state average 100.9% http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 - DHCD -Community Profiles -Barnstable Page 5 of 20 Sources of Income(1990 US Census) Number of Average Households Income Wage & salary 11,705 $40,266 Nonfarm self-employed 2,496 27,618 Farm self-employed 135 8,863 Social Security 5,729 8,464 Public assistance 943 4,716 Retirement 3,656 11,769 Interest 6,667 8,780 Other 1, 819 4,497 Poverty Status(1990 US Census) Statewide Persons for whom status determined 39,976 5,812,415 Below poverty level 2,711 519,339 6.8% 8.9% • Department of Housing and Community Development, Argeo Paul Cellucci,Governor.Jane Wallis Gumble.Director ® OUSING CHARACTERISTICS Housing Units(1990 US Census) Units Total Units 23,370 Total Occupied 16,601 owner occupied 11,764 70.9 renter occupied 4,837 29.1 Total vacant 6,769 for sale 479 7.1 for rent 623 9.2 other vacant 5,667 83.7 Owner Vacancy Rate 3.9 Rental Vacancy Rate 11.4 Median Value (owner occupied) $160, 000 Median Contract Rent (renter occupied/ Value: Value is the Census respondent's estimate of how much the property, including lot, would sell for if it were for sale. Type of Structure(1990 US Census) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD- Community Profiles -Barnstable Page 6 of 20 - Units Single Unit 19,492 83 .4 2-4 Units 1,495 6.4 5 or More Units 2, 097 9.0 Other 286 1.2 Year Structure Built(1990 US Census) Units 6 1989-March 1990 508 2.2 1980-1988 6,930 29.7 1970-1979 6,114 26.2 1960-1969 3,331 14.3 1950-1959 2,028 8.7 1940-1949 1,116 4.8 1939 or earlier 3,350 14.3 Home Sales(Banker&Tradesman) Number % change 1990 983 1991 953 -3.1 1992 1,150 20.7 1993 1,292 12.3 . 1994 _ 1,162 -10.1 Home Sales &Home Prices Data for all transactions between$25,000 and$1,000,000. Condominium sales and prices are included. Median Sales Price(Banker&Tradesman) Price % change 1990 120,000 1991 115, 000 -4 .2 1992 110,000 -4.3 1993 115, 000 4 .5 1994 105,000 -8.7 Residential Building Permits(us Census Bureau 1994) (New Construction) Single Multi Family Family 1990 207 0 1991 183 3 1992 188 0 1993 178 8 1994 241 0 Subsidized Housing Units(DHCD 1993) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 7 of 20 • Aggregate Number 696 % Subsidized 3.75 Subsidized Housing Units: The number of housing units which count toward the municipality's 10% goal for low- and moderate-income housing. It includes both subsidized affordable units and market rate units in certain eligible subsidized developments. Public Housing Units(DHCD 1993) Conventional State 257 Conventional Federal 69 Rental Assistance(DHCD 1994) State (MRVP) 263 Federal (Section 8) 358 Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble.Director EDUCATION Student Population(Dept.of Education) Total students 91/92 6,383 at public schools 97.0% at private schools 3.0% Pupil Cost(Dept.of Education) Integrated Per Pupil Cost 91/92 $4,274 state average $5,034 Educational Attainment(1990 US Census) High School Graduate or Higher 87.6% Bachelor's Degree or Higher 26.4% School District Membership(Dept.of Education) Barnstable (K-12) rape Cod. f 09 1.2) School Enrollment(Dept.of Education) Enrollment Change Statewide 94/95 1981-95 Barnstable 6,812 26.2% -10.2% http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD -Community Profiles -Barnstable Page 8 of 20 • Cape Cod 518 -33.9% Dropout Rate(Dept. of Education) Rate 93/94 Statewide Barnstable 5.5% 3.7% Cape Cod 4.7% Average Teacher Salary(Dept.of Education) Salary 93/94 Statewide Barnstable $39,569 $39, 023 Cape Cod $35,457 Public Schools(Dept.of Education) Barnstable West Barnstable Elem K-05 Centerville Elementary K-05 Cotuit Elementary 03-05 • . Hyannis Elementary K-05 _ Hyannis West Elementary K-05 Marstons Mills Elem K-02 • Marston Mills East K-05 Osterville Elementary K-03 Osterville Bay Elementary K4-05 Middle School Grade 6 -06 Barnstable Middle 07-08 Barnstable High 09-12 Cape Cod Cape Cod Region Voc Tech 09-12 Colleges and Universities(Higher Education Coordinating Council) Cape Cod Community College For further school district information contact: Information & Outreach Services Department of Education 350 Main Street Malden, MA 02148 Phone: (781) 388-3300 Department of Housing and Community Development, Argeo Paul Cellucci.Governor,Jane Wallis Gumble.Director ECONOMIC DEVELOPMENT http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 r DHCD -Community Profiles -Barnstable Page 9 of 20 ECONOMIC BASE Labor Force(1990 US Census) Employed 18, 810 Unemployed 1,467 Unemployment Rate 7.2% statewide 6.7% Industry Groups of Residents(1990 US Census) Agriculture 500 Mining 24 Construction 1,763 Manufacturing 1,766 Transportation & Communication 1,594 Wholesale & Retail Trade 4,765 Finance, Insurance & Real Estate 1,448 Government 814 - Services 6,136 Total 18,810 EMPLOYMENT, PAYROLL & SALES Average Annual Employment by Place of Work(Dept.of Employment&Training 1993) Agriculture 249 Mining C Construction 693 Manufacturing 955 Transportation & Communication 1,159 Wholesale & Retail Trade 7,436 Finance, Insurance & Real Estate 994 Government 2132 Services 7, 880 Total 21521 Total Annual Payroll ($,000) 492,483 Average Annual Wage ($) 22,884 Number of Establishments 1,931 Employment & Wages: Data for employment and wages covered by unemployment compensation. Data is confidential (identified with a "C") if there are less than three reporting units in the total, or if one unit accounts for 80 % or more of the total. Reporting problems of multi-location employers may result in some over or under reporting. Largest Employers (Supplied by community 1993) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 • DHCD -Community Profiles -Barnstable Page 10 of 20 # employees Cape Cod Hospital 1,325 Stop 'n Shop 300 Cape Cod Times 280 Barnstable Public Schools 265 Barnstable County Government 260 Retail Establishments(US Census of Retail Trade 1992) Establishments 578 Sales ($,000) 748,993 - Per Capita Sales ($) 18,290 Paid Employees in work week 6,194 Retail Sales by Retail Group (US Census of Retail Trade 1992) Establishments Sales ($,000) Bldg. materials, garden supplies 24 51,130- General merchandise 10 . 91,433 Food stores 56 108,148 Automotive dealers 26 173,593 Gasoline- service stations 26 31,765 Apparel, accessories stores 78 75,201 Furniture, home furnishings 57..- 47,,7,80 Eating & drinking places 137 - 67,844 • Drug & proprietary stores • • 15 22,782 • • Misc. retail stores 149 79,317 . Retail Establishments & Sales: Data is reported for municipalities of 10,000 inhabitants or more. Sales is withheld (indicated with a"D")where it would disclose the operations of individual companies or businesses. ECONOMIC DEVELOPMENT ORGANIZATIONS (Supplied by community 1993) Town of Barnstable Economic Development Commission Hyannis Area Chamber of Commerce Hyannis Economic Development Corporation Cape Cod Chamber of Commerce • Cape Cod Office of Economic Development Department of Housing and Community Development Argeo Paul Cellucci.Governor.Jane Wallis Gumble.Director http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD -Community Profiles -Barnstable Page 11 of 20 TRANSPORTATION TRANSPORTATION AND ACCESS Barnstable is situated on Cape Cod, a 65-mile long sandy peninsula comprising Barnstable County. The Cape has excellent highway, rail, bus and air connections to other parts of New England. Air, bus, and passenger rail service expand during he summer months to accommodate the large numbers of tourists. Major Highways Principal highways are U.S. Route 6 and State Routes 6A, 28, 132, and 149. Rail Amtrak provides service to Hyannis from Memorial Day to Labor Day only; leaving Boston on Friday and returning to Boston from Hyannis on Sunday. The Bay Colony Railroad provides freight rail service to Barnstable. Contact number: (617) 380-3556. The Cape Cod Scenic Railroad runs a seasonal excursion train between Hyannis and the Cape Cod Canal. Bus Barnstable is a member of the Cape Cod Regional Transit Authority (CCRTA) , which provides fixed route service between Hyannis and Woods Hole. The Plymouth & Brockton Railway Company provides service to Boston and other locations on Cape Cod. There is limited bus service between Barnstable and Sagamore Circle, Plymouth, Kingston and Rockland. Other Barnstable Municipal Airport, a Primary Commercial Service (PR) facility, has two asphalt runways 5,249' and 5,430' . Instrument approaches available: Precision and non-precision; Marton Mil Mins Airport, a privately owned public use facility, has 2 turf runways : 1, 675 ' x 45 'and 2, 680 x 10 Instrument approaches available: None. Commuting to Work(1990 US Census) Drove alone 81.8% Carpools 9.1% http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 12 of 20 Public transportation 1.7% Other means 1.9% Walked or worked at home 5.6% Average time to work (mins) 19.3 LAND USE CLASSIFICATION *(Office of Environmental Affairs 1985) Acres Residential 13,236 33 .1% Commercial 1,062 2.7% Industrial 285 0.7% Transportation 952 2.4% Agriculture 525 1.3% Urban Open Land 629 1.6% Recreation 1, 132 2.8% Water 1,773 4.4% Other 20,429 51.0% * Cape Cod communities updated 1992 ZONING REGULATIONS • (Supplied by community 1993) Single Two Multi • Family Family Family Minimum lot size (sf) 43,560 71,500 5,000 per unit Minimum lot width or frontage (ft) 20-150 n/a n/a GROWTH MANAGEMENT (Supplied by community 1993) Comprehensive Plans Yes Rent Control No Condominium Controls No Groundwater Protection Yes Subdivision Control Laws Yes Site Plan Approval. Required Yes Other Growth Limits Ili. CCC Review Process and Policy Plan http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 • DHCD -Community Profiles -Barnstable • Page 13 of 20 Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director - CULTURE AND RECREATION LIBRARIES (Board of Library Commissioners 1993/94) Hyannis Public Library 401 Main St. (508) 775-2280 (call for other library locations) Statewide Total Holdings 260,112 per capita 6.27 4.91 Total Circulation 484,113 per capita 11.68 7.02 MUSEUMS (American Association of Museums) Centerville Historical Society 513 Main Street Centerville (508) 775-0331 Historic Society of Santuit and Cotuit 1148 Main Street Cotuit (508) 428-0461 John F. Kennedy Museum 397 Main Street Hyannis Osterville Historical Society West Bay Road Osterville (508) 428-5861 Donald G. Trayser Memorial Museum 3353 Main Street Barnstable Village (617) 362-2092 RECREATION Recreation Department (Supplied by community 1993) Barnstable Recreation Department Bearse's Way Hyannis, MA 02601 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 •DHCD -Community Profiles -Barnstable Page 14 of 20 Recreational Facilities (Department of Environment Management) Largest recreational sites, and activities: Sandy Neck Beach (1,350 acres) boating-non motor, camping, cross country skiing, hiking, horseback riding, hunting, motor boating, natural history, nature • observing, picnicking, swimming West Barnstable Conservation Area (1,114 acres) hiking, horseback riding, hunting, nature observing, 1776 South Conservation Area (240 acres) hiking, hunting, nature observing, walking/jogging Barnstable Municipal Golf Course (154 acres) golf 1776 North Conservation Area (85 acres) hiking, nature observing, walking/jogging Kalmus Park Beach (48 acres) boating-non motor, picnicking, salt water swimming, walking/jogging • Craigville Beach (10 acres) boating-non motor, picnicking, salt water swimming, walking/jogging • • Department of Housing and Community Development, - Argeo Paul Cellucci,Governor.Jane Wallis Gumble,Director ISCELLANEOUS HEALTH FACILITIES (Dept.of Public Health 1992) Hospitals Cape Cod Hospital, Inc. Long Term Care Cape Regency Nursing & Rehab. Center Centerville Nursing Home Greenery Rehab. & SNC Of Hyannis Hyannis Convalescent Center Whitehall Manor Nursing Home Whitehall Pavilion Nursing Home http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 • - -DHCD -Community Profiles -Barnstable Page 15 of 20 Hospices Hospice of Cape Cod Rest Homes Fraser Rest Home Of Hyannis Village Haven Rest Home UTILITIES (Office of Business Development) Electric Commonwealth Electric Co. Gas Colonial Gas Co. Sewer Barnstable WPCD Water Sources Ground PUBLIC SAFETY (Office of Public Safety 1993) Statewide Total Crimes Reported 4 2,179 rate per 1,000 persons 53.21 47.95 change from 1992 (%) -9 -5 Violent Crimes 776 rate per 1,000 persons 18.95 7.13 change from 1992 (%) 11 -3 Property Crimes 1,403 rate per 1,000 persons 34.26 40.82 change from 1992 (%) -17 -5 WELFARE ASSISTANCE (Department of Public Welfare 1994) Cases Cash Assistance Refugee Assistance 0 Supplemental Security Income (SSI) - Aged 145 Aid to Families with Dependent Children (AFDC) 610 Supplemental Security Income (SSI) - Disabled 930 Emergency Aid (formerly General Relief) 178 Medicaid Only Aged 118 Families 465 Disabled 254 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD -Community Profiles - Barnstable Page 16 of 20 Children 15 1 Food Stamps Only 577 Total 3,292 DPW caseloads are compiled by zip code. The cases shown are for the zip code(s)in which the community is located, and may include cases for other communities with the same code. Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director ' '` UNICIPAL FINANCE At A Glance Report for BARNSTABLE (02/21/97) Massachusetts Department of Revenue-Division of Local Services County: BARNSTABLE Kind of Community: Growth Community School Structure: K to 12 Regional School Districts: CAPE COD Form of Government: City Manager _ Council Representive Town Meeting 1994 Population 42,579 1994 Labor Force 22,028 1989 Per Capita Income 17,376 Population Per Square Mile 708 1994 Average Unemployment Rate 7.6 • • 1994 EQV Per Capita 115,807 Tax FY97 FY97 FY97 Classification Tax Rate Tax Levy Assessed Value Residential 12.09 46, 191,730 3,820,655,900 Open Space Commercial 12.09 6,898,333 570,581,700 Industrial 12.09 581,644 48,109,500 Personal Property 12.09 1,625,122 134,418,700 Total 55,296, 829 4,573,765,800 • FY97 Revenue Sources % of Total Tax Levy 55,296, 829 59.2 State Aid 6,630,205 7.1 Local Receipts 24, 534,315 26.3 Other Available 6, 882,386 7 .4 Total 93,343,735 FY97 Proposition 2 1/2 Levy Capacity New Growth 811,499 Override http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 17 of 20 Debt Exclusion 3,795,166 Levy Limit 55,312,488 Excess Capacity 15,659 Ceiling 114,344,145 Override Capacity 62,826,823 FY97 Cherry Sheet Estimated State Aid Education Aid 4,937,818 General Government 1,690,669 Total Receipts 6,628,487 Total Assessments 1,925,250 Net State Aid 4,703,237 FY95 Schedule A - Actual Revenues and Expenditures General Special Capital • Fund Revenue Projects Revenues 59,397,995 4,515,347 554,989 Expenditures 62,025,357 4,356,856 9,101,956 Police 5, 072,096 Fire 0 Education 32,862,183 3,692,456 5,841,630 Public Works 3,220,499 1,441,103 All Other 20, 870,579 664,400 1, 819,223 Enterprise Trust Total Fund Revenue All Funds Revenues 10,311,873 880,569 75,660,773 Expenditures 7,592,146 442,207 83,518,522 Police 5, 072,096 Fire 0 Education 42,396,269 Public Works 3,695,714 8,357,316 All Other 3,896,432 442,207 27,692, 841 Reserves Revaluation 7/1/96 Free Cash 4, 862, 123 Most Recent - FY95 FY97 Overlay Reserve 784, 866 Next Scheduled - FY98 FY95 Stabilization Fund 686, 095 FY97 Average Tax Bill Number of Single Family Parcels 19,662 Assessed Value of Single Family 3,351,216,800 Average Single Family Tax Bill 2,061 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD -Community Profiles - Barnstable Page 18 of 20 s If you have any questions or comments about this report or would like more information about the Municipal Data Bank, please contact: Burt Lewis (617-626-2358) or John Sanquinet (617-626-2355) Commonwealth of Massachusetts, Department of Revenue FY97 Estimated Receipts For BARNSTABLE (As of 07/09/96) A. EDUCATION: Distributions and Reimbursements 1. Chapter 70 2,787,386 2. School Transportation Programs 523,573 3. School Construction 1,556,187 4. Retired Teachers' Pensions 5. Tuition of State Wards 31,033 Offset Items - Reserve For Direct Expenditures 6. Racial Equality 7. School Lunch 39,639 Subtotal, All Education Items 4,937, 818 B. GENERAL GOVERNMENT: Distributions and Reimbursements 1. Lottery, Beano and Charity Games 1, 148,320 2. Additional Assistance 3. Highway Fund 290,107 4. Local Share of Racing Taxes 5. Regional Public Libraries 6. Police Career. Incentive 7. Urban Renewal projects 8. Veteran's Benefits 34, 881 9. Exemptions: Vets, Blind & Surv. Spouse 27,684 10. Exemptions: Elderly 107,477 11. State Owned Land 39,621 Offset Items - Reserve For Direct Expenditure: 12. Public Libraries 42,579 Subtotal, All General Government 1, 690, 669 C. TOTAL ESTIMATED RECEIPTS FISCAL 1997 6,628,487 Commonwealth of Massachusetts, Department of Revenue FY97 Estimated Charges For BARNSTABLE (As of 07/09/96) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 • DHCD - Community Profiles - Barnstable Page 19 of 20 Prior Year Prior Year Estimates Underestimates Overestimates A. County Assessment, County Tax 868,179 1 B. STATE ASSESSMENTS AND CHARGES: 1. Supervision of Retirement 2. Motor Vehicle Excises 3. Retired Employees Hlth Ins. 8,134 336 4. Retired Teachers Health Ins. 669,907 41,236 5. Mosquito Control Projects 186,189 1,718 6. Air Pollution Districts 13,928 7. Metropolitan Area Planning 8. Old Colony Planning Council 9. RMV Non-Renewal Surcharge 57,140 Sub-Total, State Assessments 878,158 98,712 1,718 C. TRANSPORTATION AUTHORITIES: 1. MBTA 2. Boston Metro Transit 3 . Regional Transit 171,316 6,888 Sub-Total, Transp. Assessments 171,316 6, 888 R b, D. ANNUAL CHARGES AGAINST RECEIPTS: 1. Multi-Year Repayments 2. Special Education 7,597 1,323 3 . Energy Conservation 4. STRAP Repayments Sub-Total, Charges 7,597 1,323 E. TOTAL EST. CHARGES, FY97 1,925,250 106,924 1,718 F. NET CHARGES, FY97 (Col. 1 + Col. 2 less Col. 3) 2,030,456 For further municipal finance information contact: Division of Local Services Department of Revenue 100 Cambridge Street Boston, MA 02202 Phone: (617) 727-7300 ACKNOWLEDGEMENTS Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble.Director http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 •DHCD - Community Profiles-Barnstable Page 20 of 20 The Department of Housing and Community Development would like to thank the many government agencies noted as having provided information for the community profiles. In addition to these agencies, the Regional Transit Authorities assisted with the transportation component of the profiles. We gratefully acknowledge the assistance of many city and town officials,which enabled us to include information obtainable only at the local level. DHCD would also like to thank the following individuals for providing special help: Leslie A. Kirwan, Deputy Commissioner,Division of Local Services,Department of Revenue; Richard Shibley,Deputy Secretary of State; Bob Beattie of the Department of Public Health; Charles W. Clifford from the Martha's Vineyard Commission; Dennis Coffey of the Executive Office of Transportation and Construction; Donna Fletcher and Christian Jacqz of the Executive Office of Environmental Affairs; James Griffin from the MBTA; Karen Loh from Banker& Tradesman; Todd Maio from the Department of Welfare; Geoffrey Morton from the Election Division of the Secretary of State's Office; Stephen R. Muench of the Massachusetts Aeronautics Commission; Rol Murrow of the Aircraft Owners and Pilots Association; Mary Ann Neary and Emmanuelle Fletcher,reference librarians at the State House Library; Jeff Nellhaus from the Department of Education; and George Sanborn,reference librarian at the State Transportation Library. NOTE: The COMMUNITY PROFILE draws information from a diversity of sources. The main source of information is listed under each section. In some instances comments submitted by the municipality were incorporated to correct and/or enhance the information obtained from the main source. However, no changes were made to those data bases which must be consistent throughout the state. DHCD has made efforts to ensure the accuracy of all data in the COMMUNITY PROFILES, but cannot take responsibility for any consequences arising from the use of the information contained in this document. http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 BRENDA TRI VICTOR CILLIS OKTOBER FARM 2051 MAIN STREET WEST BARNSTABLE,MA 02668 (508) 362-1562 March 1, 1999 Mr.Ralph Crossen Building Commissioner Town of Barnstable Department of Health, Safety&Environmental Services Building Division 367 Main Street Hyannis,Massachusetts 02601 Re: Oktober Farm, 2051 Main Street,West Barnstable MA Dear Commissioner Crossen: Since we have not yet heard further from you in response to my February 101 letter (responding to your letter of February 5th), we thought that it might be helpful to set forth fully in one letter all of the relevant facts, in the hope of persuading you that,indeed, the farm,is not in violation of the zoning by-laws, in light of Section 3 of Chapter 40A, and to ask you to rescind the Cease and Desist Order. As a starting point, We note that the Cease and Desist Order pertains "to only the riding programs for the public area not associated with the purchase of a horse." (Crossen letter dated February 5, 1999,para. 3) Clearly, then,we are in agreement that the use of the property for the raising,keeping and boarding of horses constitutes a permissible use which is not in violation of the zoning by-laws, as an agricultural or farming venture, as defined in Section 3, Chapter 40A of the General Laws. For the sake of clarity, our agreement on this point is based upon the specific wording of Section 3,which states, in pertinent part: No zoning ordinance or by-law shall...prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture...; nor prohibit, unreasonably regulate or require a special permit for the use, expansion or reconstruction of existing structures thereon for the primary purpose of agriculture... except that all such activities may be limited to parcels of more than five acres in an area not zoned for agriculture. G. L. c. 40A, s. 3. Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 2 Additionally, our agreement is based upon other statutes of this Commonwealth which further define"agriculture" as follows: "Farming" or "agriculture" [means] farming in all of its branches and cultivation •.. the raising of livestock including horses, the keeping of horses as a commercial enterprise,the keeping or raising of poultry•.•and other domesticated animals.... G. L. c. 111, s. 1 ("Definitions") and Land shall be deemed to be in agricultural use when primarily and directly used in raising animals, including but not limited to, ...,poultry, horses, ponies, ... , goats,..•., for 'the purpose 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, s. 1. and Land not less than five acres in area shall be deemed to be actively devoted to agricultural ... uses when the gross sales of agricultural ... products resulting from such uses •.•total not less than five hundred dollars [$500] per year. G. L. c. 61A, s. 3. Finally, our agreement is based upon the fact that the farm is in excess of five acres (and in fact is seven acres). Pursuant to the Town of Barnstable Zoning Ordinances, in the RF district where the farm is located, we are permitted to keep, stable and maintain at least twenty-five horses. (Town of Barnstable Zoning Ordinances, Sections 3-1.1(2)(b) and 3- 1.4) Having said that, it would appear that our disagreement pertains to the role of the Riding School in relation to the farm as a whole, and whether a horseback riding school constitutes an "agricultural" use accorded special treatment pursuant to Section 3 of Chapter 40A. We hope to clarify in this letter that not only is the Riding School is incidental to the raising, keeping and boarding or horses, but, more importantly, that a horseback riding Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 3 school is indeed an "agricultural use accorded special treatment pursuant to Section 3 of Chapter 40A. The Primary Purpose of the Farm is the Raising,Keeping and Boarding of Horses The primary function of the farm is the raising,keeping and boarding of horses. At present, we raise and keep four horses (two of which are miniature horses) of our own, and board five horses and three ponies, for a total of ten horses and ponies. In connection with the boarding of horses, we are responsible for the day-to-day care and maintenance of each horse, including daily turn-out and exercise, feeding, supervision of medical and health care, and ensuring that each horse is properly bedded down each night. Of the horses boarded, several are younger horses who are being raised here at the farm. We also provide riding instruction to many of the owners boarding their horses here at the farm,because they seek to both develop and advance their riding skills, which many riders will tell you is a life-long process. Some individuals have pursued riding instruction here and elsewhere in order to develop elementary riding skills sufficient to enable them to purchase a horse of their own, which is then boarded here at the farm. For those newer owners who are beginner riders, • the Riding School provides them with an opportunity to further advance their riding skills, as well as an opportunity to train the horses ridden to become accustomed to inexperienced riders. As you may know, horses live anywhere from twenty to thirty years, and do not fully mature until somewhere between their tenth and twelfth year, depending upon the individual horse. Many of the horses boarded here are under that age, and are still being "raised" - indeed, since horses are domesticated animals dependent upon humans for their care and well-being, the"raising"process continues throughout their lives. Having just opened the farm last year, as yet we have not had the pleasure of having any of the horses in our care give birth, although we do hope that this will happen someday. In addition to raising, keeping and boarding horses at the farm, I have counseled and assisted individuals with both the purchase and sale of horses. Mr.Ralph Crossen Building Commissioner March 1, 1999 Page 4 Riding Instruction is Offered Incidentally and as an Accessory to Raising, Keeping and Boarding Horses. In addition to offering riding instruction to my boarders, I also offer riding instruction to non-boarders, many of whom hope to obtain sufficient skill to enable them to purchase a horse of their own one day. The Riding School truly is incidental to the farm's primary function of raising, keeping and boarding horses, and the farm's revenues reflect that. Moreover, unlike some area riding academies, I do not presently advertise in local newspapers,nor in the telephone book. Most advertising comes from word-of-mouth. A review of the Massachusetts case of Henry v. Board of Appeals of Dunstable, which defines"incidental" and"accessory"uses with respect to agricultural uses is helpful. 418 Mass. 841, 641 N.E.2d 1334(1994). An accessory or"incidental"use is permitted as"necessary, expected or convenient in conjunction with the principal use of the-land." 6 P.J. Rohan, Zoning and Land Use Controls, § 40A.01, at 40 A-3 (1994). The term "incidental" in zoning by-laws or ordinances incorporates two concepts: • "It means that the use must not be the primary use of the property but rather one which is subordinate and minor in significance... But `incidental', when used to define an accessory use, must also incorporate the concept of reasonable relationship with the primary use. Henry v. Board of Appeals of Dunstable,418 Mass. At 845, 641 N.E.2d at 1336. Certainly the Riding School is an activity which bears a reasonable, and indeed logical relationship to the raising, keeping and boarding of horses. The Riding School children's program has the additional benefit of assuring parents that their child is involved in a wholesome, outdoor educational opportunity, in a supervised environment. Riding also allows children to experience what was our primary mode of transportation for many centuries, and to develop an appreciation of our history. Moreover, many parents prefer to allow their child to discover through riding lessons whether the child really is interested in riding, as opposed to a passing fad. This is especially important with respect to the purchase of a horse, a not-inexpensive proposition in terms of both time and money. As in the Steege case, I raise, keep and board horses of varying ages, both young and older, some of which are sold. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176 (1988). As part of the training of some of these horses, they are "ridden by students in order that they may become accustomed to handling by Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 5 inexperienced riders." Id. The Riding School is an incidental and accessory use to the raising, keeping and boarding of horses and ponies. Henry v. Board of Appeals of Dunstable 418 Mass. At 845, 641 N.E.2d at 1336; Steege v. Board of Appeals of Stow, 26 Mass.App. Ct. at 971-2, 527 N.E.2d at 1178. Riding School is an Educational and Agricultural Use However, notwithstanding the similarity of facts in the Steege case and my farm operation, the General Laws of this Commonwealth state that a riding school is accorded special treatment both as an educational entity, and as an agricultural use. Please note that the Department of Revenue for the Commonwealth has recognized our activities (including the Riding School) as agricultural under Chapter 61A, which defines what activities constitute an agricultural use. However,not only is Section 1 of Chapter 61A mentioned in the Steege case,but so is the statute defining "agriculture Chapter 128. Indeed, in considering whether,a riding school is an agricultural use,where better to look than the statute which specifically defines and regulates agriculture. As you can see from those portions of Chapter 128 set forth below, a riding school is specifically defined as an agricultural use under Chapter 128, and is subject to the rules and regulations promulgated by the Massachusetts Commissioner of Food and Agriculture. The applicable sections of Chapter 128 are as follows: Section Title 1 Definitions 1A Farming, agriculture, farmer; definitions 2 Powers and duties of department of agriculture 2A Horse rising instructors; licenses; fees;validity of license; duplicate licenses; rules and regulations 2B Riding Schools or stables; license; fee; rules and regulations; penalties 2D Liability of equine professional and equine activity sponsors Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 6 While I am enclosing copies of these applicable statutes,I set forth portions of them below: Section 1: Defmitions. The following words as used in this chapter shall have the following meanings: "Commissioner",the commissioner of food and agriculture. "Department",the department of food and agriculture. "Riding school operator", any person owning or having custody of one or more horses which are let for hire to be ridden or driven,with or without the furnishing of riding or driving instructions. Section 1A: Farming, agriculture,farmer; defmitions. • "Farming" or "agriculture" shall include farming,in all of its branches •,•.the raising of livestock including horses, the keeping of horses, as a commercial enterprise— . Section 2A: Horse riding instructors; licenses; fees; validity of license; duplicate licenses; rules and regulations. No person shall hold himself out to be a horse riding instructor for hire without being licensed or such purpose by the commissioner[of food and agriculture]. The commissioner shall make rules and regulations governing the issuance and revocation of said license, and shall establish the minimum qualifications for the issuance thereof. If the qualifications of an applicant meet or exceed the minimum qualifications established by the commissioner he shall issue such license. Section 2B: Riding schools and stables; license; fee; rules and regulations; penalties. Every person engaged in the business of operating a riding school or stable where horses are kept for hire, shall obtain a license therefor from the commissioner [of food and agriculture], the fee for which shall be fifty dollars, and such license shall expire on March thirty-first following the date of issuance, .. . The commissioner, subject to the approval of the governor may make rules and regulations governing the issuance and revocation of such licenses and the Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 7 conducting of the businesses so licensed and relative to the maintenance of the premises, buildings and conveyances, the health of the horses or other equine animals, and the method and time of inspection and checking of said animals••... Section 2D: Liability of equine professionals and equine activity sponsors. (a) For the purposes of this section, the following words shall have the following meanings: "Engage in an equine activity", riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as part of an organized event or activity, or assisting a participant or show management. The term "engage in equine activity" shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate proximity to the equine activity. "Equine", a horse,pony,mule, or donkey. "Equine activity", (.1) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting; (2) equine training or teaching activities or both; (3) boarding equines; including normal daily care thereof; (4) riding, inspecting, or evaluating by a purchaser or agent an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; (5) rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (6)placing or replacing horseshoes or hoof trimming on an equine; and(7)providing or assisting veterinary treatment. "Equine activity sponsor", an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including but not limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college- sponsored classes programs and activities, therapeutic riding programs, stable and Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 8 farm owners and operators, instructors, and promoters of equine facilities, including but not limited to farms, stables, clubhouses, pony ride strings? fairs, and arenas at which the activity is held. "Equine professional", a person engaged for compensation: (1) in instructing a participant or renting to a participant an equine for the purposes of riding, driving or being a passenger upon the equine; (2) in renting equipment or tack to a participant; (3) to provide daily care of horses boarded at an equine facility; or(4)to train an equine. "inherent risks of equine activities", dangers or conditions which are an integral part of equine activities, including but not limited to: (1)The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (2) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (3) certain hazards such as surface and .subsurface; conditions; (4) collisions with other equines or objects; (5) the potential-of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his ability. "Participant", any person, whether amateur or professional, who engages in an equine activity,whether or not a fee is paid to participate in such equine activity. (b) Except as provided in subsection (c), an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from inherent risks of equine activities and, except as provided in subsection (c), no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities; (c) This section shall not apply to race meetings as defined in section one of chapter one hundred and twenty-eight A. Nothing in subsection(b) shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity, sponsor, • Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 9 equine professional, or person: (1)(i)provided the equipment or tack, and knew or should have known that the equipment or tack was faulty; and such equipment or tack was faulty to the extent that it did cause the injury; or(ii) provided an equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, and determine the ability of the participant to safely manage the particular equine based on the participant's representations of his ability; (2) owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land, or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and for which warning signs, pursuant to subsection(d),have not been conspicuously posted; (3) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) intentionally injures the participant. (d) ( i ) Every equine professional shall post and maintain signs which contain the warning notice specified in paragraph(2). Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice specified in paragraph(2) shall appear on the sign in black letters,with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in paragraph(2). (2) The signs and contracts described in paragraph (1) shall contain the following notice: WARNING Under Massachusetts law, an equine professional is not liable for injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Section 2D of Chapter 128 of the General Laws. F Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 10 Conclusion In closing, we would like to take this opportunity to apologize to you for being put into the middle of what is essentially an ugly dispute between us and our neighbors, who now seek improperly to manipulate you and your office for their own purposes and ends, under false pretense of concerns regarding zoning, the historic nature of the area, the welfare on animals and children. . As you know, our neighbors have submitted a defamatory, libelous and indeed scandalous petition falsely accusing us of various things. This is particularly hurtful to us because Victor, my husband, is a pediatrician, whose professional reputation has been libeled by these false and mean-spirited accusations. As you know, none of these false accusations are relevant to your consideration of zoning issues. To the extent that these false accusations come under the jurisdiction of a town department, they fall within the jurisdiction of the Board of Health. Please note that our neighbors have caused the health officer to visit the farm on numerous occasions and • . not once have we been cited for any.violation. Indeed, we.welcome,all.,town officials to visit the farm and to review our operations. ;. It is our belief that our neighbors, the Fenneys, the Masons and the Troutmans, are. the primary instigators of the defamatory petition, and that some of the persons signing this petition, other than them, in fact were not aware of the accusations set forth therein, and have disclaimed that they intended to make the accusations set forth therein. It seems that because of other disputes,these neighbors have decided to retaliate against us in a malicious attempt to shut down the Farm. Certainly we find it ironic that never once have either the Fenneys, Troutmans or Masons ever once voice any of their concerns or allegations to us directly or prior to this petition. Particularly with respect to the Masons and Troutmans, it seems hypocritical on their part to try to have the Farm close down, since our farm predates their purchase of the abutting lots, and they each were most certainly aware that the farm was here. To now claim that it is a "nuisance" is ironic, since they could have chosen to purchase elsewhere had they truly desired not to reside next to a farm. It is similarly ironic that they argue that the since neighborhood is an historic area, that the farm should be closed. Evidently, the fact that the farm and riding school engage and preserve a lifestyle quite in keeping with the lifestyle, culture and economy of Cape Cod in by-gone days is being overlooked. Indeed, the Old King's Highway Regional Historic Act seeks to preserve not only Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 11 the historic appearance of the area, but also the historic culture and activity of the area, as set forth in Section 1, entitled"Purpose": The purpose of the Act is to promote the general welfare of the inhabitants of the applicable regional member towns so included, through the promotion of the educational, cultural, economic, aesthetic and literary significance through the preservation and protection of buildings, settings and places within the boundaries of the regional district and through the development and maintenance of appropriate settings and the exterior appearance of such buildings and places, so as to preserve and maintain such regional district as a contemporary landmark compatible with historic, cultural, literary and aesthetic tradition of Barnstable County, as it existed in the early days of Cape Cod, and through promotion of its heritage. Old King's Highway Regional Historic District Act, Section 1. Additionally,the Act defines the term"Heritage"as follows: "Heritage"—value in the cultural life of the past, because of their importance to the community life of Cape Cod, which have come down through the generations to make up our way of life. This has been achieved by means of old buildings, industry, furniture, utensils, old happenings and expressions. They have made the unique salty flavor of Cape Cod that will never be forgotten but will be preserved for future generations, as a means of insuring the integration of those qualities into a contemporary way of living. Old King's Highway Regional Historic District Act,Section 3. What could be more in keeping with the heritage in accordance with the purposes of the Old King's Highway Regional Historic District Act than a working farm, educating today's children, through hands-on experience, about the care and raising of what was once the primary mode of transportation of residents of the Town of Barnstable, and the primary livelihood of its residents? However, as the town official charged with enforcement of our zoning ordinances, we understand that this fs beyond your purview in this instance, and recount this only so that you may have a better understanding of the motivations of certain persons. we appreciate that your concern is solely whether the Riding School constitutes an "agricultural" use, or an incidental and accessory use to a proper agricultural use, under Section 3 of Chapter 40A. As I have se forth above, it is. Accordingly, we respectfully request that you rescind the Cease and Desist order. Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 12 We thank you for your consideration, and look forward to speaking with you soon. Very truly yours, Brenda Tri Victor Cillis,M.D. Oktober Farm Enclosures c: Julie C. Molloy,Esq. MEMORANDUM TO: Zoning Board of Appeals Town of Barnstable FROM: Julie C. Molloy, Esq. Attorney for Applicants, Brenda Tri & Victor Cillis, M.D. DATE: June 16, 1999 RE: Appeal of Building Commissioner's Cease & Desist Order Dated February 5, 1999, re: 2051 Main Street, West Barnstable In response to the Staff Report to the Zoning Board of Appeals, dated June 8, 1999 (which was received on June 15, 1999), the following supplemental memorandum is hereby submitted to clarify certain points: I. Applicants' Position Clarified: The Applicants' position is both that (a) the offering of riding lessons is an exempt agricultural use, and (b) that the same is a use which is incidental, accessory, necessary and customary to the raising, keeping and boarding of horses, and thus is an exempt agricultural activity. II. Size of Property: The Cillis property, Oktober Farm encompasses in excess of seven acres, and not simply the 5.18 acres noted in the Staff Report, as the Cillis also own the parcel denoted as "75-2"on attached Map 216, which is an additional two plus acres. III. Agriculture includes Horse Farms, and Keeping Horses as a Commercial Enterprise: Fundamentally it seems that there is some confusion regarding the nature of "agriculture" and "farming". The Barnstable Zoning By-Laws permit agriculture as an unrestricted use in all zcning districts, without any requirement as to size. The Building 1 Commissioner has agreed that the raising, keeping, and/or boarding of horses is a permissible and unrestricted agriculture use pursuant to the Barnstable Zoning By-Laws. He has opined however that offering riding lessons is a commercial activity separate and distinct from the keeping, raising and/or boarding of horses, and thus is prohibited in a residential district. There are two flaws with this argument: (1) Since the Barnstable Zoning By-Laws do not define "agriculture", we must look to state law to determine the definition of agriculture. Building Inspector of Mansfield v. Curvin, 22 Mass. App. Ct. 401, 494 N.E.2d 42 (1986)(where statute or by- lay does not define its words, look to other legal contexts for their use). Under State law, "agriculture" and"farming" are specifically defined to include not only the raising, keeping and boarding of horses, but also the"keeping of horses as a commercial enterprise." G.L. c. 128, §1A. (This was included in the initial package of materials supplied to this Board by the Applicants, but may have been overlooked during the staff review). (2) "Agriculture"does not mean "non-profit"or non-commercial, in the sense that most farms engage in farming or agriculture with the intent to make money doing so. The family farm is probably one of the oldest businesses and family occupations in the country. Most farmers do so not only because they enjoy it,but also as a means to make a living to support themselves and their families. According to facts presently published on-line by the Department of Food and Agriculture for the Commonwealth of Massachusetts (see attached Exhibit 1): Agriculture is an important part of the character and economy of Massachusetts. Farm production is indeed fresh and growing in the Bay State, and generated upwards of$497 million in cash receipts in 1996. There are some 6,100 farms in the state, with a total of 570,000 acres in production. 2 The Facts About Massachusetts Agriculture, Massachusetts Department of Food and Agriculture In a day and age where many family farms have gone the way of the local pharmacy, driven out by giant retailers like Wal-Mart, so too have many small farmers suffered and gone out of business. Lack of profits in the farming industry have resulted in the sale of farm land for development, leading to a"suburbanization"of communities nationwide, including here on Cape Cod. Ironically, in an effort to stem this "suburbanization" and to preserve open space, the first the Cape Cod Commission was created to preserve the unique cultural and environmental aspects of Cape Cod through a regional planning agency, and most recently enacted the Land Bank as a mechanism to preserve open space no longer preserved through agricultural uses, thus protecting the Cape from overdevelopment. Similarly, the State and federal governments have enacted programs to keep family farms -- an integral part of our economy-- alive. The May 1999 issue of the Massachusetts Department of Food and Agriculture's Farm &Market Report highlights on its front page a campaign spearheaded by the U.S. Department of Agriculture to help small farms "cut costs and increase profits." In Massachusetts, in an effort to preserve and protect farming, the State Legislature adopted legislation granting agricultural uses (provided the property where such activity occurs is in excess of five acres) special protected status and exemption from zoning regulation similar to that granted to educational uses. G.L. c. 40A, §3. According to the 1997 Census of Agriculture done by the U.S. Department of Agriculture, there are 1,196 Horse Farms in Massachusetts, maintaining some 9,410 horses and ponies. (See Exhibit 2). 3 IV. Relationship Between Horse Farm and Riding Lessons In the Staff Report, the final paragraph states that the"Building Commissioner has made a determination that the applicants' operation of a riding academy is different than the Steege case." The report goes on to state: "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. The Building Commissioner has made a determination that there is no such relationship in the applicants' operation of a riding academy." (See Staff Report) The Building Commissioner however has never indicated in any manner how, in his opinion, Oktober Farm's offering of riding lessons is different from the facts in the Steege case. The facts set forth in the Steege case pertaining to the use of the premises, as set forth in the decision are as follows: (1) the Steeges owned property in excess of five acres in the Town of Stow; (2) since 1984, the Steeges operated the premises for the raising, training, and boarding of horses; (3) the Steeges also used the premises for giving riding lessons; (4) finally, the Steeges allowed persons boarding their horses at the premises to use the premises for the riding of their own horses. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176 (1988). After a trial in the Land Court, the trial judge ruled that: The uses made by the [Steeges] of their land...are so interrelated that they comprise agricultural use as defined in G.L. c. 61A, §§1 and 3, and G.L. c. 128, §1, and are therefore exempt from the requirements of the Stow zoning by-law. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970-71, 527 N.E.2d at 177. 4 The Appeals Court upheld the trial court's findings that the uses of the Steeges, including the offering of riding lessons, all fell within the definition of agriculture, and thus were exempt from the Stow zoning by-law. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176. Nowhere in the Steege case is there any indication, hint or inference requiring that in order for riding lessons to constitute an exempt agricultural activity the persons taking such lessons must have some intent to someday purchase a horse, as the Building Commissioner's letters indicate is required here. In point of fact, however, riding students of Oktober Farm have purchased ten horses in the past year, and Oktober Farm itself has purchased three horses. Four of the horses purchased by Oktober Farm riding students are now boarded at the Farm. Setting that aside for a moment, let us consider the nature of a horseback riding in general: (1) While at one time horses were the primary mode of transportation, and nearly Every family had one (or more), today the usual and customary uses of horses is riding for pleasure; (2) In order to ride a horse, one must learn how to do so. While a person might be able to learn how to ride a horse on his or her own or from reading a book, it is advisable to take lessons. Indeed, the state deems it sufficiently important to ensure that riding instructors be knowledgeable and experienced that there is a state statute regulating horse riding instructors and the operation of riding schools; (3) Purchasing a horse is expensive: while it may cost between $50 to $1,000 to purchase a bicycle, it generally costs $1,500 to $2,000,000 to purchase a horse. In addition to the initial purchase price, there is the cost of board if a horse is boarded, costing anywhere from $350 to $700 per month, the cost of feeding a horse the horse, veterinary and dentist bills and bills for the shoes. None of this is inexpensive, and not likely an expense one would decide to bear unless one were certain one were really interested in riding the horse— unlike a dog,horses are not generally kept as pets simply for companionship. It is typical, usual and customary, therefore, for people to take lessons to determine if they are really interested in owning a horse and also to learn how to ride one. 5 • (4) In order to take a riding lesson, a person must find a place which keeps horses, and,by state statute, licensed to give horseback riding lessons. Typically, this will be a horse farm Since last Spring, 1998, when Brenda and Victor Cillis began offering riding lessons in connection with their horse farm, ten students have purchased horses. Four of those horses are now boarded at the farm. The owners of each of those four horses continue to take lessons. Brenda Cillis is a licensed horse Riding Instructor pursuant G.L. c. 128, §2A. Oktober Farm is a duly licensed stable pursuant to G.L. c. 128, §2A. Oktober Farm has a permit to operate a stable issued by the Town of Barnstable Board of Health. The primary purpose of Oktober Farm is the raising, keeping and boarding of horses. The customary use of horses is riding, which is done by both the Cillis family and those who board their horses there. Offering riding lessons is a typical,usual and customary use of the horses kept and raised at Oktober Farm. The fact that money is charged in exchange for the lessons given does not make horseback riding any less agricultural,just as charging money to board horses makes that any less agricultural, or charging money for farm raised corn makes growing corn any less agricultural. Thus, offering horseback riding lessons (which can only be offered by virtue of the fact that horses are kept at the farm, since there would not and could not be any horseback riding lessons if there were not any horses available to ride) is an exempt agricultural use, because it falls within the definition of agriculture as stated in Section IA of Chapter 128 (the keeping of horses as a commercial enterprise), and,just as in the 6 Steege case, Oktober Farm's"purchase and raising of horses, their stabling, training through the operation of the riding school, and their participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used in [Chapter] 40A, [Section] 3. • I 1 •11 e cts about Massachusetts agriculture agriculture is an important part of the Cash Receipts character and economy of Massachusetts. Farm production is indeed fresh and • $497 million in cash receipts for all growing in the Bay State, and generated commodities upwards of$497 million in cash receipts in 1996. There are some 6,100 farms in the Massachusetts Cash Receipts,1996 state, with a total of 570,000 acres in Percent by Commodity production. Cranberries 23.7% • Massachusetts farmers provide flavorful and . % er diverse products for all tastes - from the G,nh,o&Nu..29.5% 11111e11111111N11111411!!' otntei.e%Crops 62% traditional New England favorites of maple4,11 syrup, apple cider, and cranberries to Wstdc6 Poen.6.1% unusual varieties of sprouts, hydroponically grown lettuce, gourmet cheeses, and wines. Diversity and productivity are what keep The Largest Sectors of Mass. our Massachusetts agriculture fresh and Agriculture (by cash receipts) growing. Every time you purchase foods Greenhouse and nursery 30 percent $132 million grown, produced or processed in Cranberries 24 percent $81 million Massachusetts, you help stimulate the local economy... and you'll enjoy the special Fruits&vegetables 19 percent $81 million "taste of Massachusetts"I Dairy products 14 percent $63 million Farmland National Rank • 6,100 farms • Cranberries 2 • 570,000 acres in farmland • Maple syrup 9 • Average farm size: 93 acres • Sweet corn 13 • Farmland value: $5,597 per acre, 4th • Apples 15 highest in the U.S. • Tomatoes 18 I Direct Marketing Outlets Crops and Commodities • 95 farmers' markets statewide Cranberries • More than 400 roadside farm stands • Pick-your-own operations are Massachusetts is the number two cranberry another direct marketing outlet used producer in the nation, producing 37 by Bay State farmers. percent of the U.S. crop. Massachusetts harvests more than 1.7 million barrels on — — = some 14,400 acres of cranberries yearly. M Massachusetts grown...and fresher) - U.S.Cranberry Production, 1996 Farm Labor Percent by State Massachsetts 37% • 1,847 farms with hired farm labor Washington4°6 Ne 10% • 12,469 workers on farms Oregongon 7%7% • $77,337,000 paid to workers Wisconsin 43°,6-� • 2,926 farm operators whose principal occupation is farming • 2,332 operators with a principal occupation other than farming Dairy • Average age of farm operators: 53.8 years The commonwealth's dairy industry Rural and Farm Population produced 440 million pounds of milk in p 1996. Ice cream production totaled 54 • 15.7 percent of the million gallons in 1996. commonwealth's total population - 947,000 people - live in rural areas. Fruits & Vegetables • The farm population is 9,342. Nearly half of the 16,577 acres of Food Manufacturingvegetables cultivated in the state is devoted to sweet corn. Massachusetts farmers • Massachusetts has more than 2,600 produced 490 million pounds of sweet corn food manufacturers in 1996. The Massachusetts tomato crop • Nearly 52,600 people are employed weighed in at 68 million pounds in 1996 in food manufacturing with a value of$5.8 million. Other local • $6 billion in revenue is generated produce includes fresh beans, squash, annually. peppers, strawberries, blueberries and more than 40 other fruits and vegetables. ®®,®��'' Hydroponically grown tomatoes, lettuce and sprouts are among the diverse products available in the Bay State. MAS T :h . DE %IH PRIDE Apples Winemaking Bay State apple production ranks 15th in the There are approximately 270 acres of nation. More than 1.3 million bushels of vineyards in the commonwealth. The state's Massachusetts apples were produced in 1996 . wineries produce a variety of grape, berry, and fruit wines which are available across Eggs & Poultry the state. Vineyards range in size from less than one acre to more than 60 acres. Brown eggs are popular in New England. In Massachusetts, there are about 512,000 Maple Sugar laying hens, producing some 11 million dozen brown and white eggs annually. The Typically New England, maple tree tapping commonwealth's turkey farms produced thrives in the Bay State. Massachusetts maple 80,000 turkeys at a wholesale value of more syrup production totaled 49,000 gallons in than $1.9 million in 1996. 1996,with cash receipts of$1.9 million that year.We are one of ten states in the U.S. Green Industry commercially producing maple syrup. The combined greenhouse and nursery Tobacco industry is the largest sector of the agricultural industry in Massachusetts, with 8.2 million Though much of the farmland once used for square feet under protection,and 3,200 acres tobacco is now used for vegetable in the open. Cash receipts totalled $147 production, the state still grows more than million in 1996. $8.2 million worth of tobacco annually. Livestock Horses Though Massachusetts is not a commercial The state administers breeding programs for meat producer, it generates some $13.5 both standardbreds and thoroughbreds. All million annually from the sale of culled cattle totalled, we have some 60,000 horses and and calves from dairy herds. About 7.2 3,100 ponies in the Bay State. Our equine million pounds of pork and 1 million pounds industry is valued at about$180 million. of lamb and mutton are produced each year. Hay Aquaculture The state's annual hay crop of 190,000 tons Aquaculture operations generate more than on some 95,000 acres is valued at more $8.5 million in cash receipts annually. than $21 million. Honey Forest Products The state's 15,000 bee colonies, vital to the Lumber, wood pulp, Christmas trees and pollination process of major Massachusetts other forest products are part of the Bay products, also produce $252,000 worth of State's agricultural harvest. Christmas trees honey each year. bring in $15 million in cash receipts annually. Composting Many Massachusetts farmers also use IPM p g techniques on other crops not currently On-farm composting is solving town covered by the Partners with Nature waste-disposal problems and providing a program. new industry for farmers. Agricultural Fairs Farmland Preservation • 18 major agricultural fairs in The Agricultural Preservation Restriction Massachusetts Program (APR), has protected some 409 • 12 community fairs parcels of prime agricultural land from • 13 youth fairs non-agricultural development. The state has • 6 fairs specializing in livestock invested $88 million in 123 towns to acquire • 15 fairs sponsored by the Grange agricultural restrictions on these parcels. Agri-Tourism Integrated Pest Agricultural tourism is fast becoming a Management popular pastime that offers enjoyment to tourists, and also gives farmers an Integrated Pest Management (IPM) uses a opportunity to diversify their operation and combination of pest control practices in attain economic growth. Over 150 farms concert with naturally-occuring controls. By currently offer visitors activities such as combining a number of practices, pest hiking, cross-country skiing, cut-your-own damage can be prevented without harming Christmas trees, harvest festivals, the environment. picnicking, bed and breakfast The Partners with Nature IPM certification accomodations, farm tours, petting zoos, and more. program certified crops grown by 40 farmers in 1997. Sweet corn was the largest SOURCES:New England Agricultural Statistics,1996;U.S. crop certified under the Partners with Census of Agriculture,1992;Massachusetts Department of Nature program covering nearly 900 acres. Food and Agriculture and Massachusetts Office of Business Another 52 acres of strawberries, 24 acres Development. of tomatoes, 30 acres of potatoes, 5 acres of cole crops, 34 acres of peppers, 40 acres of pumpkins and 239 acres of winter squash were also certified. Massachusetts IPM-Certified Farms 1997 Partners with Nature Program Massachusetts Department of Food and Agriculture 24— H 20— 100 Cambridge Street ,e— Boston, MA 02202 12 � — 617-727-3000 0 » -- aginfo@state.ma.us Sr.awe 4trawbcrrle Sawa Patztee Cole Owl Pepper, henpldni Crop http://www.massgrown.org Mission Statement and Organization Page 1 of 3 , r home g �� w '. �ti r 1�P�. a ��.,�!j�i'+5. �'�rLA�ai5 �6�� ,'o-*'. r•s.. 4i��: � '�'' s 8<� 1��� '" index" � p�rograms ,�y (�$f �(Q{�f S 'Yf��}` �' -.. / 'y�l r/n�1�/.ry �{, aF .' V K d h SY n��{1 over die `..�.,k�ot".},'' � i , _ �,�� , #- ¢¢ 1` «4 ,, ,l Y:Y V r .!�K ±mac roll i Massachusetts Department of Food and Agriculture 100 Cambridge Street, Boston, MA 02202. Tel 617-727-3000. Fax. 617-727-723 . a `+' ,,,,.t • c,,,r & 7„y.:w as .,ate;` 4, *4.,:,..,,r) ..,:-4,( - -_, N -' rt'', . '-._.' ,... :;4 ,' 0 en ts, aw. �i w. ::::,-.:1.,,_-'' 1 �� ° f, L s ��, ; pp 'fir' " y F it y � ,�Tff�s. a r 0. y ; Mission Statement and Organization The mission of the Massachusetts Department of Food and Agriculture (DFA) is to support, promote and enhance the long term viability of Massachusetts Agriculture with the aim of helping this state's agricultural businesses become as economically and environmentally sound as possible. By so doing it is hoped that our farmers will continue to support and maintain thousands of acres of valuable open space for the benefit of the state's economy and environment. The Massachusetts Department of Food and Agriculture is one of the oldest state agencies in the nation, tracing its origins to the State Board of Agriculture which was established in 1852. The DFA is organized around four divisions: Division of Agricultural Director: MaryJordan Development: J. Through the Bureau of Land Use this Division develops programs to preserve and improve land for agricultural uses. Through its marketing arm, the Bureau of Markets the division promotes Massachusetts agricultural products and fosters economic development for the farm community. Fairs and Equine Activities are also a responsibility of the Division. The Division is also responsible for the promotion of Aquaculture in the State. The Division of Agricultural Development has its own web site called MassGrown (www.massgrown.org) Division of Dairy Services: Director:Jim Hines Composed of the Bureau of Milk Marketing and the Bureau of Dairying. The Bureau of Milk Marketing administers licenses to milk dealers including stores, plants and distributors. It is also responsible for the http://www.massdfa.org/overview.htm 6/15/99 Mission Statement and Organization Page 2 of 3 administration of the State Marketing Order in Federal unregulated areas as well as laws regulations and programs pertaining to dairy. Division of Regulatory Services Director: David Sheldon This division has the responsibility of regulating all agricultural activities within the State. It is composed of the Pesticide Bureau, the Bureau of Animal Health and the Bureau of Farm Products and Plant Industries. Division of Administrative Operations Manager:Janet LaFond Services: This division supports the fiscal and administrative needs of the Department. Commissioners Office Commissioner:Jonathan Healy Operations Manager:Janet LaFond Program Coordinator: Maureen Martel Finance: Accountant: Barbara Scoff; The Budget Director administers all Program Coordinator:Joyce Toland. financial activities such as the Department's budget, accounting and procurements. Human Resources: Human Resources Manager: Mary Beth Burnand Employment Opportunities; Counsel: General Counsel: Lawrence McCormick DFA Regulations Assistant General Counsel :Dorothy.Bisbee Education and Outreach; Bureau Chief:Janet Christensen Grant Programs; Coordinator: Craig Richov Directory of Employees; (Home] I (Programs&Services] I I [News&Events] I (Dairy Services] I [Agricultural Development] I (MassGrown] • http://www.massdfa.org/overview.htm 6/15/99 Mission Statement and Organization Page 3 of 3 Photograph Courtesy of Ellen Hart http://www.massdfa.org/overview.htm 6/15/99 2 2 1 1997 Census of Agriculture ' :619a1,‘_ State Profile United States Department of Agriculture Ad '' New England Agricultural Statistics Service MASSACHUSETTS Land in farms Decreased 2 percent from 526,440 acres in 1992 to 518,299 acres in 1997. lAverage size of farms I Decreased 7 percent from 100 acres in 1992 to 93 acres in 1997. (Full time farms I Increased slightly from 2,926 farms in 1992 to 2,927 farms in 1997. Market value of agricultural products sold Increased 30 percent to $454,404,000 in 1997. Crop sales accounted for 79 percent of the market value. Livestock sales accounted for 21 percent of the market value.1 'Market value of agricultural products sold, average per farm I Increased 22 percent from $66,687 in 1992 to$81,522 in 1997. Census Count of Farms Land 7 700 6 * 600 El h u)ig 500 N C E0 5 cby 400 Li Q 4 o F 300 200 I I 1 1 2 ' t ' ' 100 ' ' ' 1982 1987 1992 1997 1982 1987 1992 1997 AO Farms —I— Full time Farms Land in Farms —I— Cropland Harvested Table 39. Ewes 1 Year Old or Older—Inventory, Shorn, and Sales by Size of Ewe Flock: 1997 [For meaning of abbreviations and symbols,see introductory text] Sheep and lambs inventory Sales Sheep and lambs shorn Ewes 1 year old or older Total Ewes 1 year old or older Sheep and lambs Sheep,lambs,and wool inventory Pounds of Value Farms Number Farms Number Farms Number wool Farms Number Farms ($1,000) Total 364 7 750 364 5 374 318 6 769 50 468 300 6 105 340 438 Farms with inventory of— Ito 24 304 3 786 304 2 418 258 3 084 23 150 240 3 267 280 218 25 to 99 58 (D 58 (0) 58 D)) (D 58 (D) 58 (D 100to 199 1 (D; 1 (D) 1 (D) (D; 1 (D; 1 (D 200 to 499 1 (0) 1 (D) 1 (D) (D) 1 (D 1 (D) 500 to 999 — — — — — — — — — — 1,000 to 2,499 — — — — — — — —_ —_ — 2,500 to 4,999 — — — — — — — — 5,000 or more — — — • — — — — — - — — — - No ewes 1 year old or older as of Dec.31,1997 67 598 (X) (X) 17 74 588 50 651 56 38 Table 40. Other Livestock and Livestock Products—Inventory and Sales: 1997 and 1992 [For meaning of abbreviations and symbols,see introductory text] Inventory Sales Item - 1997 1992 1997 1992 Horses and ponies farms.. 1 196 1 180 232 274 number.. 9 410 9 017 1 642 693 $1,000.. (X) (X) 3 039 1 497 Mules,burros,and donkeys farms.. 92 87 20 11 number.. 296 297 72 22 $1,000.. (X) (X) 51 15 Colonies of bees farms..• 282 328 13 10 number..i 6 670 7 802 107 256 Honey sold farms.. X) (X 122 123 pounds.. X X 359 008 341 255 Bees and honey sold farms.. X X 129 128 $1,000.. X) (X 327 261 Goats farms.. 238 228 79 80 number.. 2 490 2 986 850 1 405 Angora goats farms.. 12 13 2 6 number.. 88 90 • (D) 10 Mohair sold farms.. (X) (X 6 9 pounds.. X (X 683 441 Angora goats and mohair sold farms.. (X) - (X 6 13 $1,000.. (X) (X (D) (D) Milk goats farms.. 86 77 32 29 number.. 1 090 1 400 (D) 303 Goats milk sold farms.. (X) (X 32 31 gallons.. (X X 57 513 132 253 Milk goats and goats milk sold farms.. (X (X 49 47 $1,000.. (X (X 338 504 Other goats farms.. 177 167 51 55 number.. 1 312 1 496 494 1 092 $1,000.. (X) (X) 27 56 Mink and their pelts farms.. 3 3 2 2 number.. (D) (D) (D) (D) $1,000.. (X) (X) (D) (D) Rabbits and their pelts farms.. 95 128 39 46 number.. 10 247 4 984 13 473 14 574 $1,000.. (X) (X) 288 152 Fish and other aquaculture products sold farms.. (X) (X) 70 13 $1,000.. (X (X) 3 667 855 Other livestock and livestock products farms.. 58 21 27 21 $1,000.. (X) (X) 4 271 6 362 1997 CENSUS OF AGRICULTURE—STATE DATA • MASSACHUSETTS 37 USDA, National Agricultural Statistics Service FREQUENTLY ASKED QUESTIONS ABOUT THE CENSUS OF AGRICULTURE Page 1 of 4 NA 1 U.S.Department of Agriculture 1997 Census Of Agriculture .:. . General Information and ' ` Frequently Asked Questions - 'What is the Census of Improvements in... 0 1 Agriculture? 0 NASS Contacts ;it 410 Who is Responsible... 0 Uses of Data... 0 Confidentiality 0 Legal Authority eAG C,NsUS t SA Scope and Content... Report Forms Guide .4merrca untr on „' Report Forms,Information Sheets, and 3rd Followup Letter Agriculture 1. WHY IS THE CENSUS OF AGRICULTURE NEEDED? 2. WHO USES CENSUS OF AGRICULTURE DATA? JTODAY'S 3. HOW OFTEN IS THE CENSUS OF AGRICULTURE REPORTS] CONDUCTED? [Publications] 4. IS THE INFORMATION ON INDIVIDUAL FARM 'Agricultural OPERATORS KEPT CONFIDENTIAL? Graphics] 5. HOW IS THE CENSUS CONDUCTED? 'Historic Data] 6. WHAT QUESTIONS ARE ASKED IN THE 1997 CENSUS? [Data Search] 7. WHAT CHANGES WERE MADE TO THE REPORT FORMS SINCE THE 1992 CENSUS? 'Agency Information] 8. MUST A FARMER OR RANCHER ANSWER THE [State Offices] CENSUS? 'Census] 9. WHAT IS CONSIDERED A FARM? 'Research." 10. HOW MANY FARMS WERE THERE IN THE LAST [Customer Service] CENSUS? [Other Links] 11. WHEN ARE CENSUS DATA RELEASED? [Coming Events] 12. WHERE CAN YOU FIND CENSUS OF AGRICULTURE DATA? JUSDA HOME] [NASS HOME] WHY IS THE CENSUS OF AGRICULTURE NEEDED? The Census of Agriculture is the most thorough source of data about the structure and activities of the United States' agricultural production. It is the only source of uniform, comprehensive data on agricultural production and operator characteristics for each county, state, and the Nation. Because of the importance of this information, Congress requires USDA's National Agricultural Statistics Service (NASS) to take the Census of Agriculture (Title 7, United States http://www.nass.usda.gov/census/census97/cenfaqs.htm 6/15/99 FREQUENTLY ASKED QUESTIONS ABOUT THE CENSUS OF AGRICULTURE Page 2 of 4 -4- Code). WHO USES CENSUS OF AGRICULTURE DATA? Federal Government policy makers use the Census of Agriculture data in drafting legislation to help resolve agricultural problems. State and local governments use the data for planning rural development, agricultural research, and extension programs. Farm organizations use census data to develop and evaluate programs and policies that affect farmers and ranchers. Farm cooperatives, commodity and trade associations, and agribusinesses use the data to aid in locating new plants and service and distribution centers, allocating research funds, forecasting markets, and making advertising and other marketing decisions that ultimately support farmers and ranchers. For planners and economists, the Census of Agriculture provides benchmark data for current statistical series such as the Gross Domestic Product, Producer Price Index, and Farm Income Accounts that are produced by the US Department of Agriculture and other organizations, such as the Bureau of Labor Statistics and Bureau of Economic Analysis. HOW OFTEN IS THE CENSUS OF AGRICULTURE CONDUCTED? The Census of Agriculture was taken every 10 years from 1840 to 1920 and every 5 years from 1925 to 1974. The law was changed to adjust the data reference years to those ending in 2 and 7,beginning with the 1982 Census of Agriculture. The 1997 census is the Nation's 25th census of agriculture, and the first one conducted by NASS. IS THE INFORMATION ON INDIVIDUAL FARM OPERATORS KEPT CONFIDENTIAL? Yes. Individual farmers and ranchers are guaranteed by law that their individual information will be kept confidential.NASS uses the information only for statistical purposes and publishes data only in tabulated totals. Under Title 7,United States Code,NASS employees are subject to severe penalties if they release data on individual operations. The privacy of individual census records is also protected from disclosure through the Freedom of Information Act. HOW IS THE CENSUS CONDUCTED? Report forms for the 1997 Census of Agriculture are mailed to farm and ranch operators in December 1997 to collect data for the 1997 calendar year. Completed report forms are due from each farmer or rancher by February 2, 1998. WHAT QUESTIONS ARE ASKED IN THE 1997 CENSUS? http://www.nass.usda.gov/census/census97/cenfaqs.htm 6/15/99 FREQUENTLY ASKED QUESTIONS ABOUT THE CENSUS OF AGRICULTURE Page 3 of 4 To minimize respondent burden,NASS limits the items asked on the report forms for all farms to just these basic subjects: land use and ownership, irrigated land, crop acreage and quantities harvested, livestock and poultry, value of products sold, acres set aside under Federal acreage reduction programs,payments for participation in Federal farm programs, the amount received from Commodity Credit Corporation loans, number of hired farm workers, number of injuries and deaths, and operator characteristics. Additionally, 25 percent of the report forms include additional questions on production expenses, fertilizer and chemicals,machinery and equipment, market value of land and buildings, and income from farm-related sources. Report forms are tailored for various parts of the country and are specific to the crops grown in a farmer's particular area. WHAT CHANGES WERE MADE TO THE REPORT FORMS SINCE THE 1992 CENSUS? The 1997 Census of Agriculture asks for information to permit a detailed analysis of the Nation's farms. NASS limited the number of changes to the report form to reduce respondent burden and ensure comparability with previous censuses.New information will be collected on Christmas trees, maple trees tapped, and tractors. Wording changes were made to questions related to poultry, in order to maintain consistency among the census and other NASS surveys. MUST A FARMER OR RANCHER ANSWER THE CENSUS? Yes. United States Law requires all those who receive a census report form to respond even if they did not operate a farm or ranch in 1997. Completed report forms are due February 2, 1998. High quality census data depend on a complete response. WHAT IS CONSIDERED A FARM? For the purpose of the Census of Agriculture, a farm is a place which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during 1997. HOW MANY FARMS WERE THERE IN THE LAST CENSUS? In 1992, the Census of Agriculture counted 1,925,300 farms in the United States, including 1,018,783 with sales of$10,000 or more. WHEN ARE CENSUS DATA RELEASED? NASS will begin release of data starting in the Spring of 1999, on both electronic and print media, with individual advance reports for all counties, States, and the Nation. http://www.nass.usda.gov/census/census97/cenfaqs.htm 6/15/99 FREQUENTLY ASKED QUESTIONS ABOUT THE CENSUS OF AGRICULTURE Page 4 of 4 Ilk A' WHERE CAN YOU FIND CENSUS OF AGRICULTURE DATA? You can find Census of Agriculture data through local NASS State offices,many depositary libraries, universities, and other State government offices. For more information please call NASS Census Division at 1-800-523-3215 or submit electronic mail inquiries by selecting the following link: Census Information Request http://www.nass.usda.gov/census/census97/cenfags.htm 6/15/99 Pe Pe. d- N,ia-4-2E> P.c- , l, -0 - -'d' -- - /// _ •Ga- e fi-i . ,, /0*0141-‘ _7t-tef-r- 0/4d"0- -4, / -_ 2-ast..- ea- 0 0;,4 W 57 4t /(/,*,-- 0,,A/- sT;79P✓/P- _ ‘-o NI ‘ 07--de-z _)l'‘.e ac-r- feL ac- /. 1- 7-,e-. , ___J_)__ . ././.e_V /e-e .,.. _ _ _ _ _ ___ -9_ 7‘e__ __ A.frek*/- y. _ io"? _ _ _ _ .)./ _ __ -#Z7--- . _ Aoei.,0, _ _- % -Tie---- _ ` -,- -. - 1/-60-r- aeesoe _,orea_ Z0,-_-_ ' Asti, _� �7 - /�� -f _ . _ 9 !ad%�/ �✓- / , _ /0_ as _ J �_ *----- --, _- _ � . ��' ,,,,, ;-ri _ - '-- , 6-17- , ,, .1-' --- am ��=�/14; Ze �e� - - � - -z� ��� y. - �- tee_ _7/ eg-r-_7 - / - 4•-"L_ Pl-te_. 4— TI4-Cr o 9R 1.0 PHONE .CALL e �� r lT .� DITIME�� P.MM..FOR M JUL 0I „ , OF d PHONED PHONE li.' S 5 2.- OUR CALL;` AREA CODE NUMBER EXTENSION MESSAGE - EL18! CALL '"- \ Wtt.L CALL W U/Off _ S AC11N i-f- 0 r -& rv0 TD i 5�Yt7U .. 51=E l.e tl. `SIGNED Tniirersar 48003 j . . fig: r .L , ( ,� 1?7 /171 ,7L.' • 02.-Hif c.n ' i f H 1 z ; f i I Date . Hour Ta WHILE YO !MERE OUT .......02.,. jzte..7 Of �— �Phone ‘ / 7 / s! — �/( r Area Code hone Number Telephoned r/Returned Call Left Package Please Call ✓ Was In Please See Me Will Call Again Will Return c Import nt Message (y id "icrAejl.... ‘iettrote._ _,e,47 ` 9 Ae-----ze--741,,_ 4 _ Uet-- 1.- S)" Signed AVERY FORM NO.50-736 INTED IN USA 7 -' 07 r F- y ems. t .� � ' ,°. a.a Viir A. .'/ xPi r y.. y - ' sSi'. k' i 1 F k, 'a9 6 12::s:r1 PEPE t}rrt�fil''E:t ; - • ' • a 13RENDA.TRI • F+ - VICTOR CILLIS , OK'I'O BER FML'�I ?11. 0 1.MAIN STREET WEST B1r1A srABt,E, ��tA 02668 ' - > (508) 367,156 t " -,-,..„ - _ March 1, 192 . Mr. Ralph Crossett t : ` 1uilr.ling Commissioner ,• `! • 1,• Town of Barnstable . ,., a. - . . •• .. , Department of Health, Safety& Environmental' '' ` ; r Building Division . 4' a 36'7 Main Streit - . Hyannis,:Massachusetts 02601 , - i y ' Re Oktober part, 2051 ,\4ain Street,West Barnstable MA '1 r , ' Dear Commissioner Crosser...' +. �• Y g. Stucb vte have not !..et heard further front you in response to my F'ebruar I0'1' letter trespondi.ng to your letter of- cbru€pry 5`') we thought that it might be help;ul to set forth fully it; one letter all of the relevant .facts, tit Mlle hope of persuading you that, indeed. the fain is not in Violation of the zoning by-laws.'in light of Section 3 olChapter 40A,.and to ask yati to rescind the Cease and Desist Order. As a starting point, We note that.the Cease and Desist Order pertains "to only the • I • nding programs for the public area.not associated 1,tiv''1 ~.e �2+irchase of a horse." (Crossett ,' letter dated February 5, 1999,para.3) Ciearil-,then • :n agreement that the use of the property for the raising. keeping and boarding of ho :- .finites a permissible use which is ''tit in violation'of the zoning +y 1'aavgi;8 an . .- • - . r farrntng venture,as deftten in 4 °�.;trot} 3.Chapter 40A of the (-tenet ali,aat s f, - -,t of darn),-our agree Tit. , •3 i. :i; t _•Qtttt is based t pon the spec1u.: wording c�f St:c t•on.3, v.hmt-h qa'es, in pertinent part No zoning ordinance or 'by-law• shall...prohibit, unreasonably regulate or require a , - special putt,for the use of l° :d for the prirriaty purpose of agriculture...; nor prohibit. - unreasonably regulate or ,t -uire a =-ecial: permit for the use, expansion or reconstruction of existing sr; tins the.eon for the primary purpose of agncLitnre.. except that all such activities Sri;- .be ltnnted to ,parcels of more than five acres in an area not zoned for agneulture, . t. G. l.,, c.. 40� , s, 3. a .' 1. A y ( r} .: `3:a\:rN.;S,�+n{sy.MII.Sn.:R'4...,.Mcw_ ,.vi.uY�...w........n• � :,.. �"'.. . y.. a� - � �" ... .. .:.:P,V '�ew4e,:..tea-.ila f..,... -.R', VI f4' ; 14 , rrtpP 13 '•-4,: 1 '.4 3F't`' EF' 1-+1=1 t D P. _ k Mr. Ra1ph Crossen Building Commissioner • March 1..1999 ' Page 2 Additionally, our agreement is based:,upon other statutes of this Commonwealth ., i which further define "agris:ulture"as fo lows ; • "Farming or "agriculture" Emearis]. farming in all of its branches and cultivation ••• - the raising of livestock including horses, the keeping of horses as a commercial r entetpiise, the l eeping or raising cifp6u1try'.•,and other domesticated animals,., ' ' , 0. G. L. c. 111, s. 1 ("Definitions") - t and f Land shall be deemed td be in agricultural use when primarily and directly used in • raising animals, including but not limited.to, •._, poultry, horses, ponies. ... , goats, ••., for `the purpose 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 lie'w or the ptoduc is derived therefrom for market.... •G. L,,c.6 l A.s. 1. Y =1� and . .. • Land not less than five acres' ii areashal; be deemed to be actively devoted to • agricultural "uses u•'hen the gross sales of agricultural products resulting from such ' i,c- uses ,., total not less than five hundred dollars ($500] per year. G.L.c,o1A,s,3, ' Finally, our agreement ii based upon the fact that the farm is in excess of five acres (and in fact is seven acres): Pursuant 44d the 'Town of Barnstable Zoning Ordinances, in the • • t 'kP district where the farm is toeat d, we are permitted to keep, stable and maintain at least twenty-five horses. (Town of Barnstable'Zoning.Ordinances. Sections 3-1.1(2)(b) and 3- 1.4) , i Having, said that,it would appear chat otir disagreement pertains to the role of the • Riding School in relation to thin farm as a whole, and whether a horseback riding school constitutes an `agricui,tural'" use accorded•special treatment pursuant to Section 3 of Chapter •• 40A, We hope to clarify in this letter that not only is the Riding School is incidental to the raising, keeping and boarding or house but, more iipartantly, that a dons hack, riding 4 S *1. f ,. r•ifriP �1 54 t <<44:="°i-F ,'' P,:3 • k F _ Mr.Ralph Crossett Building Commissioner - March l, 1999 :a ' Page school is indeed an "agricultural use accorded special treatment pursuant to Section 3 of • Chapter,4OA: • ' The Primary Purpose of the Farm is the Raising, Keeping and Boarding of Horses The primary function of the farm is the raising, keeping and boarding of horses, At present.'wd raise and keep four horses (tivo of which are niinia ure iorses) of our orvn:'arid ' board''five horses and three ponies, for a total of ten horses and ponies. in connection with the boarding of horses, we are resiionsible for the day-to-day care and maintenance of each horse, including daily turn-out and exercise, feeding, supervision of medical and health u' care, and ensuring that each horse,is properly bedded down each night. Of the horses 'boarded,several are younger horses who are being raised here'at the farm. We also provide • • riding instruction,to many of the owners boarding their horses here at the farm, because they seek;to both'de i°elop and advance their riding skills, which many riders will tell you is a life=la��g process. •Some individuals have pursued riding instruction here and elsewhere in order to detirelq q elenientary riding skills'sufficient to enable them to purchase a horse`of their own. • which is then boarded here at the,farrn, ;For those newer owners who are beginner riders, the Riding School provides them with an opportunity to further advance their riding skills, as well as an opportunity to train the horses ridden to become accustomed to inexperienced , riders. As you may know, horses live anywhere from twenty to thirty years, and do not .. fully mature until somewhere between their tenth and twelfth year, depending upon the -. individual horse, Many of the horses boarded here are under that age, and are still being "raised" indeed. since horses are domesticated animals dependent upon humans for their care and the "raising'process continues throughout their lives ." t Having just opened the farT last year, as yet we have not had tlae pleasure of having , any ot`the horses in ot.r care give birth, although we do hope that•thiis Will happen someday, lie ad ition tp ,raising, keeping;. and boarding horses at the farm, `;I have counseled ,and t`a assisted individuals.with both the purchase and sale of horses, • 1. .Ern t 1 w F: 1 '• t.f t' f-'E E ..:(V-,, P. 4�` Mr.Ralph Crossen Building Comirissioner March', 1999 Page 4 . Ridingjnstruction is Offered Incidentally and as an Accessory to Raising, ice in - and_Boarclin Horses, , , In addition to offering riding instruction to my boarders, I also offer riding • instruction to`ron.boarders, many of whom hope.to obtain sufficient skill to enable them to purchase a horse of their own one day. Riding• School truly The School� is incidental to the farnn's , 'primary fiinetio"i'or raising, keeping and boarding horses, and the'farrn's-rvenues'reflect that, Moreover, unlike some area riding academies, I do not presently advertise in local newspapers,nor in the telephone book. Most advertising comes from word-of-mouth ' .. A review of•the Massachusetts case of Henry v. Board of Appeals of Dunstable. '. Which defines ",incidental" an.d."accessory'uses with�respect to a,g-iYiculturai uses is helpful. a .1 j 418 Mass. 841e• 641` 1.E,2d 1334(1994), f An accessory or"incidental" use is permitted as "necessary, expected or convenient a y; in conjunction with the, principal use of the land." 6 P.J. Ronan, Zoning and Land r.`• . . Use Controls, § 40A.01, at 40 A-3 (1994). . The term "incidental" in zoning bylaws Or ordinances incorporates two concepts. . "It means that the use must not be the primary use of the property but rather one , which is subordinate and minor in significance... But 'incidental', when used to _ define' an accessory use, must also incorporate the concept of reasonable - . relationship with the primaryuse. ,;' i Flenry;-v, Board of Appeals of'Duutstabie,'41$ Mass, At 845, 641 N,E.2d at 1336. ' .. ..v.- •`Certainly the Riding School is an -activity w.hich bears a rcasorrab and-indeed' logical relationship to the raising, keeping and boarding of horses. The Riding School .1 • childrens program has the additional benefit of assuring parents that their child is involved in a wholesome, outdoor educational opportunity, in a supervised environment. Riding also . allows children to experience what was our primary mode of transportation for many , centuries, and to develop an appreciation of our history. Moreover, many parents prefer to allow their child to discover through riding lessons whether the child really is interested in ' 4 riding, as opposed to a passing fad, -This is especially important with •respect to the purchase of a horse, a not-inexpensive proposition in terms of both time and money, As in the Steege case, I raise, keep and board horses of varying ages, both young and older, some of which are sold. Steele v. Board of Appeals of Stow, 26 Mass, App, Ct. 970, 527 N.E.2d 1176 (1988). As part of the trai.nmg of some of,t;n S,ca,. *; , they are - "ridden by students in order that . thetas Say -become ac& sto 'd `to handling by i x• .� z tij t $ • , Ralph Crossen ` F 4 Building Cotninissionel r t March 1, 1999 Page 5 gy -.inexperienced*riders," Id. The.Rtding School is an incidental and accessory use to the- :' 'raising, keeping- aid hoarding of horses and Monies; Henryv, Board of Appeals of Dunst thle 418 Mass. At 845, 641 N.E2d at 1336; Steege v. Board of Appeals of Stow, 26 ,Mass.App. Ct. at 971-2, 527 N.t.2d at.1178. r . Riding School is an Educational and Agricultural Use Howe 'er, riot vithstandi�g the ,sinlilat ty of facts in the Steege case and my farm i operation, the General. Laws of this Commonwealth state that a aiding school is accorded ,, special treatment both as ail educational entity, and as art agricultural use. Please note that - the Department-of Revenue for the Commonwealth has recognized our activities (including , • the Riding School) as agricultural under Chapter 61A, which defines what activities ' constitute an agricultural use, .. 1 However, not only is Section 1'oi Chapter 61A mentioned in the Steege case, but so { t -' is.the statute defining "a, iculttare", Chapter _128. Indeed, in considering whether a riding. • school is an agricultural us; where better to look than the statute which specifically defines . and regulates Agriculture.. As you can see from those portions of Chapter 128 set forth below a riding school is specifically defined us an agricultural use under Chapter 1 28, and is subject to tile rifles and regulations promulgated by the Massachusetts Commissioner o, Food and Agriculture. t t The applicable sections of Chapter 128-are as follows. ' Section -Title `, , _� a , tN'A,,t,'y,... � .... .- -�.,i.!'�+'�ntio{ .t35'.. , ra . L...,, ».. „ ... ry 1x . . "�",, ` . IA Fanning, agriculture,fanner; definitions 2 Powers and duties of department of agriculture • 2A .Horse riding instructorsi.licenses; fees:; validity of license; duplicate -licenses; rules and regulations • 2B Riding Schools 6r stables;license; fee, rules and regulations; penalties 2D , Liability of equine professional and equine activity sponsors ke !,r 0, ai� .L.,.'y# t t , •F.,. r. • +"11'71-1, , , . - .. ,1 g• Mr. Ralph Cr ossen rossezr .Building Commissioner March 1, 1999 Page 6 ' , • W- ' hile ram, enclosing copies of these applicable statutes, I set forth portions of them below; @. Section 1: Definitions. The following words as used in this chapter shall have the followi:tg meanings: 'Commissioner',the commissioner of food and agriculture, "Department", the department of food and agriculture.. "Ridin school operator',, any person inning or having custody of one or more t, - horses which are"let for hire to be ridden or drover, with or without the famishing of riding or, vingitrstruetto,ts, , G . ' ' Section1A.; Farming agriculture, farmer; definitions. , "Farming' or "agriculture" shall include 1'timmmg in all of its branches ... the ' raising of,livestock including horses, the keeping of horses as a commercial enterprise... Section 2A: Horse riding instructors; licenses; fees; validity of license; • _ duplicate l.leenses; rules and regulations. No person shall hold himself out to be a horse tiding instructor for hire without being iiceri ed or such purpose by the co unissioner[of rood and agriculture]. . 1"h 'b rr i i stoner`stroll make e titles and regulations„govet-ritn 1h `ssstt rice and revocation.,of said license, and shall establish the minimum qualifications for the issuance thereof. if the qualifications of an applicant meet or exceed the minimum qualifications established by the commissioner he shall issue such license. Section 213, Riding schools and stables; license; fee; rules and. regulations; penalties. '' , Everyperson engaged in the business or operating a riding school or stable - where horses are kept for hire, shall obtain,a license therefor from the cost~missionet [of rood and agriculturej, the fee for which shall be fifty dollars, and such license shall expire on March thirty-first following the date of issuance, .... The commissioner, subject to the approval of the governor may make rules and regulations governing the issuance „and, „revocaztei:t tf.',s;a,a 4 lli ids` ci the t. l.' "=+°:+ ,i s,,c3• ,1f t P h i ', i.H `fi PC c Mr. Ralph Crosser Building Commissioner March i, 1999 Page 7 . conductin of the businesses so licensed and rylatit e to the maintenance of Elie • ' • i' - • Sremise ,- buildings and conveyances; the health of the horses or other equine ' l. animals,and the method and time of itispection and checking of said animals..,.. Section 2D: Liability of equine professionals and equine activity spans, s, (a)`" For the purposes of this section, the following words shall have the ' following meanings; . , "`Engage in an equine activity"}, riding, training, assisting in veterinary r 'passenger > va trea�rnar<t of,':drivinmounted or-beinga .upon an equine, whether or , > unmounted., visitingor touring or utilizing '- � an equinefacility as part of an organized w• : event or activity, or assisting a participant or show management. The ter '`engage in equine activity" shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate I proximity to the equine activity. :, h tf,quine't, a parse,pony:,mule, or donkey: • "Equine activity", (1) equine sliow$, fairs, competitions, performances, or,parades that involve any or all breeds of equines and any equine disciplines, ' including, but not limited tt, dressage, hunter and jumper horse,shows, grand prix ` ,l ,p g, three-day events,`'combined -training, rodeos, riding, driving pulling, , x cutting, polo, steeplechasing, English and western perfbr nance riding, endurance '.. trail riding, gymkhana games, and hunting; (2) equine training or teaching activities - . t. .... -or both;' (3) boarding` equines;iitctuding'normal daily" care thereof,.'-(rl1•�rrdi'ng, . . ' ° , • fuspectinzg, or evaluating by a purchaser or agent an equine belonging to.another, ..' whether or not the owner has received some monetary consideration or other thing , ' of Value for the use of the equine'Or is permitting a prospective purchaser of the • • equine to ride, inspect or evaluate the equine; (5) rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor;(6)placing or replacing horseshoes or hoof trimming on an ' equine; and (7)providing-or,assisting veterinary treatment. • - "Equine, activity„sponsor"rt ail individual, group, club, partnership, or • , corporation, whether or not-the sponsor is operating for profit or nonprofit, which • sponsors, organizes, or provides the facilities for, an equine activity, including but `, not limited to: pony clubs, 4-H clubs, hunt clubs, ridtn clubs, school and college- ,,,,,t.", •,` 4'eM+, ,,e,,,,, ' . sponsored classes programs and activi,ti s itherapeuttc TidingTrograrr^,s,••tt .ote and � N`.,�, t. % P g . - .,1 IfAk� G}�1� ,"Af ,.,.� ,,,,,mom, �f %4 F6.�'� , .. "', ry • • Mr. Ralph Crossen Building Coganissioner March 1, 1999 r. Page 8 • • • farm owners and operators. instructors,--and promoters of equine facilities, including lout i otlimited to farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held. µ .F"Equine professional",a person engaged for compensation (l) iz instructing a participant 'or x renting to a t artielpant all'equi e for"the - t ores of riding, driving'or being a `passenger upon the equine; (2) in p g� l p g renting ,. • equipment or tack to a participant; (3) to_provide daily care of horses boarded at an equine-facility; or(4)to train an equine. "inherent .. tj r . risks of equine activities dangers s or condition s whichh-are an integral part ofeqtiine activltie , including but no limited to: • ll)'The,propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (2) the unpredictability of an equine's reaction to such things as sounds, sudden-movement, and unfamiliar objects, • persons, or-other animals,'(31 certain hazards such as surface and subsurface . conditions; (4) collisions with other equines or objects; (5) the potential of a to act in , negligent manner that maycontribute to injury to the • participant g �, _ry participant or others, such as failin'g to. maintain control over the animal or not acting>,within his ability. • `l''articioant", any.person, whether *amateur, or professional, who engages in an equine actiVity,whether or riot a fee is paid to participate in siich equine activity. ,s " — _" (b) Except as pro ided ih subsectron`t'O, air equine activity'spon-Sb -,arre.glri'r e • • professional, or any other person, icyhicii shall include a corporation or partnership, • shall not be liable for an injury to or,the death of a,participant resulting from • inherent'risks of equine acltv[ues and.,,except as provided m quhsectton (c), no {; ,participant or participants representative shall make any claim against, maintain an M action against,or recover from an equine activity sponsor, an equine professional, or any ether person for injury,loss, damage, or death of the participant resulting from in any of the inherent risks of equine activities; , (c) 11iis section shall not apply to .ace,meetings as defused. in section one Or chapter one hundred and twenty-eight A • Nothing in subsection (b shall prevent or limit the liability of an equine activity sponsor, an equine professional. or a.n z.'uthorffp4i r{ 4.04,e r4,,4i t ti;kitet nsor. • • � z.w�s•,'.;i w t" O�t'�lba `�PrB"�'Uk.Olt+�s4vro�ckw`a�ri�d� s ` . i'M{r i 'f- t",1' i PEP . ,1 i 4 E,1:- 1 Y• 1 • Mr. Ralph Cros,sen ; Building ( arrun:issioner .March-1, 199 •-, ,age 9 • • I.'. 4. equine proff'ssrona4 • , or per,;•or.-. , • . , •(i) ( i provided the equipment or tack, and knew or should have known that the egttiptnenm.m or tack was faulty; and such equipment or tack was faulty to the extent that it did cause the -injury, +r(i,) provided an equine and failed to make reasonable y ,and prudent Y efforts to determine the abil.ty of the participant to 'n ;age safely in the , 1 <" -„ -e nine' ActiV ty", and' ietei`vitae the'ability of the'Participant to-safely m tag `the , particular equine based on the participant's representations of his ability; . 0 (2) owns leases', rents,' has aitthOri ed- use of, OT is oth rwise in lawful possession and control or the.lap-tit.,or facilities upon which the participant sustained - 'injuries..because of a cdarn Brous latent c riditian which was known to the equine 4 activity sparr;lor, equine professional, or person and for which warning signs, , t plw ruant to subsection(d):have not been conspicutaa.tsly posted; ` .. . .. N (3) corntnits an act or omission that constitutes willful or wanton disregard for • t, 'the safety of the participant, and,tliat actor omission caused the injury; at , w (-4)intOtionafy irautt s the p c.wpant:N (d i ,Eve • e cane professional shall post and maintain signs which contain' • ) t " � fit- , • '• the warning specified in paragraph(2). Such signs shall be placed in a eleaily riic ble It cata��n in the proximity f r,tl1 equine activity, :lie_i�°arrriiig notice , , • pacified i ii ar:agraph (2)shall appe on the sign in black letters,with each letter.to ' i be',a n inirnprn of one inch in height. ' Every written contract entered into 'by an . equine professional for-the- providing-of professional services, instruction, or the - rented sit"egtftlartaerif or tack OF ati'elli in-efa a partitiparit whether onlbt tilt t3:ittdc - • , ; . ' irirole.s eqi.tnc activities on or tiff the location or site of the eclttirze prnfsroraal`s btrsirtcss, shall contain n :.dearly' readable print the warming ;totice specified'in - paragraph,(2), , , (2) The, signs and contracts described in paragraph (1) .shall contain .the following notice: ',: u • WARNING ' • Under Massachusetts law, an equine professional is not liable for injury to, or the death of, a participant in equine activitreS'ris..tilting fr-diriii t Ti berent risks of egnint activities. pursuant to Section 2D of C'h.apter,12S.of the General Laws. , "=y .. . ,;; r:t tip. ' ?yc 4.F11 FEPE h-1 ;'*tw t', • Mr Ralph S,,rosseTl Building Commissioner March-1, 1999 Pa e l • • • • In cIos_ng, we would like to take this opportunity . apo10 izr: to you for bean p t Tito the iniddte of what is essentially an ugly dispute between US and our neighbors, who now seek irnpperly ro manipulate you and your office for their own purposes and ends, " , dpi...,false..pretense of come-Tins:regarding `zoning,-the-historic-nature of-theitreir, the' w•elfate on animals and ch ldx'en. As you know. our neighbors have submitted a defamatoty, libelous and indeed scandalous petition falsely accusing us of va ions things. • This IS particularly hurtful to us because "C`i.ctor, my husband, is a pediatrician, whose professional :repu.tatiott has been,libeled by these false and mean-spirited accusations. i. As you know. none of these false accusations-are relevant to your consideration of • , zoning' issues. TO the extent that these false accusations come under the•jutisdiction of tt i •'.¢ wn depar.'tmetzti they fall wit i t the jurisdiction of the Board of Health. Pleat c note that $F our neighbors have caused the health officer to visit the farm on numerous occasions and riot once have we'been cited lot' ank violation; Indeed, we welcome all town officials.to ' t':sii't e farm,arid to revie i' our eperatiOnS,.,. It is our belief that our neighbors, the Penney's, the ' iasor s and the `l"routmans, arc: me primary instigators orthe defamatory petition, and that some of the persons signing this petition, othcr•thatt them, in tacit were not a=dare;of the accusations set fort therein, and have disclaimed that they intended to,make the accusations set forth therein. It ,semis that • because of other disputes,these netallbors have decided to retaliate against-us in a malicious attempt to shut down the Farm. t w 'ertat Tw 'find iri ��is t a ` :Jedon"v lav� eitheth "euies,�Trottins a�� , ' . Masons ever once voice any of thou'concerns or allegations to as directly or print to this - • neutron Particularly with respect to the M 'sons and Troutmatis, it seertts h pocrit, :f car • their part to try to have the Farris dose down, since our farm predates their purchase of the abutting lots, and they; each were most c;e ainly,akr are that the f rt wtts here. To no claim that it is'a 'nuisance'' is ,sonic, since they could have chosen:to purchase elsewhere had they truly desired not to reside next to a farm.. t , • g it is similarly ironic that they argue that the siiice neighborhood is an historic area, that the-tarm ',11ould be closed, .Evidently, the fact that the farm mid riding school engage and preserve a lifestyle quite in keeping with the I esttile, cu'ture and economy of Cape Cod in by-gone days is being overlooked, Indeed, the Old King's Highway R-egr Etta �5'ori A t_sgcl}s to preserte not only • � r s..J 4404404* • i w :: _ , �+; '»fir,r�w,,r�. �. �-•.. .. i',p 1.?•c'tlPM PEPS i& � � I. . t .12 • Mr. Ralph Crosson { : Building Commissioner ` March 1, 19) Page, I 1 • • the historic ap earance of the area, but; riser lire historic cult'tre and activity of the area.. as. r set forth in Set:titm I, entitled "l,tt.posse":. • z'he purpose of ti:e Act is to prontote the ten wetf re of the inhabitants of' the appiicsrle regional rnettier t s vTts 86 Included, through the protnotiort of the •" educational, cultural.' economic, aeithetlt and literary significance through the .preservation and protection of-buildings', _settirics and pfaces`W'ithirt the houndaries : • or the regiOrial district and tr rohght the•developnrei t and maintenance of appropriate. settings and the exterior app:arance orsiich bctildtnws a►,d places, so as to preser^,•e • • and maintain such regional district as tl conterripetary landmark compatible with s hist ti c ,list ti. literary a:t ae�stla tic 'adiuon of Barnstable County, as it existed in the earl)„,days of cape Cod, and through h prat'tenon of its herita;c.. • 'Old K n 's Hif h s air Regional Historic Distt-ic t Act, Section I. {: • r Addittonallt.,the'Act def"ittes the term.''kenta "as follows: 1-lerCta '' —value in the cuittitat bfe9 afthe past, because of their importance to till ti r- conimurtmty lire of (Thee.Clod, wl}el' rr.e. come dower through the generations to make.u; Our wax of life, This 1- been achieved by means of old buildings, industr yy furniture,utensil; old> happenings and expresitions. They have made the unique salty fla or of Gripe Cod that will never be forgotten but will be preserved for future generations, as a saris of insuring the integration of those qualities into a ' ' ns contemporary `Y4a 'f ' • Old King's Highway Regional Historic District Act, Section What Cohlti be more in keeping witethe herrrage in a;ncrrdance with the purposes the Old . n 0. Highway Regional Historic` District .Act than a working farm, educating todayx's childmns`through:hands-On expedc c ,tiboutbut the care and raising;of t‘tat was once the primary triode'of transportatiorfOlF resldf tits of the i own, of'Barnstable', and the primary ehhood of its tesideiits`' - -• owever, a es the`to n official craned with`et felr=ent of our zoning ordinances, we understand that this is beyond your purview' in this Instance, and recount this only so. • that yoti 'rna yR nave a better understanding qf the motivations of certain persons, tst appreciate that Your co eern', is. solely t%.iaether the Riding School constitute' an "agricultural" use, or an incidental and accessory us-.. •4F ,'s:. )ter wittO S't‘k k+tkktSe, .order Section 3 of Chapter 40A As I hate se forth alb,ke, it is Accordingly, u> respectful*: 1 request that,ou r°es✓otrict the C.ea e.'and k' iq rd'ti:"' +' x' "V,c rV 'pia "* al _1101T% w q �'I41444 • - '1)-.,F 0.-..1 '9 1Z':Y...;CP1'1 PEPE '.'-, .:;14,F,f,',I-1.,., • . . P.„I'3 ,: . ' • : •i • M .i f 5 3 4tS5.r71 4 L.ii1u'ilt?.C1 4.k.fi ft1; g,-OT. a l' { ;. g, `tek'. $ktf cti,I d-kt 4'j. +ir conk ia,lz ativr'. �, 1 ,_ Ls A�t i S=t• It 0.11 } C'.J` .1 N D / • 4. ' 11/kCIOL 4_.1u4y 11.,::„1l, . . .. O t+ 4.4.411. 41 I'J :}?t' 1.,,M 1@• }i . ,5. , " -4, •• t F, 4 i . } ., ' } • • - s i. n # � f • • 4 y ., • } . - _ �r £ < �" ,. • 6 To the Town of Barnstable We the undersigned neighbors and people from the town of Barnstable are very much in favor and support of the operation and activities located at 2051 Main Street, West Barnstable, referred to as Oktober Farms. There is another petition circulating the town to close the farm due to zoning regulations. We protest that. Under MGL. Chapter 128;1A, and 40A;3 that Oktober Farms has the right to function at all its cavities under the law of Farming and is exempt from any zoning regulations. We also have read the allegations against the farm and have seen no evidence of these to be true. (Please see attached Addendum). We are very supportive of the farm in this community for it provides a safe and healthy environment for both children and adults. We recognize your efforts to regulate and protect the Town of Barnstable. Please consider the farm as a positive attribute to West Barnstable, which is historically known as a farming community. Print Name Si ature Address L 1«ul Pc)(J(e, n IA 1c '. ; c.r 2(a ( nf1 KW, (e -�,-,s f��� LES • TR. 0 G� _ 9' Sc� F �t1 • ) , ,r /IdCeM/ �' 7 690e iSMBLe �� CAd Ariz kRIsT,N BER•QSe ' : : G Au..(2., 74-1 'iNDE2 %us L,IV. f.fiRiu t �Sor•.•r �,A. F 161 1651 I4y►A)NK ISO . 14 T-Ag Lb'. t /V�w0 C nsh �► ►1� y`�mm� �l G l vfri/ zzu/ t"la irt ' V tin.3474 1* SS t -� ^� C. �C) k ITN a,r, .5-1- 1A) • a r r� •-, �� /1/( Ig4.41 ✓�UI:lI k -�y�,4 a i e e11 .n1q,')0 s t,() 3 a✓rt0 iteic../.�. n�16`_ 3v5:5 "f.7x:-4iv 57f ��7-•v ��� ,�N 1.,�j Via, 60 a 1-,\c,\`1,S 1 , / kso / Aiiii To the Town of Barnstable We the undersigned neighbors and people from the town of Barnstable are very much in favor and support of the operation and activities located at 2051 Main Street, West Barnstable, referred to as Oktober Farms. There is another petition circulating the town to close the farm due to zoning regulations. We protest that. Under MGL. Chapter 128;1A, and 40A;3 that Oktober Farms has the right to function at all its capacities under the law of Farming and is exempt from any zoning regulations. We also have read the allegations against the farm and have seen no evidence of these to be true. (Please see attached Addendum). We are very supportive of the farm in this community for it provides a safe and healthy environment for both children and adults. We recognize your efforts to regulate and protect the Town of Barnstable. Please consider the farm as a positive attribute to West Barnstable, which is historically known as a farming community. Print Name ature Address VV l',11;t _ ��--�' 2 ; ;1•�,r,,;✓ a G✓ (Sn,ctisr��� J -1 1)1(i1/11, " ' -r MAU '1G ,& . 1 k1A" /./.,, ill c';>l'ii ,ii,i4 /ram/ 1(4, ) "! i /-'—L C. v f/l�s' (� ' �.tiJ - 'Jr�rAS/r��'iG -- iliT �U rre t'i 1'vi.• ,LA NJ tit Wi' 1-A. fit) ;�:ftl 1t-Z ,,`` / �1 rU (�r.rvtr 'Ti'(,.nf1 co +'��0.1r�'1 � �.�r� �G`�L1�1 � • S�.t[Icuif(� ., pp ( � - �/z �/ 7 e �� /9PSSS l7A'rr,,� 1•v/i(';'i� �"�„�`^ /,14/�.f�iC?s�1..�� hc-/�t��.�t C.` �,.j s i,'/.e t/�. �c�fQ �P� ; i ,�,G�d/c. tdr ,. t: :,f-L!�[-i M 1 / I lilt? L.��r/i,J ; 4 7 4.,11 f Lcan 6 jai)li«ll:fll ; ;.a atocu�/ , A 1l,' is. K F n 'd k l' I �r1 Aj. , a Sf&)C Us) V rA,,,.rn-'C<</- 114. .'"dine r>`*, /14yrIs;7 ,- '� �z ,/v( 'd, E/?'. '016/f ._ ,.•jric / r l ' +,�GZrrvule C. /fc.1//reacc >if 2� £' " 2,-,_. A'1 6/al�. �9Jr ('�/fetr4/1i14 v /1-' 1 AL -Aiiwoiliddi To the Town of Barnstable We the undersigned neighbors and people from the town of Barnstable are very much in favor and support of the operation and activities located at 2051 Main Street, West Barnstable, referred to as Oktober Farms. There is another petition circulating the town to close the farm due to zoning regulations. We protest that. Under MGL. Chapter 128;1A, and 40A;3 that Oktober Farms has the right to function at all its capacities under the law of Farming and is exempt from any zoning regulations. We also have read the allegations against the farm and have seen no evidence of these to be true. (Please see attached Addendum). We are very supportive of the farm in this community for it provides a safe and healthy environment for both children and adults. We recognize your efforts to regulate and protect the Town of Barnstable. Please consider the farm as a positive attribute to West Barnstable, which is historically known as a farming community. Print Name Signature Address Srl Lt.� OKu i..) at tl. ,p 54 t j I-4 NO :JT iWisi3'ml'Y0)i..* ‘ L(...44t ...t- ,4 i 1 -Ftv-r if 1 AA 0--.1f 7 1 fit ,Ce. 41,ti&r Ct 1) 134),j (.... l 7/01: 0/11idAL filit (1) JPoi,�1 u e I i ne If6r n ISo Ine ,,,, N nis c t i ffc61;0 n C h S' �q i i/4i , y .p 1 1 1 i [li{ d i 1 Q j C oO f K p iat tit2G (.AI• 6eti.41 Oat 6 S Rlll r I in T,l owe! 'tat/ - 61.4.4A {:,4_s_- (E ' o/ _il i 1 ) � J' n t . : . tasczb ..._ 1Jokx'f (, t Q t l� -�4; ,L. . � ,ctc �Y C- ( c i I xtiu) . j i 1 t, AZ 4iii To the Town of Barnstable We the undersigned neighbors and people from the town of Barnstable are very much in favor and support of the operation and activities located at 2051 Main Street, West Barnstable, referred to as Oktober Farms. There is another petition circulating the town to close the farm due to zoning regulations. We protest that. Under MGL. Chapter 128;1A, and 40A;3 that Oktober Farms has the right to function at all its capacities under the law of Farming and is exempt from any zoning regulations. We also have read the allegations against/the farm and have seen no evidence of these to be true. (Please see attached Addendum). We are very supportive of the farm in this community for it provides a safe and healthy environment for both children and adults. We recognize your efforts to regulate and protect the Town of Barnstable. Please consider the farm as a positive attribute to West Barnstable, which is historically known as a farming community. Print Na a Siena , 4ddress C/.),ru N F)0 Aki6k e i, �r =�'/7 Zak/o/?qq I' 4,),9/z/S . f e-mt zuiN . ` u i t u4i <jZ �' '1 ( - 4). 11 ih -PcAi,NA r tiy,Z%vr/i - 1 e Id C/i cw ( El? C , 15 j Ci h'i7,4 4-1=/?/i w :fiwivs rps,,, G /B who , h(al ) (a.ti '►' fly S G4u v,cL 1 h c. S Aili LL- -ef cs / _ al .0 /UC lvA.il is Ln. kl. --3,,,` (e 1� vim' e1' ' �Q}�4 ,� 'mil /c7 4 nig 1k,( ' �, Paz ?J cS 6))k, ►lIG ._irei0rul 4 i drillred ��A20; N6L-C i , To the Town of Barnstable We the undersigned neighbors and people from the town of Barnstable are very much in favor and support of the operation and activities located at 2051 Main Street, West Barnstable, referred to as Oktober Farms. There is another petition circulating the town to close the farm due to zoning regulations. We protest that. Under MGL. Chapter 128;1A, and 40A;3 that Oktober Farms has the right to function at all its capacities under the law of Farming and is exempt from any zoning regulations. We also have read the allegations against the farm and have seen no evidence of these to be true. (Please see attached Addendum). We are very supportive of the farm in this community for it provides a safe and healthy environment for both children and adults. We recognize your efforts to regulate and protect the Town of Barnstable. Please consider the farm as a positive attribute to West Barnstable, which is historically known as a farming community. Print Name ` - Si tore Address v.«1 I. SU l `'.J a'\ Laa ‘<i,' SAlew rW,J "Vt f ADDENDUM 2/10/99 • This addendum is included to specifically outline my response to the petition against my farm which has been filed with the town. The petition makes request of the town and The Olde Kings Highway Historical Society that it enforce'supposed'Zoning Regulations which would prevent the commercial use of • horses in the area at or about 2051 Main Street, West Barnstable. The petitioners list horse-related commercial activities which they object to. With respect to the complaints of: Conducting riding lessons, horse-leasing, horse-boarding, horse-camp(horse-riding as a summer activity), birthday parties which involve riding and trail riding. The simple answer is that all of these activities,for which I am fully licensed and insured, are exempt from town zoning requirements as described in the body of the attached letter. Accordingly,the petitioners are without any legal foundation from which to base their position. It should be noted,the petitioners state that "...trail riding on 6A and neighbors properties has resulted in an ongoing nuisance and danger to this neighborhood ." This is a false statement on its face. I do not trail ride on 6A and I do not trail ride on any property owned by any petitioner. It should be noted that nuisance complaints or actions resulting from any ordinary farming or agricultural activity is prevented under M.G.L. 111 Sections 1, 125A and 143. "The keeping of horses as a commercial enterprise"is covered under these sections. The petition complains about traffic and parking along the right-of-way. The amount of traffic is only that which would be ordinarily expected to support an exempt agricultural enterprise such as my farm. It is nonsense to suggest that any traffic beyond that allowed by my agricultural zoning exemption would be generated. As to parking, all cars which frequent my farm park on my property. My property includes both sides of the right-of- way. • The petition complains about excessive human,vehicular and animal noise. Horses are extremely quiet animals. Any other noise generated by my farm is only such noise which would ordinarily be expected to occur in such an agricultural enterprise. This farm is bordered by Cape Cod Community College's athletic fields and courts. I can not be held responsible for any noises which emanate from there. The loudest noises now occurring are the construction noises which emanate from the new construction off the right-of-way. The petition claims improper management of animals resulting in roaming of animals on public and private property and subsequent property damage. All horses are kept in tum • - out areas which are fenced, or in stalls in the barn. Rarely, as is to be expected with the keeping of any animal in agricultural use, a horse or two have'escaped'they were then promptly caught and returned to secure areas. I am not aware of any damage having ever been done to property as a result of this extremely rare occurrence. It should be noted,that there have been occurrences in the past in which other horses, having nothing to do with my farm, after escaping from their facilities,do come and go on public and private property. I can not be held responsible for any such other roaming horses. f Petitioners claim improper management of clients resulting in trespassing on foot and on horseback. The only trespassing which I am aware of is the fact that area children trespass on my farm quite regularly. "No trespassing"signs will now be posted along my farms borders to attempt to control this problem. Please take note that there are presently no trespassing complaints on file by any party against me or have ever been previously. If any complaints arrive after your receipt of this letter, and this letter being made public,the circumstances could then speak for themselves. Petitioners claim improper management and disposal of animal waste. I regularly move all animal waste to the farthest back corners of my property in order to respect my neighbors. Animal and waste odors are extremely low on my farm and are completely with-in the stated requirements for exempt agricultural uses as described in the M.G.L. sections listed above and in the body of the attached letter. Nuisance claims based upon manure odors are prevented by Law. Petitioners claim that the animal waste results in" unbearable horseflies". In the many years of agricultural use I have observed only a handful of horseflies. These very large flies are extremely rare and are attracted to any mammal and are not interested in manure or odors at all. There are, of course, swarms of greenhead flies,deerflies, mosquitoes and gnats. These are the same insects which are a problem for the entire northside of Cape Cod and have been for many, many decades or longer. Once again, I do not attract flies to my neighbors homes and any flies which do occur at my farm are with-in the parameters which fall under the description of ordinary agricultural use and are,therefore, protected under law. Petitioners claim improper management of human waste by the statement that clients have defecated in the woods,thereby,creating a health hazard. I am not aware of any client who has defecated in the woods. Although I do encourage clients to see to toilet needs before coming to the farm, I do allow use of my bathroom when needed. In an effort to satisfy my neighbors concerns I will add a portable toilet to my property as soon as possible and not later than June 15, 1999. Petitioners claim verbal abuse by me to others. I deny any such abuse. Finally, petitioners state that"our neighborhood is an historic residential area. We request that it remain so". This is only partly true. My property has been used in agriculture, on and off,for hundreds of years. Before I purchased it more than four years ago, and since then,this property has been inagricultural use.Also,the property under and around the homes of the majority of the petitioners was in agricultural use. The fact is that our neighborhood is a lovely historic area and that my farm fits right into that historic mix. I intend to be a good neighbor even though the other neighbors obviously • feel differently. While they are entitled to their opinions they are not entitled to misuse town offices, or the Olde Kings Highway Historical Society,to violate State Law. I am fully entitled to operate my farm as described under State Law Respectfully submitted, Brenda Cillis MAR—OS-99 14 .28 FROM:PEPE AND HAZARD LLP ID:6178959255 PAGE 1/4 PEPS & HAZARD 150 Federal Street Boston,Massachusetts 02110 Telephone: (617)695-9090 FAX: (61'7) 695-9255 EAf°CT4+TTy 2'1Z�3 rL'�' A _CSZTER SHEET DATE: March .5 1999 TRANSMIT TO• Ralgla_S cz igu Cs llsnlssioxAK PLACE: _ 'down •ng D nart�anen PAX NUMBER: (5081 72D-6230 �. PHONE NO. : (508) 79D-622 RE: _____Oktohe ar �- Ridi�� School Flr �ja Tri 20 _pia n Stre t, 11,___EtaraltablA SENDER: Julja C a Molloy CLIENT NO. : _ 1234-2 TOTAL NUMBER OF PAGES: 41 (INCLUDING COVER SHEET) IF YOU DO NOT RECEIVE ALL CP THESE PAGES, PLEASE QQVIACT L1$ AT ONCE! MESSAGE: PLRA_FIE SEE yTTYCHED_ • rm^'r"c; THE IN20R.MATION TRANSMITTED BY THIS FACSIMILE IS CONAIDL"t7TIAL AND I5 COPIVEYED Y.NDER PRIvt.0 E. IT IS INTE3DFT;. ONLY FOR TIa8 VSS OF THE xAMET RECIPII 4T. IF YOU ARE NOT THE NAMED RECIPIENT OF THIS FkCSIMILE, YOU SHOULD BE AWARE TEAT ANY READING, COPYING OR INSTRIEU"tIOJ: OF TNIS COMIUNICATZOm, OTHER THAN TO THE HAP= RECIPIE!' T. IS STRICTLY FR0FIBITED. IF YCU HAVE RECEIVED TNIS IN ERROR, PLEASE IC1W1234i1./433i$.I IImDIATRLY NOTIFY THE SEI11ER 8Y T£LIPHONE, AND RETURN OE OESTROY THE ORIGIITFL 3.r56p94CMVBI TRANSmIESION WITHODT HARING A u?DY. MAR-05-99 14 .28 FROMPEPE AND HAZARD LLP 10.617895925E PAGE 2/4 PERESIMARD LLP LAW OFFICES 150 FEDERAL STREET 28TH FLOOR BOSTON, MASSACHUSE I 102110-i 745 TULIE C.MOLLOY 617/695-9090 FACSIMILE 617/695-9255 (617)695-9090 jmol loy®pcpehazard.com Via Facsimile March 5, 1999 Mr.Ralph Crosser Building Commissioner Town of Barnstable 367 Main Street Hyannis,MA 02601 Re: Brenda Tri &Victor Cillis Oktober Farm,2051 Main Street,West Barnstable MA Dear Mr. Crosser': Attached please find a January 14, 1998 letter from the Massachusetts Department of Food and Agriculture to the Zoning Board of Appeals for the Town of Barre, addressing the issue of a horse operation. As you can see,this Department cites to both Chapter 128 of the Massachusetts General Laws and the Steege case in reaching its decision that a riding academy is an agricultural use provided with exemption pursuant to Section 3 of Chapter 40A_ Respectfully,I would again ask that you rescind your Cease and Desist Order. If there are any questions,please feel free to contact me. V truly yours, ulieC_Ma Attachment cc: Ruth J. WeiI,Esq. Brenda Tri& Victor Cillis,M_D. BOSTON ixci HARTFORD SOUTHPORT MAR-05-99 14 :29 FROM:PEPE AND HAZARD LLP ID:61799959255 PAGE 3/4 "inn. . . COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS A DEPARTMENT OF FOOD AND AGRICULTURE „— j 100 CAMBRIDGE ST,. BOSTON. MA 02202 6t7-727-3000 FAX 727-7235 January 14, 1998 ARCED PAUL CEU..UCCI VIA FACSIMILE TRUOY Coxr coveraor (978)355-6152 Sccroary Zoning Board of Appeals JONATHAN L.HEALY CAmmis3iodcr Town of Barre Henry-Woods Municipal Building Barre,MA 01005 Re: Glean and Sandra Dubey,467 Loring Road,Barre,MA 01005 M.C.L. Chapter 40A,Section 3 Dear Members of the Zoning Board of Appeals- I wanted to take this opportunity to submit the Massachusetts Department of Food& Agriculture's(the"Department's")position on the Dubey property in your town. The Department finds that the horse operation being conducted at the property by the Dubeys constitutes an agricultural use and accordingly Massachusetts General Laws Chapter 40A,Section 3("IMIGL c. 40A,§ 3")applies. In the nearby Town of Stow,a similar situation arose in 1984 in which the Massachusetts Land Court ruled that the operation of a boarding stable for horses and a riding academy was an agricultural use protected by said MGL e.40A, § 3. On appeal,the Massachusetts Appeals Court af5rmed the ruling of the Land Court,see 1MMitchellt�teege vs.Board of Appeals of Stow,26 Mass.App. CI. 970(1988). Furthermore,the applicable definition of"agriculture"at Massachusetts General Laws,Chapter 128,§ 1 A,was amended in 1995 to include"the keeping of horses as a commercial enterprise." It is my understanding that the Dubey's faun meets this defsnition. Therefore,MGL c.40A§3 applies and the Dubey's current land use does not require a special permit. The Commonwealth's current and historical commitment to supporting agriculture is clearly evidenced in its body of laws. The Constitution establishes"die duty of legislatures and magistrates...to encourage private societies and public institutions, rewards and immunities,for the promotion of agriculture..." (Mass.Coast.Pt.2,c.5,§ 2),and Article 97 of the Amendments to the Constitution declares as a public purpose "the protection of the people in their right to the conservation,development and utilization of the agricultural...resources." These agricultural mandates are restated and amplified in Executive Order 193,which protects lazed in active agricultural use. Further agricultural protections enacted by the Legislature include authorization for the State's Farm Er err Discount Program,Agricultural Incentive Areas,Agricultural Preservation District Program,and Farm Viability Program,and limitations on nuisance actions against forums. Massachusetts has a rich traditiouof protectiog and nrorreotinn the keystone of its founding,agriculture. ,� u Po K"Fax r Note 7671 arse .a jqq 'IP oI, 1 VC;C- Mpl{O C 4,fQC Rwrie x _° b€ 1e-7-3®ao>c Fg " C s — S� P"`4 ____ MAR-06-99 14:29 FROM:PEPE AND HAZARD LLP ID=6176969266 PAGE 4/4 I�HI, r r rL•Qu:!'lt ult: 1 ut t'vvu u,icuvu " • . _ The need to actively foster agriculture is more argent today than it was when any of the provisions listed above were written. Both the number of Massachusetts farms and their acreage axe falling at alarming rates. From July 1997 to July 1998 alone,Massachusetts lost 27 dairy farms,and there are only about 300 such farms remaining today. As farm lands are developed,valuable soils are lost forever,along with open space,family traditions,a sense of community,and ether qualities that make Massachusetts special. While agriculture is a five hundred and thirty million dollar isidusiry in the Commonwealth,and agritourism is a growing source of income for towns,these economic benefits are just as threatened today_ MOL a.40A,§3,one of the many Massachusetts statutes enacted to foster agriculture, explicitly preempts local zoning laws. Therefore,under the Home Rule Amendment to the Massachusetts Constitution,local zoning ordinances or by-laws cannot frustrate its purpose. MCrL c.40A,§3 provides,in part No zoning ordinance or by-law shall ... prohibit,or unreasonably regulate,or require a special permit for the use.expansion or reconstraction of existing structures ... [on land]_--for the primary purpose of agriculture,horticulture, floriculture,or viticulture,including those facilities for the sale of produce,and wine and dairy products,provided that during the months of June,July,August and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee,the majority of such products for sale... have been produced by the owner or lessee of the land on which the facility is located... Statutes like this foster vanishing farms and ways of life and the benefits they bring to communities,the economy and the environment.While localities may,etongistent with this statute,develop interpretations that provide more explicit prOtection to farmers against local regulation than a narrow interpretation of this statute may allow,they cannot decide to offer less. To do sowould be to defeat the very purpose of Chapter 40A, Section 3. I hope this will help you in your review of the legal arguments presented at the hearing conducted on December 2,1998 and the subsequent decision to be rendered by your Board. If you would like to discuss this with Department counsel,please do not hesitate to contact the Department_ Very truly yo Jo L.Mealy mmissioner JL1-Ilmnrtl OCTOBER 16, 1997 Zbe JgarttltabLe patriot PAGE 7 _ Fridays s •is at Okobeir arm. . . r: '441tg , , „ Continued from page 1 on one'spersonal appearance in odh- business of beingyoung. Too often, P g PP jY g .� purs, riding boots and rough tweeds, Brenda notes, chronically ill young- tone of voice that he's meeting one of then the brown-haired, deeply tanned sters are robbed of their childhood. : Brenda's favorites. Bingo, she says, Brenda Cillis image would be looking , •Sharing limitations as well as joy a : has cancer and was supposed to die at you from magazine covers. Still can be a help to all.The Friday events .,„ � .. _ u threeyears ago. another achievement:Ms.Cillis is na are onlyfor the children with •s ecial s. i • fi g P : - � : When she was 17 years old,Brenda tionally ranked as a roller skater. She needs,rather than mingling them with E . • R: : �,; : was diagnosed with a relatively rare trains regularly in Taunton. other healthier children. g; w. p:,,,,,,,,',f i ;ti chronic condition called Triad After New York,Victor and Brenda •Attendance can be flexible. "M ' ' " w s `, .. Y i u a ,,,aSampriss Syndrome, which attacks lived for four years in the Seattle area children,"as Brenda calls them,have 6 1 , parts of the body, including lungs,si- where he practiced pediatrics. They exhausting schedules of hospital treat- b a nuses,bones,stomach and liver.She's still own their small farm near Puget ment and other concerns. Theycome g r had surgeries,chemotherapy,steroids, Sound.But the call and climate of the to Oktober Farm onlywhen theycan • , i k . and one of her knees is metal. The East Coast lured them back,trailering and want to.Nor do their parents have : '':4., i �' disease,she says,is regarded as treat- horses across the country."He's a boat any financial obligation.Care and love itl.:! able but not curable.She's still hoping person and I'm a horse person," says are free on Friday. ? to live to be 100. Brenda.She praises her husband's con- The guiding force is defined by the -`� . a. Although Ms.Cillis is down to about tributions to affairs of the barn(he did founder: "If you have faith you have z' . , Q r one-third of original lung power,some much to build it)and the land.A week- the world." of the other effects of the disease have end ago, Victor was left in charge of Brenda Cillis believes the numberket, .' Q been stren thenin —in terms of will, the stock, while Brenda took the two of chronicallyill or traumatized chi g g �` � � � faith,character and compassion. boys to Washington, where they had dren on the Cape is relatively small, k z 1 • With a grave illness,she says,"You been selected to perform as acolytes in but that there is more need here for ‘, "' a< , Y,4f learn to take care ofyourself and never a service at the National Cathedral. r =� 1- " k places where they can play and learn �, ��,� � � iii,-� ,��, 'd depend totally on anyone else." Be- In pediatric group practice for the than in the larger cities,which offer a s , ,: ' .. ;, „ ,. . sides learning self-reliance. Brendapast fiveyears on the Cape,Dr:Cillis ran a of established facilities. - a , P , g � r A Cillis has added much more knowl- is in the process of opening a solo With two health professionals in- t * edge to her store. office in Yarmouth.He's affiliated with volved, she coins a neW term for the11: , ; V, ', ,,._ ,, - , <' After graduation from college at Massachusetts General and Cape Cod hands-on experience atOktoberFarm: gin;.• : 4,4,” ,, ,,' , ,Skagic Valley in Washington, she Hospitals. It's called "barnyard pediatrics," she " • ;headed east to begin her career as a Besides serving as ring master to says. ;.,, kR 4 1 health professional in New York, a young people and the animals (she's If there's a Fridays child to wham `` ` � ' s place she swiftly learned to love."Ev- also teaching a polo course for boys), you think this kind of experience could • = erything is wonderful...and especially Brenda works in her profession at the bring love and pleasure,call Brenda at BRAD LYNCH PHOTO the food." Falmouth Hospital and the Rehabilita- 362-1562.She generally can find room BY THE BARN—Brenda Cillis and part of her team,including her two sons,surround Chico,the little red horse who, •While a respiratory therapist at Lion Hospital of the Cape and Islands for one more. though a native of the State of Washington,sports what some say looks like maps of Cape Cod on his flanks.From left Lenox Hill Hospital on the Upper East in East Sandwich. These are places are Philip Cillis,Megan Zimmerman,Brenda Cillis,Derek Cross,Stefano Cillis and Kendra Cross. Side,she worked with the chief pedi- where she learned about young people , atric resident Dr. Victor Cillis, a na- who are chronically ill or recovering z, ,. a:.__,— ._Y..__.___._.:�_ tive New Yorker who loves boats and from trauma and whom she has wel- ,,1 the sea."He has web feet,"she says. corned on Fridays at Oktober Farm. They learned about each other The environment that Brenda Cillis through shared concern for a little girl has fashioned out of her own expert- who was a patient and dying of AIDS. ence, knowledge and resources pro- Then there were courtship and mar- vides several ways for Friday's chil- f, riage. dren to find joy in living.Among them: In a health job,Brenda Cillis wasn't •By diversifying their sufferings, ' going to get rich in the city.Her looks children can grow beyond them. and personality landed modeling jobs, •They gain self-reliance and respon- 5 where an hour's work paid the same as sibility.Every one has a chore:'clean- a week's salary in the hospital. The ing stables and tack or feeding and s young woman from Washington state watering the animals,experiences that was modeling fashions by Oscar de la let children know that other beings Renta before she'd ever heard of the depend on them. . a famous designer.If today's standards •The children share memorable ex- for knock-outs in modeling were based periences that are part of the normal r 1.l • 4, 1 a? .9/ t4r4 AI.' • , G e l The &arlStabte �qatriot OCTOBER 16, 1997 PAGE 8 �.. `� �P LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES ' • t ' LEGAL NOTICES TOWN OF BARNSTABLE TOWN OF BARNSTABLE MORTGAGEE'S SALE OF REAL ESTATE MORTGAGEES SALE OF REAL ESTATE CONSERVATION COMMISSION CONSERVATION COMMISSION . • NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING 569 Old Falmouth Road By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Bamstable(Marstons Mills) DELEVAN BARTHOLOMEW and PATRICIA BARTHOLOMEW to BANK OF NEW EN- Acting under the provisions of General Law Acting under the provisions of General Law By virtue and in execution of the Power of Sale contained in a certain mortgaged given by GLAND N.A.,dated March 29,1985,and filed with Bamstable county Registry District of Chapter 131, Section 40, and Chapter 3, Chapter 131, Section 40, and Chapter 3, David L.Rebello and Lisa M.Rebello to First Union Mortgage Corporation dated March 3, the Land Court as Document No.358796 as noted on Certificate of Title No. 100753 of Article XXVII of the general Town of Barn- Article XXVII of the general Town of Barn- 1994 and recorded with Bamstable County Registry of Deeds,at Book 9077.Page 230 of which Mortgage the undersigned is the present Holder by Assignment dated September 17. stable Ordinances,the Conservation Corn- stable Ordinances,the Conservation Corn- which mortgage the undersigned is the present holder for breach of the conditions of said 1996 and filed with said Registry District of the Land Court as Document No.676531,for mission will make a Determination of Appli- mission will make a Determination of Appli- mortgage,and for the purpose of foreclosing the same will be sold at Public Auction on the breach of the conditions in said Mortgage contained and for the purpose of foreclosure,the cability on the application of Susan and Greg cability on the application of School Street mortgaged premises hereinafter described namely - same will be sold at Public Auction on November 6, 1997 at 1:00 PM upon the mortgaged Fox,'17 Sunset Lane,Bamstable,MA02630 Realty Nominee Trust,340 School St.,Co- 569 Old Falmouth Road premises located at 35 Menemsha Lane a/k/a 35 Menemsha Road,Centerville,Massachu- (to construct a single family dwelling,install tuit, MA.to construct a house entirely out- Barnstable(Marstons Mills) . setts,all and singular the real estate described in said Mortgage as follows: septic system,well and utilities)at Map 351 side the 100'buffer zone to wetlands,Map Bamstable County,Massachusetts,on November 18,1997 at 12:00 Noon all and singular NORTHERLY:by the line of Menemsha Lane,one hundred twenty and 47/100(120.47) Parcel 65,4400 Main St.,Bamstable. The 20 Parcel 58-2. The Determination will be premises described in said mortgage as follows: feet;EASTERLY:by a portion of land now or formerly of Charles J.Meyer,one hundred Determination will be considered at the Con- considered at the Conservation Commis- The land,togetherwith any buildings thereon,located at 569 Old Falmouth Road,Bamstable thirty-one and 62/100(131.62)feet;SOUTHERLY:bya portion of Lot 27,one hundred forty servation Commission Meeting on Tuesday, sion Meeting on Tuesday,October28,1997 (Marstons Mills),Bamstable County,Massachusetts bounded and described as follows: three and 91/100(143.91)feet;and WESTERLY:by Lot 28 one hundred twenty-three and October28,1997 at 6:30 P.M.in the Hearing at 6:30 P.M. in the Hearing Room at Town NORTHEASTERLY by land now or formerly of Arata, there measuring three 31/100(123.31)feet. Room at Town Hall,367 Main St.,Hyannis. Hall, 367 Main St., Hyannis. A plan of the hundred forty and 00/100(340.00)feet,more or less; All of the said boundaries are determined by the Court to be located as shown on A plan of the proposed project,DA-97086, proposed project is on file with the Conser- SOUTHEASTERLY by land now or formerly of Heman, there measuring one Subdivision Plan 32898-B(Sheet 2)dated August 9. 1967.drawn by Thomas E.Kelley. is on file with the Conservation Commission. vation Commission. hundred fifty and 00/100(150.00)feet; Surveyor, and filed in the Land Registration Office at Boston,a copy of which is filed in SOUTHWESTERLY by land now,or formerly of Edna M. Macomber there Bamstable county Registry of Deeds in Land Registration Book 292, Page 58, with measuring three hundred forty and 00/100(340.00)feet; Certificate of Title No.37168,and the premises are shown thereon as Lot 29. and There is appurtenant to the premises a right of way over Way"A"and Way"B":as shown Dr.Eric Strauss,Chairman Dr.Eric Strauss,Chairman, NORTHWESTERLY by Old Falmouth Road,there measuring one hundred fifty on said plan in common with all those lawfully entitled thereto as set forth in a stipulation and 00/100(150.00)feet. ' between Charles J.Meyer and Leo A.Childs.Jr.,et al.filed with the papers in Land Court The Bamstable Patriot • The Bamstable Patnot Subject to and to therwith the benefit of easements,rights,rights of way,restrictions and Case No.24654,and registered as Document No.54,421,Bamstable Registry District; October 16, 1997 October 16, 1997 , and there is appurtenant to the premises a right of way over lanes shown on the plan in reservations of record insofar as the same are in full force and applicable, and more particularly as set forth in a deed from Edna M.Macomber to Andrew F.Macomber recorded common with all others entitled thereto. in Bamstable County Registry of Deeds. The premises are subject to the reservations set forth in Documents No.148,470,and No. TOWN OF BARNSTABLE Said premises will be sold subject to any and all unpaid taxes,assessments,betterments and 134,765 insofar as the same are now in force and of effect.The premises are also subject CONSERVATION COMMISSION TOWN OF BARNSTABLE municipal liens,if any there be. to easements andrights granted to the Cape&Vineyard Electric Company et al,as set forth NOTICE OF PUBLIC HEARING CONSERVATION COMMISSION in Document No.124,230.and to the Centerville-Osterville Water District in Document No. Terms:Five Thousand and 00/100($5,000.00)Dollars in cash or certified check at the time NOTICE OF PUBLIC HEARING and place of sale,balance to be paid at the office of ADELSON,GOLDEN&LORIA,P.C., 123,550,all insofar as the same are now in force and of effect. Acting under the provisions of General Law Attorneys for For Mortgagor's title to the premises,refer to the deed of Robert F.Sullivan and Marie B. Chapter 131, Section 40, and Chapter 3, Acting under the provisions of General Law First Union Mortgage Corporation Tripp,filed herewith as Document No.[sic 358795]and Certificate of Title No.[sic 100753]. Article XXVII of the general Town of Barn- Chapter 131, Section 40, and Chapter 3, TWO CENTER PLAZA, SUITE 500, BOSTON, MASSACHUSETTS 02108, within thirty Said premises will be sold subject to and/or with the benefit of any and all restrictions, stable Ordinances,the Conservation Corn- Article XXVII of the general Town of Barn- days of the sale.Other terms,if any to be announced at the sale. easements,improvements,covenants,unpaid taxes,outstanding tax titles,municipal liens mission will make a Determination of Appli- stable Ordinances,the Conservation Corn- and assessments,or claims in the nature of liens,and existing encumbrances of record,if cability on the application of Prince Cove mission will hold a public hearing on the any,which take precedence over the said Mortgage described above. Realty Trust, James Mitchel, Trustee, 20 application of Mary M. Ragosa, 277 West First Union Mortgage Corporation TERMS OF SALE:FIVE THOUSAND AND 00/100($5,000.00)DOLLARS will be required West Emerson St.,Melrose,MA 02176(to Bay Road,Osterville,MA(to construct addi- Present holder of said mortgage to be paid in cash,certified check,bank treasurer's check or cashier's check at the time and construct second story addition over exist- tion to existing single family dwelling,recon- , By its Attorneys place of the sale by the purchaser and the balance of the purchase price shall be paid in cash, ing building)at Map 75 Parcel 4,282 Baxter struct patio, landscape and, if necessary. ADELSON,GOLDEN&LORIA,P.C. certified check,bank treasurer's check or cashier's check within thirty(30)days after the ' ` Neck Rd.,Marstons Mills. The Determina- upgrade septic system)at Map 116.Parcel TWO CENTER PLAZA,SUITE 500° date of sale and shall be deposited in escrow with the Law Office of Patricia M.Trainor,185 '.. ill be considered at the Conservati•" • -•• - eld BOSTON,MASSACHUSETTS 02108 Devonshire Street,Boston,Massachusetts.The deed shall be delivered upon receipt of the ' -• .verse Real Estate,Inc.,Mass.Lic.No. 105 balance of the purchase price. if Other terms to be announced at the sale. MASSACHUSETTS HOUSING FINANCE AGENCY Present Holder of said Mortgage by Its Attorney Patricia M.Trainor Attorney at Law 185 Devonshire Street,Suite 400 Boston,MA 02110 (617)423-9016 tts The Bamstable Patriot October 9,October 16 and October 23. 1997 of MORTGAGEE'S SALE OF REAL ESTATE t) By virtue and in execution of the Power of Sale contained in a certain mortgage given by rt RONALD J. POMYKALA to THE MONEY STORE/MASSACHUSETTS,INC.dated June d 30, 1994 recorded at the Barnstable County Registry of Deeds at Book 9270 Page 115 of :t which mortgage the undersigned is the present holder(pursuant to assignment dated June 30, 1994 recorded at Book 9370 Page 235 at said Registry),for breach of the conditions ' of cairl m.,rf..n..m ar.rf f.,r film r,,,r,,non of fnrmrincinn thA Rama. the mortaaaed premises c7 OSl rYlcY i n 61 . o/ -p 3 1cf3 (0-,ThEks, Town of Barnstable 90 , STA , : Regulatory Services 44D MAr/,� Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 30, 2003 Mr. &Mrs. Victor Cillis 2051 Main Street W. Barnstable,MA 02668 Re: 2051 Main Street,W. Barnstable Dear Mr. &Mrs. Cillis: We have been notified by Paulette Theresa McAuliffe at the accessory affordable housing program that your Amnesty Comprehensive Permit has expired. Therefore, you are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this bef3re you make any changes. If you have any further questions,please call Lois Barry,Division Assistant, at 508 862-4039. Sincerely, Thomas Perry Building Commissioner TP/lb cc: P. McAuliffe CERTIFIED MA1L7002 0510 0003 5436 1887 Q030730c the above listed ��^� �,J �� the averments contained in VA (nut and hereto. and Edge `� paragraphs. at Diam c`��� facilities ent. Her self school and boarding of employment. , 25. The ridingr plaintiff's sole source therapeutic and .� employment are the p crucial therap with and emotionalthwie has also had a benefit she has been strugglingf Vi benefit to her as long term illness. Diamond debilitating. of business x to remove the horses from forced put out 26. If. the•plaintiff is immediately be clients, she will imm Edge Farm, then breach of contract with laced in assortment of claims.Vipot potentially ly exposing ing her to an potentially exp d ►s interactions with ` the plaintiff to consider € bout the course of it has refuseddto completely 27 . Throughout order the defendant Board Htol its current reasonables remove all horses. the board, and draconian measures by capricious, plaintiff's business, 28. Such wanton, shut down the p business, immediately to the plaintiff• - -- � which would arable harm of Barnstable, 433 would constitute hrypBoard of Health Manes ement 2001) • $ ' Mass. 217 ( complaint because the ,' prevail in her comp plaintiff should P osition 29, The Psupport her p ,a' ., � facts and law policy supports the plaintiff's position. •i ',. 30. Public P LY REQUESTS THAT THIS HONORp�gLE WHEREFORE, THE PLAINTIFF RESPECTFULLY COURT: rohibiting the Barnstable of enforcement prohibiting January 30, 2004, (a) Issue ofa stayHe executing removal Board Revocation fro o f Stable License demanding .,$ Edge Farm. because even if- Notice horses athanyons a result of the of the the Diamond plaintiff will suffer far t the defendanting stay,rthe granted; granting the stay is not greater harm if . -65, and Superior Court Rule M.R.C.P. after issuance of a (b) In accordance dul th a•hearing be held c 3 schedule Preliminary Injunction; stay)of)enforeement on a security or the plaintiff of any • any pmyment_ bYamong other reasons, (c) WaiveodR•C•p• . 65(c) because, cannot reason bond under M.R.C.P. of case the defendants bly in show this c or damages that may be incurred or any' costs 6 era 1:20CTiv101U 76c-( 9904 v--ct c?U' 12 V if CL a 4 ' Cat u-.p , v'k. case��.�,:�. P Ga e/�� fe Nature and Description of Request to Zoning Board of Appeals The Applicants,Brenda Tri and Victor Cillis,M.D., appeal a Cease and Desist Order issued by the Building Commissioner on February 5, 1999, pursuant to which the Building Commissioner stated that they "must Cease and Desist the use of your property as a commercial riding academy at once." (See Exhibit A) As set forth in the attached Memorandum (see Exhibit B) fully outlining this matter, this order violates Section 3 of Chapter 40A and Section 2-4.1(3) of the Town of Barnstable Zoning Ordinances, both of which specifically permit agricultural uses. As set forth in Exhibit B, the property is a farm used primarily for the raising, keeping and boarding of horses, incidental and accessory to which horseback riding lessons are offered. This use (both raising, keeping and boarding horses, and offering horseback riding lessons) constitutes an agriculture use as defined in both Section 2-4.1(3)of the Town of Barnstable Zoning Ordinances, Section 3 of Chapter 40A of the General Laws, and various other state statutes,including: Chapter 61A, Section 1 (see Exhibit B(1)) Chapter 111, Sections 1, 155, 158 ((see Exhibit B(2)) Chapter 128, Sections 1, 1A, 2, 2A, 2B,2D (see Exhibit B(3)) Accordingly,while the Applicants specifically reserve their rights as to whether they are required to abide by this Cease and Desist Order or to seek review from this Zoning Board of Appeals, the Applicants hereby request that this Zoning Board of Appeals overturn and rescind this Cease and Desist Order. , PEPESIIAZARD_LLP LAW OFFICES ,2D5/ ern S7/ /<) 150 FEDERAL STREET, 28TH FLOOR BOSTON, MASSACHUSETTS 021 1 0-1 745 JULIE C. MOLLOY 617/695-9090 FACSIMILE 617/695-9255 (617)695-9090 jmolloy@pepehazard.com March 10, 1999 Mr. Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 re: March 5, 1999 letter Dear Mr. Crossen: Thank you for your letter of March 5, 1999. For the record, I point out that my client disagrees with your characterization in that letter that the riding of horses "for money" is "unrelated to the main operation." As set forth in the attached appeal, a copy of which is provided for your file, and which was filed on Monday, March 8, 1999, the offering of riding instruction and riding is a permissible agricultural use, as well as a permissible incidental and accessory use to the primary operation of the farm, which is the raising, keeping and boarding of horses, pursuant to the General Laws of the Commonwealth, including: c. 40A, §3; c. 61A, §1; c. 111, §1; c. 128, §§1A, 2, 2A, 2B, and 2D. Thank you for your attention in this matter. Ver truly yours, IFF/ /ulie C. Moll y Enclosure cc: Brenda Tri & Victor M. Cillis, M.D. • • ....,•mow BOSTON IH HARTFORD jai SOUTHPORT PEPERHAZARD LLP CO Py LAW OFFICES 150 FEDERAL STREET, 28TH FLOOR BOSTON, MASSACHUSETTS 021 1 0-1 745 617/695-9090 FACSIMILE 617/695-9255 March 8, 1999 Hand Delivery Town Clerk Zoning Board of Appeals Town of Barnstable Town of Barnstable 367 Main Street 367 Main Street Hyannis, MA 02601 Hyannis, MA 02601 Re: Appeal of Brenda Tri and Victor Cillis, M.D. of Cease & Desist Order of Building Commissioner Issued February 5, 1999 Dear Sir or Madam: Enclosed for filing please find three copies of an appeal package relative to the above-captioned matter, one for the Town Clerk, and two copies for the Zoning Board of Appeals. If there are any questions, please do not hesitate to contact me. Very truly yours, Julie C. Molloy Enclosures cc: Brenda Tri & Victor Cillis, M.D. BOSTON I1 HARTFORD IH SOUTHPORT V 1 THEBEEN D ZONING ETERMINED RELIEF BEING SOUGHT HA,? By THE ZONING ENFORCEMENT'OFFICER TO BE APPROPRIATE RELIEF G OF BARntBTABir CIRCUMSTA.yCEe N• SE Zoning Hoard of•Appealb . Appl�.catiog for Other Powers Date Received . • For off joe_use wan Town clerk Office •Appeal O. �— • -searing Date • .Decision PRO • The undersigned hereby applies to the zoning• Board of Appeals for the reaaonn indicated: • . Applicant Names Brenda Trj_Ana v; r+•.,r r; , , ; , Phone ( 508.1_362,-15Fi2 Applicant Addresas 2051 Main Street, Le +: Rarrc+abler• MA natir Property Locations SAXIP This is a request for: [] Enforcement Action 01 Appeal of Administrative officials DecieiOn . [] Repetitive petitions - ' [] Appeal from the Zoning Administrator [) other General powers .-.Please specify: _ - Plense Provide the Following Information (as. applicable): Property Owner: same a a_ •, Phone Address of owner: -see abov Xf•applicant differs from owner, state'nature of interest: Assessor's Map/Parcel Number '• - Zoning District • , RF • Groundwater overlay District • which section(0) of the zoning ordinance and/or of MOL chapter 40A are you , ' appealing to the Zoning Boar Appeals? - • ..-- a Existing Level of Development oZ the Property r Number of Buildings: 3 Bq' ft. present Oae(B)s ' 122s ' . Grose Floor Areas .. E d 88Z9 06L 805 ON XVd n� 101 '9KINNVTd 'a1HVLSN VH Yid H:6 ZVS 66-9 —NI • Application for Other PoWerq - . ., Nature i Description of Request: -4-.2-2-L-6U1-* 11X 0,�� Attached separate 'Mimi if needed. Is the property located in an Historic District? ' • YOU (X] No: [] If yea O B Una ogle: Play Review Number Date Approved • - - - _ • Is the building a designated Historic Landmark? Yes I NA XIX It yes is i Prose tion De ar nt use onl : . Date Approved Has a building permit been applied for? • • Yea (] No 14 Has the Building Inspector refused a permit? Yea [] No I /� Has the property been before Site plan Review?. Yea [] No Ed • _ For_ 3il4jfS_Department Use only: • Not Required - single Family El - 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 etanding before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documenta to assist the Boar making its determination. • signature: Date: 3/8/9 9 A 2tcant or Age 'a Si attires • Agent•S Address:. . Pepe & Hazard LL phone; (617) 695090 156 Federal Street Pax No. (617) 695-9255 - BOston, MA. 02110 — i 'd 9E9 06L 80S '0N XVd d3Q 'ONINNV1d 'HTHV,LSNBVH Yid SE:E 1,VS 66-9 -BVYi • Notice For Public Hearing •• . The following are the most recent names, •mailing addresses and . corresponding Assessor's Map & Parcel Numbers of the abutting property : owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within'three hundzed. (300) feet of the property lines of the subject property. • Assessor's • Map & Parcel Number Owner's Name Address • • • • • • * NOTICE * • • Upon submission of application, it is required• that • all facts and documentation necessary to support• the relief being sought • be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. • • • 5 d 8E9 06L 80S '0N XVd 1,d8Q •9NINNV'Id •a'IHVI,SNBVH Yid 58:E 1,VS 66-9 -EVW A 1 ,4s,_ The Town ®f !:�arnstab1e fe BARNSPABLE, • a'�; ��' Department of Health Safety and Environmental Services A'FD '' 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. g990205a B �. B MEMORANDUM TO: Zoning Board of Appeals Town of Barnstable FROM: Julie C. Molloy, Esq. Attorney for Applicants, Brenda Tri & Victor Cillis,M.D. DATE: March 8, 1999 RE: Appeal of Building Commissioner's Cease & Desist Order Dated February 5, 1999, re: 2051 Main Street,West Barnstable As set forth in the Applicant's application, the Applicants request that this Zoning Board of Appeals overturn and rescind a Cease and Desist Order issued by the Town of Barnstable Building Commissioner on February 5, 1999.1 As grounds for this request, the Applicants state that all uses of the property(including the horseback riding lessons offered on the premises),which is hereinafter referred to as the "Farm", constitute agricultural uses specifically permitted by Section 2-4.1(3) of the Town of Barnstable Zoning Ordinances and Section 3 of Chapter 40A of the Massachusetts General Laws. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176 (1988) (the purchase, raising, stabling and training of equines2, including training of the equines through operation of the riding school and participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used in c. 40A, §3) (see Exhibit 4) Applicants note at the outset that the Building Commissioner agrees that the raising, keeping and boarding of equines is a permissible and exempt agricultural use under Section 3 of Chapter 40A because the Applicants' Farm is greater than five (5) acres (and indeed is seven(7) acres), and that the Cease and Desist Order(and alleged violations of the Town of Barnstable Zoning Ordinances)pertains only to the offering of horseback riding lessons to the public. Applicants' factual and legal support for their position are set forth in the pages that follow. 1 Applicants submit this appeal under protest, on the grounds that because the operation of the riding school is an agricultural use and, therefore exempt from the proscriptions of the Town of Barnstable's zoning ordinance prohibiting commercial activities in residential areas. G. L. c. 40A, s. 3; G. L. c. 128, ss. 1, 1A, 2A, 2B, and 2D; see also Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176, 1177(1988). 2"Equine"is used herein as defined in Section 2D of Chapter 128,which states that"equine"means"a horse,pony,mule or donkey." G.L.c. 128,s.2D(a). I. Facts The Primary Purpose of the Farm is the Raising, Keeping and Boarding of Equines The primary function of the Farm is the raising, keeping and boarding of equines. At present, the Applicants are raising and keeping equines of their own(two horses and two miniature horses), and board and train five horses and three ponies, for a total of ten equines. In connection with the boarding of equines, Applicants are responsible for the day-to-day care and maintenance of each equine, including daily turn-out and exercise, feeding, supervision of medical and health care, and ensuring that each equine is properly bedded down each night. Of the equines boarded, several are younger equines who are being raised here at the farm. Applicants also provide riding instruction to many of the owners boarding their equines here at the Farm,because they seek to both develop and advance their riding skills and that of their equines, which many riders will tell you is a life-long process. Some individuals have pursued riding instruction here and elsewhere in order to develop elementary riding skills sufficient to enable them to purchase an equine of their own, which is then boarded here at the Farm. For those newer owners who are beginner riders, the Riding School not only provides them with an opportunity to further advance their riding skills, but also an opportunity to train the equines ridden to become accustomed to inexperienced riders. Horses live anywhere from twenty to thirty years, and do not fully mature until somewhere between their tenth and twelfth year, depending upon the individual. Many of the equines boarded here are under that age, and are still being raised. Indeed, since equines are domesticated animals dependent upon humans for their care and well-being, the raising of equines is a life-long task. Having just opened their farm recently, as yet none of the equines in their care have given birth at Applicants' Farm, although they certainly do hope that this will happen someday. In addition to raising, keeping and boarding equines at the farm, Applicants have counseled and assisted individuals with both the purchase and sale of equines. Riding Instruction is Offered Incidentally and as an Accessory to Raising, Keeping and Boarding Equines. In addition to offering riding instruction to boarders, Applicants also offer riding instruction to non-boarders, many of whom hope to obtain sufficient skills to enable them to purchase a horse or pony of their own one day. The riding instruction offered at the Farm by the Applicants is incidental to the Farm's primary function of raising, keeping and boarding equines, and the Farm's revenues reflect that. Moreover, unlike some area riding academies, the Applicants do not presently advertise in local newspapers, nor in the telephone book. Most advertising comes from word-of-mouth. II. Law State Zoning Act Permits Agriculture and Limits Cities' and Towns' Authority to Restrict Agricultural Uses of Land Where Parcel Exceed Five Acres. The cities and towns of the Commonwealth are permitted to enact zoning by-laws and ordinances pursuant to and in accordance with the limitations set forth in Chapter 40A of the General Laws. Section 3 of Chapter 40A specifically limits the ability and authority of cities and towns to prohibit and/or regulate certain activities, including land for which the primary purpose and use is agriculture, where the land so used is more than five acres in size. Specifically, Section 3 of Chapter 40A states (in pertinent part): No zoning ordinance or by-law shall prohibit or unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture...; nor prohibit, unreasonably regulate or require a special permit for the use, expansion or reconstruction of existing structures thereon for the primary purpose of agriculture ..; except that all such activities may be limited to parcels of more than five acres in an area not zoned for agriculture. ... G. L. c. 40A, s. 3. The Town of Barnstable Permits Agricultural Uses in All Zoning Districts, Without Limitation as to the Size of the Parcel of Land. The Town of Barnstable Zoning Ordinances are more generous than the state statute, allowing agricultural uses in all zoning districts, without any limitation as to the acreage needed for such uses: The following uses and structures are permitted in all zoning districts: 1. Church and other religious use. 2. Educational use (public, sectarian, religious, denominational). 3. Agricultural, horticultural or floricultural use, including farms and the growing of fruits,vegetables or other produce,the maintenance of a greenhouse or nursery and the sale on the premises of produce grown on the premises. 4. Municipal or water supply use. 5. Municipal recreation use, including recreational activities conducted on town-owned land under the terms of a lease approved by Town Council. In the case of such a lease, any improvements or changes to such town-owned land shall be subject to the approval of a committee of five (5) residents appointed by the Town Manager, at least two (2)of whom shall be from the precinct in which the land is located. Town of Barnstable Zoning Ordinances, Section 2-4.1 (emphasis added). Accordingly, while the Town does not require, as does the state statute, that an agricultural use is only protected if the parcel of land in question exceed five acres, the Applicants nonetheless meet this state criteria as their farm has more than five acres. Applicants acknowledge that the Town of Barnstable has the authority to regulate, and indeed does regulate, the number of equines permitted in its Zoning Ordinances. Town of Barnstable Zoning Ordinances, in the RF district where the farm is located, we are permitted to keep, stable and maintain at least twenty-five horses. (Town of Barnstable Zoning Ordinances, Sections 3-1.1(2)(b) and 3-1.4) Applicants are in compliance with these limitations, having only ten (10) equines on their seven-acre Farm, and further state that in accordance with the Town's Ordinances, they are permitted to have up to at least twenty-five (25) equines on their Farm. Town of Barnstable Zoning Ordinances, in the RF district where the farm is located, we are permitted to keep, stable and maintain at least twenty-five horses. (Town of Barnstable Zoning Ordinances, Sections 3-1.1(2)(b) and 3-1.4) Offering Horseback Riding Lessons is Incidental and Accessory to the Farm's • Primary Activity of Raising, Keeping and Boarding Equines The highest court in this state, the Supreme Judicial Court, decided in a recent (1994) case regarding the agricultural exemption to the state Zoning Act that "uses which are 'incidental' to a permissible agricultural activity fall within the agricultural exemption of Zoning Act. Henry v. Board of Appeals of Dunstable, 418 Mass. 841, 844, 641 N.E.2d 1334, 1336 (1994) see Exhibit 6). A use is accessory or incidental to a exempt agricultural use where it is: "necessary, expected or convenient in conjunction with the principal use of the land." 6 P.J. Rohan, Zoning and Land Use Controls, §40A.01, at 40 A-3 (1994). The term "incidental" in zoning by-laws or ordinances incorporates two concepts: "It means that the use must not be the primary use of the property but rather one which is subordinate and minor in significance... But'incidental',when used to define an accessory use, must also incorporate the concept of reasonable relationship with the primary use. Henry v. Board of Appeals of Dunstable, 418 Mass. at 845, 641 N.E.2d at 1336 (Exhibit 6). Indeed, the Massachusetts Appeals Court in 1988 ruled that offering riding instruction at a farm primarily engaged in the raising, keeping and boarding of equines is a permissible incidental and accessory use of an exempt and permissible agricultural use under the state's Zoning Act. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176 (1988) (see Exhibit 4). In reaching this conclusion, the Appeals Court affirmed the trial court's determination that ...the purchase and raising of horses, their stabling, training through the operation of the riding school, and their participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used in c. 40A, s. 3. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. at 972, 527 N.E.2d at 1178 (emphasis added) (Exhibit 4). Certainly offering horseback riding instruction is an activity which bears a reasonable,rational and indeed logical relationship to the raising, keeping and boarding of equines, not only under state law, but also in accordance with good plain common sense. Since it is common, and indeed usual, even for experienced riders to pursue riding instruction on a long-term basis,riding lessons are a "part of the whole" of raising, keeping and boarding of equines. The program for children also has the additional benefit of assuring parents that their child is engaged in a wholesome,healthy, outdoor activity, which has the added benefit of educating them to the care and training of animals and learning about what life must have been like for early settlers of this area, and transportation modes long before the automobile took over our roads. As in the Steege case, the Applicants raise, keep and board equines of varying ages, both young and older, and have also bought and sold equines, and assisted their clients in doing so. As part of the training of both the equines and humans, inexperienced riders ride various horses, in order have the horses become accustomed to inexperienced riders, and vice versa.3 Hopefully, this will lead to the purchase and sale of more horses, some by riders at the Applicants' Farm (who will hopefully then seek to board their horses there,bringing more revenue to the Applicants). Moreover, many parents prefer to allow their child to discover through riding lessons whether the child really is interested in riding, as opposed to a passing fad. This is especially important with respect to the purchase of a horse, a not-inexpensive proposition in terms of both time and money. Offering Riding Lessons is an Agricultural Use Moreover, the simple fact that a riding school could be operated separately from a farm engaged the raising, keeping, and boarding of horses, and might thereby be deemed a prohibited commercial use4, does not mean that in this instance a riding school operated in conjunction with a farm engaged in the raising, keeping and boarding of horses is anything other than incidental and accessory to the agricultural use of the Farm. Indeed, such an interpretation violates the Legislature's intention in creating an exemption for agricultural uses under the state's Zoning Enabling Act, and would impermissibly permit a city or town to 'exercise its preference'as to what kind of[agricultural] uses 'it will welcome,'... or'to impose special permit requirements...on legitimate [agricultural] uses which have been expressly authorized to exist as of right in any zone. Commissioner of Code Inspection of Worcester v. Worcester Dynamy, Inc., Mass. App. Ct. , 413 N.E.2d 1151 at 1153 (1980). (see Exhibit 5) In considering whether an activity falls within the definition of"agricultural use", the Appeals Court has also held that simply because one aspect of an agricultural use would, if exercised or operated separate and apart from a farm, constitute an industrial use properly prohibited under zoning ordinances, this does not mean that that use is prohibited if done in conjunction with a permissible agricultural use. Modern Continental 3 To interpret the Steege case to mean that riding instruction is exempt only where inexperienced riders train equines who are not accustomed to inexperienced young riders requires the bizarre,preposterous and untenable assumption that any such riding school deliberately puts its inexperienced riders at the unconscionable and irresponsible risk of very serious bodily injury,including death and paralysis on a day- to-day basis,making the training of the horses a higher priority than the safety and well-being of human beings above that of the riders. Such an interpretation is unfounded,invalid and, indeed, irresponsible. Similarly,to read the Steege case as requiring the riders to purchase the equines they have trained,or that in order to fall within the exemption that every rider have the specific intention of purchasing an equine,is also unfounded. Nowhere in the Steege case are there any statements requiring either proposition. Steege v.Board of Appeals of Stow,26 Mass.App. Ct. at 972,527 N.E.2d at 1178. (Exhibit 4) 4 Although,as the Board will see,the definitions of agriculture set forth in the General Laws expressly include a riding school as an agricultural use. Since the Town of Barnstable Zoning Ordinances do not define the term"agriculture",one must look to state statutes for their definition of the term. Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. 901, 674 N.E.2d 247 (1997) (see Exhibit 7). In this case, the plaintiff Modern Continental owned and operated • a 110 acre farm, for the production and sale of fruit, vegetables, herbs, and livestock, including ostrich, deer, lamb, calves, sheep, goats, chicken, pheasant, peacock, and rabbits. Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 901, 674 N.E.2d at 247 (Exhibit 7). In 1993, Modern Continental decided that rather than sending its meat and poultry animals off-premises for slaughtering and processing, that it wished to construct a facility to do so on the premises, and received approval from the U.S. Department of Agriculture to do so. Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 901, 674 N.E.2d at 247 (Exhibit 7). After Modern Continental applied for a building permit to the Building Inspector for the Town of Natick, the Building Inspector denied its application, stating that "a 'slaughterhouse does not comply' with the [Town's] zoning by-law." Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). The Appeals Court found that the Building Inspector's denial was invalid and violated the agricultural exemption to the state's Zoning Enabling Act, G. L. c. 40A, s. 3, stating that: The fact that an activity, such as slaughtering [of pigs], can become an industrial or business use when removed from an agricultural setting does not mean that activity cannot be primarily agricultural in purpose when it has a reasonable or necessary relation to an agricultural activity when conducted at the locus. 41111 Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). In reaching this conclusion, the Appeals Court pointed out that "the [term] 'agricultural use' exemption has been interpreted broadly by appellate courts" and determined that it was appropriate and necessary to look to the various state statutes defining the term "agriculture", including G. L. c. 61A, s. 1, G. L. c. 111, s. 1 and G. L. c. 128, s. 1A, as well as dictionaries. Modern Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). Specifically with respect to slaughterhouses, the Appeals Court held that: • [the state's statutes and dictionaries] include within their definitions the definition of preparing animals for market. ... it[is] reasonable to regard the slaughter of animals as a normal and customary part of preparing them for market. It then follows from the acceptably broad definitions of the word 'agriculture'that a slaughterhouse used for the butchery of animals raised[and kept]on the premises is primarily agricultural in purpose. Modem Continental Construction Co. v. Building Inspector of Natick, 42 Mass. App. Ct. at 902, 674 N.E.2d at 248 (Exhibit 7). Here, however, not only is offering horseback riding lessons permitted as an agricultural use because it falls,by implication,within the broad definition of the word 'agriculture', but also because the statutes of this Commonwealth specifically include operation of a riding school and the "keeping of horses as a commercial enterprise", as set forth below: Chapter 61A("Taxation of Agricultural Lands"), Section 1 ("When Land Deemed to be in Agricultural Use."). (See Exhibit 1) 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. Chapter 111 ("Public Health"), Section 1 ("Definitions"). (See Exhibit 2) The following words as used in this chapter, unless different meaning is required by the context or is specifically prescribed, shall have the following meanings: "Farming" or"agriculture", farming in all of its branches and cultivation and tillage of 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, keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for farm purposes, bees, fur-bearing animals, and any practices, including forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture o[r]farming as herein defined on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or market or to carriers for transportation to market. • Chapter 128 ("Agriculture"), Section 1A("Farming and Agriculture Defined") (See Exhibit 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 or 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 o[r] farming as herein defined on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or market or to carriers for transportation to market. Moreover, riding schools and riding instructors are subject to licensing requirements and regulation by the Massachusetts Department of Agriculture, under the state statute defining and regulating agriculture: Chapter 128, Section 2B ("Horse Riding Instructors to Be Licensed; Fees; etc.") (Exhibit 3) The commissioner[of agriculture] shall make rules and regulations governing the issuance and revocation of said license, and shall establish the minimum qualifications for the issuance thereof. If the qualifications of an applicant meet or exceed the minimum qualifications established by the commissioner he shall issue such license. Chapter 128, Section 2B ("Riding schools and stables; license; fee; rules and regulations; • penalties") (Exhibit 3). Every person engaged in the business of operating a riding school or stable where horses are kept for hire, shall obtain a license therefor from the commissioner[of food and agriculture], .... The Commissioner, subject to the approval of the governor may make rules and regulations governing the issuance and revocation of such licenses and the conducting of the businesses so licensed and relative to the maintenance of the premises, buildings and conveyances, the health of the horses and other equine animals, and the method and time of inspection and checking of said animals. ... Section 2D of Chapter 128 limits the liability of equine sponsors, and a copy of that statute is also enclosed in Exhibit 3. Accordingly,by looking at the statutory definitions of agriculture, it is clear that horseback riding schools are clearly included within the definition of agriculture, in Chapters 61A, 111 and 128. Each of these chapters of the General Laws are cited by both the Supreme Judicial Court and the Appeals Court of Massachusetts in the cases where those courts have looked to the state statutes in deciding whether a particular activity constitutes an "agricultural" use. Furthermore, the Massachusetts Department of Revenue recognizes the Applicants' Farm and all of its activities (including the Riding School) as agricultural under Chapter 61A, and taxes it as such. Therefore, the Building Commissioner's Cease and Desist Order was improperly issued to the Applicants, • because their riding school program is an exempt agricultural use. CONCLUSION • In conclusion, the Applicants' use of the Farm for both the raising, keeping, boarding of horses, and offering of horseback riding instructions through the Riding School constitute an exempt agricultural use under both state's Zoning Enabling Act, Section 3 of Chapter 40A, and under the Town of Barnstable Zoning Ordinances, Section 2-4.1(3). Additionally, the Farm is located within the Old King's Highway Historic District, which was created by the Old King's Highway Regional Historic Act, the purpose of which was and is to preserve not only the historic appearance of the area,but also the historic culture and activity including economic activities such as farming, "as [they] existed in the early days of Cape Cod. See Old King's Highway Regional Historic Act, Sections 1 and 3. Additionally, the Act defines the term "Heritage" as follows: "Heritage"—value in the cultural life of the past, because of their importance to the community life of Cape Cod, which have come down through the generations to make up our way of life. This has been achieved by means of old buildings, industry, furniture, utensils, old happenings and expressions. They have made the unique salty flavor of Cape Cod that will never be forgotten but will be preserved for future generations, as a means of insuring the integration of those qualities into a contemporary way of living. Old King's Highway Regional Historic District Act, Section 3. What could be more in keeping with the heritage in accordance with the purposes of the Old King's Highway Regional Historic District Act than a working farm, educating today's children, through hands-on experience, about the care and raising of what was once the primary mode of transportation of residents of the Town of Barnstable, and the primary livelihood of its residents? However, as the town board charged with enforcement of our zoning ordinances, the only relevant considerations are whether the horseback riding lessons offered through the Farm's Riding School constitutes an agricultural use, or are an incidental an accessory use of an agricultural activity, which, as set forth above, it unquestionably is. Accordingly, Applicants Brenda Tri and Victor Cillis, M.D. hereby request that this Zoning Board of Appeals overturn and rescind the Cease and Desist Order issued by the Building Commissioner on February 5, 1999. • I I „ .', r ''s s y,§.. r r ,f4: w� C n_4 1 , 'Y ' 3 1 rib h t e+� so r ,_ l„x '' - l j'''-, ' 'x',� i l 6' 'ts y.LkfQY' k m .fir r .�. 'h.`;-,w°. ,q7#ts, w. 'g .t ”' xVrr tc `MAl y '.,gym, `ifi!6e 'tom . ;fj,� $ °$: ._ , ..x.'Ar ! s r ..0'A.r��-sud��3 k•�-�. t A3i ,f,`�. �' ,'' C. 61A ANNOTATED LAWS OF MASSACHUSETTS § 1 19A. Certificates as to conveyance or roll-back taxes. 20. Agricultural, etc., lands considered to be assessed as other taxable property for any other purpose; valuation for 4r equalization. 21. Factual details shown on tax list of board of assessors relative 4# to agricultural, etc., lands to be same as that of other " taxable property. t -, 22. Commissioner of revenue to promulgate rules and regulations, " forms and procedures. 'r•. i 23. Tax evasion; penalty. 1 24. Severability provision. I VERALEX®: Cases and annotations referred to herein can be further researched through the VERALEX electronic ! retrieval system's two services, Auto-cite® and SHOWME®. Use Auto-cite to check citations for form, �r. • r`" parallel references, prior and later history, and ar nota- ; Y,� -, ` tion references. Use SHOWME to display the full text of cases and annotations. + § 1. When Land Deemed to be in Agricultural Use. ''','' s Land shall be deemed to be in agricultural use when primarily and directly used in raising animals, including, but not limited to, dairy . ,: 5 cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, . bees and fur-bearing animals, for the purpose 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 1`" ie which is incidental thereto and represents a customary and necessary ; use in raising such animals and preparing them or the products a,n .i derived therefrom for market. (1973, 1118, § 1.) , ., ' Y Editorial Note— ,' Sections 2 and 3 of the inserting act provide as follows: SECTION 2. Notwithstanding the provisions of chapter sixty-one A of the General T•` Laws,inserted by section one of this act,applications under section six of said chapter .o.. for the fiscal year ending June thirtieth, nineteen hundred and seventy-five, shall be filed prior to May first, nineteen hundred and seventy-four, and with respect thereto 9 the boards of assessors shall forward notices of disallowance, if any, on or before July i first, nineteen hundred and seventy-four; and the farm valuation advisory commission :�?# shall establish its ranges of values required under section eleven of said chapter as of March first, nineteen hundred and seventy-four, for the fiscal year ending June it thirtieth, nineteen hundred and seventy-five and said value ranges shall be mailed by +' 4-0 . _2 j ,noS . Wc) Pro(3-e�-�( t i 'i q -�.t t ,,+'h�• - `„ � ir, `3+aro +rat k et wrr t f' 'lr'ttLec t > `? s y '�; `;*G.� � .:��r`�'Y !ti ?' � ��'�`�i�ttw'i�`�`;�"�di'�A�•'� 4"r .�; `+ /x�fdP{yt�i:` �'a�' '�#.v3"..� 1 r { ,, § 2 TAXATION OF AGRICULTURAL LANDS C. 61A { cyr'� �kC,4 _ It l i i, y N . '„ the commissioner of corporations and taxation to the boards of assessors on or before 4 't' April first,nineteen hundred and seventy-four.. i ' '`s SECTION 3. The provisions of this act shall apply to fiscal years ending June r' ` thirtieth,nineteen hundred and seventy-five and thereafter. is ,r �� . Cross References— 7- This chapter is referred to in ALM GL c 59 §2A, dealing with use classification of ,'2.; real property for assessment of local taxes. t '' sxr` #, -./Y _: Code of Massachusetts Regulations— Land use: rules and regulations for farm land,330 CMR 18.01. r r ;', v fit. v' J7 Total Client-Service Library®References— 4. 3 Am Jur 2d,Agriculture§9. ` � sad 1 � 71 Am Jur 2d,State and Local Taxation§§60, 188. f r K > t Ott - " n at*, j z r , ' t Annotations— r Real-estate tax equalization, reassessment, or revaluation program commenced but J r • • • < �i not completed within the year, as violative of constitutional provisions requiring equal �t x and uniform taxation.76 ALR2d 1077. 1 ,r �ft °'t ; Prospective use for tax-exempt purposes as entitling property to tax exemption. 54 :~ x ,y�3 y of ALR3d t 1� '� Validity, construction, and effect of state statutes affording preferential property s ...-gs. , )4 /; tax treatment to land used for agricultural purposes.98 ALR3d 916. 4 t - S ; �' a,, - f i + S K q €F '�, Texts— i' :` t n Marzelli, Massachusetts Real Estate,§§5:1-5:6., x: si� ra;e Mendler,Massachusetts Conveyancers' Handbook with Forms,§§13:1-13:9. z r roc _ CY CASE NOTES ' s, - Appellate Tax Board correctly decided (1986)398 Mass 821,501 NE2d 506. t' if s { ' that land on island between Buzzards Land contiguous to land directly used ',+ { z .4 },'r Bay and Vineyard Sound was devoted to for agriculture need not be included in F T,'@---,..`'. , . :;:r .. aagricultural use or was contiguous determining reveue requirements under thereto and not used for residential, in- ALM GL c 61A §3. Nashawena Trust v }< :. dustrial or commercial purposes. Na- Board of Assessors (1986) 398 Mass 821, , shawena Trust v Board of Assessors 501 NE2d 506. ' I . § 2. When Land Deemed to be in Horticultural Use. ff !`' " ` Land shall be deemed to be in horticultural use when primarily and �a ;� 3, {, directly used in raising fruits, vegetables, berries, nuts and other i ,t ; ,.. foods for human consumption, feed for animals, tobacco, flowers, sod, '± a r; ' trees, nursery or greenhouse products, and ornamental plants and i �1 shrubs for the purpose of selling such products in the regular course ! an.' 41 . 1 4 , gsz.bvti --- -;-1S,I.'4,,N,:-,,..;•;-,-„,---.. ,1' T 4lu -.R p+fir l _. ii k ., f 144,1S}1".;-:.':.:.:,:'-!',.-,'.rick: ' yhw t Y;t FJ } 1I_}4i i : �.J,Ak':" w t S'4'4" •..rrqdii,,,.;?'�PT'„4,�'� as. .5,'_r°-4.as,,,4 �`.,v� ,F"` x+sh `t✓.`C3` s� ",.. �l.� � . .M 2 2 • 5'i a? ' '" '''4F 6,..�i.-r, t at o^•, r�3. n , .,-,. ,.. r + .+.1.-1?"; f x5 •.'crK r ��! 4H#' 9.;fa�r"1Y wry.:a ry a,�;* „+ r F. f {' C. 111 ANNOTATED LAWS OF MASSACHUSETTS L § 1 210. Presence of Knowledgeable Operator Required; Protective Eyewear; Time and Temperature Controls. 211. Use By Minors; Parental Consent or Presence Required. 212. Safety Claims; Operator Liability; Injury Reports. 213. Access for Inspections; Promulgation of Regulations; Exemp- '° tion for Phototherapy Devices. 214. Violations; Penalty. [NEEDLE EXCHANGE PROGRAM] 215. Needle Exchange Pilot Program; Report. i - Auto-Cite®:Cases and annotations referred to herein can be fur- ther researched through the Auto-Cite® computer-assisted t research service. Use Auto-Cite to check citations for form, 4. parallel references, prior and later history, and annotation r•§, references. A. t r; f — j DEFINITIONS 1. Definitions. r j The following words as used in this chapter, unless a different '".-Aa; meaning is required by the context or is specifically prescribed, shall have the following meanings: a "Board of health" shall include the board or officer having like 1. t ' powers and duties in towns where there is no board of health. t c "Commissioner," the commissioner of public health. `, "Council," the public health council of the department of public k it. t health. r "Department," the department of public health. , "Disease dangerous to the public health" shall include all diseases i defined as such in accordance with section six. "Farming" or "Agriculture" shall include farming in all its i . branches and the cultivation and tillage of the soil, dairying, the ,, production, cultivation,growing and harvesting of any agricultural, floricultural or horticultural commodities, the raising of livestock including horses, the keeping and raising of poultry, swine, cattle F, 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 farming or agriculture as herein de- fined, or on a farm as an incident to or in conjunction with such rg `v� f, 20 11 r a .'� '' i } a i' a. - _ #?a _�''°!t i'h`'a�.'r9._;'..w'... ';'-,"'�`'_ ::!'�` '^?.. • Z41 Wfrltc y '•s5.?'" 'ih * T °‘ u {i: • r v,; .� z.i, C • •��, .rc 3r Sr 4� " < a M Y f, v , r 3 ,,,'c4 ri r li YA 1.• PUBLIC HEALTH C. 111 `3, farming operations, including preparations for market, delivery to €iA s , storage, or to market or to carriers for transportation to market. �z "Health care provider", any doctor of medicine, osteopathy, or /1,, v •r ' dental science, or a registered nurse, social worker, doctor of chi- ', Al." ropractic, or psychologist licensed under the provisions of chapter i' , 1.1 one hundred and twelve, or an intern, or a resident, fellow, or t t�r F medical officer licensed under section nine of said chapter one 151„t� � hundred and twelve, or a hospital, clinic or nursing home licensed i,:s under the provisions of chapter one hundred and eleven and its her` agents and employees. �,. "Inland waters" shall include any and all lakes, ponds, streams, i4 'pa ;-' A • ', e_ , tidal waters and flats, and underground waters. l; 4`' f 3 t ., • ''''.r yam. "Medical peer review committee" or"committee", a committee of k , 4 airq d '_ y. a'state or local professional society of health care providers, j; � tx� r ' including doctors of chiropractic, or of a medical staff of a licensed !' t o•,..'€ ' •, /, hospital or nursing home or health maintenance organization ; 10.I '. !Ti,hK V r 1',, ,., organized under chapter one hundred and seventy-six G, provided ,,;+ a the medical staff operatespursuant to written by-laws that have t ; f t� ,a �' P Y .: t ;��.} �.f,� ,Sty � been approved by the governing board of the hospital or nursing ' ,, ', 14 .. home or health maintenance organization, which committee has as .' . ; 411 1811 its function the evaluation or improvement of the quality of health ",_.' _ ,o-rix nr, ,r endered by providers of health care services the determine- hz� ' Nether health care services were performed in compliance ` ' } wit the applicable standards of care, the determination whether F flip„.�'y `,r = i ;a` i t q' -mil tt the cost of health care services were performed in compliance with i �� n ,„ ;, the applicable standards of care, determination whether the cost of F 4 t «a the health care services rendered was considered reasonable by the . €k ,. providers of health services in the area, the determination of y �') - '• '' whether a health care provider's actions call into question such ? s' ;°t yc health care provider's fitness to provide health care services, or the evaluation and assistance of health care providers impaired or al- j, ' r '°°• O i legedly impaired by reason of alcohol, drugs, physical disability, '� tr- 1 ` ,r>z ` mental instability or otherwise; provided, however, that for pur- 4 „ t �*,Vz,f ,. r, poses of sections two hundred and three and two hundred and "d ' four, a nonprofit corporation, the sole voting member of which is � • i a professional society having as members persons who are licensed �;,�6« ,,Vc•7 s i .. to practice medicine, shall be considered a medical peer review i ,,,,,..7 ;�; rj committee; provided, further, that its primary purpose is the I I ', r 5�, '7 ; 4 : i, 4, Fa R , evaluation and assistance of health care providers impaired or al- ��u .. legedly impaired by reason of alcohol, drugs, physical disability : - •, mental instability or otherwise. ti ti "Nuclear reactor", any apparatus, other than an atomic weapon, i ' ; . designed to sustain nuclear fission in a self-supporting chain reac- ' . `' -r- , '' d r • • ' tion. I, f ` ',`., r .,r I `. 21 I ! s•; , ; N r u h+ f,ti tr#A ) 5yr1.t; • , , , ,11.. ', '...„ , tifig• -*i.,:-.',,4i-A;;,%...'''-:;"...:‘ ,`,-'`..'.- �r•' { �y1 ,% + '�1 tot ? c1'� . 3 .r �. .. ' j... q t r ` Y .., me wd' �;,a a.:ti,v.'�""' a..: .y,• r 4<, u a F''a".3L✓ ti-+f *1 6614�'-`= '1,,yg ... w:,.,s.. ,-, 14t.. 1:: r�1 ql. .[. �w +i !r ; .- '"x�..',`,. - yr'r' }'d° .i .ram '� -,. � � a , �,-,3 k � Pl ?� r "s^+, ;` "' , ��'"R � D �'.'rEp. x. ,,c w't gh 4,441.Ev, '4 v+3 .4.i.� 011`: , . S'g . r � t ' ,'.--, r y 4 � r t , p� wy � 4ti • .""'' ' ' ',' ' p :( 'K+. .,+. 'Y',', :',4•"X GF, 1,,.'`", 1i A ur '�' . ' lx.. a Xia 1:. , _t$ ' i z t t tt ' '''' 3 C. 111 ANNOTATED LAWS OF MASSACHUSETTS § 1 s History- t 7, 1938,265, § 6; 1951,448, § 1; 1966, 217; 1979, 796, § 13; 1986, 351, §§ 5, tf, 6; 1987, 467, § 1; 1987, 579, § 1; 1993, 297, approved Dec 16, 1993, effec- tive 90 days thereafter; 1993, 309 §§ 1, 2, approved Dec 17, 1993, effective sx:' 1r 90 days thereafter; 1993, 415, § 1, approved Jan 11, 1994, effective 90 days r ,f thereafter. Editorial Note- '. The 1951 amendment added at the end of the section a paragraph defin- . ' ing"inland waters". ;t. 'r The 1966 amendment added the definition of"Farming"or"Agriculture". . , The 1979 amendment added the definition of"Nuclear reactor." The 1986 amendment added the definitions of"Health care provider"and "Medical peer review committee" or "committee". The first 1987 amendment, in the definition of "Health care provider", following"registered nurse", inserted ", social worker or psychologist". The second 1987 amendment, in the definition of"medical peer review ;' committee", following each appearance of "nursing home", inserted lan- guage relating to health maintenance organizations. K'`• The first 1993 amendment (ch. 297), in the definition of "Farming" or "Agriculture", inserted "including horses" after "livestock". The second 1993 amendment (ch. 309), by § 1, in the definition of "Health care provider", following"worker", inserted ", doctor of chiroprac- y tic,"; and by § 2, in the definition of"Medical peer review committee", fol- lowing a, w "providers", inserted ", including doctors of chiropractic,". The third 1993 amendment (ch. 415), in the definition of"Medical peer , review committee", at the end of the paragraph, following "otherwise", inserted";provided,however, that for purposes of sections two hundred and three and two hundred and four, a nonprofit corporation, the sole voting member of which is a professional society having as members persons who 1'" a` are licensed to practice medicine, shall be considered a medical peer review committee; provided, further, that its primary purpose is the evaluation and assistance of health care providers impaired or allegedly impaired by reason t of alcohol, drugs, physical disability, mental instability or otherwise". Cross References- t r For additional definitions, see §§ 17, 52. Code of Massachusetts Regttlations- ;'''' Implementation of GL cl 11 and 111C regulating the reporting of infec- tious diseases dangerous to the public health, 105 CMR 172.000.47 t 44 Total Client-Service Library® References- 7 Mass Jur, Property § 25:135. } CASE NOTES ' 44 1986 Amendment (St. 1986, c. 351) are confidential and immune from sub- ,". provides that medical peer review com- poena or discovery and that those attend- Q i' mittee proceedings reports and records ing committee meeting shall not be re- .,v. i. 22 ,.1sd5'�. "`y*x4 y"'4 .1 fir. w!`•.NE.+G./f.-�"5P 9 fib'' ;, + ,, ,,5? k- , "_ 't`,. ,,,i -'- C+ ',.,,,ila•`0p4.4R`5 s�4; 5 •I ,T {Y K i ,y Y f -,i,e + t h N '� Y i { , iS' R t' .1]e,. r1 , #$,71.4�' 7i-`-"4--'S7s:7,<t` .r'vt l"" »-' t +r + , �s, s .ai'c t + '. ', '. 2 ? . . ,� aJ'w,.,s i ,r. < S :' a •''rn 4. 9 � *^ E!FJ � F k yr * t .}``+pia 3 i �.. t y�Tw y+.a f i} sr X __s' v# ,.+.`�d -�r::,. r p , a ,f .x �} a ' n - `$'' ' n1111. x.r ! 1iF .70' e- 6 T ill' • • f PUBLIC HEALTH C. 111 ;,;,. +'',-,'.kt quired or allowed to testify about pro- "Agriculture" includes operation of t� Y a ` i'r ceedings. Beth Israel Hospital Asso. v piggery. Building Inspector of Mansfield e� " 1 V Board of Registration in Medicine(1987) v Curvin (1986) 22 Mass App 401, 494 krt 3 ;i M 401 Mass 172, 515 NE2d 574. NE2d 42. jj{{ r }1 4St.ate-f J t §§ 1A, 1B. [Repealed, 1966, 685, § 4.] i" . , i F l;'. ' ,,4". t 5'' ,i • ,v v A a - ' Editorial Note— `1 4 , =t�,i •f j ; .. The 1966 act which repealed the above two sections also established the I f-, i' f• ' k , , x b • .Division of Water Pollution Control in the Department of Natural Resources. 1111f• fir,' .-t ; a+l t> { t :. "''`t'0u' SeeGLc21, §§ 26to53. fi * • ' y�' '...")U-,,IP.,!.. Pri'1,-:',:'' i:',17.'.:.tg.,;,-," .' ' . ,,;?t, .1.,1•J �41 .a ti-47- DUTIES OF THE DEPARTMENT OF PUBLIC HEALTH i v. "" + " ,_ , ' Vi tiff, stiff. 1' ti w r. • .3 :"? . 34 . § `Z. Commissioner of Public Health; Duties. s ' `b•r' ' 1y t r ' ', The commissioner shall administer the laws relative to health and 11 ig fr ,, i"s G Y: - .; sanitation and the regulations of the department, and shall prepare u s 4r,- ,c .',• ,, • t ' ir'� 4:e rules and regulations for the consideration of the council. The secre- $'? •':''., ]a�-,k and the commissioner shall jointly develop and l 1 ;'' '' ' a p tary of elder affairs f 4,4„ ,,-, .1' submit to the council rules and regulations governing the licensure lip •9 ;; , � n 2 and operation of convalescent or nursing homes,rest homes,infirma- f r ;x ' ries maintained in a town and charitable homes for the aged. He may r IV4 t`; '� t f {' 4 z, x direct any executive officer or employee of the department to assist �, �S �.��. t c { F „ xt* 1a in the study, suppression or prevention of disease in any part of the a{{LL= ',,kif ti •� 1 a Y F " x � �I no;tea .�i� fi+'A^ ^��-�;xr' commonwealth. He shall submit annually to the council a report 1' f` ¢ °.ems`? m "' z ti containing recommendations in regard to health legislation. ',: t} '44. ' ;4- ,-- g : 1 e" • The commissioner shall prepare from the birth,marriage and death c aK .. '-�-- records received byhim under the provisions of chapter forty-six,and d r , '` , r� `�; f ,,,,...5 - �o- 1: ,_`: from the divorce returns received by him under the provisions of sec- �t, k i x tion forty-six of chapter two hundred and eight, such statistical tables iw tt , ,: f + ,; �� f� } , as he deems useful, and shall make annual report thereof to the gen '" tr '. ,�(Z°" eral court. The commissioner may transmit such information to the � �n appropriate agency of the federal government to participate in the I °' ` t�.< � ,��, `fir s R; �: development of a cooperative system for producinguniform statisti- t .i, ,i' �:. :. cal information at the federal, state and local level.The commissioner i �1 0 ,.0 t f f ▪` maymake further use of such records as he deems useful for � r 01 administrative and research purposes connected with health pro '1 c ` , • 'z ,' r grams and population studies. He shall, as soon as is reasonablyor to ,r ,g�r s ; practicable, cause the birth, marriage and death records to be bound 1;`: a'23,'r s,� r` �e , with indexes thereto and shall retain their custody. He shall prepare Ilt b 4.a . „r{ s :Y�1'. �' an alphabetical index of such divorce returns showing the names of +1(} r; 5 rt,"7 : ityct r the parties, year and number of the judgment and the county in which the divorce occurred. gill`'`` ' "`` t'; ;` f ' �" ist I,ri. h t0,, l t k ! hr„11}.,, .'�4*T` rt 3�,z; ,N.,..-. 23 G1 T 4 . 4 T7 tI Cr • x r.. f t" 1} a,< `' s.� y�v�i1 �p. K F „54`kJ'�.7t,� M�Y�S �t+)"Lk�.'K-i��. _ 7 a rl r, 1p .•" r '''s'A• 'r.�H'•_ j*FL' '"i rsr ' '•i' ' e.S". .•Y' "P '.�`S-fi, I,-sf''ya',{ f14` �`�y+,7 ,/'.`x?59 ZSk.s�1 i aA..,+]t.+'?? e,444,'-ai,,0140.,YIin.A•iN` k.. -ak -Ec�f.4.1` *:VV:ty a4,; tyy-414$4'g";4ax.';,e4 a�z04.eT4111.0.aivh+ 0s, a .-f.4di:-h :.. 3 '` �. 'O.:. ! 4 i� ' .� -� 7 y " xt ii�f��}},,(:�. r {Y' t v �� 3.� rt x!`Y i h j4...a-i'� �. ,�", >5i'�+'� '� r� a y u { ,,, >�"t- , , ±-'' �.1"t°3$� '+ { ubab t sr`��. x'P a ( 1a" R y^ } 9 a H ; ` � } -� rt '�r,` .7 , . e a ti g- ', i . .° , �', i=:� 'S�5.,.. xY w. Je, �s �. �:. v 7i vt, ;, r- %.7j, y 4E ,:_s ik 't,r �".r r. s c s s ,v �' 1 t"t'� s .�,' '; , '+jai. • 71 i,4.c, `, i " %' :r a e { x v . ' 1'' 7 •t} k b 3i, 1t,' '1, .. F ¢ K . r ' r } ` 1 ,i,�aa 1k'. 111 h P • r J a� s � CUMULATIVE SUPPLEMENT i �• TO Annotated Laws of Massachusetts ' a f; , r ' =' CHAPTERS 111 111D ° ,t a (as recompiled 1995) . , R,tn �, ..f',, .: - . m {� Y F d 'Cfj7 i . •J R}' <5 } TITLE XVI 6} PUBLIC HEALTH ' '''•Ell) } ia,{ } Yx5 rr�{s CHAPTER 111 t �;< cA• � ; Public Health x air s a K.s i' -� 5•# , % �,. y'A'����� f .r� p9y�x t. r r f K t + • YY New Sections Added , ri. ; y} Sec. } f tY ;, ,x ', '• 24F. Health Care Access Fund. z ,;t-'� 1.y,01„ - !,a , ;f z�� `',; 24G. Primary and Preventive Health Care Services for Uninsured f,* V$ . '_ :� Dependent and Adopted Youths. � r 4 ' �. r '� 24H. Managed Care Program Established. , , h"}• t ` i, , i+ • r ; 24I. Universal Immunization Program Established. § ,.,,_ y ;a= 24J. Medical Respite Services Program Established i 142N. Rules and Regulations for Certain Fossil Fuel-fired Electric a,.,, i ; : f.,:, ,: . Generation Facilities. � .1 ; „ 216. Fragrance Advertising Inserts in Newspapers, Magazines, Mailings ,r, x and Other Printed Material Regulated. _ `' tt DEFINITIONS § 1. Definitions. The following words as used in this chapter, unless a different meaning.. is required by the context or is specifically prescribed, shall have the fol- " lowing meanings: For latest statutes and case citations,call 1-800-446-410. 7 ' iairy !�''`` ` €-� v+E K � S �'+Mzr+ 3 + itsoe'�.ins -k-k >ip it F :3r4 ltU� 3 .r T $ ,ee hkV as #4' ;t ? e'n. Ii4„ w .Y . _,� y.y s 4` ,, . '-� ;., i.e ''4..V♦ , t � " �?t h 4 4Lt e, . M f ,,C si.riti f., f*:r ,' !A ; l'+ t " R h" moT ,"°,f fTeri .y tl 7 3 t t '' t '' r�} o 1x; � ` 13 Y4 r y $44:.-• 4 L{`., .%N dry"S a � f ".,E a Er''✓ �+ x. . u a -fie 1A f vrcat*. .. ;`k... 1; A 4,. -ri:;�tt:het •tr'n.. w ' C. 111 ANNOTATED LAWS OF MASSACHUSETTS [No change through definition "Disease dangerous to the pu 4• health".]. , : [The following three paragraphs are reprinted to correct a punctua '- s» error.] 1 y ; "Commissioner", the commissioner of public health. ` *�` "Council the public 'health council of thee.department of pu 'z' health. izrk.._ , , ' - , - ,-,,,,,./..!-,1::: "Department", the department of piu . [Definition "Farming or Agriculture" s amenblichealthded to read as follows: "Farming" or"agriculture' ,farming in all of its branches and cult tion and tillage of the soil, dairying, the production, cultivation, gr ing and harvesting of any agricultural, aquacultural, floricultural horticultural commodities, the growing and harvesting of forest pi ucts upon forest land, the raising of livestock including horses, keeping of horses as a commercial enterprise, the keeping and rai' h - of poultry, swine, cattle and other domes"ticated animals used for f 'e k" :r purposes, bees, fur-bearing animals, and any practices, including ,; forestry or lumbering operations,performed by a farmer,who is her ', . e defined as one engaged in agricultural of farming as herein defined ` `fig on a farm as an incident to or in conjunction with such farming opt " F °�"<--i-4 ; tions, including preparations for market, delivery to storage or =tom market or to carriers for transportation to market. [No change in balance of section.] .1.';.--. History— ` l Amended by 1995,38,§ 127,approved June 21, 1995, effective July 1, 1995. Editorial Note— ' The 1995 amendment substituted the definition"Farming"or"Agriculture"for one w ..' v read:"'Farming'or'Agriculture'shall include farming in all its branches and the cultiva '- and tillage of the soil, dairying, the production,,cultivation, growing and harvesting of r� a agricultural, floricultural or horticultural commodities, the raising of livestock inclut horses,the keeping and raising of poultry,swine,cattle and ocher domesticated animals i t for food purposes, bees, fur-bearing animals, and any practices, including any forestr lumbering operations,performed by a farmer,who is hereby defined as one engaged in f2 ing or agriculture as herein defined, or on a farm as an incident to or in conjunction € r such farming operations,including preparations for market,delivery to storage,or to ma . or to carriers for transportation to market." )., CASE NOTES Proceeding before hearing panel of com- was peer review within meaning of ALM F mofitteNe on inquiry of Massachusetts chapter c I l l § 1 and §204. Swatch v Treat (if ' ,t ational Association of Social Workers 41 Mass App.559,671 NE2d 1004. s DUTIES OF THE DEPARTMENT OF PUBLIC HEALTH i § 2. Commissioner of Public Health; Duties. ` [For text of section, see parent volume.] 4 :, Editorial Note— ft' Acts 1985, Ch. 728, Hi1-8, 13, and 14, entitled "An act establishing a fund for t: ,. formaldehyde foam insulation for homeowners", approved December 31, 1985, by § 15 fective July 1, 1986,provide as follows: 8 - x r ' For later statutes and case citations,see Quarterly Update Pamphlets. , ;-ing m - rU -t ,F.., er,''.ca' v CIt: a � '-;i +•a ,'{ 1 a'?; WZ + .� �53e ' ^v r, 'h M1y t « - x • :,;, . `, �., >� , ' c .;n �rX ! e .i ' „.i4 ,� rk, , ,r,' a,rry i v , ,.$9, rph�t k yYa e 5, .., 4 ' ,,e} 43 rl, 7 q t', Y.y r 7� ray i :v. Y .+ '" ,, M ,..'telt', P'I T 4 L'°"0.Aj�'1•yi- "'9R�h"-# r0,14' V �} £�� x • 3'-Y4'+i , i 7..t f 1` •3`'f 'd ,- `° A ; l `�` ` W .. '` max y ,'-' ' i ti t 4,' `� + vim'',,: • C if.,;.,., r.via r P u ,fir y �� • �.: .'g� 4 is : 1 j I• r' de'ALA Y V A t r 1`.", ..tilt`"�. i - i , �'t•j� }E l' F x 1 Z.. ' Ea tt} ' n f n� $'pn C. 111 ANNOTATED LAWS OF MASSACHUSETTS § 1 f4 rtlC i. "1"; fi Alt `.' ' Code of Massachusetts Regulations— ,, /;' a 1 Rabies vaccinations, 105 CMR §§ 330.001 et seq. „,-. , . --.,,tr,-,,i:,-,.'•r ,-,-e £ , Total Client-Service Library® References— �r'. ,R k { # 58 Ain Jur 2d, Nuisances §§ 71. s 59 Am Jur 2d, Health §§ 25 et seq. r . '1 e % 3 82 Am ur 2d, Zonin and Plannin J g g §§ 39, 44, 45, 119, 128-147. ` 8 Am Jur Proof of Facts 527, Nuisances. ,'s f+::::::::4 3 26 Am Jur Proof of Facts 181, Community Noise (Noise Pollution). 43 Am Jur Proof of Facts 2d 303,Commercial Activity as Actionable Ptiv; { 5gitr: Nuisance. i ist ; tip; n 4� , �` ' Annotations- 4� � L z L 4r� 1�`t <� � y `` '3 4 Animal renderingor bone-boiling ft ,�f t, � ; plant or business as nuisance. 17 ALR t 7t'x. ,t 4 1269. . • fir} rr, ,,� �q. , ', i Stockyard as a nuisance. 18 ALR2d 1033. t , .- a`. ,a Keeping horses as nuisance. 27 ALR3d 627. ' ' r t r, �tt *,.• 4 _ Texts— ) � x cryY� II ,': Massachusetts Conveyancers' Handbook § 13:503. 1- f` t, y,�t r r?>: CASE NOTES { E f ,; X y 7,4 } This section has no application to an melting and rendering establishm, "' M #,' :.Y establishment in which the business of used in connection with dead horses ,r r r i= .' t melting and rendering of grease and tal- other large animals.Cambridge v John '' .. } ' ? low and the making of food for fowls Dow Co. (1904) 185 Mass 448, 70 ' „ ;;t ah,;( ,,., - .; from oyster and other seashells is con- 447. ' , ;i ,p 1 ,� i -, `: ducted, but was intended to apply to a +, gz Sa o t+ r w sj) h STABLES Ea }li - d L:S fy, 7 Fnx' s 's ' 'Y 155. Licenses for Stables in Cities and Certain Towns. k T yr 4 • 4 C - c s i 2 • No person shall erect, occupy or use for a stable any building ill ti't. ,.: • , ' city, or in a town having more than five thousand inhabitants, unlr ': y', ?y , `t ' such use is licensed by the board of health, and, in such case, only �� ��p ;-z the extent so licensed. The fee for such licenses shall be establish( t fi • i . . " :- in a town by town meeting action and in a city by city council actio i • r� t '�� and in a town with no town meetingbytown council action, byado. �'sa *.F , t �;:YV-4 ,..' tion of appropriate by-laws and ordinances to set such fees, but in i .,'x �, ; event shall any such fee be greater than forty dollars. This sectit k t t1 11;. shall not prevent any such occupation and use authorized by law t r x3 ,w,', May fourth, eighteen hundred and ninety-five, to the extent and I �h^s, ` �+ the person so authorized, but the board of health of such a city ;: ' r ,$� town may make such regulations or orders as, in its judgment, t1 4 'V,l' public health requires relative to drainage, ventilation, size ai L, ' � ;1 character of stalls, bedding, number of animals and storage al e i,. ",�a is'4 handling of manure in any stable in its city or town. f" n ,� 472 r., _ ` • huh" e �_y , ';4i i; a, -..�,+,.�svtGz'�k SF M.+�.R'.dXµ- a#• i �Y ,( �'+P"x.::.A"' t ��'�. �.. ;'+R`1 �'ti`i 'V'��e sv ,4 did r+t i4,1.. • �: ' v ic4 _�# ae. i4" '' ' . a J� S zti+,r 1 A rr = Mj 5 ; z 'z i . rrt�st` 'r tt S Y A _Ai t ( F.' a si'. x '"�,,,r' _t ' `1 ^C�f ' " ,�1+. „-r'M1 u,3 !‘Ti t 4r .,�¢ , t '� t "t �" , E i '' 4ir L i; o 5 ,r ,x ''< 4 o-'- a t ' SC ,s&.�g � sw ! i t a.,}.+d..v ,. -.9 ,P, ?ew, -1, , , kr' „c..,s ir<aih t Ssxt + {���� rt . r,-.: ,,-,,,,0,-.,,,,,,t,,o,,,,,, c! {! if$tt* Y,l;N1T 1 f4 p ,.„?4,„,11 ....., - ':':•:-_.".'.':-:2...',1,.-:,,:;:.4t:,4 i., ....- ,- .. : . .. .,,,,..„.... y 156 PUBLIC HEALTH C. 111 ,f 4 t . } rf -..i '' i 4xt 1iY`'0.3 tkr } E `r tory— 1 ,- rt ' r arNrg ,, 230;-1890, 395; 1891, 220, §§ 1, 3; 1895, 213, §§ 1, 2; 1896, 332; ? ter1r�4' , �� �, 1890, I , Ai s ;it A+{`' 897,300, § 3; RL 1902, 102, § 69; 1912, 486; 1981, 351, § 58. • Vtt t. k £Z Yt r r,",. Tuitorial Note— ! 'l' ,wv''':44 F 1 1" `;;'-'4r e 1981 amendment added the second sentence concerning fees for li- I } * t�,k 3 c 1„r. t �y Th ,i Y, y -4 r .'',, ikf tenses. ' 1 t.2{M�V r t ' Total Client-Service Library®References— ' �� ``�' ',c 58 Am Jur 2d, Nuisances §§ 71. s S ; F- 59 Am Jur 2d, Health §§ 25 et seq. ti„, q,-.3"-Z0-.}' ..',''''-:'-.:s' ''''' '', .f.:.'•'—',,,•''''V 'w,," `„`r{'82 Am Jur 2d, Zoning and Planning §§ 39, 44, 45, 119, 128-147. .l4 h 8 Am Jur Proof of Facts 527, Nuisances. 1'Vsk� S:,• t "' 26 Am Jur Proof of Facts 181, Community Noise (Noise Pollution). t l.'.' • , �c yf {11; 43 Am Jur Proof of Facts 2d 303,Commercial Activity as Actionable Private ' , v g�• 4 ' a i t{" y� ,Mt il',';.i.',M:'f:Nuisance. !f t 4 Z `"'}s"'J x y14., i ,«y t'; '> t','� '•.i `;; M;Annotations— : �' } #4,r $y� V .� `'a r i- t 11 tij,J c`� „ . •h,�„: Keeping horses as nuisance. 27 ALR3d 62'7. - �, 4� ,- , .., *rt ) '' <', k 4, d t f , -,�r Y ..,,T Texts— v-4r,�rx Y , W, 2 Massachusetts Conveyancers' Handbook § 13:503. r '> , , CASE NOTES ,.,, i f >n; r r. ;',,,',.'''.;;;.-I:.:;,;',"': ••r r g:The provisions of this and the follow- rinucci Bros. &Co. (1962) 344 Mass 50, + * "ra a* ,. J4, r'; :-: „ ft�- lug sections are an exercise of thepolice 181 NE2d 584. tl. " p,,� � �4 f �'� tyR �'j,x,f�,4q• ,t '',...,:M.;'''.'.;;',.!';'.::, > as. 4' r3 `' power of the commonwealth, and are If a permit to stable a horse, issued by 1_ ` r }� •�ff6, °ems . rr ?constitutional, although no provision is a local board of health under the instant t J x { 't yj ! 51 fr made for compensation and no right of section,provides that there be no storage t;i ; ,a c i i :' ' ' appeal is given. Newton v Joyce (1896) of manure within 100 feet of any property ' _t 3 �r , ' r � A',,..} t '' r 166 Mass 83,44 NE 116. line, the of an abutter for the i � `t k; remedy s r� G i f y 3r w t �a1' violation of such a provision would be a s 1�rl ; �' ? , x •k r > This and the following sections are de- request to the board of health to enforce k g; ,fir < Ii� °1� lift , signed to protect the health and comfort the proviso,and,upon their failure to do 5 x F x (�. ('{ atn 1 • n, ' z _ of the community, and should receive a so,t bring a mandamus proceeding,but �ifi.'9, ' a tl .construction which the plain meaning of unless the keeping of the horse consti- es, ��, t r t�' � the words imports.Trowbridge v Tupper t ;'� �� 3 p g PP Lutes a private nuisance, no remedy lies tit�t'g'�'^ K art„ f a, �. $ t x: (1912) 210 Mass 378,96 NE 1096. by way of a bill in equity.Flynn v Seekonk • f�), ",' 1 ,z-" ,` 5s The license provisions of a predecessor (1967) 352 Mass 71,223 NE2d 690. x4 " ' t , * -' r �t, r section, were not applicable to land held Statute eliminates threat of stable being t} s, qq„ ;�- ,b•the Commonwealth or agents of the built in largely residential area.Blakeley v ._ ; T'�F 9 r *.. i F r t" t' • ' ;� Q3'.Commonwealth, such as Metropolitan Gorin (1974) 365 Mass 590, 313 NE2d i SS , r �g*S , a `.7i Park Commissioners. Medford v Ma- 903. i I 1 ) *v F . y`4 -,t ;.}!yt xFti �? is 3• § 156. Stables in Vicinity of Churches Regulated. { t tf4;:f',. � E • i4,t: ,: No person shall in a cityoccupyor use a for a livery stable, n,w: building 4 ,. d ;, or a stable for taking or keeping horses and carriages for hire or fo • r ft v' ?" kG let, within two hundred feet of a church or meeting house erected a t Y Yi `; , �;: r k ;�r. p L A ,', and used for the public worship of God, without the written consent • l 'r $` `" 7v.,. �`'•. i,'" 4, ,n 473 3 i' 1 k t; 3 3 9 1 , 1 zi i rt i ; d ,t t • t Ns 7 k t 4 t is l$2 S-, p, 4' �4 ? pi:4;`ty' -.144N 8, ii 1 }i l t y f SZ L j a t,} 1 11 t 1 }jF a 9 { f '{' it 'L''''P 'Y .!0:fl 0.f A 4:I .,t f'�,,, K4•n.- 'u'•.;n. •w-.- R �r i7e rr+�' s`',xy",,"5 P`6 ;h;,w CS'n' >'K yd �:-�. ' , 'A ,1-;'N'',; € e :..rc .t '`@ ,; i!: z aF da t}t - Erf r,r "+•t- F5,`:tS, J`,'� 'u,w .v Y r i 4 wr, .a>+r'�,2, .,6 }-ik nt' _ e.,.;" 1{_;.:r. .,., -;�,"F? ,,.:'+.Y i ari- t's. '` '„„_.- ' i L x,:if3,`S., Ar3.j;t-4 4�'14,1 lit i*,. ..?�?4,.e aG•.f§. t ,, 4, Ot t ,r a t1:7,t{ r' qF:"v, 2 4i1 @ �, 's�•p i+T * a i t" -a H Y i`i '' 4v J .:S • i p ,:'41v � t � R } rvW .t r ;< ^ * t t � !pY Yt6- A 3 i { .u t- 4 , j y c,�N � � �;" � ,y � z ?s �.r r i Vi� , t as 4 “ � :}P (i 1€ t t! 3 > ! ' a} • //f1xi ,ifx t , E 2 Y -.4a ;;gs S , 3 h' ,`k3 p ' r I .j.y ,y• i 4: T! '. at • • • T• • f ` it. F , ''f _:f ,,.. t. - If y x' t 4• , r t x y" qi • ;,, ; f i 1 *r ,. ' ±` .t(S•• F t ', ,.,,At''''..,,,, y b S z' .i IN M)j 1 „' .At 4.{•.r 1 .J ,• •• ', .. "31+'f'Ft1 ; s i , 1F yi A S }'. �. F,�'+ Y q 1 �' Tart S'�F.3 � Y ♦ M k PS 9/'z s ._-.`,'a''S�•t� 'W`:.',^v"..st 'i�� 'Y^" - I : { .vl J 1 ,,, ' i i Y Fq's t 45. `` ,._F9,+r`',. t i 1 i A}F`r;! 5 t � i � �•zy�w rr a r . PUBLIC HEALTH J` &g t Y i4 t i ' 1• 5s i t ` S ri q `ll,.115* '' ',�'4 :_ `` 4 1 Sal 4 C _ p44'i Ct�'>i1fM'.p. f� ) � x 5 � i _ A,'� ' r it`„, Handbook § 13:503. I r ,,.,1 l tr T� �i ' 1 3 1..'1 '2 t'''d y t j Ah <;* ssachusetts Conveyancersr , kXSp • a ,i.t r •M1.131 ' f �$ { .asap 158. Licenses for Stables in Small Towns• i4 � , S .as +§ o elation of five thousand or '. k1P fy e r }''The selectmen of towns having a P p more than four horses in .1 ; . t' „ ` 1 1 ` L f y 4 `es and may • „�*less may license suitable persons to keep , t J , ,5 , ,�} ,.- , x :< ,i •1 t th �,b' . s• p ecified buildings icensesr places at pleasure.In their The fee for su h licenses shall be « " ``evoke such such fee be t '€ ,` tt. but in no event shall any i � V ti� , , :,i' said selectmen, r' 4� '' ,r }e ter t d by ' z esta not being licensed as afore- y dollars, Whoever, ' t �� r�r+i 1 4 w t greater than twenty lace for a stable for more than r` • �}4,�� s ts4r);�� ,' t `.satd, occupies or uses a building or p month E 4.4. r , a {r , roportiontrAf.:.4,A.four horses shall forfeit not more than filac eoand in 1 kepry I,,:` ', 4. a' he so occupies or uses such building or p restrain the erection, oc- jj ' At yt Kf/, .kii',t for a shorter time. The superior court may E N K» 4, ;i' `cu ancy or use of stables contrary to this section or section one It .' x #t, ,;s , t ve or one hundred and fifty-six. ,/ }�� ;` „ Nat 1 ti'r hundred and fifty-five 4 1,4 ,," ri, -`1 tl .41. ' Y 39; 1 aq {' sx? . am-e4;°Y , t i�,. t, r PS 1882, 102, § 1• .History- 88, § 32; r; •- .s° ' . , � yi.•„ f `j '• •-• 1851, 319; 1852, 129; 1853, 362- G4S 1860, 213, § 3; 1897, 2, 1 § 2; RL t i v T t 3, yfi F • 1890, 230; 1890, 395; 1891, 220> § s --g I xla ' r y• 1902, 102, §§ 71, 72; 1981, 351, § 59. 1. '' �� � �$ l��a .y ''y fit ' 11; 1111 !r'4 Y S+ i:; Editorial Note- i r Y'h' :l' {ls„ ,•a t ` , a s `�: '' The 1981 amendment added the second sentence concerning fees for li ,f� �} � i i F J r4 1 tenses. ,•..s li +�`; +;0i , f* '' y.` .: 4; y sr`r References- t ice Libra !t ;�£'x r f '{ t°s.l� i'1'`'' .•. ,k Total Client-Sere 1 ,f ,1 frif t . i i r+ Jur 2d> Nuisances §§ 71. tf 11 1 °' '3 w x ,i3' l tf , 58 Am 59 Am Jur 2d, Health §§ 25 et seq. 4�s1 ' ) " '•. ts° ty, 3i.-y". 39, 44, 45, 119, 128-147. r s ' c; rw r r '' aka r ta 82 Am Jur 2d, Zoning and Planning §§ Y4y,� `1-k ` 8 Am Jur Proof of Facts 527, Nuisances. I ,, T,, fi', " q�*tie `',4` .z F wr Community Noise (Noise Pollution)• �{ ;�W-1:4 `i: "� � ' ;j'. > 26 Am Jur Proof of Facts 181, A I1 G,r k , ?' le 7 43 Am Jur Proof of Facts 2d 303,Commercial Activity as Actionable Private 4 q 3 l.i)', t 3 �,1•,,'3. SN ::$ tip 1,1 *1.'S. 1 Nuisance. 1� V, '+` ,,k %f, r q �Y. +s�� '�'? 0 r's'. 44 W !'';,,,-, Annotations- x, ,w ,' " r , +tV. ,. �` Keeping horses as nuisance. 27 ALR3d 627. m a r } t r 13:503. i• i tle ".;i `' ", ;;;} Texts- 1 P $ d F'' >_x ri * Massachusetts Conveyancers' Handbook § ,� } A . CASE NOTES • i > SI Yt ` . r iven ef- 11 1 s f #' • �r"1,= ranted this section shouudtife the court Y r; } F Sy.. This section implies that courts may g '';. �:'q,: not restrain an erection of stables which feet, so far at least as to j y tt in refusing, before the stable is erected, ' T is in accordance with this and the preced- ��• � sections: after a license has been to investigate probabilities of injury in the s �/ 1t z ing • le. 475 d C 'fir I. -' S. s_,rat'. ; 3 k ",g ee 441,TI' "E. 1 t `t fr t ,' t u 1 .ixwt.ems^ s ,'.tY.l''+:+.tw v4.r:,t { M•b rr%rtA r.,yrw E.-..tit hi-4,1 '`4' ,� e .,. Yt:7'.'SL`4..4,4,-0•Y-k+:0,0,a:Y ' '•Fsi`;± 'S4 ,.'y xT laq' •t +' rf .�-4• f P . 4 ,x.y Y'4;�✓��F, 5 'r r ;s 7 ' r e -4+y" k D' M. SrA �f,. �Rw" 4.• 6 4 '"t{ 'l.s Ye i_`1 "t' -1! , ¢"' k'` i.,, ' :i f ' S +L sa' ,, i. ,` .x k +t�, , , , 5 of G :�I, s, , xj o r c f ,� r ,x r -0 ;rt., P iC 2 �, ° -,t'r "d9t '3'd it rs , S 4 ,: T t t 5r i F G�.1 rN ' y Y bt f'Y`, ', ,t„ `-.,, `•. A+ r t ..' '','• t., W °. :4, ,r t , i' �pS y - }. ?S 9 fi, 2.. . ir.� ,t, .. Wt •- f ,,'uy ,rt 1:,„..4 itit 6 Y� x:ct .r. L.,.�:n 4.'.AStli�u?S7 �; A;,',,t 1 f, 1 „ k r " �. i .1 I sY t e,, i 'i' it , r afi't 1--1,; t ` • l ' ! C. 111 ANNOTATED LAWS OF MASSACHUSETTS f ?#? future which in their nature are more or whether covered or not. Brookline vr rst�p less conjectural. White v Kenney (1892) Hatch (1897) 167 Mass 380,45 NE 756 1,1• 1!, rni• x ,. s� }t T� , • 1 ! 157 Mass 12,31 NE 654. Under prior law the superior court had r a ° ° k St 1890, c 395, by which the superior no jurisdiction in equity of the power yr!a�-• conferred by the Pub Sts c 102, §3g �i4 ' S o , court was given concurrent jurisdiction t 4 Uzi+ q from which this section derives, to pre•, h t i.1 with that conferred upon the supreme vent the erection, occupancy, or use of a'`°r ..• . t� z judicial court byPub Sts c 102, §39, as e r building as a stable for more than four"T : ' x( , ' F amended by St 1890,c 230,to restrain by horses. Jurisdiction has, however, sme¢"t " , `fi.�� 7 .�;1 injunction the unauthorized occupancy or been given to the superior court in suds� $ y 1 use of a stable, did not give to the supe- rior court such jurisdiction of a case Mackay (1897) 168 Mass 76,46 NE 412 ? j 4 pending there at the time it took effect, A suit in equity in the superior court 7° ,a'i ,, ,'• > but of which previously that court had no under this section must be brought by they`ti , r ''BF s �': jurisdiction.Langmaid v Reed(1893) 159 city itself and not by the members of it ' is {fi, t°t< , '' , 'f,.- s` - . Mass 409,34 NE 593. board of health. Trowbridge v Tupper_ ,� 1 t ,, �&; t 4��+� This section is aimed at the nuisance (1912) 210 Mass 378,96 NE 1096 ,�,• ,. . a14' -. which may be caused by the keeping of a Under this section a suit in equity may t$di 5 t }1. number of horses,and it can make no dif- be maintained in the superior court- � k' z . ;� • ' { �,��: ' "e,L�ii •• 1 ference whether they are kept in one where there is a reasonable certainty that ' ',r 3; a r r- t, building or in several, or are kept in the the building in question is to be occupied z.:If ,� •Si , w y ra„ ti yfF ;i ,y r, open air or in an enclosure. Brookline v and used as a stable unlawfully,although'!: •• }eY-aY ? Hatch (1897) 167 Mass 380,45 NE 756. no actual injury to the public has beep ,i ` ,w sty ,% 14p* ' �• x The word"place" in this section has a inflicted at the time the bill is filed Trow ;1 e it;, 1,f, , ? a 1, g; broad signification. It applies not only to bridge v Tupper(1912)210 Mass 378 96 t y.7, i r4t. k zr 'fit a building, but also to any enclosure, NE 1096. 1 ?;A?;, ,. v z 4 x= R}. /+; Ali." WATER SUPPLY . ,. • ' '� r• ;� qqy� § 159. Supervision of Inlard Waters. i k,An,. i4 Y!,-�cI adt'tv�t*h+ �•t.a;g+, ; t +°.�'„ + ° ?Y ,.� , ,. ,, ,t... .1 The •department of environmental protection, in this section and:, i y pit; tY � 1 sections •one hundred and sixty to one hundred and sixty-six, inclu 4,C, 't 4 rs h,, ti w' cr" i c. 5' , �_ a ;, sive, called the department, shall have the general oversight and care, 1 7'i s ,;r + �d ,� � ,„;ti• � iff ,r • of all inland waters and of all streams,ponds and underground waters z { ' : , y a' `5 ' , i used by any city, town, water supply or fire district or public insutu e yea ° 4 �: tion or by any water or ice company or any person in the common- t3, r 1,' ," s tik rx r? s, • t + 5, �y, ;, � -� ,+�};�{ �,,rr , � c;,. , ;: , t wealth as sources of ice or water supply and of all springs, streams,�`�: rf zit, 1 : ;L �' � , and watercourses tributary thereto. It shall be provided with maps ' ,r ' ,' 'r 2 q- f1 s� " ti plans and documents suitable for such purposes, and shall keep re, y , � , cords of all its transactions relative thereto. It shall give notice to them ' 4 • , , 3 attorney • general of any violation of law relative to the pollution of"` ,- 7 ;1 ts4 �" HT rA water supplies and inland waters. -1 rC 11. '3. 1886, 274, §§ 1-3; 1888, 375, §§ 1-3; 1890, 441, § 1; 1897, 510, § 1 RLr. - ., ek 184, '�hp': 1902, 75, §§ 112, 115; 1919, 350, § 96; 1951, 448, § 2; 1975, 706, § 4.; `F S r 4`9 J� �K _ yr+ rl • I- '2 + x k y',,�1 T 1990, 177, § 183. Q•`lp , ` . `� " Editorial Notef. — v `' a� 'S5h £rn :4.-, C- '� The 1951 amendmentgave the de artment control over underground• ,i sy r'• e9aw p k'• ss 3 , , , „4 rya. - waters, and otherwise broadened its powers. �fi;y,r. 5 ' _ -1: " 'ai t* . r ex i � . }S ,r_ - "yr4 iY t1.4 �sy fIt':., ' 476 eel . ei; t 1.F ` s yi t 1 �,it "'+ ryk ,r t-;.--,if,':.: -' k e rrgti vS • mSd +• 1 45 y�1. { �'a3 .• ' :',I• s;t k tY4,*•kiaE --•deb #i.y ..'4, ";'.,'s§It_i;s• + 44.4 c,r 2I .:.‘4Lhaa Mz ''- P ,ix iS a4..i t ` e.0 3 3 .it A N .5i k :.7,17,"1 Fv ,f X' -::+ .t M tom• p'' v. y'' y f\'' ' L�*'a! et.' Y!�( Y^w'a` .d c®' S'� 1, Y' it .: i -, ..� -.r1n.9�„ ._e .: ••.ie. -fir l .ram � ap. ri'�.�J§##:E. nq{. ;Yp .� ,� 14 , 2, 24 , 26, 2J - i- + h , C. 128 ANNOTATED LAWS OF MASSACHUSETTS » 1 t S x l r 'b , ` 111. Execution of marketing agreement as not requiring issuance-:4`, > # ? of marketing order; issuance of marketing order as not'e° ft = =� , requiring execution of marketing agreement. } * 112. Applicants for marketing order to deposit funds to defra ,V 4 3 expenses of order; reimbursement on pro rata basis. y ;4 . 113. Assessments not deemed to be state funds; refund of assess. ,g ., ments; biennial report. )- 114. Advisory board to assist commissioner in administration of t. . i` marketing order; membership; duties and responsibilities. n. ,,r 115. Rules and regulations; commencement of actions. ,, a_ tit , ,i t VERALEX®: Cases and annotations referred to herein can gi '' ?E t be further researched through the VERALEX electronic retrieval system's two services, Auto-cite® and , .,; SHOWME®. Use Auto-cite to check citations for form, parallel references, prior and later history, and annota- tion references. Use SHOWME to display the full text of cases and annotations. r., ,Y v i DEFINITIONS e r 1. Definitions. tea-:" a 3'�z : 1 The following words as used in this chapter shall have the follow- i • ra , ing meanings unless the context otherwise requires: "Commissioner", •, j' ,S k • the commissioner of food and agriculture. "Department", the depart- ; x �.. " ment �of food and agriculture. "Director", in sections sixteen to k: thirty-one, inclusive, the director of the division of regulatory services � _ ; : in the department of food and P agriculture. "Inspector", in sections fts ' ' ' ` thirty-two to thirty-eight, inclusive, the inspector of apiaries. "Nurs- .: 1'Si , ery stock", trees, shrubs, woody plants and strawberry plants, :' whether wild or cultivated, and parts thereof for propagation. "Rid- ing school operator", any person owning or having the custody of �. , one or more horses which are let for hire to be ridden or driven, with or without the furnishing of riding or driving instructions. "Trust- 17 ` ees", the trustees for county cooperative extension service. (1918, y 273, § 1; 1919, 34, § 1, 350, §§ 34, 35, 37; 1941, 490, §29; 1967, 28; 1972, 717, § 1; 1973, 43, § 1; 1975, 706, § 199; 1981, 351, § 263.) # '" Editorial Note— > 'iii The 1967 amendment struck at the end of the definition of "Director" "and fairs" fi 7 and added the definition of"Nursery stock," The 1972 amendment inserted the definition of"Riding school operator". V t 202 r rp. 11-1 t is 't A`,t : .. ..dr 4. 3 4 h.,+, '. , a ,,?n..y+ ,9s:' gTd': ♦. a ,.Zydz so 444et, 4-. i,Via£:;°y''IA'..-r:: . ?ti,.",d'', J1: ..,.. >`.. ._...... u r 10 t:Zv..U,. , ;k•pia 6ti,.. 3 ;i s a'' • g. • s,+.y:•--•• 4 `.4 s'' ?i ,+.s/"' --,% Cr.+,;`=r . _.} . t y. t -,. '.L s .X u ,�� : -,1" r `mot ,' •.4.�:. i X•,y°{#$+ i"-44.'-`k1,A+ ,4's><J``>•?X'4, >p<'" !P rn s ` •,k-0 � 9+q•4"tw5ir4,'I 'd'kiPF. +�1'. f` k ': ,p 44'r n .a 4• -a tfratt, igjt'1 f + x...... .:�.''t..I,ed E;I'h?=. t ibf'`z, ar ,.w _. v,..p 4..itA4„$. dFr��ikd ,i_."1 ,x ,!••,. - d d �i. ' 7 i YY '. a .�?.`. i 1''11 i iL�t 1' • R 1 �P ,r1A AGRICULTURE C. 128 !a� 4 ,x i k , i,,,,,,.„!-,,, 3 '.4-- ,'. The 1973 amendment rewrote the definition of"Trustees' Ili' ,,•}f@ 4 k ' -, -. ry r;Sty ;11 �Y...t r,14 ,#'$ KThe 1975 amendment substituted the commissioner and department of food and 1 i: }; ; 'Cl agriculture for the department of agriculture in the definitions of commissioner and '(f i a 1 a`t,f t i,department. 1 i 1 , +; tI V V The 1981 amendment in the definition of "Director", replaced "director of the i a € , , division of plant pest control" with ''director of the division of regulatory services in ' i ' 1. is the department of food and agriculture". ,l, i• , } ;tt 'Acts 1939,ch.405,§§1,2,provide as follows: '1 .a .x ' ',.;..;;-5Pt f� V`SECTION 1. The name of the division of plant pest control in the department of 1 , h , .` l •t 1. , agriculture is hereby changed to the division of plant pest control and fairs. The ,.h ''division of reclamation, soil survey and fairs in said department is hereby abolished, f ,., ° Y°"ind all the rights,powers,duties and obligations heretofore conferred or imposed upon _t,1 i'' t 1':said divisions, or either of them, shall hereafter be exercised and performed by said t zt , ;�k .division of plant pest control and fairs. The employees of said division of reclamation, i`sx, s',,,i,,,-,,1 soil survey and fairs are hereby transferred to, and, subject to pertinent provisions of Q R ? . law, shall serve in, said division of plant pest control and fairs without impairment of s their civil service status or retirement of rights, i i ' x � y{�i, x Z. •ti;;SECTION 2. When used in any statute, rule or regulation, each of the phrases tEk r ". ,4. ,;.division of reclamation, soil survey and fairs" and "division of plant pest control," or ( `4 s f ,zany words connoting the same, shall mean the division of plant pest control and fairs t ' 3 ' g ,+ , 3 ✓ In the department of agriculture unless a contrary intent clearly appears. • i°, ', ,, 3 . W, r:= Acts 1967, ch. 214, entitled "An act placing the position of director of plant pest g r r,•s,r b vM1 a 1 control under the civil service law", which was approved May 5, 1967, provides as •r :i T avr' k ," fit'. to*b follows: 1 ; - IS �' #j uz "t The position of director of plant pest control in the department of agriculture shall, { ' 'upon the effective date of this act become subject to the civil service law and rules,and , M s (-,Ak `' the tenure of office of the incumbent thereof on the date of passage of this act, if still 1 , r $. �i ' ,the incumbent of said position on said effective date, shall be unlimited, subject to said w " + ci .4 3 x' law and rules; provided, however, that he shall be subjected to a qualifying examina- ' s a ? ' �g . ,• tion for such position by the division of civil service,and,if he passes said examination, "'l, , ', Is,� shall be certified for said position and shall be deemed to be permanently appointed ' �' ° I ' 'a '--thereto without being required to serve any probationary period. , a'K¢ r�",,r -i • t`�t, t. *i Via„ 7 Total Client-Service Library®References— Y >� 6 j ` "; `� 3 Am Jur 2d, Agriculture §§1 et seq. �- '•$•H . '` ' +a,L` l A. "Agriculture" and "Farming" Defined. a `•4`w K'' i i. s "Agriculture" and "farming" shall include farming in all its fi� _ .%.? t 7 branches and the cultivation and tillage of the soil, dairying, the z r`�.. r , ;1 'gr di' , rxz ";'production, cultivation, growing and harvesting of any agricultural, ify `- g , . ..�4. floricultural or horticultural commodities, the growing and harvest- • t 5:: h z' d x;` ` ing of forest products upon forest land, the raising of livestock, the •1j '�P,�, ` • £ keeping • and raising of poultry, swine, cattle and other domesticated .z "-} ` a ' ar - animals used for food purposes, bees, fur-bearing animals, and any ' �,? a r R'= t 2 1 is_ practices, including any forestry or lumbering operations, performed• u ' • by a farmer, who is hereby defined as one engaged in agriculture or 14 `a•4 #:-,',, farmingas herein defined, or on a farm as an incident to or in f t ., ;; :. �s - � a 1. .. conjunction with such farming operations, including preparations for c3.2t Y -k market, delivery to storage or to market or to carriers for transpor i� ,,, . +; fi r, 1< "r r r ,,j 203 r Pe '. n r j.` 4 J 1 - *k ,..,-,f ". �. 1 Yc ir31 { i� y 1 i y¢t•re as d" n yxl a ry Nw rl E } t i �UU iy 43'' f 1�} v v, f^(i s •;s n' tiµ N'k d h4 �3-t - • �+ v n i e ." },,tvit+A43,. . i' is '>; i. �; • 1: RtTraC "`'- „ S i°`' t : .t. •, u • • ' �A i,;! 4, i yi �fi x - , �"'y.,,4 r ,•;J . :&; . , '• r .."'i4. * % 5l " x., et4iu. rr +, S' µ,t� ` ; . 1 n L ,,,,.,:i....,:,,., .,'i. y 2 a s-, " f :�dew ,-' i i t 9x'Ns e a � � ft1'k't` .J , t a r tt `dy.{ a th $ 7, a4 '....,'14. �w „,� , 'r c +6frfrY ""tii V,-;, I- » xF,yY1'$'.1q;, � at.? t' ',,''' -f,• d ' PY My - F , $.,,4, '' .w ^, ai.l A,:€., .. ... ',4.It, .ar'alate,z..s ;+ L s,4„:,T1t9.a "?, Y .- C. 128 ANNOTATED LAWS OF MASSACHUSETTS ,.ty, § lA tation to market. (1952, 386; 1960, 181; 1987, 253, approved July 14, s 1987, effective 90 days thereafter.) Editorial Note— :r The 1960 amendment, following "livestock", inserted ", the keeping and raising of t g' a poultry, swine, cattle and other domesticated animals used for food purposes," follow- } r, ing "fur-bearing animals" deleted or poultry", and changed "preparation" to fJ "preparations • 4e 1 The 1987 amendment, following "commodities", inserted ", the growing and _ r harvesting of forest products upon forest land". CASE NOTES ,`' 4-il i "Agriculture" includes operation of v Curvin (1986) 22 Mass App 401, 494 f¢; ' ' ` piggery. Buildingp p . E P gg y Inspector of Mansfield NE2d 42. 5'.•. , . DEPARTMENT AND COMMISSIONER is ,' c § 2. Certain Powers and Duties Defined. fl 1. The department through its proper divisions shall have power to— ¢� (a) Execute and carry into effect the laws relative to dairy prod- ' ucts, animal breeding, apple grading, plant pest control except the , ? I gypsy and brown tail moths and the tent caterpillars, apiary inspec- ' - , tion, and the production, storage, marketing and distribution of i °u Y ! agricultural products. �. -`4F (b) Aid in the promotion and development of the agricultural ar resources of the commonwealth and the improvement of conditions of i rural life, the settlement of farms and the distribution of the supply t r of farm labor. 0.`r ' I (c) Establish a foreign trade section in the division of agricultural fdevelopment and investigate the cost of production and marketing in a -, all phases, and the sources of supply, of agricultural, aquacultural, i 1 floricultural or horticultural commodities, transportation, storage, . ' marketing and distribution of said products sold, offered for sale, stored or held within the commonwealth. ,tz•: (d) Collect and disseminate data and statistics as to the food, ' 4 ' ,4 flowers and other horticultural products produced, marketed, stored 41, or held within the commonwealth, with the quantities available from Kph time to time and the location thereof. l , (e) Investigate and aid improved methods of co-operative produc- ;; tion, marketing and distribution of agricultural products within the commonwealth. 1- ,- d- -,1 . 204 4 ri f i t :II ' .. . + al . ..�. s" � 'A € 'y " ; c , LrA,''r ''' i ., Y ,,,,.'i i . 'wadi C*!;•'af! I' . me # '4 : tx` ,, r 3 " et ,-4k%It cam2 1f,.. .t1 .t , :; ; , 4 , r . rt a= f : y,•s T Y - '..4 ,+,9 q c ,y r 1 .5: t' x ..,s k S „f t a i x'4'`{i$ x e '�.i,y.:af,y r ,'.4+"'.m t i:..; k',"�F-a fE� Y .'e " "s' 7. £rn` #--,a"1? .ky ,4T � �,+ * _�x �, ' :; zt` �,ii ,"'=J-v'�-'': t {f i i .,.,,ittl AunM+a N: .4,*A'f�bl4",,,,L 3 ;¢ ,.9=,�r, ,jii ,�d,,.•:�. .h'"+� i- � . �rt+CA.,aa 4JT1 ys v � ' AGRICULTURE C• 128 . { P c' r ` M. , § i S t 4 i 1' )' ,, ." ;.. prizes for and conduct exhibits of flowers, fruit, vegeta ,t F ,' ' * (f) Offer d� < bles, grasses, grains or other farm crops, dairy products, honey, 11 -,� 3 s * '' `' horses, breeding ponies, cattle, sheep, swine, poultry, poultry prod- w£ h fi. �. ucts, rabbits, hares, dairy goats, farm operations, and canned and 'I > .' a r , fy iA•rM e+ 1;. ;k ' c dried fruits and vegetables and offer prizes for, and in aid of, the 1 j4. elimination and suppression of insect pests. The department may also f b c t�Ya , '.3. offer prizes for, and in aid of, such agriculturally related youth R„ l� .; ,,t, programs as the commissioner may deem approved. To properlyIC"7,F { 4� 1:3' T ' display exhibits authorized in this paragraph, the department may 1 :', :,-,1'y' Yh _. expend such sums as may be appropriated therefor for the painting, tY' renovation, remodeling and maintenance of the state agricultural and i''a'"!,•1,';wr 4 ='h= h, industrial building in the town of west Springfield and in the city of ; 1 , }?r 'j Yt tf • ! +dY a rye Brockton. r (g) To promote, develop and encourage through the Massachusettsa # ,?.. Thoroughbred Breeding Program, breeding of thoroughbred horses t ` { f ,! ,.- £- in the commonwealth,by offering: a cash prize to the breeder of a � { 'K E,. ,,fu { Massachusetts bred thoroughbred horse, equal to twenty five per cent ' = ,a c ?� jd j:.. � of the purse monies won by said thoroughbred horse in any pari- ' Si iyl - tom " r `{ mutuel running horse race if said horse finishes first, second or third; J t .- a cash prize of fifteen per cent of the purse won by said horse to the ,\ ��x,ti��� , ,i��: 4 owner of the stallion, at the time of service to the dam of such purse 15 'L winner, provided, however, that (i) the stallion stood the breeding :` i ,,t, .4, ,;itiii`i4Zz= season of February through June in the commonwealth, (ii) the horse .l:" , f , T , ,, nr i� `' '(r '` finishes first, second or third, and (iii) said stallion is registered with i <� ti ^� ",{; the department of food and agriculture, a cash prize equal to twenty '',„:":...'''''',.i;,.'':-s ; rk.,1 r4} r, ;�,r Y } ;: per cent of the purse monies won by said thoroughbred horse in any = 6 3'it. ; e2tSi. add ��: unrestricted pari-mutuel running horse race to the owner of a �} ��,� � ��` 4 " ._= Massachusetts bred horse if said horse finishes first, second or third. �x 4' w + 4 ' The department is further authorized to pay cash purses for stakes � ��,�,A��� ,` ��7 fi , r races to be limited to Massachusetts bred thoroughbred race horses i- r �/ J from the Massachusetts thoroughbred breeding program at licensed �. f t" � " •, , pari-mutuel race meetings authorized by the state racing commission. _ 1 y� Such races may be betting or non betting races and mayor maynot �t it ' o-w g = •r.AK}Y f k? _� ^��3; . be scheduled races by the licensee conducting the racing meeting. 1���"'� x , 3,�41t, Purse monies paid by the department under this section may be in IC +'•Ii A P �a 4 f` t. 5 ;4. such amounts as the department shall determine and may be the sole g l'• ..r,*2 tl r,Y�4` cash purse for such races or may be supplemental to the cash purses r , ,ti • ^ ,, k established by the licensee, provided, however, that no person, part 4# nership, corporation or group of persons may receive more than five 1 j s :iv, � s :" x ��ti,. thousand dollars as a cash prize breeder's award from the department ; '' , n4. .."� of food and agriculture for an individual horse race within the s ? 4 ,-, xi s' ti _,1.: commonwealth. For the purposes of this section a horse race shall ` � Stu}fir q ,-,'� - f2f1�ti �~ "ii,,, `': mean a thoroughbred race of any kind held within the common- fT }, `F ' ;•Np wealth. �ls-a.'" s K ' •'' 1 R4 ' 205 ,,t. a . ' [x 4a ' '� s ;z A Et t f, ; 7•.,� sX `{ of ,. ',i5 r ,% 1' t t ,..i- d xp,: ,r�7E, } � f 1 •.., ' #s,�r y. �'` }trk, 0 '3l4. ''^'Lttr;;;,'" ,f N t�!4- 17= ',; « ,js,'b , ;ry.L •iv t{ s' "\* ,-;% n X... 1 .a' Affi G 1L"14*%, S ''-.#. 'Y-,.4 ei9kL •A^°,ril:.4�1! 4',4 l 1,." a_ca �� ,., ;'fir. ,„ ,4?C7 yT • , t r-. ri r, ''K3` ?}>➢ „s y- 6 ti a t dF 'Z , « ti' t! T J"' 3+ V '"� q# Pr F`4'17, is > f:�"1;141 1 'i M # t'"t* ' ''''''kl1 ;'' vtT �' p�" ra Pa 7 k 9 aw t+ nt, ,, y a � ia� n � �Y 1m�q{ �F 3,,tfs �p a , ssY ' ' r ., F - ,tK " `• tiiE i d„ 'i< tills 1! ,-'1";,p 0;2:t" ' , b r ::y iRr. , 7 1,,,,'� as t'rL 1 . " ... w t t r ;; [ C. 128 ANNOTATED LAWS OF MASSACHUSETTS 2 ': No person shall be eligible for the prizes provided herein unless the•Lea r is ;" following standards are met: y; s t.w. (1) The foal of a thoroughbred mare that drops said foal in the ' t commonwealth, and is bred back to a Massachusetts registered s„ ,4 t.€ • stallion shall be Massachusetts bred; or rg04Fr 4,., 1 (2) The foal of a thoroughbred mare who resides in the common ` ;j. wealth from the fifteenth day of October of the year prior to foaling, '' r` ' t and continues such residence until foaling and foals in the common 1 3 ` wealth shall be Massachusetts bred. }' (,. (3) In either the case of subparagraph (1) or (2), each thorough : t bred foal dropped in the commonwealth shall be registered with the ;;;• is J Jockey Club, the department of food and agriculture, and the Massa ? ; chusetts Thoroughbred Breeders Association. ,� `• , t, ; ; (4) Prior to the first day of September of each year, each person , 4 • • standing a thoroughbred stallion in the commonwealth at either „ l x private or public service shall file with the department of food and P.' agriculture: (a) a list of all thoroughbred mares bred to such stallion x‘ in that year; and (b) a verified statement representing that said `r,'i" stallion stood the entire breedingseason in the commonwealth. .+� ,_ � 4 4 The department is further authorized to expend up to eight per t cent of the amount appropriated each fiscal year to said program for .' '< ` ' advertising, marketing and promotion of thoroughbred breeding in " ' • t,,, Massachusetts. �; x� (h) Allot to fairs monies for the purchase, rental or installation of h Ft a' , facilities to further aid in the display of exhibits and the health and '< comfort of thegeneral.public; provided, however monies shall not be �z. P . , g�, f, expended on any portion of the fair used for horse or dog racing. � ' i. ` 1 It may also publish annually a leaflet relative to trees and birds, 74. • 1 �4 which shall be approved by the commissioner of education, and may ; ' `1 Y distribute the same to the superintendents and teachers of rural and suburban public schools prior to Arbor and Bird Day. s (i) To promote, develop and encourage through the Massachusetts a ,„.:-� greyhound breeding program, breeding of racing greyhounds in the 1, commonwealth by offering: a cash prize to the breeder of a Massa- 1". ,- , t chusetts bred greyhound, equal to not more than twenty-five per cent of the purse monies won by said an in pari-mutuel greyhound Y greyhound race if said greyhound finishes first, second or third; a ''r.,i cash prize of not more than fifteen per cent of the purse won by said k, is greyhound to the owner of the stud; provided, however, that (i) the Fe • t stud stood in the commonwealth at the time of service to the bitch l and the owner of the stud was a Massachusetts resident, (ii) the a greyhound finishes first, second or third and (iii) the stud is registered 5 f 206 ( A ii t. , .ws•a•°v , t .a r m� a�z `x�"++��� t ""` ,'�" ' � �° 'IX t '�� 1yK' u • E a�cw .' �, X �iA • S � x.';oz-fa4 vK a,i, i1 , ..i'Fri1"-F n _ 4 • 1 •'2,,Li' . , s ',�. pr x f'`2' ,w :.k� ..s`�.,,Fkv 17L. "; Sn �'j: .j,, .r r = ibr,`, „,;, „. a ." t{t, , '1` ;:,5,r+ 'z 4�t,4°".�; f2A ^a �""�' .-� h +fix ,4,"'''..”'" � . - .- +rc t j wr+ s v r...' , � ,,, „fi F+ y �' Y '.): ir. ) * x d1 #. 'Z F •' {{ +n > H.'•4c t7 t fix,. J 4 T i� ( }j Y r 7 5 t d'C : ) ; ! t ' .. • ....I^n t . 4lXc"°S.'' e ' r taeJa y��!�� ��3 y A },,.. ..u4,r�.r`:M1luf.:Yi.!•�h�"+M.S<.t•'Yvf.' x�Y` :•.wY�Ra L't� , t }lesGe .. L. I1 0.1) " :ri a{r', z, I i G f r , r: k, a ti • �F. 2 AGRICULTURE C. 128 ',ts,1 , , ,' ;�,t with the department as a stud standing in Massachusetts at the time N ! °` ;of mating; and a cash prize equal to not more than five per cent of • 1 j 'the purse monies won by said greyhound in any unrestricted part y , _a s�'`ff mutuel greyhound race to the owner of a Massachusetts bred grey- i , ;� - ri hound if said greyhound finishes first, second or third. j a , -• ;- The department is further authorized to pay cash purses for stakes n i 4t lea r ; races to be limited to Massachusetts bred greyhounds from the ' l t 'Massachusetts greyhound breeding program at licensed pari-mutuel 1 ,i,. P,� y j race meetings author• ized by the state racing commission. Such races t, t Eb-sfi), . i r a" +� I,'ra •1 ,; may: be betting or nonbetting races and may or may not be races ` t x �� �! R�• scheduled by the licensee conducting the racing meeting. Purse g iyfw4_monies and prize monies paid by the department under this section l i. r r y may be in such amounts as the department shall determine and may 4 f~; ' R't At- ,E., .i.be the sole cash purse for such races or may be in supplement to the +l ,,fps , #7,. °�''x' cash purses established by the licensee. ee p f t1Pi.. i A n. � Y} r 1 f i No person shall be eligible for the prizes provided herein unless all of the following standards are met: �. a#y }, x�: k :1 ' sY ti { ; '�'' d fit. (1) the stud is standing in Massachusetts at the time of mating and �, 1 � , 1 , E_is owned or leased by a Massachusetts resident; and ir r# yy K N.Y.r 1 l"! Sir (2) the greyhound is whelped in Massachusetts from a bitch owned , {, by a Massachusetts resident; and arb N s : „,;ss (3) the greyhound is physically present within Massachusetts for ; ,�, t ' �fr=` the first six months of the first year following the date such grey- Get, #, ��A • hound was whelped; and ^g Ty jtw!#yam i •i, # y-y, (4) the greyhound is certified as a Massachusetts bred greyhound j, t% 3 '' �, �s r ‘,,,, ,� . by the department. �� t � � z The department shall, with the approval of the state racing m } commission, and after public hearing, adopt rules and regulations for .'� k '` . tt , E• the expenditure of sums appropriated to carry out the provisions ofr : '* ,• this paragraph and for the registration of Massachusetts bred grey- -2: 1 ; h - r hounds. Said rules and regulations shall contain provisions for the ,,� ` � �� �;> eligibility of greyhounds for participation in such program where ¢ G`'R;, such greyhounds were whelped in Massachusetts prior to November ` ikt4-w a first nineteen hundred and eighty-six, which greyhounds may be tx , , ` r�= �, deemed to be Massachusetts bred for purposes of this paragraph. r 40 , rn '\), ` .r 14— <_ Said rules and regulations shall be subject to section nine B of �� » chapter one hundred and twenty eight A, in the same manner as if { +; �$ S 4 they had been adopted by the commission. f ' h�t ` _ ' r l'Aiiii.,',4; "' a'tiists The department shall establish rules and regulations to provide for the expenditure of monies in compliance with the provisions of ! fir- 4'• paragraphs (b), (f), (g), and (i). Before establishing such rules, the �.. •4 it t ? ; h.Y commissioner, after reasonable notice setting forth the date, place e g , i= ra i f tf,r1r f r �� f kl 207 a iig qqyy #p%pTft ' 'r41�a av x1^ ' �l�i C r5'ry ,} .r ll ,1. ,�4*Idt'' �'''r'54(Fll. fix Y� R `tifr�, ,t 'x�w� � ,7,,,r,`.., t{ a� d t n tk Lei ei+-.( v .r' K x �z f i t I ,' :>5S P 4 $ r r , s . 'c'i rr q Y 4 ,S l°d 1 p , 1 a2 it. 4 `.�, T R. 'x4 4 y.. aa,,, 2 r,et k` :.•• , i - - {s+'{I f tx rs , '' ✓it bL{*Y' y!fr;., t -,',,nib i4 e ''* a{y 4", t. ht ft E' u �r4xY�C''1 � rF1`tx`YA�''�,)'yrlte.' • ,4 a - 4:, Y,,.. z- ,, ,,,• .,y, t(As , < . ${'4. r. ..'r„ ^ v_.`•d� ...r _ -,. i^kf'' :`r4i.,...4`1 1c'. ,te'v+4 ;4;, 41__. 41• h .;,L:d't` k — 1 .P`. • s, .v.4, • ,c, •X r i. � v :•'. r �' ,?' ' ,1 ` h ��• ; !� '.ja rAi 'x 'V :,/t } 1,."P'Cvi �4i '�^t f tl AY 'S '3 h ' : �! r��f�r w' i kr; _- M = , r c t'c '"-pax- 'a�*- " ' fix' ttk�:y . ,','' ,h.k illitiait : r�: :<7':w . :,.; *, tcf Y: s�. 1 t C. 128 (f. '°'! i ANNOTATED LAWS OF MASSACHUSETTS § 2 t„it" x, ; , and purpose, shall hold a public hearing relative to such rules. (1852, 143:- 5 142, § 3; GS 16, § 5; PS 20, §6; 1891, 412, § 11, RL 89, §§6, 11, -. it ,4 1909, 428; 1910, 427; 1912, 411; 1913, 319, 590; 1914, 267, 298; 1917, 3. iu 74, §2; 85; 1918, 241; 1919, 350, §§ 34, 38; 1921, 206; 1933, 291, § 1, 1937, 415, § 1; 1938, 230; 1941, 490, § 30; 1941, 598, § 3. 1956 694; , , , '. ' 1k 1 1957, 428; 1962, 558; 1965, 619; 1968, 628, § 1; 1969, 807, § 2, 1971, its¢,• 650; 1971, 987, §2; 1973, 846; 1973, 1066; 1981, 351, §§ 264, 265, �r . 1981, 558, §§6, 7; 1985, 580, §§ 7, 8; 1986, 277, § 2, approved July F 16, 1986, effective 90 days thereafter; 1986, 557, § 119, approved, } �' with emergency preamble, December 8, 1986.) dL 1: f. i i Editorial Note-- TT The 1956 amendment in paragraph(f), added one new sentence at the end. rs:: � g € The 1957 amendment in paragraph (d), made it applicable to flowers and other a horticultural products. The 1962 amendment in paragraph(f), added breeding ponies to the prize exhibits. r.". A' �,' The 1965 amendment added a new paragraph at the end of the section to authorize ;, j the establishment of rules for the expenditure of certain funds. •14%:• ,''' `' ::%: f � € The 1968 amendment added to paragraph (f) a new sentence referring to the offering of prizes for,and in aid of,agriculturally related youth programs. . ' i The 1969 amendment added paragraph(g). ` z; j The first 1971 amendment rewrote paragraph (c) to include provision for the , 1 ",, i establishment of a foreign trade section in the division of markets. ,'" ,r �F- rr The second 1971 amendment added paragraph (h) relative to an allotment to fairs which do not conduct horse or dog racing meetings. -'• s s i ` The first 1973 amendment rewrote the first sentence of paragraph (g) to make it D ' i apply specifically to pari-mutuel thoroughbred horse races and to change the owner's 1 s ? } prize amount from 5 percent of the prize awarded the horse to 25 percent of the I breeder's prize. The second 1973 amendment rewrote paragraph (h) to change a prohibition i r against allotting money to fairs which conduct horse or dog racing meetings, to the - ' t =- prohibition against fairs to which money has been allotted spending any portion of the t allotment on such a meeting. # The first 1981 amendment, by §264 of the subject Act, revised paragraph (c) so that a foreign trade section would be established in the division of "agricultural i, , } '' E development" instead of the division of "markets", and expanded the mandate of such i.- 445 ;.- a foreign trade section to include "aquacultural, floricultural and horticultural co - ' y 3 modities"in addition to agricultural commodities, and,by §265 of said Act,i corn- ' n the first sentence of the last paragraph, deleted "of paragraphs (b) and (f)", after "sums may i. 1 e' appropriated to carry out the provisions". 1 `tt The second 1981 amendment rewrote paragraph by rovidin additional r, guidelines for the promotion of the breeding of thoroughbred horses through the ` T i, Massachusetts Thoroughbred Breeding Program,and said amendment also purports to ` s ! 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. `'. The 1985 amendment, in part (iii) of the first paragraph of subsection (g), after "prize equal to", replaced "five" with "twenty", and added the second paragraph of s 3 subsection(g). . y The first 1986 amendment added paragraph(i), encompassing four paragraphs. The second 1986 amendment rewrote this section adding to the last paragraph a e' :Y 208 '1 a 1 ' r .`; ^.n,5 S x.:r,,., y ^'4 rt j,., ,,,,,r""`a9'€,"y,F', s,. C'.��"'. $r " ,,,t.- -,`. 1,4 x `,. n-'6t,t'.'N a ,, 'CT+ ,i s,Sf.,.4. . ..,! ^°i.r.r✓ a ,i F .y k $•.;ss ,.r.4 l ss�iVMr it Fr y '.i 4ii k ..'14, >w¢. Ea *. ` 'L'. • .a. -• - ta • C A ,,- i t y, ,,µ"' Z A 4 xK r' d as '4+ t. • s_" ti ,„aJ 1}3 ' - ( s` nzr'c.i a'am t y*Ffi , '�*t i� i�,,• f M,;4�,i . t ��1•Vr7v � 15 ' " •1 pt 3 „Y r ^-547loy t01 •. 4. , ,! } , L x . � A1 a r 1 5.t d z'�... r,:,:,' ..'.K..utt.a;,,'� x °' i�`�t, '."a, ,2 .• ',0" ;? r Jys. i {rh ii 4 : j _-' t;r�p,,� ii trtKt t rJ, • },, '*apt, Y� �} �J! ; b 4 � �tie C. 128 l� s ,� �h'� `,i 1 AGRICULTURE r a z 3 g r10r t07 sa,JS requirement that the commissioner give notice and hold public heaein s p -lot i. "I'ti'' 6sY , t�1"�-establishing any rules or regulations for the expenditure of monies in compliance with , also made certain corrective changes. >k F , a1 a 'the section,and ''' t � � ?$ Cross References— w l`� t}` As to organization of the department,see ALM GL c 20 and the notes thereto: 4 $q' ''` � y�. i ea• • Code of Massachusetts Regulations— ° u 6 f "+- agriculture fairs,330 CMR 7.01 et seq. iu Food and "` t' ^ '. . } t !' a"�,;.- Prevention, suppression and extirpation of equine infectious anemia in horses, 330 1 �r��}�,c `{.� x :• CMR 16.03. 1 , , `„" �t� 4 rF:i rr i.' Massachusetts greyhound breeding program,330 CMR 24.00 et seq. ,,s s " i n3-":• Annotations— g g ublicl ij c*.4rt: judicial review of administrative rulin affectin conduct or outcome of p Y l�R ' of" %,''''74 regulated horse,dog,or motor vehicle race.36 ALR4th 1169.4ii t fr ; y< -, t ' i 'i °yi its t `r wx• _ CASE NOTES t 9 K • Expense may not be incurred by send- moth in Europe.2 Op AG 118. a , ▪" purposeFoal dropped in Massachusetts but not t � t ,{ nz,� „iA ing agent to another State for of investigating question of existence of conceived herein is eligible for prize Plf ; h• a s moth in that state. 1 Op AG 382. _, , r c,• ' n* �� g,y p yawarded by Department of Agriculture r,e t� t a , a , .x • ;' Expense may not be incurred by send- to person owning horse at time it quali- t. '*r f , fies for such prize:1970-1971 Op AG 6. . a .- �}N 3 , x r;+ ya p .e ing agent to Europe for purpose of roves- �I }fz.' �' �i 3 " • _ tigating question of existence of gypsy K, ' + r r, i 0 ,4 ,..,.i• L 1 f Y F t £4; v p.a s✓ f i i to .. ..a t ea.„" fi u ��c• ti;141p , § 2A. Horse Riding Instructors to Be Licensed; Fees, etc. Y &ill JF •s • tt No person shall hold himself out to be a horse riding instructor for 55 ;: the commissioner. � • ;.: purpose by t h x i hire without being licensed for such be filed with the �C` i,as i{,�� �, , Application for a license under this section may t ;t*, commissioner and shall contain such information a ree shall p stration feebof • ,�Nl , ;. ,E 4� 5> _. i u W`,-:`_ Every such application shall be accompanied by g lication is t, °`� F ,,`r �'" • ten dollars, which shall in no event be refunded. If an app : "f k,.a " *�,c' ., licant u on the payment of an ,'. i t F•es: ',� €r..t-�4? 'ef approved by the commissioner, the app p ��k= �r t $ 1 ' ¢ ;' additional fee of fifteen dollars shall be granted a license, which shallx 3. y. �?' psi E✓ 1 � ; expire on March thirty-first following the date of issue, unless sooners. fifteen r s s revoked. The annual fee for renewal thereafter shall be • t dollars. p L, AL • .u. ��� p�u�1d , r' t s,t 7 _ 4f 7 x,I" lI 'w as ' w ,. Every person licensed as aforesaid shall endorse his usual siguart ose l� t, provided for such p p t it i f `, j41• on the margin of the license in the space p � r ia� rS r;yY A • immediately upon the receipt of said of losse,mutl t onh or destrulction be valid until so endorsed. In case �P�, ,, proper x „ ra i 0 , 4 _ of a license, the commissioner shall issue a duplicate upon p P4 proof thereof and payment of a fee of two dollars. ly i 4Y „� a s f r s r r ak: g overnin the Ziy kilt, , , • ,• , The commissioner shall make rules and re ulations g g , ,r sb, issuance and revocation of said license, and shall establish the mini- �y { $ d tt,' 209 ' da �t, ) -x ,a ' a ,k' s ft r Ark‘-',. i I z r �"Ji 1 t • { $ Tk csi + i a,} V; j z +,,s 4 Ulf i T ti: i$, 'Ft •'f'� - x- /fir • iYr-v , i., .4„,...;,„, ,-,i,,-,/,...,7.4-,,,,--,--•":-.,. . .ercn. '. NI-, i''';,,ali'l'^'"'''''k ...„,.., IP' --, --,--4,- -AP,,,--,,.;' . - . . , . r u�k , s s 7 Fr` Yt t6, f• 1t�' S2'1iC�'7 s f' ;�, f rI• 4r 0@ tic ;h { tS / M J. 3 x tt��fmi: ',33 - y "'y . .•.s n 1st, roves J i fy d.4. . �„t.,tit 4 l k i' �4ikt f'if r af.�t'' i 45 i T j J • `tl rg". �r :k', i•. i .i.•7 t f s a'_ t af a ��` ,gyp '' -, xqt'„} el,, ,l1?4 W w,..�'i yf4.L'A.4.', ` ''.''*sb Ct _5 a x S ,,'+Ln ii _\ r ,►$i * �n \i4 "v x4 tl,.' a rti �i` s , •i ra rt , A ,!:-` ,'t ? s1 .-4"--r' '- y r 1 a i 4. a 't i t `4"4.44 �J'i''a ; .41R a '� ',K. T "'; 4,, Jam` .'-, ' .:. ; `, f� ,� 4 ��a. ,t ' ^.,i474 ,i. 'e , ` y t A 4'.+ 't v w ''4�.t e`;42 i', tia',sM„•>�+'I. i' 01 i} C. 128 ANNOTATED LAWS OF MASSACHUSETTS § 2A �-'17' rF yy mum qualifications for the issuance thereof. If the qualifications of an applicant meet or exceed the minimum qualifications established by , ,,,,,A, the commissioner he shall be issued such license. (1972, 527,) r 11 Cross References— - z• As to licensing of pet shops,see ALM GL c 129§39A. zt is a ' Code of Massachusetts Regulations— s,. x. �: ,'s �I 'x � Horse riding instructors,330 CMR 16.01. ,4 s1 y}, '< 1. , t § 2$. Operation of Riding Schools and of Certain Stables ,1��4�, I:, Licensed and Regulated. ' fii,!;:',-“, t ; Every person engaged in the business of operating a riding school tr`• h' ,�, ¢ or a stable where horses are kept for hire, shall obtain a license r f4 therefor from the commissioner, the fee for which shall be fifty K ,,,,11,, -, .. - :',-'` : ' '...'i r 1 .+ dollars, and such license shall expire on March thirty first following ;;, fi the date of issuance, unless sooner revoked, The commissioner, I.r,� ,,.„_;..4;,,, '`1 subject to the approval of the governor may make rules and regula i 1� tions governing the issuance and revocation of such licenses and the i ' ` '4` conducting of the businesses so licensed and relative to the mainte w ` `, ; }' nance of the premises, buildings and Conveyances, the health of the i 1 iI horses or other equine animals, and the method and time of inspec tion and checking of said animals. Whoever violates any provision of `'�d�^��. ' ri," .� i' this section or of any rule or regulation made thereunder shall be ;:liiiiii.)...,:•h1',- \t t s tt punished fora first offence by afine of not morethanonehundred > �d 1 dollars and for any subsequent offence by a fine of not more than five . , i y i hundred dollars, or by imprisonment for not more than two and one • 1 � �` t 44.3 ` i•l half years, or both. (1972, 717, §2; 1973, 43, §2.) x ''.-4.: a L 4, }' Editorial Note— ` f*'. • P' is The 1973 amendment changed references to the director to references to the =`rE. 4.V. ' g},'% i' , commissioner. ' ;• X,'t +', Code of Massachusetts Regulations— �; . z'` ' Horseriding school operators,330 CMR 16.02, ,., F � ..LLd}, . l - ,f' x` f' \ ., § 2C. Agricultural Fairs; Administration of Drugs to Animals : l II wfir, y �{: Participating in Contests. {.` x �;; No person shall administer or cause to be administered any drug, '>,y_ � , r internally or externally by injection, drench or otherwise, to any t - �� 1 ' rf �; ,. {i animal for the purpose of retarding, stimulating or in any other r • f. 1_ x manner affecting the performance of such animal in or in connection \ 1r of ,' = t,t-.L with a contest conducted under the provisions of paragraph (f) 4 i 1 section two. Y 4 g K.t. I 210 J 'l � � i� : I F_... .. ._.. t ._ . t1 a3a i• „ �ti,, > \t} ro ,.f t�4 i aa..• t r7 ,n ,,,� ; 3' "'?1"'ce . .. �Y ..5n ., .. i.f._ . ._ a ..\...✓Rf z.Y _ _ .li.'"•Lh'!d.{`. " .'Y . _"» . 1., " � ... .. i-..-. �.w w�..�_ aw +a ,, ra n , ,£ ; ;u . ?1,;. ' !4,' �,llV,7akr, '• ,t+. ` ,9�..r "°b,' icX!y:',;:c ry'zF. "4,,, +4q 7 ,r.. �4 '. • T'xxt" �• ,vS k fyt 3.56 'k "i:h Nd3 ; � t , c ai f i 1. i 7 j f�r �{. n y_ t ,it„ ,a 1 ,', p F t -;m ! ��'E {' i u4 ..,,IU, t,;,,,,,i'iMg 'r- :*.ems'�.g L Y C. 128 ANNOTATED LAWS OF MASSACHUSETTS §, 1 ;,' TITLE XIX AGRICULTURE AND CONSERVATION a , CHAPTER 128 fiat Agriculture "°" , New Sections Added ° Sec. 2D. Sponsors of, and Liability in Connection With, Equine Activities; Required Warnings; Definitions.- ' 2E, Limitation. of Liability of "Pick-Your-Own" Farming Operations t and Their Personnel; Posting of Warning Notice. , µ 38B. Massachusetts State Exposition Building Maintenance Fund. ' 31 1 DEFINITIONS ' ' § Definitions. F • `, ,, Research References- 6 Mass Jur,Property§2:7. ,; ,.4... § 1A. Farming and Agriculture Defined. 4 ;' ; "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultiva- tion, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest prod ucts upon forest land, the raising of livestock including horses, the keep- ing 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 opera- tions, performed by a farmer, who is hereby defined as one engaged n a ed 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. History— Amended by 1989, 225, approved July 11, 1989, effective 90 days thereafter; 1995, 38, '^'-- § 142,approved June 21, 1995,effective July 1, 1995. .v Editorial Note- 11''' The 1989 amendment, in the first sentence, following "livestock", inserted "including 4 horses". 44 For later statutes and case citations,see Quarterly Update Pamphlets. : ,` #x'".:e�"Z 'r Y,,^t•:F 7k' ,'1:0�F. 'tf y ,„. , a."� ,t.r,; yF -;*i q1 sue+,0•,..k45 •w1�a .rv. :�` _,r'".' .. i ,.s+'F!",$ `;x}`` s. S%d .�Lt�..��Ac s'ti+.s t�j �, n 3 , r E • 4 n :• ' n1 4 3, S 'i1 9 i} � v dz kP,l1 nYY:.�t s-h ;4 t a� ,� :� w�*�'' 6� ��' ! 1 r'} r + � { r �3,;� 0 �} '�', Y ' ��' _ 4r » � ia '+ y ,9 r ° 1 . ! s c '4 ti r? ' t„r '.N a4:£:f'.'M+1,yb h$+e "iti f!�.�`4;.e, 3 4 t,t-ii.H#: �t7'N. •` : €,,4 r� 'i' Mt N.tf�:.as' ,k.�i1'G14, �f - F t:L ,2 SUPPLEMENT TO CHAPTERS 124-129A C. 128 ' f The 1995 amendment rewrote this section,adding harvesting of aquacultural commodities * q,•dthe keeping of horses as a commercial enterprise. =! AY l'7". r.1 Research References— 1 t `'j4 ,Mass Jur, Property$ 19.27. ,1 y 22,Massachusetts Jurisprudence, Environmental Law$ 11:75. �* :4 CASE NOTES 1 r *. ' Iandowner's proposed use of 5-acre por- or horticultural use of land and therefore was 1 non of 39-acre parcel to excavate and re- subject to zoning by-law prohibiting com- .4'14 t I t, k tt fi,'''' move 300,000 to 400,000 cubic yards of mercial earth removal.Henry v Board of Ap- n x �'j ,, r gravel so as to allow for access to"Christmas peals (1994) 418 Mass 841,641 NE2d 1334. {tree farm"was not incidental to agricultural -.40 L. �y DEPARTMENT AND COMMISSIONER '° A t t y�,�,r 3 ! . 4 w d}, x i.As a §• 2. Certain Powers and Duties Defined. •� , 7 y�'s r V. Vd; The department through its proper divisions shall have power to— {�y Y`, ;t w ' i [No change through Subsection (f).] 1;4,C7r , ,` " 0 "#` `yt'' , '7* Promote developand encourage through the Massachusetts k ,s K ;, 37`t ` (g) g g r -'� �. bi.:Thoroughbred Breeding Program,the breeding of thoroughbred horses ,,k4 Y, ; 'z •t :� tr.�'.;,•, ti4 , h �, F,c in the commonwealth by offering cash prizes to breeders of such horses .?' '� % '': w.>:. in the following manner: the Massachusetts Thoroughbred Breeders ';1 , x ,.�`; ` °° ,' „1, '•' 1`a, ,j' Association, Inc- shall from time to time in consultation with the chair- t # h, , '4' it.'.., # ;; i man of the racing commission and the program manager for the equine ., :.division in the department of agriculture set the percentages for bo- - ,, Y `' '`, `; : ' t+ -' ., muses to be awarded to the breeder of a Massachusetts bred thorough- , �fi ry� y zp 4 t. bred horse, of the purse monies won by said thoroughbred horse in any x' t'Y t , 4 q • ", s '; pari-mutuel running horse race if said horse finishes first, second or t ., , .°!',,' , • ' ' 'i' 4, t third; the percentage for a cash prize to the owner of the stallion, at the :'xfirr u, = i-,..-,time of service to the dam of such purse winner; provided, however, a� 'ri :Y :`„t " ,: that (i) the stallion stood the breeding season of February through June ,. 3 i in the commonwealth, (ii) the horse finishes first, second or third, and ; r" �. `a (iii) said stallion is registered with the department of food and agricul- y z ., s w . `'�' ture; the percentage for a cash prize for the purse monies won by said fi F,' • . , � „ thoroughbred horse in any unrestricted pari mutuel running horse race °: + >: ` , 4 : to the owner of a Massachusetts bred horse if said horse finishes first, '' second, or third. x 7-7 The Massachusetts Thoroughbred Breeders Association, Inc. is fur- n ther authorized to pay cash purses for stakes races to be limited to Mas- f • sachusetts bred thoroughbred race horses from the Massachusetts ,,., xr ... g � • -, thoroughbred breeding program,at licensed pari-mutuel race meetings u authorized by the state racing commission. Such races may be betting 5 . -: or non-betting races and may or may not be scheduled races by the - - . licensee conducting the racing meeting. Purse monies paid by the.as- - sociation under this section may be in such amounts as the association ,p { {i k4,„ t a ( y :0 shall determine and may be the sole cash purse for such races or may ;N, ' .45 .r a ,J ' 'k a F i•>: ° 'i. ,r,, 1 be supplemental to the cash purses established by the licensee; pro- ff r, , ,, ,,,F 5 t,, is , vided, however, that no person, partnership, corporation or group of ,*f trY.� .� '`' persons may receive more than five thousand dollars as a cash prize � . a4,N y , , � „. n 4" ; ...,.... breeder's award from the association for an individual horse race within Y ,ti = rs , < For latest statutes and case citations,call 1-800-4463410. ,fvv,e� Y� ,./'{ 'Y^`.'4.�`�4 r " '� a' '4 ' t P-_ tW t 4 ,,—, '3�,Yj .l. u. ;' x J. 1," " a .`i'T. f t ,.. .;.., r x "rt, +M""'+`F€7' vP "t . .. ( ,Fa -+Y 's*�• e is r r c r -•r Ym �•t v :.0., �, ,r t3`. '$u y- .:., t n.-3b* ,rat, r. arm° -; ,, 7a r(' a ��.- - ak -. - .. °-. - .- .'. ' r, -�_.. }+,F.-. .:'� `�,,-n a•i+. "fi':riil��nssai�n. �* }+ �..+.bh �r ss ';"w` �' �..+"" ; •a.�:: .: • s?: '` a• x� n ,:,,---0 r 4.as' i "`L-� ' ; e,a 1 Fa , -'T"44-k,-- f--'"�• x+ i y :d �i 1,"r .-,- ,.a y i-'y • �-x ''4,,r" in 4. � kV �4ie' ffro1, 1 ry1L + a1,� ' mse . Z 74v t x r 1 •r F , }a ? . .: 'i; ? t � «&�nXq ���. } ;0 } } 7S."b' ' &; � k�+S `5 " 4�4.a� iYi�w{ a A .. 1 :,.aka a� 1i,' C. 128 ANNOTATED LAWS OF MASSACHUSETTS 'i f , . Li„Y 5 the commonwealth. For the purposes of this section a horse race shall 44 11 , mean a thoroughbred race of any kind held within the commonwealth except at fairs. „ No person shall be eligible for the prizes provided herein unless the } • following standards are met: (1) The foal of a thoroughbred mare that drops said foal in the `' commonwealth and is bred back to the Massachusetts registered stal- o lion shall be Massachusetts bred; or ,, (2) The foal of a thoroughbred mare who resides in the common wealth from the fifteenth day of October of the year prior to foaling, tf_ ' ' -...110 and continues such residence until foaling and foals in the common- :` ' kjit wealth shall be Massachusetts bred. • (3) In either the case of subparagraph (1) or (2) each thoroughbred 4 , �' foal dropped in the commonwealth shall be registered with the Jockey Club and the department of food and agriculture. 4 Prior to the first day of September of each year, each person le standing a thoroughbred stallion in the commonwealth at either 'r - ;'t 1.'1- ; private or public service shall file with the department of food and ,,: _ �"f`= agriculture: (a) a list of all thoroughbred mares bred to such stallion , ,, ,, ti_ i' ;',i in that year; and (b) a verified statement representing that said stal ' , m 3 lion stood the entire breeding season in the commonwealth. - r4 I ,;" ;1 .� ` The Massachusetts Thoroughbred Breeders y; , ,.,y � err "a g e ders Association, Inc. is k d, .1,�'' hereby further authorized to expend up to eight percent of the amount l', ,. = 4 '-'^ ,,', , . received each fiscal year for said program for advertising, marketing, }} ' rr f , ''i •, promotion, and administration of the thoroughbred breeding program '� t `r? `R) in the commonwealth. RiF Ar , 4' 'vy 4 " � The state auditor shall annually audit the books of the Massachusetts 4 r r , Thoroughbred Breeders Association, Inc., to insure compliance with 4f� � • o • r } 3 ,5�} ti� f this section. ' [No change through Subsection (i)] 1 :fair E r` x ci ..a �r.`<a .- ,, "; E'' ;. . , (j) Promote, develop and encourage through the Massachusetts Stan k f t {, z ,� Az dardbred Breeding Program, the breeding of standardbred horses to i;" L,. � the commonwealth by offering cash prizes to breeders of such horses in g`r , { 7,Y.. 4�,� 4 the following manner: a representative organization of standardbred .' f breeders and owners approved bythe state racingcommission, shall, . � �• PP { A , ` `t.,or-_ from time to time in consultation with the chairman of the racing com- w . ss„ }, mission and the program manager for the equine division of the depart f <T 4 ment of food and agriculture, set the percentages for purses and stal lion awards to be awarded to the breeder of a Massachusetts ; ",rtr r standardbred horse; provided, however, that a maximum of fifteen Y :`:% percent of such sums shall be awarded to'the owner, or lessee of the ; t, , `` `a A'' stallion who owned or leased such stallion at the time the stallion sired #t y'. a Massachusetts standardbred horse. r The standardbred horses and stallions eligible to participate in the . purses and stallion awards provided herein shall be limited to those of racing ages two and three and which have been sired by a Massachusetts w, ;. registered stallion on file with the department of food and agriculture, {, -. } 's provided, however, that the stallion stood the entire breedingt season of 1st-:- if t. ' ` For later statutes and case citations,see Quarterly Update Pamphlets. i 4•. 1i ti .. 'nod•:. � :'�•. .. ... .,r _ti -.-. ,. .. r _... ......i.t.. ......,,,, , ,i, a i T,, t• 4 -' t 4'4 Y2 (k ..,y A ', Y..Ew i. ui e f -,t ' i fr .. �y 4 ; 1 7'4, . P� $ . ... 4 '��: �,. X. F.tx! .i ,•" ), +., , ir. '•',+e a N,.,,,.kii x-W'•,1,�.• vv, i3 .,) ? 1:^.s N �",•_"^4.ar 44,f. h )4 c- l r i p>�Wk .;t4 T • AYE e�,3, '4';4i Yr 4 a htY Oar ; f i �` y fro • '' s p�} � r a'�� � l• .�3 A 4 z_y, t .{j•7E :. r { q {y t.,, 8y f { tit ,y a 4 Y l'xy. y Nf• . w a4NNN"'y ,xg ti •a e r - t $rot `T f ,>a , firer„t�s x-: 4<,.,Its., .1. ,r `...o tl 1k 1 Y5''w7f,L—4. ?:�+-44' irk sr w 4.`yfi`t;. 'z4-2 SUPPLEMENT TO CHAPTERS 124-129A C. 128 '-‘',4.' ' t . 'February first through July fifteenth in the.commonwealth in the year x ti • any.'such eligible foal was conceived. I. a„ c :The representative organization of standardbred breeders and own- t)4 er ers approved by the state racing commission is further authorized to pay ;�� cash purses and stallion awards for stakes races limited to Massachusetts € ':l;red standardbred race horses and qualified Massachusetts stallions «% r, I 4from the Massachusetts standardbred breeding program at licensed 1 .= rpari-mutuel race meetings authorized by the state racing commission. f, i } 1 Such races may be betting or nonbetting races and may or may not be ' $ ' S 0 t T/ij q scheduled races by the licensee conducting the racing meeting. All races k. b ) § �,,"�� k for the standardbred breeding program shall be held at a licensed pari- r. ,' ,. ,. i'.`T`' Fstmutuel facility. Purse monies and-stallion awards paid by the represen- ; , ..4: �;t' tative organization approved by the state racing commission may be s bra { ° •` y " paid in such amounts as the representative organization shall determine • Wand may be either the sole cash purse and stallion award for such races �,, or maybe supplemental to the cashpurses and stallion awards estab- _K ` t M 4 f` ` : 0,. •.., PP � t 4 >. 1lshed by the licensee of the pari-mutuel facility. ;�� ''- f,, �'c•,�:_ • ,�, `44 gr ; ���.�, nt Prior to the first day of October of each year, each breeder standing z, tom ; , a standardbred stallion in the commonwealth at either private or public , ,� n ,L - • a . y4,, 'service shall file with the department of food and agriculture: (a) a list ;. 'I': ;": .• r ;, x„.�.,.t s ` .. X tr of all standardbred mares bred to such stallion in that year, and (b) a , ,, ,,' 1� ,a T f , - verified statement representing that said stallion stood the entire breed- • ,„ a s S s,., ,µ- , ` r ing season in the commonwealth. , -' 4.4 xi ‘-, The representative organization is hereby further authorized to ex.- 'E t, :'� �, Pend up to eight percent of the amount received each fiscal year for said ` , a program for advertising, marketing; promotion and administration of � • ` the standardbred breeding program in the commonwealth. ,, , yy;', 4.` y _k, l' t The state auditor shall annually audit the books of the qualified , i,'Y 1•. . _ ?'-'-*organization :-r?' a4 3 t, �' ?Abf�kr sp 3• J.iN � 'a� yt organization to ensure compliance with this section. a� z. r� v� , , , ��°.` History- -;Amended by 1991, 114, § I, approved July 8, 1991, effective by act of Governor;July 9, ' s 1991,applicable to licenses applied for or granted for racing to commence on or after Jan 1, ' r r ' '1992; 1992, 101, § 1,approved,with emergency preamble,July 6, 1992. i s fir.: Editorial Note— . t t i, { The 1991 amendment rewrote paragraph(g),making the following changes therein:in the a', a .„_< first paragraph,changed the provisions relating to cash prizes,which previously provided for specific percentages as cash prizes, in the second paragraph, substituted "Massachusetts ! % f k "s- Thoroughbred Breeders Association, Inc." or "association' for "department" or "depart- ment of food and agriculture",in clause(3)of the third paragraph,after"Club",deleted the comma, inserting "and" in its place, and following "agriculture", deleted ", and the Mas- d rt„ sachusetts Thoroughbred Breeders Association",in the fourth paragraph,substituted"Mas- 1 'sachusetts Thoroughbred Breeders Association, Inc." for "department" and ", promotion, 'and'administration of the thoroughbred breeding program in the commonwealth" for"and = ' promotion of thoroughbred breeding in Massachusetts", and.added the last paragraph 5 t requiring an annual audit. i= - -, " The 1992 amendment struck the last paragraph which read: "The department shall t, �, , establish rules and regulations to provide for the expenditure of monies in compliance with the provisions of paragraphs (b), (1), (g),and (i).Before establishing such rules,the commis- y a ,• -,*); tit ,f, , Y' !", ` a1 ; sioner,after reasonable notice setting forth the date, place and purpose,shall hold a public p ` t,4r . ` f;, i't, hearing relative to such rules." and added subsection (j). Section 11, of the amending act, 1, �s,��,r h r4 b5,. , , provides as follows: 47 r`+ti v, ,, rt r,, ye ail k t wt 4,,s .�,i0 T '�+.n; For latest statutes and case citations,call 1-800-446`3410. '%;` `"°j{ tS.F Ti .110�ii -c i `r '}:- �' m r. t t3 a is,x T ° j M "+ tr ' 4 y .F y� 0 e-ayj' t P' 4t '''z `r r -rrr.,,. Z ,- -Tifr �] q t rs l,° , ' c.,Z 1 }1-4, ,}t�i xJ ,t.,.i.'o `4 §1 xk , �3 r, ;adi{A k• '..y ','.,,'. s,'t •• ei m,'t rf.ar}rrr iry rt s ,,I ' iL*,,,i ar n -'.1 .;i n,A•X,Att,'t,+ -i i:,.1 f.i N, Wx m 3 '; ('` ._,,•••„,"-,`,: s. a cif-'r + 'Y ., ;; .a v,9 4!:!, 'G�y 4-1 ..p 4 k},"f -1' 3` 7!-a o`'.,hq� W, r`.� _ t } 1 r. ": ii. µ f�i ^c.tee �{ `• _ ��. r� 1� '' -Jy• -'' -co x *4 , ', � d _ tF 1 1 , 1 �, 7; ��s ,r0/.� ,, i Rrw+ S r � ' ;a ` r ' .L...+ 4. vt +` .. rater C. 128 ANNOTATED LAWS OF MASSACHUSETTS § 2 t r`v i ac SEctioN 11,Notwithstanding the provisions of paragraph(j)of section two of chapter one F l ca hundred and twenty-eight of the General Laws,for theperiod between Januaryfirst,nineteen ;, Ql �r. ��'#c. '� , •, hundred and ninety-two to December thirty-first,nineteen hundred and ninety-five,the only fit11! standardbred horses and stallion awards set forth therein shall be those bred during the iSaT E ,:, period between Februaryfirst,nineteen hundred and eighty-three and ul fifteenth,nineteen July fit'•-..,` hundred and ninety-one or the foal of standardbred horse which was foaled by a stallion rc ' i'` which stood the entire breeding season between February first and July fifteenth in the corn- (;) monwealth in the year any such eligible foal was conceived. 4` .a Beginning with the nineteen hundred and ninety-two standardbred breeding season,each t. standardbred stallion must be properly registered with the department of food and agricul- ,., .• " 't ture: For the nineteen hundred and ninety-two breeding season only, the deadline for .7 t ; • �' 1 registering a standardbred stallion eligible for stallion awards and whose foals are eligible for -. }s spaa cash purses pursuant to this section and section two of chapter one hundred and twenty-eight 1 L'• = shall be July first, nineteen hundred and ninety-two and each calendar year thereafter, the s.•-a: '. 4 'i deadline shall be January thirty-first.. ' -)4 j § 2D. Sponsors of, and Liability in Connection With, Equine Activi- ,1 ",,` J; t„ a?z,', ties; Required Warnings; Definitions. ` i ` t< �,. (a) For the purposes of this section, the following words shall have the ,'' tE following meanings:— ' , } " "Engage in an equine activity",riding, training, assisting in veterinary - treatment of, driving, or being a passenger upon an equine, whether k _ mounted or unmounted, visiting or touring or utilizing an equine facil- r'i' f r � ti x I), a`:` ' it• y as part of an organized event or activity, or assisting a participant or Ito, 1 -,Ait ,% C• ri show management. The term engage in an equine activity shall not . E t include beinga spectator at an equine activity,except in cases where the �� �, s��, ,�;F �� P q P is .E 3 u r�� . t F spectator places himself in an unauthorized area or in immediate : 1(1 - t� , 4i Y vproximity.to the a equine activity. f F F �, ,f`11s q y equ F; , �` ' * !; "Equine", a horse, pony, mule, or donkey. Aim .. t ; k.x ? e ' ;, 4t.' "Equine activity" (1) equine shows,fai-s,competitions,performances, ; par s ,, i,', � ,* �:� ' or parades that involve any or all breeds of equines and any of the as t ., •4. 3 6 �„ '` equine disciplines, including, but not limited to, dressage, hunter and 3 'sen "=it- , If r; jumper horse shows, grand prix jumping, three-day events, combined rec tt r; ; " 1- training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, oth English and western performance riding, endurance trail riding, fro. r• 4 . '1,..., �,� gymkhana games, and hunting; (2) equine training or teaching activities > ;( p 1 . or both; (3) boarding equines; including normal daily care thereof; (4) 1 tio: t- , a riding, inspecting, or evaluating by a purchaser or an agent an equine r t • , belonging to another, whether or not the owner has received some 'act a ';4" ' monetary consideration or other thing of value for the use of the equine 3 act ' ' g or is permitting a prospective purchaser of the equine to ride, inspect, ;:: 7 4 = . ,%, or evaluate the equine; (5) rides, trips, hunts or other equine activities s ?.. ,,xtt•4. any typeimpromptu sponsoredby .r� � �k �., --7- ,' , of however informal or.im rom tu that are � an � � � ' �; • ;; " equine activity sponsor; (6) placing or replacing horseshoes or hoof ' . .t- Y .� `ti trimming on an equine; and (7) providing or assisting in veterinary .,,,,Am treatment. VYr. "Equine activity sponsor", an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or � ,p �{:: `. nonprofit, which sponsors, organizes, or provides the facilities for, an 4. <,, x° . equine activity,including but not limited to: pony clubs, 4-H clubs, hunt -' If x., c�k. clubs,riding clubs,school and college-sponsored classes, programs and si N� w� '4 48 1.4 YOZate; + I {{ For later statutes and case citations,see Quarterly Update Pamphlets. hF -rt?,/t _ n Y` I: a } �n.. 1 w+s . ' , ,ty4 ,74-+7� ,1,, ' . ty.r .1,;'� r.* .t ,�j7.7 ''':a 1'.',`i`l t.•• - a a `� s } si - F .;—,4, a i, � t rr � t_- .' rt > -5, H is ''' 11'x+_., _ - st•.f . _.ii a. F i .', 1. ra, :Cr' if :' a.tsc m_..' Ft, ' . - . . >t . 1. . s, . ` . :�._, .'._ i_ '7f__..t _ e..... .; ... ><0. f cF." 14 :±d.F: .t r ' f/..:_, %�G 4!1. t"c�- ik., s X ''sue' ,, .sr s Fp"Gon '.,,r?t ',70 s,„ q,,,,„.tifi n k�F ' . ' .s ? �,j s�at"! ap c Y `' t 44.� Q' •!..,', 7: 1ri r�r , YV y yrk.,} 4 yv 1,7. "� s "yy ' ha s ; a Y•; #s e, s w o- fi Ar 4 +a :t 1, 4' >,,r.� ir, 91 a" r' 'r} r .t 4, 1 • v r e-' 4 [ .0 k �e .r i. CC. r t s a- �r �'sT -t t' '"i � s 4 �`1: 1 L f a'' �,,, Y x s ; .s 't t t.'• m' { , ft ,. l,{5r t • it 1 - 9' 1 kl. \y4 I $`AAi -i 4 4 Y{ S 1 4 L r r $'. I - ,; „ ° 7,,hy {£' i , �g - jY • ',' , t.':kl f tt y,,= tl:'a�r 4_"`a _i +x� r f.,E x ?u,• ,..r,Ffi � '....,-_,..,,,„,,'1 -6s....--rd s ': F,3 dd* �s�,*P 1J t}�d W: '�e4, t i,a;aY:,}rk>rt+'riK.. ut' -.t, � 1 4 �` as {'t #l.ra t a e x � fi 4 } y. ✓ f k '1 `Arttp a 2D SUPPLEMENT TO CHAPTERS 124-129A C. 128 } • , 9,�1 7S ��,,�``Y"�. 'iy Spy 4 - ,l , activities, therapeutic riding programs, stable and farm owners and i ti P operators, instructors, and promoters of equine facilities, including but 4 �; "4 riot limited to farms,.stables, clubhouses, pony ride strings, fairs, and • fi . arenas at which the activity is held. Equine professional", a person engaged for compensation: c { , p"'"^'(1) in instructing a participant or renting to a participant an equine `1.¢, : . 3� for the purpose of riding, driving or being a passenger upon the sf t `F, .'' y ! }� equine; (2) in renting equipment or tack to a participant, (3) to g , dti, j� 'TA...*` '` k ~ , '1 'AAA am �t provide daily care of horses boarded at an equine facility; or (4) to k • 4r s, ,t V. 41, a., t,� . •; t�rtrain an equine. .,. r ,S ,*, _ ' 4; "Inherent risks of equine activities", dangers or conditions which are "„ f�' ''F „, £ M Y a' �;; : �� an inte alpart of equine activities, includingbut not limited to: �r{} _, ,,,,,,,.,-,,,,-,4.{,,,,„,,. . ?,fsr �5 gr q ;: � t #Y: " -, (1) The propensity of equines to behave in ways that may result in w 4s 7 P¢ s N1 rt Injury, harm, or death to persons on or around them; (2) the Y f , r a�„ •t ' 9 ,', 4 a -.;' 9 hr +.Ai' , 'F 'I..; } a unpredictability of an equines reaction to such things as sounds sud-. t , , u ' den movement, and unfamiliar objects,persons, or other animals; (3) �1, s; 41, , V:t'ali ti ;3 ' ,' ;`Pt '.¢,,apt ; s,, iY `{ certain hazards such as surface and subsurface conditions; (4) .col 1- .,,-,;,,;„,.,. "p�ii; �k' *r f: jt" sions.with other equines or objects; (5) the potential of a participant `. , F= , -t„ 'X a" "�' 0? 14"'t ': to act in a negligent manner that may contribute to injury to the w. �"� t `q�° f M.V i L'F.. b participant or others, such as failing to maintain control over the £ , °h ,,' 4 rx z ;r� .`;r r � . animal or not actingwithin his abilit a w a, r y• ,{ „,• '.a�#_r ,i, s w r 111 -4 Y'S ,y'e {A f$ "Participant", any person, whether amateur or professional, who i e �, x" g engages in an equine activity, whether or not a fee is paid to participate ' ' =`' '^a'�.; '; � � b n t ' in such equine activity. ° J t YF•'w r y.. 2 r '(li) Except as provided in subsection (c), an equine activity sponsor, an tits" "i'; 3 l' s�,',t j$x , ' y � ; e uine professional, or anyother person, which shall include a cor ora- i = '" t}="4' x . �. P , P P rr k� ,)4 ' `''.1,-''.'”' r?s ti1.-, st, ,i;. � Lion`or partnership, shall not be liable for an injury to or the death of a ; ,`� t'' x �j,,.- ; .• participant resulting from the inherent risks of equine activities and,except ,ry.r s y '- as provided •in said subsection (c), no participant nor participant's repre- -,' = ,rk`� '7' °r .' ' >i. ` '). sentative shall make any claim against, maintain an action against, or fi �< i z* r 4 7 ,, recover from an equine activity sponsor, an equine professional; or any ; 1 sir y" . ,x <� '� other person for injury, loss, damage, or death of the participant resulting k` . from any of the inherent risks of equine activities F• � * .-(c) This section shall not apply to the racing meetings as defined by sec- s fit, w lion"one of chapter one hundred and twenty-eight A. i a �" tpa" " ' # # Nothing in subsection (b) shall prevent or limit the liability of an equine „ �,* �, } activity sponsor, an equine professional, or any other person if the equine ",. ,< M , ; activity sponsor, equine professional, or person: '= , (1) (i) provided the equipment or tack, and knew or should have 4 known that the equipment or tack was faulty, and such equipment or r:'t fi ., tack was faulty to the extent that it did cause the injury; or (ii) provided e t A f `fir,, the equine and failed to make reasonable andprudent eforts to = -'determine the ability of the participant to engage safely in the equine ik. activity,and determine the ability of the participant to safely manage the t,t. ,, yH ;: particular equine based on the participant's representations of his abil- °� F A ( _ . t ;; (2) owns, leases, rents, has authorized use of, or is otherwise in law- . u-4��p,�.' ` is' , x fi u�,. ,, `°z• ,;`r �. F ,„,y ,,, t, E Ids i i€,k.� b-emu t?R.q,,,t fulpossession and control of the land, or facilities upon which the t r}p r' 1 y 1 � ^". , T i s ��49 +. ��i „ r i.tti. Oro , ,t '���_�y,�--:� tii- �cti For latest statutes and case citations,call 1.800-4483410. .t+,.,_, ?mot, '.1, , 4,2- i it IV ,,,;!,4 ,i'Is- Y na, e`" sfif, - y L s r r3 - sGrR Y ,tQ'+y's5., t # ,41ir i'�- .y`,-{ YR':q c,r r,,',��:;` £ 6 �rt'� �,t... a �'S°y,i„„y�},t ». ',! YtK a 1si'?, ':gri yr e,§a" F' .s'f ,t - .{ :4, r S;Cts3. 3� } ...$'' �3r,�.,- y A i.. t yB. -1,,,, Y t L Z� t 1r:tc- •L`:- se , - s[k t ss ,i, ti '3 r �t ri; t .'. v§' ,-$l.. "!'`t➢ 3j-W." < W-Is'-'a.-,'s .1 ic ,�3Y's 1 s ,',:,1,,,,,,,,,,,:„..,:;,*,,,-:*.„- y.',d,+_m w i,Y L f ., 3rhixyl $#4xa,.: ; . . , sy , r p x s �t. :7. r. t :r� 4 ✓ F R t n '. "�i ��@.k s1..,t a r ,w.y .4 ,. ( d dk . h iti: is y. Gs t €' , f a r 1kaa �w , r , . , ,,4' t S V q d y« H • "'ell,*', rE to a J' :�jn,a+ k "` � , y vr . ., rw ., 4 rr,,4I .ttr`g k� � t,aa - t ktt s, r sv J �, at T, S�t R e iyw .s a t e', '. xc: *H "!: eriy a�tt, P 'f.•i �" rg t o .x?• I i] ",.� odelit 5 aaiRo7�f: �n 4x,, us ti 2t3 31 } � 447i. 14 41 C. 128 ANNOTATED LAWS OF MASSACHUSETIS ' %• ' participant sustained injuries because of a dangerous latent condition � r,+p which was known to the equine activity sponsor, equine professional, or ',..,,,..4 S t . person and for which warning signs, pursuant to subsection (d), have to not been conspicuously r P Y posted; 11 11- (3) commits an act of omission that constitutes willful or wanton I tot ;at disregard for the safety of the participant, and that act of omission t r: caused the injury; or x . u( ui • (4) intentionally injures the participant. • I. (d)(1) Every equine professional shall post and maintain signs which Se contain the warning notice specified in paragraph (2). Such signs shallbe ',,encu placed in a clearly visible location •in the proximity of the equine activity. f Z° sh: K The warning notice specified in said paragraph (2) shall appear on the sign • re: t,, • ,-" in black letters, with each letter to be a minimum of one inch in height. •wa ',; • ; },,f;`f Every written contract entered into by an equine professional for the # , .. ,t `.; , providing of professional services, instruction, or the rental of equipment :en ' , . ff * or tack or an equine to a participant, whether or not the contract involves ico , a; rx • 4 equine activities on or off the location or site of the equine professional's , ''''''',VP business,,shall contain in clearly readable print the warning notice speci- a,. 'a 144 fled in said paragraph (2). ;le i- • , �p,,'R,•• t;.t :i f (2) The signs and contracts described inparagraphshall contain t., ; , a: (1) CO ' T a w r. SI r', the following notice: . + _5 : }4 t t ,tx", 4t 4 + ''' r,: } },4 :i Yr �Fc i WARNING 31 j F z ?'' *,¢ Under Massachusetts law, an equine professional is not liable for , z r; r�" t> 4{ � an injury to, or the death of, a participant in equine activities result r r � 1`,t r �1 .,4 3 <, ,4i ~d. , . ing from the inherent risks of equine activities, pursuant to section 7 `; ?,_ig };X , h 2D of chapter 128 of the General Laws. t;t< rt .,• ;., • 'Kt�:x � History—: i ;Ili Q c z, Added by 1992,212,§ 1,approved,with emergency preamble,Oct 16, 1992(see Editorial a ... Y4,`b us ,� '# ,^ 3y,,` ,s r a 11k " Note below).- '..Nc c ,1 ,r' ,f, t {h at s 3 r ` ��d ,. Editorial Note— ,Ec • ` '• �t 3'+"1 1 Section 2 of the insertingact provides as follows: J µ`.. Y"r 'x ,4.43 ;1 SECTION 2.This act shall apply to causes of action filed on or after the effective date of this fi .• act. T ih. t 1 , s (; $ " . ;: ' ., Research References— .RE ";f f �, 4 Am Jur 2d,Amusements and Exhibitions§§53, 54, 67, 96,99. _ y y z ;-,f j 4 Am Jur 2d,Animals§§86,87, 100, 103, 104, 106. l' • 1B Am Jur PI&Pr Forms,Rev,Animals,Forms 151, 157-159. z y ! 13 Am Jur Proof of Facts 2d 473,Knowledge of Animal's Vicious Propensities. F, .y,• i 25 Am Jur Proof of Facts 2d 461,Failure to Use Due Care in Providing Horses for Hire. S Annotations— t44t t Liability for injury inflicted by horse,dog,or other domestic animal exhibited at show. 80 „ tp s " ALR2d 886. i z in a� Liability of owner of horse to person injured or killed when kicked,bitten,knocked down, ;=�ih Fi and the like. 85 ALR2d 1161. f ygJ�l,' A } ,:,:. y .t T A tR .. i ti�ht ��,' Liability of owner or operator of horse or dog racing track for injury from racing opera- , ,.t ,.. $ r"�t tions or condition of premises. 87 ALR2d 1179. ii t}; Liability of youth camp,its agents or employees,or of scouting leader or organization,for z• eit injury to child participant in program.88 ALR3d 1236. 's(b 50 I For later statutes and case citations,see Quarterly Update Pamphlets. ` , t i . `•,..:r "s ys'it- 4' ' 4 r4 `� 4 G , ',=1 r . t ,,—. i t tk '; - , a ` iRr''.44.PxA' � ;_ � sr a , r 3,, •, r ; � `_i} , , t, k . N k v s ,.. if Sf .�7"3�t•. t°a p 1 .s R,n , r pv , f ` r .;4'g'a if.M_ exa "J..a 3'. • ..: ',TY •44r tt r s„ +3 *-: .".....,� 01>r.f '4 1'7}(°�j;' �� X `'. eK • �('`:';r!' '�- - 4. r� E ^F i �y 4 d ': i ... � + ;..y ++ d !`�:.y�v t a (,�t fi "r1+'is # ' 1i N �.�, t t# .Nivw 1. 3' q � r ! s v., "' ' a, .:Y ''b-f i"7a s. 6 - :' t i 4 rt . t,yp w:l J �. r4 ry bd a4. t M s 3F _ ''�,r - � yi'. v t-i- '' �,:.''y _ . 4 1f cyst 4 �:2 {9 a ,� q ,".fi.3 r !x r A :.t. r [. F r f '' dti "' ? S •�' 7i r�:s' • itJ St Y 9. „. � :iM t sF s ! ' 3 si r r ", e h A ti.t s t -i" - s YJ Y ` F'is Y 3 �"F L �jt r f -• S �x? � 3 w "'a ,� +ram ra'm Iy r a ey '�`r , trt� � � t•t 1: P .� t a S+r e xr`?Y> '"�p ynp- fa. � S }j, '� y r"`�' : r ",� 1 {+ �� -':w i.- n y� e y a ¢ t t'���y+� r r ^r s tq `t vk',;, ,, s J e- i 1 + ,;:. t t 4, r rt� -' a to t ' }•;4 {. _':, + tit S t }r ,. t ff a n yya - ' l ,mar J - , q'-,4.4 ,�?4.- , .' ,,,+ 9 4,, f. .,r . -'in ! tr ',A ..t+ . i -:4 } s r `�" £ i..• t.,44. ., V' x p F1 , s k Its >� S ::� 4 . x ,.i y, `' 7i. -t f I• 1,ix st' 3 � ' r -(p r�' xi '. i 4 u�.:s. Y{y�1 .� Y , �t 'ry Ft-• ''f'••',°'' 4 tP's- r^ty; t .ra ad '.._'r <pp: a S" J`: �*.+:'' a f't 1 xt 4 . .4', st r - s qt m t '' ?'- , '� _; r= " ? .6`"1.. ,i '.jN. vt y4Wt a°" 1 ,� 'S 's � f �r i *t<" �If, tads} ':, S' R r.;'�K i 4� F L;. uYv iii'' . r,' z'L '°�',*f' 't d•s'1. ,.,.. i"r ,1, k ^•t,.yr' a ,s..., tg ol..-'t .. 'k+, : ✓t ,' "r' b i tk,. 1...,. ,,,,c„ 4:. i �4,40ii `gr. < t �,5, e ':r �: k , ,� _# ,.: � 1'-Asi� to , ,t °s.f7f: Fryk d{XJ !. ,, �,,' 4� 1" '' t s:�t-' t .--e- a i72, SUPPLEMENT TO CHAPTERS 124-129A C. 128 :. s , ,�? ,F¢`. Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof.6 ALR4th t P, ?•, r, x p., 35$c rr�„Liability for injury or death of participant in automobile or horse race at public track. 13 1 e ; ac ti .` • a� G. Ai,124th 623: .i t „ "r ea-,- ,; '41;Ltability to adult social guest injured otherwise than by condition of premises. 38 ALR4th '' + t• 's P' 200 s ' s �r f ,k r: .�,t „ ,y���t R' y i'Y'4!f 7 '"' •• • :t'�1 �"„r•�. '"rl',Pr i S 1y t AF §X 2E. Limitation of Liability of ``Pick-Your-Own" Farming Opera- "� ;dz `tions,and Their Personnel; Posting of Warning Notice. , t + � ' xt7`No,owner, operator, or employee of a farm who allows any person to �; �� • J is h'& y;rz��}`v1 enter`said farm for the purpose of agricultural harvesting, including the �i, ' 4 ;u,-,�k i t• i,: ., cutting of Christmas trees under a so-called pick-your-own agreement ,� s; t � " r. shall be liable for injuries or death to persons, or damage to property, f,,„.,,, x w1" {3 5 i °' _t .,i• ^" .,A ''` •: resulting from the conduct of such operation in the absence of wilful, } wih , *4, t� r,�p ",`a . . ? �" ,' wanton, or reckless conduct on the part of said owner, operator, or ;;" 'f;�; .y 4 i , ;, - ', �i� ', employee. r� a s a,4'v •i,yr;a 'f- i ,+ ,r ; i::a r: '...-;-:',-'Said owner or operator of said farm shall post and maintain signs which °S,'' 1� ^fe' r fix/ ,, b !a ,i [ - >i``SG , 3• � - }13t,4 L.4 4 -Sr E j 1, . •1�`"h• F gym; contain the warning notice specified herein. Such signs shall be placed in , t- v vie, r , f V �r th 'a*location visible to persons allowed to enter said farm for thepurposeof • * ,kA. ,*r,, +, s tt ,0 .`a. V. i" agricultural harvesting. The warning notice shall appear on a sign in black 'f '' ' ;* 1; .^Vi� ' �I ;_; 'd`k q letters, with each letter to be a minimum of one inch in height and shall g ti �� , �u . � 1 � k, y, ,� contain the following notice: t` � ''frv•, • i,J - ` y7. �Y,-z�• # py1 �" kF �`•+,a, ;i a it 4't; -},•,.,t�f r 1',+ `),344�t7 i1'. t Ct; a s WARNING �r t..4.l t.+, iti+v•w4y t J4 `*y"z'r G , raP4> Under. section 2E of chapter 128 of the General Laws the owner, ;�, y �° \,i" 'i ', c� w"t`t ,f L^ P 4 r - ;`f,>y' i ,, -Sv }�.1.,- &S Ta+'2 of t 3 operator, or an employees of this farm, shall not be liable for injury or r . 'r ''s< ' i death.of persons, o damage to property, resulting out of the conduct ' ''''J ,Y)s± l�k r� "jM r' "p • „ !,3 yy t! Sj m s {+�. ..'s ivy d.t7.fi 1 'kF+'Sj :�. of this pick-your own harvesting activity in the absence of wilful, 3 } ,` * ; ui ` . ,• .wanton, or reckless conduct. d = td.,o mrt{ ., r,,ift x a,^ ,r r f -Lf.t).t : *`• 4sry t �{"t?#� J`f�:•.4 y;f;-.,3r k,y.t 5k 5,p 7'1.. 7 History— :'' '1 :: Y Est P its' +*• � ,F�,•. S ! L• r4 `6 *Y pr Added by 1994,89, § 1,approved,with emergency preamble,Aug 12, 1994 (see Editorial F '''' " l ' r a c > y,• z'. Note below). t - t :'s o, _ S; •a fit't{� �rttt}y •• 1.K' T't. `1) f ., �.'ri fag Editorial Note— a.r , s t • ` e h „ 2�' I'` Section 2 of the inserting act provides as follows: 'e+r v �,`' x 31 t ,&,i`1 �`, SECTION 2. Theprovisions of this act shall apply to causes of action accruingon or after �`"� ° a" r Mw tyt�w� i PP Y ;Y:, i •' 5 4e 2 . the effe_ctive date of this.act. F,>ra, t 4 ., i•. t � rk;laF j_ d Research References— ¢. a • w'ss. 57A.Am Jur 2d,Negl §§49, 55. !:? E+ v ` . yt: ri>T JY.q INSPECTOR OF APIARIES '•'4` ` r, ' i i`t. `; its §,32.. Duties of Inspector; Regulations by Commission f " ; ; There shall be within the department afull-time-chief apiary inspector %:� ` x , s f to perform the duties of the department relative to a program for the a Kee • t y inspection and control of bees as provided in sections thirty-two through °` ''A 4 Jr F " -thirty-eight, inclusive. Subject to appropriation, the apiary inspector shall 4 a 4 r r; to fi;. have a staff to perform said duties. With the approval of the commissioner, �� 3f ,7tF £ u�� �k : the inspector of apiaries shall prepare and distribute from time to time ;,�,t sr -,, r ! t, �k i P P P P r� , ,•'!„- riif_ t •s �,• , •n x. such_literature upon the subject of bee culture as he deems advisable, shall , , � , ; YA F L�.Yt.. ; !:47, �',� µ 4, `,1! ,' For latest statutes and case citations,call 1-600-446 3410. a ,r,>a r$ '.� ` Ly' �•,' ' :;'{ r ac,.�tsn7 -. r t: 1� t J!R i7 Y'3yi^,-"i � wx '{,1(�';4 %t s •- �g ..y t i . L - ai, ,d ,`f xr`C'ir ' 4 e 1 , t F p - Y J* 1 �ry f_p ,� [2 ;t,'11'13 4s*-:1�' ' .. kp i',y,''h+d�1&,}v .0 „,, S y t 4..lst4f r �f.Y� Y 'c4F+"+ ,«.�c rt S' ' '1,t„t '.. ,'- Lika', S 4+3'W Y`,�,. ,.)' 1: {x y.'8 r i "_, i y_1t ,. 4 4 '.,4 , .-s ' 'ru` ,.fi�`. 4.0 Y �S> _°b i cf a:-r-,—4. .i .'W-t ''i' 4 tt r-,Pr 4'' a 4 ` y-, A 3m ' �asi .-\. 431.7;4 " ; .s ?', ? . iik k ;y-ryst,no.. . , �f' r T r } r t*y i h .. t .r, 7,1^N1,4,-- %, Y � : o. 31 • iaY ,N s . {,: ?,s ly, ¢Jt s ,, '7 i .-At ' t ;."V 4 i ."9';'4'': 'V�ar .: 11 4 � 15•?'1' R �M� > ' 3 trr S'� tarr �,n t fr �t r , . h«rx. b 4�{7� i t'af � 4�i f 44,444 ' AF ' '' ' L' tR y k, t ' r rM a k1 "221 f'rKY -Y �;*. : •;tr' K+is "r 1 ri + e a ` a1i a w,o, ' ' "ae m t y" i s ` r r Nr r£ r' 1 .1�1. 1.. :;1' t bs1, Y13t , i, t crt•. x' '- -, :+.:Vtt ,, • A 7i.t 1176 Mass. 527 NORTH EASTERN REPORTER, 2d SERIES lo •' oo, property.' The judge instructed the jury resentencing the defendant as upon a ver- f, otherwise without objection. The defend- diet of guilty of simple wanton destruction ,--, 4 4 ant claims that as a result of the judge's of property. '' p_ erroneous instruction he is entitled to a SO ORDERED. ktr . 7 new trial. We disagree. Although the judge's instruction was er- w �,, r ' y ror• , it was not material_to the defendant's e, E KEY NUMBER SYSTEM Zt- conviction. Indeed, in a sense the instruc- tion was more favorable to the defendant than the one to which he was entitled be- 5 91 cause it required the Commonwealth to N' I prove an additional element in order •to 26 Mass.App.Ct. 970 �'t=. i convict the defendant of the offense. 1 . rrw �70Mitchell STEEGE et al '4',o '' [7,8] However, in a different respect lo >tC y. the judge's charge did harm the defendant. v. , ,� t1, ', BOARD OF APPEALS OF He instructed the jury that the Common- 2 ,. ' a wealth must prove beyond a reasonable STOW et a1- It • doubt that"the value of the property dam- No. 87-1259. age exceeded one hundred dollars" (empha- , to i c� � f Appeals sis supplied0 ). This was error because, un- Middlesex. Court of Massachusetts, o .,:f, der G.L.c. 266, § 127 (note 1, supra), it is '` a `; the value of the "property so destroyed or Argued June 8, 1988. `'1¢ injured"that must be found to exceed one Al-' hundred dollars, not the amount of damage Decided Sept. 9, 1988. � } , ' x= * , to the property that must exceed one hun- s ", Fl dred dollars? Although the evidence in Property owners brought action ' t , "{ ,a , this case warranted a finding that the val- against town board of appeals, town build- r ,'? < ue of the property so destroyed or injured ing inspector and town, seeking declaration i , was more than one hundred dollars, the that their use of their land was agricultural �1 i jury were not instructed on that point, and and thus exempt from local regulation. P g ` ,c _ �Kku4 the defendant was found guilty and sen- The Land Court, Middlesex County, ruled rotor, , �y v tented for causing wanton destruction to that operation of boarding�stable for hors- ,. r. property of the value of more than one es and riding academy was agricultural use ei ; .p ' " hundred dollars. That was error. � � so as to exempt property owners from pro- le ! The judgment on the complaint that scriptions of town's bylaw, and appeal was r , j charged wanton destruction of property taken. The Appeals Court held that prop- ' �5 aAtA valued at more than one hundred dollars is erty owners' purchase and raising of hors- ,,.'� ,;1 I vacated, and the case is�70remanded for es, stabling of horses, training through op- n tZ 'I I. The value of the property destroyed or injured 2. The judge may have been misled by the jury 1 ' + only affects the possible sentence of a defendant ' instruction on wanton destruction of property tyre convicted of wanton destruction or injury of found in Model Jury Instructions for Criminal i + property. See G.L.c.266,§ 127,as appearing in Offenses Tried in the District Courts (1983). f c h• 4 t; St. 1982, c. 229, § 2, which states in relevant 1axr That instruction (5:30) provided that the Com- o' , i _ part that"if such destruction or injury is wan- monwealth must prove beyond a reasonable ton, [the defendant]shall be punished by a fine doubt that "the value of the property damage of fifteen hundred dollars or three times the p p h 8 s- ., x`t+„ ' exceeded one hundred dollars" (emphasis sup- s- , value of the property so destroyed or injured, plied). That instruction has since been correct- ', f' : whichever is greater, or by imprisonment for 1 ed. See Instruction 5:30 as revised in 1988. 9 not more than two and one-half years; if the value of the property so destroyed or injured is t 1 T n' not alleged to exceed one hundred dollars, the 1. Katherine Steege. E, . $'u punishment shall be by a fine of three times the s A x *i value of the damage or injury to such property 2. The building inspector of Stow and the town ` I t; or by imprisonment for not more than two and of Stow. I one-half months...." ,i ti,-1 ! ' It l;j I ?I1. 1 TC.. 1 i'; eaGM ;r tw _or-v Ace4 -,4, 3 r "3 *..... ..4 _ , -' $ F:. - ; • ...,' t,.+_*, ,, ,, err�`5 , �.00 R ?v.' 'el'.;'. #' b. 'a �4; s� .", Ak�f Er ' xp Cyy t4� �� � 4,' a 40, .,I5,;r .', y•; z�V a i{t a°,✓ ,° w , ." t . �.: .wi' t 'yts r • 't { { Mi,4-, ,J03 • thl ok , V.„4,,w � r ,1r . ' nE ; .,-•" ,. + , z ,, sS , , gw( N t } ,.;; s , �;1„-',.• ' t. C ,t 1a, r ja ,.. 1 < ts ,*, tl tp . A4 ia,,, § ?k , 4' • , I i Y6 srn- 1 K� yai r '" i h 4} 1,,,, h u ! 'el' 2 k • j f jW , ;�., 4 z+ ,, .a t 1x,. � j�d M� • }�`a�'µ r. �i_1d' A' 1 M.ii: ,,c , t^ t ,i",r`.`, 1 4,: a F . 1 At,;it: 5 t , , ..' ,'.S ' a # 11 3 t1 ;,, ,1yr'4 ji'l''f''1 i.'' y,.a s'.,,r ,� .- ��ii`tt Ltiii,At•r;:/4t.*14,,t,..,4.. `=1A,..�. ,.-4,.2,11,i i'.5.,_ara r s:? t�iii '„ I i i ; ,5 :1.if,';'''Ail'1! e a r STEEGE v. BOARD OF APPEALS OF STOW Mass. 1177 t 4 ' :. i'‘i'I{ '', -..it:'1‘fitt:''.;:i'':.4f,,:1'''.' '1'1*; k f';4. ft Cite as 527 N.E.2d 1176(Mass.App.Ct. 1988) I t f ,� ; , " eration of riding school and participation in for giving riding lessons; and for the rid- i t i ;, fre: ' horse shows was "agricultural use" of ing use of owners of the boarded horses. it Q , `�;�` property so as to exempt property from The premises have been licensed by the : 1-i ,,k`t t #' ' T. `- town's zoningbylaw. Commonwealth for the operation of a rid- ii' ".ilk . . r. p- y ing school. On August 2 1984, the build- r li s ' e „ ,-1�{ Affirmed. :A' ''' ' '44'i• 4; ing inspector ordered the Steeges to"cease ;1st', ', , i ;� and desist immediately the riding school 1 `•t( r. j 1. ; # "': Zoning and Planning a279 operation...." The order stated that its `: 1 y .?4` 1 '4 FX Property owners' purchase and raising enforcement would be "extended" if the `: z` ,y� ''` 2P x of horses, stabling of horses, training of Steeges filed for a special permit with the .,,•c • ,,• z ' •',>:` horses through operation of riding school board of appeals (board). On September 'P'. r.; , � and participation in horse shows was "agri- 13, 1984, the Steeges submitted an applica- k ii i `';:. 7 ""�. 4,ti4 cultural use" of roe so as to exempt tion for a specialpermit, underprotest. h+ r " property 1t3' P P i; , :k '' I,� / r: { property from proscriptions of town's zon- They claimed that the operation of a riding t ..,�, ' •.- ing bylaw. M.G.L.A. c. 40A, § 3; c. 61A, school on their property was an agri- a r ,f, .� i, ,4, w ,. yea , ',- „''f . ,)r, �.' §§ 1, 3; c. 128, § 1. cultural use and, therefore, exempt from . . k ,, See publication Words and Phrases the proscriptions of Stow's zoning by-law. t, $ , i L. , �'�� } for other judicial constructions and See G.L. c. 40A, § 3. After a hearing the j` `'''i�, " ' ,t '� a F' 1, definitions. Steeges' . ; d' ,j ,'; .i ' ' 2i, board denied the application fora I ' , r. � .�, special permit. I ,l' �- '1 : .', i' , , .Y.l`i Paul Killeen, Waltham, for defendants. The Steeges then filed a complaint in the .. . I , ., �A�f l,k;, : x John P. Zelonis, Jr. Boston, for plain- Land Court against the board, the building ,F1' r i , ~ems r� } tiffs. inspector, and the town seeking a declara- j rf; 6� 1 t�i �� R; tion that their use of their land was agri- Catherine �<a# �Jt��' i Catherine Clement, Sp- Asst. Atty. Gen., I it , •;`4i,rt'i+'P h;. cultural and exempt from local regulation. `; ,s t� ,M1 for Massachusetts Dept. of Food and Agri- r i p „i,. ,,;, culture, amicus curiae, submitted a brief. After the trial in the Land Court, the i1 lick ,, 5-1h 4. +eg 1 judge filed a memorandum of decision that ' . '`. �,�t ;., a3 Before PERRETTA, CUTTER and contained her findings and rulings. She A" i;fr`-r 1�: '-" i SMITH, JJ- ruled that"the uses made by the plaintiffs '� ri .jr t f 44M ' 1; , �.f'� f�y, j b. of their land ... are so interrelated that a Mufti• , , .. , . RESCRIPT. they comprise agricultural use as defined \ ,';+f ', '.41C..f t,..; 3: This is an appeal from a ruling of the in G.L. c- 61A, §§ 1 and 3, and G.L. c. 128, I , , =;",., , 1,Oft f rt, Land Court that the operation of a board- 971§ 1, and are therefore exempt from the 11, , x s f, ing stable for horses and a riding academy requirements quirements of the Stow zoning by-law." t- ,ti`.,i;. ' • is an agricultural use protected by G.L. c. The defendants have appealed from that . g 40A, § 3.3 The facts are not in dispute. `, :It ' decision. s,• , Mitchell and Katherine Steege are the General Laws c.40A, § 3,as amended by M 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- I• ,`, r 'x ,, residential zone. For many years prior to law prohibit, unreasonably regulate or re- If s <' '�r August, 1984, when the Steeges first ac- quire a special permit for the use of land . s j . -: }, T . a quired the land, the locus was part of a for the primary purpose of agriculture, i ^ , ,._ , 1; twenty-five acre farm which had been used horticulture, floriculture, or viticulture; `.,, x�i g,;,,' as a home for ill and retired horses. From nor prohibit or unreasonably regulate the 1 . s l i . ,•, ` the time they acquired the property, the expansion or reconstruction of existing �1 t 4- t; itii Steeges have used the premises for the structures thereon for the primary u P rY purpose ose , '°,E ' ? t r ,,,- raising, training, and boarding of horses; of agriculture, horticulture, floriculture, or , tt; � , ; i ,r 3. As an alternative ground for ordering the en- of that ruling has been made an issue on appeal ! �1t h‘ 5 p ,1 s, ,,l'1, 'N try of judgment for the plaintiffs, the judge by the defendants. Because of our decision in ' : c;} a ' {��y. x „ ruled that the special permit had been construc- favor of the plaintiffs in regard to the "agri- ; ,,,r{ ,I , -'• fr,... tively granted because the board of appeals cultural use"of their property,we do not reach i iki • - r c r failed to take final action within the time period that issue. , a', )a, - mandated by G.L.c. 40A, § 9. The correctness . �!' e 5., ,a`` • , a.a 2 `r t :k:.&'per I :j% 7� 4 TI ��{� TF 7 i -,i:•. -Z: ;1'4$% i Mi' f 4F rr l 9h' 7 k' •���� . ! 1 '' §^ ^ ' •:, ti, i , '�,�*ir.' k 6,.,.f� lsrq e�54 � -• y ea P �74 ".,�� 6f p S t`r`rTtte �et y e S �F ,...0,. Cli,..7- ^ a ' i; *-af YC' a -e r k ,4? � Nit . r , wewIl • Y f q p';Sf b`C ' a1 , d' .rt ,f' ,. A' t r7 : , ,'4; ' t 1178 Mass. 527 NORTH EASTERN REPORTER, 2d SERIES ' ' s i,il, irs 't'' fi � ' $�,����� + 1 viticulture ... except that all such activi- such animals in the regular course of busi- ; ^; a ties may be limited to parcels of more than ness; or when primarily and directly used k ;0.,' .'p fi five acres in areas not zoned for agricul- in a related manner which is incidental �` -': n1 ture, horticulture, floriculture, or viticul- thereto and represents a customary and ", `i' ARM ture" (emphasis supplied). The defendants necessary use in raising such animals and , ' '`a Y argue that the operation carried out by the preparing them or the products derived x ' ; :r`5' t, Steeges on the premises, which are located therefrom for market" (emphasis supplied). 4 w ` ; ;+ in a residential zone,is not agriculture, and General Laws c. 61A, § 3, inserted by St. ';4,' 4. is therefore subject to the zoning by-law. 1973, c. 1118, § 1, reads: "Land not less t.t' h 1 The analysis used in Building Inspector than five acres in area shall be deemed to `t of Mansfield v. Curvin, 22 Mass.App.Ct. be actively devoted to agricultural or f,fi za �, +'. 401• , 494 N.E.2d 42 (1986), is also useful .1,72horticultural uses when the gross sales - k,` 4a',;b; here. The term "agriculture" is not de- of agricultural,horticultural or agricultural k Ak ° ,1 fined in the statute.. "When a statute does and horticultural products resulting from �`"v" , � . not define its words we give them their such uses ... total note less than five hun- 7a �r��. usual and accepted meanings, as long as dred dollars per year. Here, there was live • ,, ,,'' these meanings are consistent with the evidence, and the judge specifically found, "} a� .x �a statutory purpose. We derive the words' that the annual $500 minimum for sales `' *a ,''+ �Ytt had been exceeded bythe Steeges: „,, . rb ;l s : usual and accepted meanings from sources g ` " E W4t presumably known to the statute's en- rTh re e'was.evidence-that as part of their ' '' ;i1 Fr'? actors, such as their use in other legal farm operation, the Steeges'purchased' } i�,0i contexts and dictionary definitions." Id. at `younghor`s es;raised and then proceeded to a ;' 402, 494 N.E.2d 42 (citations omitted). In selfthefit45 The saleability of a particular ';° i t> , that regard,Webster's Third New Intl. Dic- horse depended on whether it could be rid= t0}a_ tionary (1971) at page 44 defines "agricul 'den, particularly by young children. As ' ' ` ta"4. ture" as "the science or art of cultivatingtart of their training, the.horses would be K.,„'.,.:',a ^ �����g�� P � g . . x a ;nr: the soil, harvesting crops, and raising live- ridden bystudenta in order that they might x, . �,v. ,, 0 4 i stock. "Livestock," in turn, is defined as °become accustomed to handling by inexpe- it .. 1 ,,i.0, '�a ,t + - - l s ,,�, animals of any kind kept or raised for use rienced riders ;The'Steeges had sold an a ` 3 or pleasure. Id. at 1324. average of ten horses a year in the past' ' ; ?4 `, "We look also to the use and definition of `few years ' 1 1'{b : i:?yx the word 'agriculture' in other legislation In viewTof the-evidence and the expan- : , ax 4"S, iv because '[sjound principles of statutory sivedefmitions"of"agriculture"in the stat= s 4ar :f I. construction dictate that interpretation of utes the judge ruled that "the plaintiffs' ,,: • 4, , , '�fiprovisions havingidentical language be Fi, ,r{ , purchase and"'raising of horses, their sta w', s 1 .r i uniform.'" Building Inspector of Mans- blmg,trai•nmg through the operation of the ti � 'd 1 - field v. Curvin, 22 Mass.App.Ct. at 403, ''ndmg-'school,' and' their "participation in ,, � �) wlt ; 494 N.E.2d 42, quoting from Webster v. horse-shows are all'part of the one whole L.., 's5�x�,1'^ , Board of Appeals of Reading, 349 Mass. and constitute agriculture as that phrase is 1r ,ft ;1f if , 17, 19, 206 N.E.2d 92 (1965). See Corn- used u c 40A, § 3 There was no error. a : monwealth v. Baker, 368 Mass. 58, 69, 330 Th'e-judge's interpretation gives the word ' �' :Y• N.E.2d 794 1975. 2A Sands, Sutherland "agriculture"4' t1i ( ) found in G.L.c.40A, § 3, "its i� , 't Statutory Construction § 51.02 (4th ed. plain and ordinary meaning and its consist- r t� ' 4 1984). General Laws c. 61A, § 1, inserted ent and well-established ... definition in ►v` . t $j, by St.1973,c. 1118, § 1,which concerns the other statutory contexts...." Building ;, assessment and taxation of agricultural Inspector of Mansfield v. Curvin, 22 ?' i t , and horticultural land, states that "[l]and Mass.App.Ct. at 404, 494 N.E.2d 42. -4 , `"`� shall be deemed to be in agricultural use The other issues raised by the defend- ; 7 i: . when primarily and directly used in raising 'A - I ants are without merit. f =:t i x �.: animals, including, but not limited to, dairy cattle, beef cattle, JUDGMENT AFFIRMED. poultry, sheep, swine, rt 1 horses, ponies, mules, goats, bees and fur- s P j; ' 1: bearing animals, for the purpose of selling o E KEY NUMBER SYSTEM " 44 such animals or a product derived from T , :li a r . ;,C 'ram ,� '^ ta r .+ IxL -�':E i f 1k'� 'F `�.' ar PM 1.1`li' T r t fir' A ,, a ,r ' ; fi - ax a � i ,,. „,,,, ,., " , t` .., .` r Y.3' !� i�`2 �ys t,, b �.N � y � w'hd;Nw4,:irke s1:4'F3-a - ! 5 .I' 5 4 hY r1 x'g. fi 1 {1,.. i'' 1S h':`' ..ri i-. d ,,t`� N Rr,KJ 7 4"�',L k S .i. ,k Y� 'i\ < ..�)..'. �'� ,^` i"a '#. �AT: i 2.G; ..' 'f� �fia: �P.: A ¢dlq yCia, N '§.7r ',tv. >, .'R f,4. 01 `9� �- r�"riri,: ".kiii.res` '1y i1 4 -. ! '� .1,' °1: r J� 1 ' " `� }91' rt' �•� r<3 h,a.A` '�,�.,".r44,. - '� :'T„. ,'''2' r 'Rv#„_ r�i :'IL,`."d v.�d t:i' ti"d.', �' °0, �'...t '[i �...6: o. *'0 1 , , f� y.� ,�, 4', ?rs �'r �" i �JY , h �" � t� r �,A'r Y y � brr�,^ 5 ;N { n e,t+i '`, r �� r ": t ft 1 H r x r.:,t 1 I' r O 'x` </`5' u g v sx' G =`'w t a 3r bar^ f ^v i�' .V +t t, n�5 r H 1: #s 'Si ��,. a t r k r �.'�.�ti w � 1F � {{ 1 R < \pi y 3 i 3 1L,-„, _ ° 's - fid nW{ » .1'0."C - "1. ? �h a A 4a , -: 6! , 1 1$" S Y /, k"# S3 IR *,T ,' 1 • 1 A ,-r t t,,-';4„..„-,4,� F• .FA 1 4 ,. < 1 .,rd 1 J ,,J rSA 4 t r u. a.,5 1„..!4 T t 34 '- I i5 '' a . tst ' sr } ir: 5 �`�` �. � 3 I ..1 r .# h �7 r K "*it L a Cy 'P�� f a i A s� P fa� � . r Q,.di� ,r S + ,P':"I, jti ,t w--x (x •' St • k • t1b`�s ' '''` dz+rr '1; .i. '_'t ', 44 tr,r ,'E , sa 4.W v F f yyl�_, ,+1; k h t y » fir}•rt.:, , _.,r•�r rc a$'....'.._,..i.:_ ...,.:o: +.. ..3!_ ',ii�i 'i,.... . ,YL^,:A'0 '' .. . gad t , z yt COM'R OF CODE, ETC. v. WORCESTER DYNAMY, INC. Mass. 1151 " �' f , ,, t, '..,'• ::•; -,?clo Cite as,Mass.App.,413 N.E.2d 1151 . ' gy—a strategy which successfully produced motion for new trial), and Commonwealth ,, s A,w,�V 6 Mass.App. d 382 N.E.2d 743 . V acquittals on three of the four charges. v. Gallo, — *u ,; ,�'� "When the arguably reasoned tactical or (1978) (third motion for new trial). I, `3 n� r ",° :" �, ; .x strategic judgments of a lawyer are called Order denying fourth motion for new tri- Y, '; , f*')t• , . into question, we do not'second guess corn- al affirmed. t r + y petent lawyers working hard for defend- ' ,a 44 .. ants who turn on them when the jury hap- It r 3� �'+„ €u � '" pen to find their clients guilty.'" Common- W ., d ,.J p a ' n b o SKEYNUMBERSYSTEM � '. '1',£ t wealth v. Rondeau, — Mass. —, — , T I � ' rK t' r� 392 N.E.2d 1001 (1979), quoting from Com- r II i 1 ;j I i ,.p3 mon wealth v. Stone,366 Mass. 506, 517,320 ra i ` ,+ ',rt su i` N.E.2d 888 (1974). , . [2] 2. There was ample evidence to COMMISSIONER OF CODE INSPEC- 4 ,x r { ,$d_'" ,> Iz �r support the judge's conclusion that "[t]he TION OF WORCESTER. l tO,C f �,1 '',• �-.. 4 failure to present defense witnesses [one v. r� ' Faraci and one Marcella] was a trial tactic WORCESTER DYNAMY, INC. I , ` , „ . n which was warranted in all the circum- j'` z t'�,, G stances." Moreover, the earlier motion Appeals Court of Massachusetts, 11-,..4;"< ,,,,,A.4. a3' judge's ruling concerning Faraci's"demean- Worcester. t .� a" , , or" and his"vague, inconclusive and indeci Argued Nov. 6, 1980. '�( C�f . sive . ... manner of testifying" provides ad- t 4i rs' £• M' r ditional support for the instant judge's find- Decided Dec. 29, 1980. ¢ F; N"e, t• -,,,v '' r. 1' ing that their testimony"would have added ' dx ' `r`k s little or nothing to the case and would not City commissioner of code inspection 1 A r,,f.,'s'< "<. ' 3 ' have varied the outcome." '; ' brought action seeking to enjoin operation. , A ` • ,z �s, '„i [3] 3. We agree with the judge's find- of off—campus dormitory. The Superior i' � fir, - �n-4- a ` , ing that the "defendant was competently Court, Worcester County, Meagher, J., en- s '4 ,'�'r ,.e' '� and effectively represented at his trial and tered judgment, and. appeal was taken. ,, x t A,r-„ ;, at subsequent post—trial" proceedings. The The Appeals Court, Dreben, J., held that , r ;4 :,„ ',5.„^ 4 judge could properly conclude that an ap- premises used as living quarters for interns "`-' ; y ; peal from the denial of the second (as well. at nonprofit corporation organized exclu- ' �r -A.�• ` '1 as the first) motion for a new trial was sively for educational purposes were not -> ,r, • 'l ,a SI pointless because "[t]here was nothingsub- t ' subject to permit requirement of city zon- i stantial to appeal." ing ordinance. � � ;:, �Y `. ,. ; �, i s� k L 3 e,, 4. Because "[t]here must be a reasona- Reversed and remanded for entry of ', t T Yt ble moment for a judgment to become final new judgment. s Y1 ti ',, • ' .c and a time beyond which further challenges , r must be barred," Reddick v. Common- wealth, supra at —c, 409 N.E.2d 764, we Zoning and Planning (=>384 1 . r' 1 have carefully reviewed the entire record of Premises used as living quarters for R a ; Tr <'{a 's all proceedings (including the trial tran- interns at nonprofit corporation organized ,1' At ` *= "' script). In the circumstances of this case exclusively for educational purposes were we have deemed such a procedure essential not subject to permit requirement of city 1 i' ;�. in order to reduce the possibility of a fifth zoning ordinance. M.G.L.A. c. 40A, § 3. 1 `i { } • °' ,,, motion for a new trial and yet another ' appeal to this court. See two prior appeals: s.9',ae ; ,r Commonwealth v. Gallo, 2 Mass.App. 636, James H. Barnhill,Worcester,for defend- I ', F� ;- 'f,, L- 318 N.E.2d 187 (1974) (conviction and first ant. x'�` a 4',w b. Mass.Adv.Sh.(1979) 1668, 1674. d. Mass.App.Ct.Adv.Sh.(1978) 1054. '' s k` c. Mass.Adv.Sh.(1980) at 1964. �' lira'`' _l .:.-.,". . :. .; ` .. .- ... .;_ t'*'�vS yF�r,c i- v vF f �'" 4r''� .-mofi a 1 a1 is 'T ,i',.`.o, ,� S.'F a R,� 3 „ d;-.: •tor `: x t4Fy . ': r`;- ':#ut.SaJwr:w:Ys:-a. .c4+4..e.r1a F w.w .+ t v' dr C. '2 �� xH' S,r rh '4: 2- ,'. ', f• r i 'Y -4 ar'� '� .`„+ E -k „ , to i a ,/'1 -1 5. „ j a.'. � � !" i r. � S x �'1`� w� t i �''f `, t -��y- , rt?''� ya pile �:� t!y i r' ..� v.�N� # , t.:4;,VWi,44,7,^,,� 'ikror r. 'b04,,kp�r�F ',F s ;"4";�S - �a M "e'`E, tC „ :.+'r $ , `4 ,4' & e ,, ,; k k �rk47^,a 4a f ',, ''w'`1: 5I r'F ' (M^-, 4 yaks ak," .Y 4 r fi ' ", 7d...• a �x,,F'� W y{. .yl,# r.3 }, ` 6�'.� -. :#is ry1 'f:.. e y f� 7',ai,.. ':�f 7 ,' . t ��`Y2ylb 9:- .z--it.,:i�. 'S.a 7 Y Y �St t. i, _f l f':z f "c �. 3 F 'x } i�i , e- ,- 4 3r'. - • �..,, { '. }5 ..,� ,+ -vtt+ <v x ,.vr.m b' 2 �,^r3:.�yr �1,M:w ii:g°r� '+r`�'_-,Y` y5�• 6'' id y ;3;; 23i?�°7} =n:'i h .�,� 'rr d` {' t� +��+T� �S 1 # C" �"+"�j �: 3 �' t �Tt y�•� tl :-�+�'j� '�y G t �t r�' ipe5 �a, $, V ' 0.h �..,. 4?' S. t,�•r ' ,^,y it ,1�,.�f ? ia ,, 9 p'1 i.g h� '"r 4 rf, ,.. t 7� ryas a 'i,1„!"�'�'r[ ,r2 S h q ..s r �. `ir+n¢+w ,� .� h Y l, f cy { 4+{, z ;,, - i I d t w a +Fx i ' i , r<� t t.. . k z r 'I rFt .N ':9} , ^ .� 7 P,'Y 41 t'F ' 4.+'4: It'. C J '' 3 !M2 " I� f' y,'7 0.;.� ♦i 1�`` { t i 4 ' .w' rf �' S �„�h fa $� 'x1� I _ 7 �F� { l�� �f" y a�Slr h.A ph,Ya�r f .}T�'.�� i ; . �',i� 4 a Fy' Y � S # '3ik 9 ,i.�; � 3. `� ,M J1 { iL Jo ¢ � 4. 'f • ''' `` S'' Mii ' f !.`t ^M °it .. a Ns R xt � " 1+{ .'� i+� . ,w, xwe+rYY.,��'-. .� ^)" i 'Y:`� ',.SA.(l git 1M1L t. idq + j 9 • ;crry r,!Y 'C 1� •!tf 'k S 24 • {j p+ • ',` t 1152 Mass. 413 NORTH EASTERN REPORTER, 2d SERIES r rxt , r `;,. �4. Bennett S. Gordon, Asst. City Sol., for living quarters for Dynamy interns are not ,, ,, .i 1 plaintiff. subject to the permit requirement of the } F J Worcester zoningordinance. t ' , ¢i' �' Before BROWN, DREBEN and NOLAN, . JJ. The following .are the subsidiary facts q `} found by the judge as supplemented by re' `x 11 it DREBEN, Justice. undisputed testimony and exhibits, see 4'f ' ', The commissioner of code inspection of Western Mass. Elec. Co. v. Sambo's of ' f,' t. the city of Worcester brought this action Mass., Inc., Mass.App. , —b, 398 '+, ' seeking to enjoin Worcester Dynamy, Inc. N.E.2d 729(1979),and cases cited. Dynamy ovi. (Dynamy), from operating an off—campus is a non—profit corporation organized under ' '• , ' tX. •• b'.1,{1. dormitory at 17 Hamden Street in Worces- G.L. c. 180"exclusively for educational pur- * ., 'Yr,Zq'Y' �`;� ter. Under the city's zoning ordinance,a poses." Its primary goal is "to accelerate * 't, •• a ) ' lodging house or dormitory may be operat- the process of maturing in young adults." j�, t r R ` t:, '?f ,c',. ' '� ed in. the residential district in which 17 It offers internships for an academic year S ,f ' ? k;+ ; Hamden Street is located only if a special which provide work experience in the pro- Y . ,t ' ; ; • ' r.,) permit is obtained from the board of ap- fessions, crafts, businesses and other fields. ' ` ' K• 4 *is peals.' Dynamy did not seek or procure Dynamy provides residential living arrange- v, + , r'''', > ! such a permit, A judge of the Superior ments which are "designed to give interns ,. f ,sr,, ;i; r`'' "r� the major responsibility for management"2 1. 1 t 4 Court,after hearing,found that the"use of j P Y g + ' .a• • ,Yir the premises is residential in nature and is The residential portion of the program is • ` ' considered bythe Dynamy director to be ' . t ,•' uh 7 ,,4. x t subject to local zoning use regulation." He Y Y s•,� - t 'a , �; i entered a judgment precluding Dynamy central to its educational goals. Students +? - i• :_ 't ar'r from "operating the premises as living from the Worcester area may,however,live ti, ,f; yr 1. s quarters for its interns so long as it does at home. Dynamy has arrangements with ' ` r; � not hold a [s]pecial [p]ermit." We reverse. a number of educational institutions where-ry Lg i T, i ,' r ; '� ;• :4 General Laws c.40A, §3, as appearing in by its interns are given credit for participa- ++, .,. �, `�, ' - ,' 3> St.. 1975, c. 808, § 3, provides in relevant tion in the program, and high school seniors a,. : ' ';',+f litx• � part that "[n]o zoning ordinance or by—law of the city of Worcester may enroll in the ` ,: ;, -,, < shall . . . prohibit, regulate or restrict the program for credit as a substitute for the . •R c 4,1' ; senior year. 2 t,s use of land or structures . . . for education- ,)A,• x', yv; . al purposes on land owned or leased . . . by Although the trial judge concluded that } ,h a nonprofit educational corporation." For the use of the premises is "residential in < '' a 3i bps. t . - ; a the history of this statute see The Bible nature" and "subject to local zoning use ` �4` , 1'. �' z`.i Speaks v. Board of Appeals of Lenox, regulation", we reject that conclusion. "If • f ' " ' `. Mass.App. —, — n.10 a, 391 N.E.2d 279 the judge's characterization of the [use as a ',,-,Y rt` (1979). In the circumstances of this case, residential use] is a conclusion that, as a ,i r ' j we hold that the premises which are used as matter of law, the proposed use [is] not y 1. Worcester Zoning Ordinance§ 15A(4)(1963). ter at an earlier age than usual through partici- ax pating in a guided program of intense experi- ,',. , a- Mass.App.Ct.Adv.Sh. (1979) 1362, 1370 n.10. <y i -, ence and thoughtful reflection." l b. Mass.App.Ct.Adv.Sh. (1979) 2453, 2455. In describing residential living, the catalogue ;? , " tY,x +-• e`, j states: "Each group of interns in an apartment ,,xr •,'1 2. Dynamy's catalogue includes the following decides on budgeting, purchase, and prepara- tm' x., statements: "Today's society spends tremen- th�; ]- h dous time and energy on developing intellect other cooperativef food. The tigrvup may also decide on r r t . other activities such as sponsoring k 't through academic work, but too little time in a guest speaker at their apartment or arranging h developing character as well as intellect +' ` L', + ' ,' a through nonacademic means such as experi- for a dinner exchange with other interns,staff, tF " mental learning.... The youngneed direct trustees,or sponsors. Through living together, • ,.. 1 1 interns are able to develop a mutually support- theass stancerong in finding methods and developing ive environment in which they can learn from y ,:, ii., the strength necessary to become actively par- ti tici atin contributingadults.... Dynamy each other by sharing their day—to—day experi- 1 ,: P g. i<k t•1 seeks to help young people ... in order that ences." x ' i,.,H 0they might build personal strength and charac- a i f : �`{.l_ }Y �{ ,�4 Y S a 5gA ga Syys�,� .. ; t 'l'4;',4 4 . ` '+1j4 .t b} 4 fiY,,� ."J$41 1'�i y_g'.f k 5v,}5 .t. } , �f',,,q rj 1:� aka,.: „ R,,, ,v, ,,,,,A:,,,,..,,- gF ,„ 4^ ,, '. + .�hn x� rt 4 't, ,t ms t•f� • ��' Yf,1 xFX w• i >w•. k 0,k ri#'' , r r!a f,'a�� r,. �''�, ' � ,= r� R: � �, � �^� ��, 9 �' �� - a..� dr •s � 4,. ;�.,,� rya''. a:t 4 .r�;.,r,#,. t.�•s't t .� f ��` � f.w'ix � .: �r. s`.:f'ci #' 4� i'. rik' t�r,� E 1. '. �°4 v4.:.�: '�' '` « gyp.. n`yjt�,�,..V• ST, � i {SY r '" z.'rs ,i �.,13-3i T.y,-.is gq ask,, y= # ..'x t,"S, 'r t, ' d. Sr.•fr ?�•,`S4-k.,. ;'.:. i.' „'',,3 v; 3' t •:r ,` {„y ,�.' # ,' ,Ms"3.§,t i @� 3 ? a/,msfr t) T a ' sa ��y;w> yr .-•r3� �F aS!.� di »r^. S.,.v':C4 .d.S.y t ,1 .1 to`t ,+ .Kit . J t, s '..r' ' s % :s $s 'r 4Y'- 7: x�f r Y 3;`-� 3W '��� 2 rat�,n+�. aj �yx �v --> �d;v t. U r `r r r iurt'+y��'S� s~ fs� �" J y�� `�' 4� �" �+l€'•.i `.� t � '♦ x '� t � iA�J t d � 't �, � s f � l t �`L�. 34� ! t`... .�•F� a, i� ' t ,t, .. ,- r l,,, ty t " ,3, -L k �d t' ,� i t a ,, 1 `�^el�'}. Z ,, t;,,,fl #'+. ,,, - t ,g yy }.J C� »rt tf y .:y r , t . m t .k•t t .,`1. 7 1j��N a y i10. ,' f t�.?<d o.aia�< !C z f 3 k i ,f :5..1..:c. ,...1.:„..,., K ,.n�.aNa ,>;.:.:.. �.r1.a�+,s'�«:��+.t' t 'fir >> t ,, "'a y _ y F.�R t VAk Yi s r It�''''d •YTyyS'.� ii COM'R OF CODE, ETC. v. WORCESTER DYNAMY, INC. Mass. 1153 tf', , ', "_ ?;: ,," Cite as,Mass.App.,413 N.E.2d 1151 `educational; it must be reversed as an er- yard College v. Cambridge, 175 Mass. 145, t�5 ,-: � ' 1. ror of law[citation omitted]. To the extent 146, 55 N.E. 844 (1900) (tax case). Yale kt {d that it is a finding of fact, it must be set Univ. v. New Haven, 71 Conn. 316, 327, 42 Iti A� " a rro d �?•; aside as 'clearly erroneous' [citations omit- A. 87 (1899) (tax case). See Trustees of ' }+l,a,"1' ted]." Fitchburg Housing Authy. v. Board Phillips Academy v. Andover, 175 Mass. at *1,� ,'' d 4 ' i. 1: of Zoning Appeals of Fitchburg, — Mass. 125, 55 N.E. 841 (tax case). See also Trus- ', �A f_,f • r; —, — 406 N.E.2d 1006 (1980). The tees of Wesleyan Academy v. Wilbraham, ! ,°, < -"- +w '71 fact that interns reside at the facility"does 99 Mass. 599, 604 (1868) (tax case); Rad- d.J as not negate its educational purpose." Ibid. cliffe College v. Cambridge, 350 Mass. 613, 3 a x1 "'°• C' Education has been long recognized in 618, 215 N.E.2d 1892 (1966) (zoning case). tF n t the courts of this Commonwealth as a See generally, Annot. 64 A.L.R.3d 1087 ,..41 F t ,K,a p ,. �{ ,'` "broad and comprehensive term". Fitch- (1975). This tradition is significant in inter- I '^ '';' 3r,4 yt5,' l a'i y rTA� burg Housing Authy. v. Board of Zoning preting the term "educational purposes" in 'r ii4 ,, 4t " l4,Appeals of Fitchburg, — Mass. at —- G.L. c. 40A, § 3 (cf. Worcester v. New ;, , # �, `d, 406 N.E.2d 1006, citing Mount Her- England Inst. & New England Sch. of r - , 335 Mass. 486, 492-493, mon Boys'School v. Gill, 145 Mass. 139, 146, Accounting, Inc., ,, P�� .�., tti f,, ..,�,c 13 N.E. 354 (1887). The Bible Speaks v. 140 N.E.2d 470 [1957]), and we note that `�`• r. ;A „ ,.;. , Board of Appeals of Lenox, — Mass.App. where the Legislature has intended to per- .,i 01`.,, k. at ---e, 391 N.E.2d 279. Dynamy's mit a city to restrict the use of land or ' '1 ` » s °;. f �-.- program, including its residential compo- structures for educational purposes, it has 1 1 1 s 4 nent, see note 2 supra, falls clearly within done so with specificity. See,e.g.,St. 1979, ' t t ¢, the definition of education accepted in c. 565, § 1. 1 r f�6,r• ,� ' s ` .r Mount Hermon and approved in Fitchburg, The Legislature did not intend to enable ' l •114t •' a;-r�• fz' . ,; a cityor town to "exercise itspreference" 7-0' ''tr; ,x,,. • namely, "the process of developing andads �: �� a � �3�1 d training the powers and capabilities of hu- as to what kind of educational uses "it will ,f `7> n` k E, ,la�, man beings" and preparing persons "for welcome," The Bible Speaks,supra at—— L;�'{t F� ;kt activity and usefulness in life", Mount Her- t, 391 N.E.2d 279, or "to impose special ?'T !-,t t.` � •� )r;` mon, 145 Mass. at 146, 13 N.E. 354. See requirements . . . on legitimate edu- 1 ti, "( W `h m w, permiteq ;i {t74k; - ixt'iy' :r also Harbor Schools, Inc. v. Board of Ap- cational uses which have been expressly au- 1 s. 1 peals of Haverhill,5 Mass.App.600,605,366 thorized to exist as of right in any zone. •r r o ' Ya" ^ . N.E.2d 764 (1977). Those in charge of Dy- Ibid. h 4- `t`g ..-0' namy consider the residential aspect of its ,.` ; s� dr�, The judgment is reversed, and the case is r � � 1 � s rt z r4 < ' program central to its educational goals, r ,, ,A , k .i ; and although such views are not conclusive, remanded to the Superior Court for the , t `v.'-;';;1-.- they entry of a new judgment dismissing the x L '� are entitled to due weight. Trustees ,j s �' �'��; ����' ;��="'i3 plaintiff's action. k 6 _'v' of Phillips Academy v. Andover, 175 Mass. ,, ,i4 t t 1 118, 124-125, 55 N.E. 841 (1900); Emerson So ordered. '` _ nv'm v. Trustees of Milton Academy, 185 Mass. �, # > , ; ,_'k't 414, 415, 70 N.E. 442 (1904). ` ' 1 f' ')..', ,' W l J Yi 1 4 ' Sk' 4 Moreover, such views are consistent with o SREYNUMBEASYSTEM v:: 1 _° rt ter, . 4 }, F ¢}kj the English and American tradition of high- T "' 11- x>3,i1° ti er education, where residential living is , R 4 ,r = r„ ' ,„ deemed an integral part of the learning experience. President and Fellows of Har- R f al,,7 rr „ c. Mass.Adv.Sh. (1980) 1465, 1469. e. Mass.App.Ct.Adv.Sh. (1979) at 1373-1374. ,, +y. ,- d. Mass.Adv.Sh. (1980) at 1470-1471. f. Mass.App.Ct.Adv.Sh. (1979)at 1376-1377. -;rt ' r"x �3{1 8d + yet r r T A - " . : 4 � n a 'rgt 413 N.E2d-25k.k P :7.t t 2 ai„6,ttt4 y. Y i rKd .,z ;s itl ..'•z tl,R 4 ,' M" • r .1 Yi: .,.r. f3f 41,t '. 'W 71 w..+a 'a r 4 r .. i:.� =r 7. �l. w i tr, at;' .�ra�... Tv c �,,'^) 11 �.Y',� ��3 f�"?,2 ?i,T,.i s 6 qlrMass. 641 NORTH EASTERN REPORTER, 2d SERIES '4:1:1Y1:: r 1334 .. C3. Zoning and Planning 0=,279 4> P 418 Mass. 841 Proposed excavation of 300,000 to 4 .'. JjKathleen B. HENRY 000 cubic yards of gravel over period of three years from five acres of a 39—acre plot cias �4r� v' not"incidental"to agricultural or horticul' ? q• ' ` BOARD OF APPEALS al use of land within statute providing that fie ; ' ifil OF DUNSTABLE. zoning ordinance shall unreasonably regulate 1 , . or require special permit for use of land for #.l : Supreme Judicial Court of Massachusetts, primary purpose of agriculture or hortieUl. 4 Middlesex. 1 ture, and thus removal was subject to local �`° d zoning by-law prohibiting commercial earth_ Argued Sept. 9 1994. ,% i removal, even though landowner sought the c Decided Nov. 16, 1994. gravel removal to remove steep grade of the • y land in order to allow safe access to"cut your own" Christmas tree operation involving an. • `- A Town Board of Appeals denied landown- nual crop of 700 to 1,000 Christmas trees. qt-A 1 1 er's application for permit to remove 300,000 M.G.L.A.c.40A, § 3; Dunstable,Mass.,Zon- , ,t to 400,000 cubic yards of gravel from steep ing.By-Law § 15. grade on property to provide safer access to See publication Words and Phrases 4 "cut your own" Christmas tree operation. for other judicial constructions and def- 4 .., ; f:, The Superior Court, Middlesex County, Rob- initions. _ - ji ert H. Bohn, Jr., J., entered judgment for -e 's 4. Zoning and Planning a301 landowner, and the Appeals Court, 36 Mass. ::::,• ,,A: App.Ct. 54, 627 N.E.2d 484, affirmed. On Uses which are incidental to permissible ' '''4" activityon zoned property are permitted as '��+� ; application for further appellate review, the P P Y 0,,,,,I" Supreme Judicial Court, Abrams, J., held long as incidental use does not undercut plain that the proposed gravel removal would not intent of zoning by-law, and word "inciden- tbe"incidental"to agricultural or horticultural tal" in zoning by-laws or ordinances incorpo- � q' _ use of operating Christmas tree farm, and rates two concepts: use must not be the thus was subject to local zoning by-law pro- primary use of the property but one which is °;Y s hibiting commercial earth removal. subordinate and minor in significance; and r there must be reasonable relationship with Reversed and remanded. ,'�`• the primary use, such that the incidental useNb is attendant or concomitant. r11 ry'xg' 1. Statutes c=188 5. Zoning and Planning «301 • t } When statute does not define terms, Determining whether activity is inciden- '47 court looks to the plain meaning of those tal to permissible activity on zoned property r N terms. is fact-dependent inquiry, which both corn- 3 pares net effect of the incidental use to that 2. Zoning and Planning <�279 :t� of the primary use and evaluates the reason- py� Planting of evergreen trees for either ableness of the relationship between the hid- , _tl M 2 ; saw cut operation or "cut your own" Christ- dental and permissible primary uses, and s, . mas tree farm is within meaning of"agricul- focus is on the activity itself and not on such ture" or "horticulture" for purposes of stat- external considerations as property owner' ute providing that no zoning ordinance shall intent or other business activities. k ,Y unreasonably regulate or require special per- ,;{;:` mit for use of land for primary purpose of 1 agriculture or horticulture. M.G.L.A. c.40A, Robert J. Sherer, Boston (Francis A. Di- � ` § 3 Luna with him) for plaintiff. 4,0`` See publication Words and Phrases for other judicial constructions and def- Richard W. Larkin Town Counsel, for de initions. fendant. r • a' ,. y s = w f S 4 • , • . • t Y i ~ £K'',b'4 ' - a n. i A 3--t.e - r t ,,ry „ , „ i)�` fL qt, may t ` +r^ q; ,,7i 72�"'� "sT * x _ A ep t '.k'1JR 1 T1 V 9 7 ;L ti s, , , ' HENRY v. BOARD OF APPEALS OF DUNSTABLE Mass. 1335 ' ` '.� . ",,` h 'r,. ;u x I •1+ ' s a f. Cite as 641 N.E.2d 1334 (Mass. 1994) t rg €, x A s. Tara Zedeh, Sp.Asst.Atty. Gen.,for Dept. leen B. Henry owns thirty-nine acres of land t' ,>, "`• k ' Food. and Agriculture, amicus curiae, sub- on High Street in Dunstable, a rural area r:°� ti , :- `putted a brief. classified as an R-1 residential district. The ;' f 711 i'l ' plaintiffs plot is forest land within the mean- ' 1 j3 41 F� : , _ ` ' ,;•-,,,,,,-„,„,-;?, ,'`q'Before LIACOS, C.J., and WILKINS, ing of G.L. c. 61 (1992 ed.), and has been . .l u °A, ?"? " r�. ;RAMS, NOLAN and LYNCH, JJ. under a G.L. c. 61 forestrymanagementplan. i a c. -� r7 g ti fi - r .;5, • � a for over ten years. ' a i*t 1V? - r ' '*ABRAMS, Justice. ;� , .„ ' ! , r4�'`i4- ,5 ,ii, , , y • r. r;We granted the defendant board's applica- For the past several years,the plaintiff has k. b t y a._irt{t ,. 4 k 3 `jn for further appellate review to consider used a portion of this property to cultivate j •F, ,.. , xbegin , L kt..' s •3 Y T, claim that the excavation and removal of 1,000 trees to restore the forest and to {• _{; $''' 000 to 400,000 cubic yards of gravel from a Christmas tree farm. After consulting ex- I , • a• hilly five-acre portion of the plaintiffs thir- perts,,3the plaintiff realized that a "cut ° r 4 x ; nine acre plot is not incidental to an agri- your own" Christmas tree farm would be ` . .ct•t j t, " k=`4'cultural or horticu�tural342 use of the land and much more profitable than a saw log opera- ia{ ; 4"` cF M therefore is subject to the local zoning by-law ton. During winter, neither mechanized _K tf o P3 per , prohibiting commercial earth removal. See farming equipment nor customers of a "cut : l; '', P.'"';,,‘,. ." �,.rk." ' ;: $,- '• generally § 15 of the zoning by-law of the your own" operation would be able safely to Ix')."s x fi • town of Dunstable. have access to the proposed five acre areas: H unless the steepgrade of the land,created ' r ' .�,z s ;t��R The plaintiffs property is in an R-1 resi- by � a �� �"� - �,. i re sdential district within the town of Dunstable. an esker, is leveled by removing 300,000 to ]G VFR ��` • '°-' 400 000 cubicyards of gravel. s. - ,Y • 'tr t In an R-1 district an owner may remove or ii-' 4, '� , �.transfer earth within the property bound- To realize her contemplated "cut your 'a,,. sr• • aries. However, Dunstable's zoning by-law ' .4'Y`"+� tr° �� ,,� own" tree farm, the plaintiff planned to hire � ��,��,� :',, prohibits commercial earth removal in an R— a contractor to remove 100,000 cubic yards of , -"tr4 "_ 1 district as of right. The plaintiff applied to i • �, t., V �h'' fa gravel annually until the necessary gravel the Dunstable board of selectmen (select- .$ ,0,1, '' N,� ;.. was removed (at least three to four years). — s ��.�;�_h .,.? � ,� ' men) for a special permit. The selectmen — t ' .has, f The contractor would sell the gravel at the s ,t f i , denied the plaintiffs application. '� t , ,,7 market rate, currently one dollar per cubic t g i- �s r • „v z ;• ,The board denied the permit on the yard, and share any profits with the plaintiff, • a ,1 , ,,s `n ground that the removal operation would be which she planned to invest in startup costs k ' f4o : . "injurious, noxious or offensive to the neigh- of the "cut your own" operation. Eight t{.2 t . 1 w ,boyhood" within the meaning of the applica- years after completion of the excavation and . �°�� 1' ,, ,r ble by-law. The plaintiff appealed to the planting a sustainable annual crop of 700 to s t. r Fi q • ` ': Superior Court on the parties' stipulation of 1,000 Christmas trees is expected,which cur- 1, ',;, �' �3 • facts. A Superior Court judge determined rently would sell for thirty dollars a tree. e; '4- >+ - ,• that the proposed use was exempt from regu- CMS it�� '' ✓ ' ration by the Dunstable zoning by-law,under 2] II. Incidental use. Because § 3 ; td'a 41 CO ktl k ' 5f1.G.L. c. 40A, § 3 (1992 ed),' as incidental to of the Zoning Act, G.L. c. 40A (1992 ed.), \ -g,1 to • -' x'" *-;, an agricultural use, and that the plaintiff does not define "agriculture" or "horticul- ,1<, ii, 3-: ` couldproceed with the earth removal opera- x i`ff �� " ,.�, I p ture," we look to the plain meaning of those is bon. The Appeals Court affirmed. Henry v. terms in deciding whether the plaintiffs ac ' tea' ' . a . :Board ofAppeals ofDunstable, 36 Mass.A 4-,` �qn-' p? pp• tivity is agricultural. See, e.g., Building In- ,���� ' ryCt 54, 627 N.E.2d 484 (1994). We allowed spector of Peabody v. Northeast Nursery, f 1 -� ' + -", the board's application for further appellate " ` �, ,, /_ pp pp Inc., 418 Mass. 401, 405, 636 N.E.2d 269 :t ' 3ti ' review. We reverse the judgment of the :f -, ' " (1994). The planting of evergreen trees for s � �k r `t- x Superior Court. �4 - either a saw cut operation or a "cut your i 0 . ara, t ,i" I. Facts. We summarize the following own" Christmas tree farm is within the corn- ;? r � • ''r• from the parties' stipulation of facts. Kath- monly understood meaning of agriculture or !,, = z x = t t• General Laws c. 40A, § 3 (1992 ed.), reads in cial permit for the use of land for the primary 13 i . rtv' ` '„ +-' pertinent art: "No zoningordinance or -law purpose of agriculture or horticulture...." 1 ti '.;::"`:::,;-';.:':;:A",-r P Y P rP g 1 ] t �9 ,ta, �.; : shall ... unreasonably regulate or require a spe- 's' , ;:y I y ai s, is `i : .!11 t t f A:,'121‘'•,-iii ' Rol•r 1 ` ,l '+�.}'},, tr ''n,1i. E' J • 4e� .- , � ai r rr '�,a3 3 . 4 ' i`- :• `< 8:'/ , c..,,,F.,,,,,,„, 5 eil '4 h s t, ti .t -4 '7C ' :''' 1 rC f ' i . rr } 2 y 1 4 .f s'r s t i'r" % ti« , 74 r,'N .`e, "�t* 1 y,r,i 'e 7 - 3 ,d i'q;;. t`` e t • 'd v"r. �3 1. r�4 t"f r F — •, is s • , 9 1336 � � ��,,� r, >; Mass. 641 NORTH EASTERN REPORTER, 2d SERIES ,; , �s e i; horticulture. The board does not contend whether an activity is an"incidental'use 4 ,ri a l otherwise. fact-dependent inquiry, �. p q iry, which both coin, F, 1 '�� I [3] The board asserts that the plaintiffs the net effect of the incidental use to that"rd, ` `k4 ? proposed earth removal does not qualify for the primary use and evaluates the ._;` 1" *"N ` 1 : the exemption because it is a major indepen- ableness of the relationship between the`;`~ ' , ( dent commercial quarrying project, separate dental and the permissible primaryt � ;' �'���t q Yi 6'P j � P uses. L� 4 � _ i and apart from any agricultural or horticul- analyzing the plaintiffs proposed earth Y , . i tural use. Two statutory provisions provide va1845 project, the focus is on the ,F' ' ; guidance in interpreting whether the scope of itself and not ... such external consi, Ili; ' the agricultural use exemption fora ations as the property owner's intent or ` . ( p ' pro- P P Y posed evergreen farm includes an initial, er business activities." County of Kendalla '"�' 2 large-scale excavation project. First, G.L. c. Aurora Nat'l Bank Trust No. 1107, 170 ]1V i t`11 128, § 1A (1992 ed.), defines "agriculture" App.3d 212, 218, 120 Ill.Dec. 497, 524 N.E , ' hti and"farming"to include practices by a farm- 262 (1988). ' 4 k ` � a er on a farm incident to or in conjunction ' ' + with the growing and harvestinj4of forest The word "incidental"in zoning bylaws p .s , '.'r products? Second, G.L. c. 61A, § 2 (1992 ordinances incorporates two concepts: .."It 31,' 4._ ed.), defines "horticultural use" to include means that the use must not be the primer !� uses "primarily and directly" related to or use of the property but rather one which is ,, �� "incidental," and "customaryand necessary', subordinate and minor in significance., y d to commercial raisingof nurseryor But `incidental,' when used to define an ae-green- fir:. � house products and ornamental plants and cessory use, must also incorporate the con. w ' .. l shrubs? Thus, the scope of the agricultural cept of reasonable relationship with the prl.'1 - -.y or horticultural use exem tion encompasses mart' use. It is not enough that the use be, P P *' t471' related activities. Because the proposed ex- subordinate; it must also be attendant or # ~.. cavation of 300,000 to 400,000 cubic yards of concomitant. To ignore this latter aspect of`ii,;a� t ' gravel is not primarily agricultural or horti- `incidental'would be to permit any use which 27•;; • 1.1,ti cultural, the issue is whether the proposed is not primary, no matter how unrelated it is k t • } excavation is incidental to the creation of a to the primary use." Harvard v. Maxan4 ?} r t� -- your360 Mass. 432, 438, 275 N.E.2d 347 (1971). Ali "cut own" Christmas tree farm. ' [4,5] Uses which are "incidental" to a quoting Lawrence v. Zoning Bd. of Appeals s t- " of N. Branford, 158 Conn. 509, 512-513, 264 x permissible activity on zoned property are A.2d 552 (1969). ' i permitted as long as the incidental use does , r; 4a: not undercut the plain intent of the zoning The plaintiffs activity meets neither aspect ,r `= by-law. 2 E.C. Yokley, Zoning Law and of an incidental use. The proposed gravel k,, 3 Practice § 8-1 (4th ed. 1978). An accessory removal project is a major undertaking last ry• ek°:{,: or "incidental" use is permitted as "neces- ing three or four years prior to the establish- `� ) �` " kr ;. sary, expected or convenient in conjunction ment of the Christmas tree farm. That pro- i4'_ c. '`; 1 : with the principal use of the land." 6 P.J. ject cannot be said to be minor relative to a s k 44;. Rohan, Zoning and Land Use Controls, proposed agricultural use nor is it minor in § 40A.01, at 40 A-3 (1994). Determiningrelation to the present operation. Nor can ?, M a� 2. Section 1A provides in part: "'Agriculture' the purpose of selling such products in the rep t ~', and 'farming' shall include ... the growing and lar course of business or when primarily and 1-A• harvestingof forest- products upon forest land directly used in raising forest products under a p ., and anypractices, includinganyforestryor `'rep. lumberingoperations, program certified by the state forester to be a , 1 p performed by a farmer, planned program to improve the quantity and who is herebydefined as one engaged in a ricul- s .. g quality of a continuous crop for the purpose Of all• ture or farming as herein defined, or on a farm selling such products in the regular course of ' as an incident to or in conjunction with such x; � farming operations....' i business; or when primarily and directly used m ,� , a related manner which is incidental thereto and ! r ? 3. Section 2 provides: "Land shall represents a customaryand necessaryuse m ,� ` 1e,,... P be deemed i- P =.',a.; .: be in horticultural use when primarily and di- raising such products and preparing them for c?r„., s rectly used in raising ... nursery or greenhouse market." products, and ornamental plants and shrubs for 41),�.: j 4�c y aYtw:. f ' `{ i �w }}; acre k F=1 ± ,r.� :,r;. -..'. *... b .: 4. '•: -.3z s v: '� +ETif " ..e e ..n.. • 1 ... , ..' T _ n•i" 'K, ...... .� �:*aryYi .�C�r y b+- i H. t s, f t .{ `t r !'' M 7 t �.•+1, r T Sl l -C 't7 6 y,.. t [ & ✓ �y , l i ,r Y '•r m .. r k ,i. K 4.t.,"* , k � r.. a t • a K r .� , r, ; F. .. 1 ` �. g , d t '' 't'' 'a rY7' a F '4'''"nn % - . '; ; : a k F :� kt"r 7;tt I� y? 1 v Misr z • 'F 1 t4 nc.z•: ..�. e t ' .:•''; .s "•a s S ' • Zs P Li 1 s t.ea t t c - T . HENRY v. BOARD OF APPEALS OF DUNSTABLE Mass. 1337 ¢," a Y ` ,&�3 6 , Cite as641 N.E.2d 1334 (Mass. 1994) iY r t i' s; `, .•"`alrying activity be said to bear a rea- Id. at 48 & n. 2, 574 N.E.2d 1014, quoting t, , ?y;,?f , e relationship to agricultural use. Webster's Third New Int'l Dictionary 1142 , i t. • ;1 ::; Inspector ofh'� �"f 4 t on v. Building pBrockton, (1971) ("subordinate, nonessential, or attend- tl 4 F .,Mass. 472, 221 N.E.2d 736 (1966) (con- ant in position or significance")and American ' r, t s t:'4`x �, ` -;1 s t ction of new building to operate agricul- Heritage Dictionary 664 (1976) ("[o]ccurring fy • $ './ ` L r". machine on farm in residential district as a fortuitous or minor concomitant inci- ( r�a d E g ' &.,', ' reasonably related to farming activities dental expenses"). Applying this definition a '?�to :" ; 4-thus permitted under zoning ordinance). of incidental use,the court then considered t ? '. a ',4 Ei' ^�' conclude that the net effect of the volume the net effect of the proposed activity on the ''•�;`+y 44. -f2� :` t } l'` h to be removed, the duration of the surrounding area. V,' i"' tt sr ' 1 - ect, and the scope of the removal project q S �`$ 7 , } Yf ,inconsistent with the character of the In our view, the Appeals Court in Old ! ° '� 4 ColonyCouncil, supra, - ._: g and intended agricultural uses. correctly considered h ;ia ,. "e think that the plaintiffs case is gov- the "net effect" that the proposed cranberry r`v`ri`4� t. .r bo would have had in the rural residential ; t ... `'� ed by Old Colony Council—Boy Scouts of g i ^} ?,-ty s 4 t a.t. area and concluded that the effect was so I i b y , �,: t `u Zoning Bd. of Appeals of Plymouth, *i Mass.App.Ct. 46, 574 N.E.2d 1014 (1991). great that the excavation could not be said to a•' u z.) '4 ... .c' Old Colony Council, the Boy Scouts of be incidental (or attendant or minor) to the - s 3 r cranberry bog. Id. at 49, 574 N.E.2d 1014 ; , } f r r; ,s .;erica applied fora permit under a Plym- , r. .f . r th zoning by-law to excavate 460,000 cubic given amount of gravel to be excavated, c j wt ,; r= estimated duration of excavation of project, ,; ' sI# '`k • ds of earth in order to create a crap- p J ` .s and profit to be made from the excavation, ,t 6= .,,�� 1 ', -. bog near a campsite in a Rural Resi- f 4 t .-tial District." Id. at 49, 574 N.E.2d 1014. excavation was not incidental to proposed e tilt, f $ cranberry bog). Interpreting accessory use " , (. , e Plymouth zoning board of appeals de- ! �$] & , 4 provisions to require both that an incidental e r '€ r a. , R ,ed the application on the ground that a q �i� t � :j7 i al permit was required for such an exca use be minor relative to the principal use and 4�7' Tation project. The plaintiff appealed to the that the incidental use have a reasonable or Court which affirmed the denial of relationship to the primary one is essential to t. �s ast r preserve thepower and intent of local zoning \ 3 ' } the permit. The Appeals Court also affirmed g 'r 16 }� .; `. oil the ground that, considering the volume of ar�thorities.�7 Any other construction of the I k ,'i"r.1')• 4 k.Baith to be excavated, the duration of the statute would undermine local zoning by-laws r."4...ict.:-.‘ �.k ,.or ordinances. Applying the same reasoning F � ' , � Asect, and the funds involved, the excava- ,l , t �, *! ; " to this case, consideringthe amount of gravel k+ .i' r t s f>~on was not incidental to the proposed cran- f{-3 x z Av >- ,r to be removed,the duration of the excavation ' ' ' l, bog. Id. (because "the proposal in- K t x} olved the removal of 460,000 cubic yards of and the monies to be realized from the exca- A �`i r , vation the removal of o Ifill over a two and a half year period and an gravel cannot be said c � , � t " `r" to be minor or dependent on the agricultural �=" ,z � F�, "'excavation which would provide substantial ,' a rt M, t ,,' : r tom.. , inds in excess of the cost of constructing the use. $s ? r L bog, the judge was warranted in upholding The magnitude of the plaintiffs mining (1:1 47;. -s`- 3.1he boards's conclusion that the excavation of operation, if permitted, would be "a de facto 'Ili/ i 4, �, ? -}x material was not incidental to the construe- quarry operation to be carried on in violation ni {, s t' ' on and maintenance of a cranberry bog"). of the [Dunstable] zoning [by-law]." County I 1 ti 'w $'" 4 LL'In its reasoning, the Appeals Court stated of Kendall v. Aurora Nat'l Bank Trust No. 1 17 ��x^ ,E-' ythe plain meaning of "incidental" to be 1107, supra 170 Ill.App.3d at 219, 120 Ill.Dec. F .- .,, , '"something minor or of lesser importance." 497, 524 N.E.2d 262. We conclude the spe- f 'l f �t f° 3 '4 � F. ,1:- The Appeals Court cited, 36 Mass.App.Ct. 54, construct pond for irrigation was incidental to `, t,:if`.r L ,(` , ,.if 58, 627 N.E.2d 484 (1994), out-of-State cases in primary agricultural activities). However, in L '. 'iu " ": support of its conclusion. See, e.g., Atwater each of the cited cases, the net effect of the iI ( �: " t,- F r'd" , "Township Trustees v. Demczyk, 72 Ohio App.3d "incidental"use was minor in comparison to the , {i,4 t'�` t` `"' 763,596 N.E.2d 498 (1991)(excavation to create r* T;f 1{ ' ` -1 " lake and track for horses on fifteenyear old primary use, especially because the agricultural �, ,* • t:' ' r, ,. usepredated the excavation. Furthermore, to F i' , r horse farm held incidental to agricultural activi- ; . lis { 's r g the extent that those cases are inconsistent with + �`rrc. tY)' VauGundy v. Lyon County Zoning Bd., 237 the result we reach, we decline to follow them. ' 3 •`a ' ,fig rp . s r Kan. 177,699 P.2d 442(1985)(quarrying rock to cq } t: ,£" t ti.. ,, { r } tt tF i ° ' -cN-r n ' 'i "� a sd 4' , e ?Y .wt, t {z ,. � f4. . . y a " y , r4tt' R f ' q.. sl 4 ' 1338 Mass. 641 NORTH EASTERN REPORTER, 2d SERIES ` s�4z'. ' ' cial permit was properly denied because, self-incrimination by finding that refusal`i.;,— F ,` i tin .' "[t]o hold otherwise would be to allow the deliberate misconduct. x�P`.,,1k W4, 41 = s statutory exemption to be manipulated and V pa� -0. ,, �;' Affirmed. �' x twisted into a protection for virtually any use ay. of the land as long as some agricultural , 't ' s: dt t ' ; activity was maintained on the property. 1. Statutes a270 '116, , F i . i The [town's] zoning power would thus be Absent language mandating re. :, ; • 0 :i °< rendered meaningless. The Legislature can- tive application of amendment,amendedsii, ' at not have intended such a result when it ute should not be applied to conduct ; ' created a protected status for agricultural ring prior to effective date of amen `` 1 i purposes." Id. > -'.r f 3; � 2. Social Security and Public Welf '--.. s (� This matter is remanded to the Superior 0=659.1 , ' i i Court for entry of a judgment affirming the Department of Employment and ., 1' k t .; board's denial of a permit. ing's board of review is sole finder of facts So ordered unemployment compensation case. ;F._ p I„ `� 3. Administrative Law and Proced 1q e { x: w «763 788 :#.r + 5 �`% e r ' O EKEY NUMBER SYSTEM0•t Y,h: T Social Security and Public Welfare 4. <�666 r ' :. k , g, On review of denial of unemployment , 4 .6. m"' compensation benefits, court's function isto£ �� , . < � determine whether review examiner appbed 4:' . •-4 ' . correct legal principles and whether review: v, ,, 418 Mass. 855 g p p ,'� >.; examiner's findings are supported by evil, r -` at55George QUINTAL dence. .M.G.L.A. c. 30A, § 14(7). " v' 4. Social Security and Public Welfare .,r� COMMISSIONER OF the DEPART- a566 ;ta-. T h( fi : MENT OF EMPLOYMENT Employer has burden of proving that ' , AND TRAINING. unemployment compensation claimant should -71 1.,4. , be disqualified for willful misconduct._, +a ,� ;,t , Supreme Judicial Court of Massachusetts, M.G.L.A c. 151A, § 25(e)(2). -; ,',.......re --4'. Bristol. `` 5. Social Security and Public Welfare � Submitted Oct. 3, 1994. «388.5 ... ,' Decided Nov. 16, 1994. Review examiner could deny unemploy a s ment benefits based on claimant's admission 42., "; that he removed employer's property and his Unemployment compensation claimant refusal to tell employer what had become of ,A 4 appealed from judgment of the District property, notwithstanding contention that,as t•`, Court, Bristol County, John H. O'Neil, J., employer discharged claimant for theft of ', 5i affirming decision of Department of Employ- ' company property, he was disqualified from ,' F ' ment and Training denying benefits. The receiving benefits on basis of conduct that r, i '' Supreme Judicial Court transferred case on was not reason for discharge; discharge and y i its own initiative from the Appeals Court. denial arose out of same basic conduct. i The Supreme Judicial Court, Nolan, J., held M.G.L.A. c. 151A, § 25(e)(2). " that (1) claimant's refusal to tell employer ta � what had become of employer's missing bar- 6. Social Security and Public Welfare t. . rels was deliberate misconduct in willful dis- a388.5 ,�� regard of employer's interest disqualifying Claimant's refusal to tell employer what 'k1 t him from receiving benefits, and (2) Depart- had become of missing barrels was deliberate F �, ,,,,; 1 ment did not violate claimant's right against misconduct in willful disregard of employer's i f 3pt��, Jz.j F 4 l h F2 --'• , , -.. 1, � : E4 ' Cb r1.2§ r Ma„-,,,,1,,,,. ,c p ^;k't, .it.;-,i, ; s = s . s ',,,1; s —s�.. k.1n ." . � .. . . tr. - . . , 4, 7 r 7 _ " .)t !J k 4 f to j h ` 4 1.. A} f C.} , 3.}�,:Y.;.{ t ' _.}} .! t 1� f '. .V." + °.,,. i<h. Yas' a{Y,�y1 ty 6 5,, i a. , 4 f p „1 t x�. ',''.:7%.1 t�Y+ y `'" g y. -4`kt av �F.'" ... � SrF.', xS` y0 +C'<m.�'.`11- .a i, .. ''',,.- .:�k, v •k. r� 'a+. Dk `#� .s. °YS ""Grt .:r . r`t ,5 � t { $ '; s;Q'�' MODERN CONTINENTAL v. BLDG. INSPECTOR Mass. 247 : ;+ i " Cite as 674 N.E.2d 247 (Mass.App.Ct. 1997) ) i r ; p Nicola Favorito,Quincy,for defendant. ; 1110, k i?} > > a, #' 42 Mass.App.Ct.901 Joel Lewin (Jeremy Ritzenberg with him), { 4sF2 Y 1MODERN CONTINENTAL Boston,for plaintiff. �� ' = CONSTRUCTION CO., Herbert W. Vaughan, Charles P. Kindre- i 4',f IP, ; 4 t , µ s s� INC. gan, Boston, for Lookout Ridge Improve- s ' `�y al f , r,r -K v ment Association, Inc., amicus curiae, sub }r r $' r r,M)a', mitted a brief. s is ,.is.c1 t fi,� ''q UII,DING INSPECTOR OF NATICK. 'i' ' No. 95-P-437 RESCRIPT. h x d `, �s•� 1 -W ,e;iPu ',.., Appeals Court of Massachusetts. Citing noncompliance with the zoning by- , , law, the building inspector denied the plain- � � • k f , . Jan. 2, 1997. tiffs application for a permit to renovate an i� " +` r A�, existing barn for the purpose of slaughtering ? �{ � � > " ,n�� livestock raised on its premises. The plain 1 , .z4s , .. r, Landowner brought action challenging tiff then brought this action under G.L. c. d � xh ' ding inspector's denial of permit to reno- 240, § 14A, c. 185, § 1(j'h), and c. 231A. On (�' �s r '° t existing barn for slaughtering livestock cross motions for summary judgment, the i i; $ 14A. � „ on the premises. The Land Court Land Court judge concluded and declared * men in favor of landowner. Building inspec- that the plaintiffs slaughtering of livestock r,c , , _�t: aealed. The Appeals Court held that raised on its premises was. agriculture enti- , t a ' `' PP •; • glAughterhouse for butchering animals raised tied to the protection afforded by.G.L. c. Y r t 4 �x-.; Ot► the premises was for agriculture within 40A, §'3.We affirm the judgment. �, `�. { y F 3 }ute aping of statute which prohibits zoning aka ^f ' x 1. The undisputed facts. The plaintiff 'Ordinance or bylaw from prohibiting, unrea- owns the"locus in issue, "Lookout Farm," t�'� a 1" x ,h. gonably regulating, or requiring special per- which it uses for the production and sale of 3 _ � ' ' ^_ nt for use, expansion, or reconstruction of fruit,vegetables,herbs, and livestock, includ ',sr - " ` "`° ,' 'existing structure for primary purpose of ing ostrich, deer, lamb, calves, sheep, goats �r ' culture. '; •' chicken, pheasants, peacock, and rabbits. t • Affirmed. The farm is about 110 to 115 acres and has 1 t ' been in continuous agricultural use for over E as Ott 5 ▪ °.: three hundred years. It is situated in a Zoning and Planning a279 zoning district in which farms for raising, t• , r Slaughterhouse for butchering animals keeping, and selling certain animals are al- ▪ + ; {f r ed on the premises was for "agriculture". lowed as matter of right 1 .� 'I z 'ithin meaning of statute which prohibits •Animals raised on the locus are kept for 4: ,Z. n}f. zoning ordinance or bylaw from prohibiting, breeding purposes, sold live, or sent off u t Y bt F unreasonably regulating, or requiring special premises for slaughter. The meat and poul- Tv ' ^< ti permit for use, expansion, or reconstruction try produced by the slaughter are sold at a ,11 of structure for primary purpose of agricul- farmstand located on the locus, sold at either s ` . fore, even though Department of Public of two restaurants owned by a corporation X. '�� b Health, rather than Department of Agricul- controlled by the plaintiffs, or sold to other s ' ` �tur'e, regulated slaughterhouses, and even meat and poultry retailers. : j h` though slaughtering could become industrial u t or business use when removed from agricul- In March of 1993, the United States De- partment of Agriculture approved the plain- ' I Aural setting. M.G.L.A. c. 40A, § 3, c. 61A, • 4: r 1`.1, c. 94, § 120, c. 111, § 1, c. 128, § 1A. tiffs application to construct a slaughtering „, , ; facility for sheep, goats, rabbits, and poultry t z p x - See publication Words and Phrases .' ' *,3 for other judicial constructions and def- on two floors of an existing barn on the locus. f, ai 1 initions. To put the size of the proposed project in r;:: .i::: Il, g�I Because this dispute was argued and decided discuss the zoning by-law. l Yetunder G.L. c. 40A, § 3, we need not set out or1:. {:. ` r ,': 41' .. { ) 3lM�1�, , F t : � 2Y 5 LL 3 - - .p^ ,,.. . f'•' ;;:'� ; t' x14 +4! y Igs14� j ME_-r� • 4 3" y�J t. t:yY5 i _#.`... '•-� .. >.° .a. .. — .'.:v i, n... .' .. r_ 1:f kr,� .. a, ,.''.. u.".Ai:A t - -•• 71,••,.., ..t •., r -14- •••,• .y .`H'�•.•?� ti.. y , r 248 Mass. 674 NORTH EASTERN REPORTER, 2d SERIES ,7 ..'' Sty context the total of all building square feet Ct. 401, 494 N.E.2d 42 (1986), the Land m on the locus is approximately 50,000, and the Court judge reached the opposite conclusion .' slaughterhouse will occupy about 2,610 See Steege v. Board of Appeals of Stow, 26 ' •; square feet of the total 14,400 square feet in Mass.App.Ct. 970, 527 N.E.2d 1176 (1988) , � ' the barn. Two months after Federal approv- We see no error in the Land Court judge's i` al of the project, the plaintiff applied for a reasoning and adopt it as our own. 'k-d r • building'permit to alter the barn for the Various statutes defining "agriculture" �' v slaughterhouse. The building inspector de (see, e.g., G.L. c. 61A, § 1; G.L. c. 111, § 1, i'; nied the application on the stated basis that a G.L. c. 128, § 1A) as well as dictionaries(see, 4 "slaughterhouse does not comply" with the e.g.,Webster's Third New Intl. Dictionary 44 zoning by-law. [1993]; Black's Law Dictionary 68 [6th 2. Discussion. General Laws c. 40A, § 3, ed.1990]) include within their definitions the ' as amended by St.1989, c. 590, provides in activity .of preparing animals for market pertinent part: "No zoning ordinance or by- We think it reasonable to regard the slaugh �" law shall ... prohibit or unreasonably regu- ter of animals as a normal and customary late, or require a special permit for the use, part of preparing them for market. It then expansion, or reconstruction of existing follows from the acceptably broad definitions structures thereon for the primary purpose of the word "agriculture" that a slaughter of agriculture, horticulture, floriculture, or house used for the butchery of animals '*. ?-c : ! viticulture . .. provided that during the raised on the premises is primarily agricul- months of June, July, August, and Septem- tural in purpose. - F.;j i. ; ber othpevery year, the majority of such Our conclusion does not conflict with Lan- products for sale, based on either gross sales gevin v. Superintendent of Pub. Bldgs. of 5' dollars or volume,have been produced by the ` owner of the land on which the facility is Worcester, 5 Mass.App.Ct. 892, 369 N.E.2d r F F 739 (1977). The narrow holding of that case, �,, located,except that all such activities may be that the term"processing"was broad enough limited to parcels of more than five acres in to bring a slaughterhouse operation within area not zoned for agriculture, horticulture, the scope of the zoning ordinance which per- " R` floriculture,or viticulture." mitted as of right the "[m]anufacture, assem- It is the position of the building inspector bly, processing, packaging, or other industri- and the amicus curiae that the use of words such as raisin and kee m in respect to � operations" within a particular district, g" pi g" P does not compel the conclusion that the on- animals in the statutory and dictionary deft- site processing or slaughtering of animals '!, nitions of "agriculture" is an indication of a raised on the premises cannot be an agricul- c legislative intent to exclude the slaughtering tural activity. See Deutschmann v. Board of ` n and butchering of livestock from agricultural Appeals of Canton, 325 Mass. 297, 301, 90 activities. For support,they cite to decisions N.E.2d 313 (1950). The fact that an activity, E y' from foreign jurisdictions.' They claim that such as slaughtering,can become an industri- additional support for their position is found al or business use when removed from an I. in the fact that slaughterhouses are regulat- agricultural setting does not mean that activ- ;` ed b the Department of Public Health, see Y P ity cannot be primarily agricultural in pur- G.L. c. 94, § 120, rather than the Depart- pose when it has a reasonable or necessary . ment of Agriculture,see G.L.c. 128. � � relation to agricultural activity being con- Starting with the premise that the "`agri- ducted on the locus. See Jackson v. Build- cultural use' exemption has been interpreted ing Inspector of Brockton, 351 Mass. 472, broadly by the appellate courts," Tisbury v. 478, 221 N.E.2d 736 (1966). Further, the Martha's Vineyard Commn., 27 Mass.App. fact that slaughterhouses are regulated by Ct. 1204, 1205, 544 N.E.2d 230 (1989), and the Department of Public Health, see G.L. c. tracking the analysis used in Building In- 94, § 120, rather than the Department of spector of Mansfield v. Curvin, 22 Mass.App. _12,23Agriculture, see G.L. c. 128, is of no rele- 2. It is unnecessary to discuss those decisions are readily distinguishable on the basis of their ; because, as noted by the Land Court judge, they facts and the applicable statutory provisions. i 0'' i r " : F j '4,51. ; COM. v. WALKER Mass. 249 ! ' `,� ` ( V� ,tt f ' i Cite as 674 N,E,2d 249 (Mass,App,Ct, 1997) �y f �, N9, '4- .to a determination of whether the particular statement to social worker did not -� f. I. " _ "' is beingdone for an agricultural impermissibly restrict defendant's right to i ( a T 4 r�, tering � P Y g � � `' ;ra 'f' rialpose cross-examine complainant. • t ,jf . ,dut urp , i ' ti r � , Affirmed.e record gives no support to the build- 'b.4fq +_. pector's concern that the plaintiff in- f , ;n" r„1•F:to slaughter animals other than those :i i dl t ``'Ifir�`', �. on the locus. The judgment itself 1. Indictment and Information«191(8) 1, 4 A& 7 ', ,,t the permissible scope of that activity to Indecent assault and battery on child �1{l' '11 r0 7 7, Lock raised on the premises. Moreover, under 14 was lesser included offense of t' s't cl.} nditions may be placed on a building charged crime of forcible rape on child under • I. • x �$ '* ; ,x a „•t •to prevent its use for unlawful pur- •16, even though indictments did not name 4 4. �'t' 'J �{ �l s Kicker v. Board of Appeals of Rayn complainants or state their ages to be under 1 I`. `� , } '' '.33 Mass,App,Ct, 111, 115, 596 N,E.2d ='i, a +r (t4 14, where defendant's discovery pleadings 6 5} (1992). showed that it was undisputed before trial R 4. '' �' n V tulgment affirmed, that complainants were under 14, M,G,LA ;ff • l 4 l ' c.265,§§ .13B,22A. ( j T k 0 EKEY NUM BER SYSTEM ( U il- `t' r 2. Indictment and Information '191(.5) �, ;, � 5 t' c . In determining whether one offense is i, j `„� �, ri.11 ' lesser included offense of another, question t ;,i+;V�$-7 42 Mass.App.Ct. 14 that must be answered is whether all ele- )A + ` fi° ', '�'T: '�_F j COMMONWEALTH ments of lesser offense are included within k k greater offense,not vice versa. ill 1,-'''',,, T s'A Gerald WALKER. 3. Indictment and Information«191(.5) .4tf y A Y a, . �F " No. 95—P-450. Doctrine of lesser included offenses "s �, , _ serves public purpose: it allows jury to con- �it ,, Q w r� >* '� `'578 4 Appeals Court of Massachusetts, vict defendant of offense established by evi- 1'& y� y • , j' .` Hampden. dence, rather than forcing it to choose be- `� 4 ' ri, „ ' ,- : 1a� i i tween convicting defendant of offense not ? ' x s, Argued Oct, 15, 1996, W fully established by evidence or acquitting (i' Y 3 i* Decided Jan, 2, 1997. even though defendant is clearly guilty of '; Further Appellate Review Granted some offense. t p ,t Y April 3, 1997. `?t ti� _ a ' 4. Criminal Law a1137(1) ;,' Defendant, who at charge conference it -s vti , ,: tt ..' t t,:Defendant charged with forcible rape on withdrew objection to lesser included offense r ,y,a; , .;, `V'child under 16 was convicted of indecent instruction after trial judge stated that he _ „+ l assault and battery on child under 14 follow- would include the instruction because evi9 E iag jury trial in the Superior Court Depart- dence of penetration was only slight, ac- {it '` .' anent,William H. Welch, J,, and he appealed. quiesced in lesser included offense instruc- S �2s 'k ,w - The Appeals Court, Gillerman, J'., held that: tion, and could not on appeal claim to have L :.Er a` u��,�;. PP � n� �; x a ; '(1)under circumstances, crime for which de- been prejudiced by instruction. i a ' feadant was convicted was lesser included { r offense of charged crime; (2) defendant did 5. Criminal Law«632(5) i` k , { ,: ,t 1not establish the reasonable foundation of Defense counsel's representations that r` rr, ,i-3 prior similar sexual abuse necessary to allow public records in acrimonious custody battle 1 t him to voir dire complainant concerning al- revealed that complainant's mother had al- 1 i u "K leged sexual assault committed on her by her leged that complainant's father sexually as 3 ; A`: ` * y` 't' father• and (3) denying defendant use of so- saulted complainant did not establish the rea- 1( F:' 's ' •- cial worker's report to refresh complainant's sonable foundation of prior similar sexual fg 1 ' f , ;. c'" recollection about whether she had made abuse necessary under Ruffen for defendant T t y , ; .. . _ ., .•_ ' k t 4X,1�rT'c s r r ,, i .S��r.hw t $ ,4''r' 1-1 t I'., , . - .. t K-' y,L r��rsf i,) tine,,,^ ea p.', ''.-. r* ss ° ('r4 d '•r h-. , u r -,,v�i i' tk4i J } M' r a .. 8 8 PEPESKIIAARD LLP LAW OFFICES 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 March 5, 1999 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Brenda Tri &Victor Cillis Oktober Farm, 2051 Main Street, West Barnstable MA Dear Mr. Crossen: Attached please find a January 14, 1998 letter from the Massachusetts Department of Food and Agriculture to the Zoning Board of Appeals for the Town of Barre, addressing the issue of a horse operation. As you can see, this Department cites to both Chapter 128 of the Massachusetts General Laws and the Steege case in reaching its decision that a riding academy is an agricultural use provided with exemption pursuant to Section 3 of Chapter 40A. Respectfully,I would again ask that you rescind your Cease and Desist Order. If there are any questions,please feel free to contact me. V truly yours, ulie C. Mo Attachment cc: Ruth J. Weil, Esq. Brenda Tri &Victor Cillis, M.D. BOSTON 4-1 HARTFORD 4-1 SOUTHPORT -MAR. 5. 1999 12:43PM DEPT OF FOOD+AGRICUL NO. 7807 P. 1 COMMONWEALTH OF MASSACHUSETTS t _':' �_ EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS __ ':�- DEPARTMENT OF FOOD AND AGRICULTURE -I, ','` 100 CAMBRIDGE ST.. BOSTON. MA 02202 617-727-3000 FAX 727-7235 January 14, 1998 ARGEO PAUL CELLUCCI VIA FACSIMILE TRUDYCOXE Goven►or (978)355-6152 Sccrctary Zoning Board of Appeals JONATHAN L.H ALY Coioner Town of Barre Henry Woods Municipal Building Barre,MA 01005 Re: Glenn and Sandra Dubey,467 Loring Road,Barre,MA 01005 M.G.L. Chapter 40A,Section 3 Dear Members of the Zoning Board of Appeals: I wanted to take this opportunity to submit the Massachusetts Department of Food& Agriculture's(the"Department's")position on the Dubey property in your town. The Department finds that the horse operation being conducted at the property by the Dubeys constitutes an agricultural use and accordingly Massachusetts General Laws Chapter 40A, Section 3 ("MGL c. 40A, § 3")applies. In the nearby Town of Stow,a similar situation arose in 1984 in which the Massachusetts Land Court ruled that the operation of a boarding stable for horses and a riding academy was an agricultural use protected by said MGL c_40A, § 3. On appeal,the Massachusetts Appeals Court affirmed the ruling of the Land Court,see Mitchell\Steege vs. Board of Appeals of Stow,26 Mass. App. Ct. 970(1988). Furthermore, the applicable definition of"agriculture"at Massachusetts General Laws, Chapter 128, § 1A,was amended in 1995 to include"the keeping of horses as a commercial enterprise." It is my understanding that the Dubey's farm meets this definition. Therefore,MGL c.40A § 3 applies and the Dubey's current land use does not require a special permit_ The Commonwealth's current and historical commitment to supporting agriculture is clearly evidenced in its body of laws. The Constitution establishes "the duty of legislatures and magistrates ...to encourage private societies and public institutions, rewards and immunities,for the promotion of agriculture..." (Mass. Const.Pt.2,c. 5, § 2),and Article 97 of the Amendments to the Constitution declares as a public purpose "the protection of the people in their right to the conservation,development and utilization of the agricultural ...resources." These agricultural mandates are restated and amplified in Executive Order 193,which protects land in active agricultural use. Further agricultural protections enacted by the Legislature include authorization for the State's Farm Energy Discount Program,Agricultural Incentive Areas, Agricultural Preservation District Program, and Farm Viability Program,and limitations on nuisance actions against farmers. Massachusetts has a rich tradition of protecting and promoting the_ keystone of its founding,agriculture. Post-It'Fax Note 7671 Dab/3 js f,,q _ A ► a�(� , To `,�!. KO I! h V. From/ . 41G 44id kea �toCoJDept Q Phone* °(61D Vag-3o00 02S Fax* (,,7 aa S - q 2SS Fx# — .MAR. 5. 1999 12:44PM DEPT OF FOOD+AGRICUL NO. 7807 P. 2 The need to actively foster agriculture is more urgent today than it was when any of the provisions listed above were written. Both the number of Massachusetts farms and their acreage are falling at alarming rates. From July 1997 to July 1998 alone,Massachusetts lost 27 dairy farms,and there are only about 300 such farms remaining today. As farm lands are developed,valuable soils are lost forever,along with open space,family traditions,a sense of community,and other qualities that make Massachusetts special. While agriculture is a five hundred and thirty million dollar industry in the Commonwealth,and agritourism is a growing source of income for towns,these economic benefits are just as threatened today. MGL c.40A, § 3,one of the many Massachusetts statutes enacted to foster agriculture, explicitly preempts local zoning laws. Therefore,under the Home Rule Amendment to the Massachusetts Constitution,local zoning ordinances or by-laws cannot frustrate its purpose. MGL c.40A, § 3 provides, in part: No zoning ordinance or by-law shall ... prohibit,or unreasonably regulate, or require a special permit for the use,expansion or reconstruction of existing structures ... [on land] ._.for the primary purpose of agriculture,horticulture, floriculture,or viticulture,including those facilities for the sale of produce, and wine and dairy products,provided that during the months of June,July, August and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee,the majority of such products for sale ... have been produced by the owner or lessee of the land on which the facility is located... Statutes like this foster vanishing farms and ways of life and the benefits they bring to communities,the economy and the environment. While localities may,consistent with this statute,develop interpretations that provide more explicit protection to farmers against local regulation than a narrow interpretation of this statute may allow,they cannot decide to offer less. To do so would be to defeat the very purpose of Chapter 40A, Section 3. I hope this will help you in your review of the legal arguments presented at the hearing conducted on December 2, 1998 and the subsequent decision to be rendered by your Board. If you would like to discuss this with Department counsel,please do not hesitate to contact the Department. Very truly you , athan L.Healy ommissioner JLH/mnt 9 9 10 10 DHCD - Community Profiles - Barnstable Page 1 of 20 BARNSTABLE Barnstable County SEAL NARRATIVE GEOGRAPHY GOVERNMENT DEMOGRAPHICS HOUSING CHARACTERISTICS EDUCATION ECONOMIC DEVELOPMENT TRANSPORTATION CULTURE AND RECREATION MISCELLANEOUS MUNICIPAL FINANCE NARRATIVE Narrative The Town of Barnstable includes seven villages within its boundaries. Each village has unique and significant cultural and historical qualities. Centerville, located on the south side, is primarily residential, includes the Christian Camp Meeting Association and has a beautiful beach. Osterville is located on the south side, is primarily residential and includes inlets and harbors for fishing and boating. Hyannis is the town's central business/commercial district which includes town offices and several shopping malls. Hyannis is also a fishing village and its harbor provides steamship access to Martha's Vineyard and Nantucket Islands. Marstons Mills is primarily residential and is located on Route 28. Cotuit is a village located on a peninsula on the south side, is primarily residential and has several small beaches. West Barnstable is located on the north side, is primarily residential and sparsely populated. Barnstable is located on the north side which houses the County Complex and has a working harbor and several small beaches. (Seal and narrative supplied by community) Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director GEOGRAPHY Location Eastern Massachusetts, located on the "bicep" of the Cape Cod arm. Bordered by Cape Cod Bay on the north, Nantucket Sound on the south, Sandwich and Mashpee on the west, and Yarmouth on the east. Barnstable is 53 miles east of Fall River, 69 miles southeast of Boston, and 250 miles from New York City. http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 2 of 20 Total Area: 76.26 sq. miles Land Area: 60.05 sq. miles Population: 40,949 Density: 682 per sq. mile Climate (National Climatic Data Center) (Hyannis Station) Normal temperature in January 28.4°F Normal temperature in July 70.4°F Normal annual precipitation 43.9" U.S.G.S. Topographical Plates Hyannis, Cotuit, Sandwich Regional Planning Agency Cape Cod Commission Metropolitan Statistical Area (1993 Definition) Barnstable-Yarmouth Department of Housing and Community Development Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director GOVERNMENT Municipal Offices Main Number: (508) 790-6200 Form of Government Council-Manager Year Incorporated As a town: 1639 Registered Voters(Secretary of State 1994) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 3 of 20 Number % Total Registered 25,451 Democrats 6, 938 27.3 % Republicans 6, 131 24.1 % Other parties • 12 0.0 % Unenrolled Voters 12,370 48.6 % Legislators US Senator Edward M. Kennedy US Senator John F. Kerry US Congressman . 10th Dist William D. Delahunt State Senator Henri S. Rauschenbach State Rep John C. Klimm State Rep Eric T. Turkington Department of Housing and Community Development, Areeo Paul Cellucci,Governor,Jane Wallis Gumble.Director "DEMOGRAPHICS • _ Population Trends(M.I.S.E.R.) Persons % change 1980 30,898 1990 40,949 32 .5 2000 46,417 13.4 2010 51,684 11.4 Persons by Sex(1990 Us Census) Male 19,406 Female 21,543 Age Distribution(1990 US Census) Persons Under 5 2,671 6.5 5-14 4,775 11.7 15-44 17,200 42.0 45-64 8,018 19.6 65 & over 8,285 20.2 Vital Statistics(Dept. of Public Health 1995) Statewide 1993 Resident Births 518 per 1,000 women 15-44 56.3 57.9 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 4 of 20 1993 Resident Deaths 478 per 100,000 residents 1,107 913 Race & Ethnicity(1990 US Census) Persons % White 38,213 93 .3 Black 1,078 2.6 Am. Indian, Eskimo or Aleut 271 0.7 Asian or Pacific Islander 279 0.7 Hispanic Origin 701 1.7 Other 407 1.0 Households(1990 US Census) % change 1980 12, 014 1990 16,601 +38.2 Household Size(1990 US Census) 2.40 persons per household Households by Type(1990 US Census) Households Married Couple Family 8,855 53 .3 Male Householder 478 2.9 Female Householder 1,783 10.7 Non-Family Household 5,485 33 .0 Income Distribution(1990 US Census) Households Less than $5,000 490 3 .0 $5,000 - $9,999 1,383 8.3 $10,000 - $24, 999 4,179 25.2 $25,000 - $34,999 2,542 15.3 $35,000 - $49,999 3, 175 19.1 $50,000 - $74,999 2,818 17.0 $75-000 - $99,999 1, 016 6.1 $100,000 or more 990 6.0 Median Household Income $33,411 state rank 263 % of state average 90.4% Per Capita Income $17,376 state rank 140 % of state average 100.9% http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 5 of 20 Sources of Income(1990 US Census) . Number of Average Households Income Wage & salary 11,705 $40,266 Nonfarm self-employed 2,496 27,618 Farm self-employed 135 8,863 Social Security 5,729 8,464 Public assistance 943 4,716 Retirement 3,656 11,769 . Interest 6,667 8,780 Other 1, 819 4;497 Poverty Status(1990 US Census) Statewide Persons for whom status determined 39,976 5,812,415 Below poverty level 2,711 519,339 6.8% 8.9% • • Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director -HOUSING CHARAC TERISTICS Housing Units(1990 US Census) Units % Total Units 23,370 Total Occupied 16,601 owner occupied . 11,764 70.9 renter occupied 4,837 29.1 Total vacant 6,769 . for sale 479 7.1 for rent 623 9.2 other vacant 5,667 83 .7 Owner Vacancy Rate 3 .9 Rental Vacancy Rate 11.4 Median Value (owner occupied) $160, 000 Median Contract Rent (renter occupied) $575 Value: Value is the Census respondent's estimate of how much the property, including lot, would sell for if it were for sale. Type of Structure(1990 US Census) . http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 6 of 20 Units Single Unit 19,492 83.4 2-4 Units 1,495 6.4 5 or More Units 2, 097 9.0 Other 286 1.2 Year Structure Built(1990 US Census) Units 1989-March 1990 508 2.2 1980-1988 6, 930 29.7 1970-1979 6, 114 26.2 1960-1969 3,331 14 .3 1950-1959 2,028 8.7 1940-1949 1,116 4.8 1939 or earlier 3,350 14.3 Home Sales(Banker&Tradesman) Number % change 1990 983 1991 953 -3.1 1992 1,150 20.7 1993 1,292 12.3 1994 1,162 -10.1 Home Sales &Home Prices: Data for all transactions between $25,000 and$1,000,000. Condominium sales and prices are included. Median Sales Price(Banker&Tradesman) Price % change 1990 120, 000 1991 115,000 -4.2 1992 110,000 -4.3 1993 115,000 4.5 1994 105,000 -8.7 Residential Building Permits(us Census Bureau 1994) (New Construction) Single Multi Family Family 1990 207 0 1991 183 3 1992 188 0 1993 178 8 1994 241 0 Subsidized Housing Units(DHCD 1993) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 7 of 20 Aggregate Number 696 % Subsidized 3.75 Subsidized Housing Units: The number of housing units which count toward the municipality's 10% goal for low- and moderate-income housing. It includes both subsidized affordable units and market rate units in certain eligible subsidized developments. Public Housing Units(DHCD 1993) Conventional State 257 Conventional Federal 69 Rental Assistance(DHCD 1994) State (MRVP) 263 Federal (Section 8) 358 Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director EDUCATION Student Population(Dept.of Education) Total students 91/92 6,383 at public schools 97.0% at private schools 3.0% Pupil Cost(Dept.of Education) Integrated Per Pupil Cost 91/92 $4,274 state average $5, 034 Educational Attainment(1990 US Census) High School Graduate or Higher 87.6% Bachelor's Degree or Higher 26.4% School District Membership(Dept.of Education) Barnstable (K-12) Cape Cod (09-12) School Enrollment(Dept. of Education) Enrollment Change Statewide 94/95 1981-95 Barnstable 6,812 26.2% -10.2% http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 8 of 20 Cape Cod 518 -33.9% Dropout Rate(Dept. of Education) Rate 93/94 Statewide Barnstable 5.5% 3 .7% Cape Cod 4.7% Average Teacher Salary(Dept. of Education) Salary 93/94 Statewide Barnstable $39,569 $39, 023 Cape Cod $35,457 Public Schools(Dept.of Education) Barnstable West Barnstable Elem K-05 Centerville Elementary K-05 Cotuit Elementary 03-05 Hyannis Elementary K-05 Hyannis West Elementary K-05 Marstons Mills Elem K-02 Marston Mills East K-05 Osterville Elementary K-03 Osterville Bay Elementary K4-05 Middle School Grade 6 -06 Barnstable Middle 07-08 Barnstable High 09-12 Cape Cod Cape Cod Region Voc Tech 09-12 Colleges and Universities(Higher Education Coordinating Council) Cape Cod Community College For further school district information contact: Information & Outreach Services Department of Education 350 Main Street Malden,MA 02148 Phone: (781) 388-3300 Department of Housing and Community Development, Argeo Paul•Cellucci,Governor.Jane Wallis Gumble,Director -- -,i'Mil ECONOMIC DEVELOPMENT http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 9 of 20 ECONOMIC BASE Labor Force(1990 US Census) Employed 18, 810 Unemployed 1,467 Unemployment Rate 7.2% statewide 6.7% Industry Groups of Residents(1990 US Census) Agriculture 500 Mining 24 Construction 1,763 Manufacturing 1,766 Transportation & Communication 1,594 Wholesale & Retail Trade 4,765 Finance, Insurance & Real Estate 1,448 Government 814 Services 6, 136 Total 18,810 EMPLOYMENT, PAYROLL & SALES Average Annual Employment by Place of Work(Dept. of Employment&Training 1993) Agriculture 249 Mining C Construction 693 Manufacturing 955 Transportation & Communication 1,159 Wholesale & Retail Trade 7,436 Finance, Insurance & Real Estate 994 Government 2132 Services 7, 880 Total 21521 Total Annual Payroll ($,000) 492,483 Average Annual Wage ($) 22,884 Number of Establishments 1,931 Employment&Wages: Data for employment and wages covered by unemployment compensation. Data is confidential (identified with a"C") if there are less than three reporting units in the total, or if one unit accounts for 80 % or more of the total. Reporting problems of multi-location employers may result in some over or under reporting. Largest Employers(Supplied by community 1993) http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 10 of 20 # employees Cape Cod Hospital 1,325 Stop 'n Shop 300 Cape Cod Times 280 Barnstable Public Schools 265 Barnstable County Government 260 Retail Establishments(Us Census of Retail Trade 1992) Establishments 578 Sales ($, 000) 748,993 Per Capita Sales ($) 18,290 Paid Employees in work week 6,194 Retail Sales by Retail Group (US Census of Retail Trade 1992) Establishments Sales ($, 000) Bldg. materials, garden supplies 24 51,130 General merchandise 10 91,433 Food stores 56 108, 148 Automotive dealers 26 173,593 Gasoline service stations 26 31,765 Apparel, accessories stores 78 75,201 Furniture, home furnishings 57 47,780 Eating & drinking places 137 67,844 Drug & proprietary stores 15 22,782 Misc. retail stores 149 79,317 Retail Establishments & Sales: Data is reported for municipalities of 10,000 inhabitants or more. Sales is withheld(indicated with a "D") where it would disclose the operations of individual companies or businesses. ECONOMIC DEVELOPMENT ORGANIZATIONS (Supplied by community 1993) Town of Barnstable Economic Development Commission Hyannis Area Chamber of Commerce Hyannis Economic Development Corporation Cape Cod Chamber of Commerce Cape Cod Office of Economic Development Department of Housing and Community Development, Argeo Paul Cellucci,Governor.Jane Wallis Gumble.Director http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 11 of 20 0 TRANSPORTATION TRANSPORTATION AND ACCESS Barnstable is situated on Cape Cod, a 65-mile long sandy peninsula comprising Barnstable County. The Cape has excellent highway, rail, bus and air connections to other parts of New England. Air, bus, and passenger rail service expand during the summer months to accommodate the large numbers of tourists. Major Highways Principal highways are U.S. Route 6 and State Routes 6A, 28, 132, and 149. Rail • Amtrak provides service to Hyannis from Memorial Day to Labor Day only; leaving Boston on Friday and returning to Boston from Hyannis on Sunday. The Bay Colony Railroad provides freight rail service to Barnstable. Contact number: (617) 380-3556. The Cape Cod Scenic Railroad runs a seasonal excursion train between Hyannis and the Cape Cod Canal. Bus Barnstable is a member of the Cape Cod Regional Transit Authority (CCRTA) , which provides fixed route service between Hyannis and Woods Hole. The Plymouth & Brockton Railway Company provides service to Boston and other locations on Cape Cod. There is limited bus service between Barnstable and Sagamore Circle, Plymouth, Kingston and Rockland. Other Barnstable Municipal Airport, a Primary Commercial Service (PR) facility, has two asphalt runways 5,249' and 5,430' . Instrument approaches available: Precision and non-precision. Marston Mills Airport, a privately owned public use facility, has 2 turf runways: 1,675' x 45 'and 2,680 x 70. Instrument approaches available: None. Commuting to Work(1990 US Census) Drove alone 81.8% Carpools 9.1% http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 12 of 20 Public transportation 1.7% Other means 1.9% Walked or worked at home 5.6% Average time to work (mins) 19.3 LAND USE CLASSIFICATION *(Office of Environmental Affairs 1985) Acres Residential 13,236 33 .1% Commercial 1,062 2.7% Industrial 285 0.7% Transportation 952 2.4% Agriculture 525 1.3% Urban Open Land 629 1.6% Recreation 1,132 2.8% Water 1,773 4.4% Other 20,429 51.0% * Cape Cod communities updated 1992 ZONING REGULATIONS (Supplied by community 1993) Single Two , Multi Family Family Family Minimum lot size (sf) 43,560 7,500 5,000 per unit. Minimum lot width or frontage (ft) 20-150 n/a n/a GROWTH MANAGEMENT (Supplied by community 1993) Comprehensive Plans Yes Rent Control No Condominium Controls No Groundwater Protection Yes Subdivision Control Laws Yes Site Plan Approval Required Yes Other Growth Limits No CCC Review Process and Policy. Plan http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 13 of 20 Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director tw D RE REATION CULTURE AN C LIBRARIES (Board of Library Commissioners 1993/94) Hyannis Public Library 401 Main St. (508) 775-2280 (call for other library locations) Statewide Total Holdings 260,112 per capita 6.27 4.91 Total Circulation 484, 113 per capita 11.68 7.02 MUSEUMS (American Association of Museums) Centerville Historical Society 513 Main Street Centerville (508) 775-0331 Historic Society of Santuit and Cotuit 1148 Main Street Cotuit (508) 428-0461 John F. Kennedy Museum 397 Main Street Hyannis Osterville Historical Society West Bay Road Osterville (508) 428-5861 Donald G. Trayser Memorial Museum 3353 Main Street Barnstable Village (617) 362-2092 RECREATION Recreation Department (Supplied by community 1993) Barnstable Recreation Department Bearse's Way Hyannis, MA 02601 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 14 of 20 Recreational Facilities (Department of Environment Management) Largest recreational sites, and activities: Sandy Neck Beach (1,350 acres) boating-non motor, camping, cross country skiing, hiking, horseback riding, hunting, motor boating, natural history, nature • cbserving, picnicking, swimming West Barnstable Conservation Area (1, 114 acres) • hiking, horseback riding, hunting, nature observing, 1776 South Conservation Area (240 acres) hiking, hunting, nature observing, walking/jogging Barnstable Municipal Golf Course (154 acres) golf 1776 North Conservation Area (85 acres) hiking, nature observing, walking/jogging Kalmus Park Beach (48 acres) • boating-non motor, picnicking, salt water swimming, walking/jogging Craigville Beach (10 acres) boating-non motor, picnicking, salt water swimming, walking/jogging Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director ,,L ,,_ MISCELLANEOUS HEALTH FACILITIES (Dept.of Public Health 1992) Hospitals Cape Cod Hospital, Inc. Long Term Care Cape Regency Nursing & Rehab. Center Centerville Nursing Home Greenery Rehab. & SNC Of Hyannis Hyannis Convalescent Center Whitehall Manor Nursing Home Whitehall Pavilion Nursing Home • • http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 15 of 20 Hospices Hospice of Cape Cod Rest Homes Fraser Rest Home Of Hyannis Village Haven Rest Home UTILITIES (Office of Business Development) Electric Commonwealth Electric Co. Gas Colonial Gas Co. Sewer Barnstable WPCD Water Sources Ground PUBLIC SAFETY (Office of Public Safety 1993) Statewide Total Crimes Reported 2,179 rate per 1, 000 persons 53 .21 47.95 change from 1992 (%) -9 -5 Violent Crimes 776 rate per 1,000 persons 18.95 7.13 change from 1992 (%) 11 -3 Property Crimes 1,403 rate per 1, 000 persons 34.26 40.82 change from 1992 (%) -17 -5 WELFARE ASSISTANCE (Department of Public Welfare 1994) Cases Cash Assistance Refugee Assistance 0 Supplemental Security Income (SSI) - Aged 145 Aid to Families with Dependent Children (AFDC) 610 Supplemental Security Income (SSI) - Disabled 930 Emergency Aid (formerly General Relief) 178 Medicaid Only Aged 118 Families 465 Disabled 254 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles - Barnstable Page 16 of 20 Children 15 Food Stamps Only 577 Total 3,292 DPW caseloads are compiled by zip code. The cases shown are for the zip code(s) in which the community is located, and may include cases for other communities with the same code. Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director 4 MUNICIPAL FINANCE ................................................................................................................ ...... ..... ... At A Glance Report for BARNSTABLE (02/21/97) Massachusetts Department of Revenue-Division of Local Services County: BARNSTABLE Kind of Community: Growth Community School Structure: K to 12 Regional School Districts: CAPE COD Form of Government: City Manager Council Representive Town Meeting 1994 Population 42,579 1994 Labor Force 22,028 1989 Per Capita Income 17,376 Population Per Square Mile 708 1994 Average Unemployment Rate 7.6 1994 EQV Per Capita 115,807 Tax FY97 FY97 FY97 Classification Tax Rate Tax Levy Assessed Value Residential 12.09 46,191,730 3,820,655,900 Open Space Commercial 12.09 6, 898,333 570,581,700 Industrial 12.09 581,644 48,109,500 Personal Property 12.09 1,625, 122 134,418,700 Total 55,296, 829 4,573,765, 800 FY97 Revenue Sources % of Total Tax Levy 55,296, 829 59.2 State Aid 6,630,205 7.1 Local Receipts 24,534,315 26.3 - Other Available 6, 882,386 7.4 Total 93,343,735 FY97 Proposition 2 1/2 Levy Capacity New Growth 811,499 Override http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 17 of 20 Debt Exclusion 3,795,166 Levy Limit 55,312,488 Excess Capacity 15,659 Ceiling 114,344,145 Override Capacity 62,826,823 FY97 Cherry Sheet Estimated State Aid Education Aid 4,937, 818 General Government 1,690,669 Total Receipts 6,628,487 Total Assessments 1,925,250 Net State Aid 4,703,237 FY95 Schedule A - Actual Revenues and Expenditures General Special Capital Fund Revenue Projects Revenues 59,397, 995 4,515,347 554, 989 Expenditures 62, 025,357 4,356, 856 9, 101, 956 Police 5, 072, 096 Fire 0 Education 32,862, 183 3,692,456 5, 841, 630 Public Works 3,220,499 1,441,103 All Other 20, 870,579 664,400 1, 819,223 Enterprise Trust Total Fund Revenue All Funds Revenues 10,311,873 880,569 75,660,773 Expenditures 7,592,146 442,207 83,518,522 Police 5,072,096 Fire 0 Education 42,396,269 Public Works 3,695,714 8,357,316 All Other 3,896,432 442,207 27,692,841 Reserves Revaluation 7/1/96 Free Cash 4,862,123 Most Recent - FY95 FY97 Overlay Reserve 784,866 Next Scheduled - FY98 FY95 Stabilization Fund 686,095 FY97 Average Tax Bill Number of Single Family Parcels 19,662 Assessed Value of Single Family 3,351,216,800 Average Single Family Tax Bill 2,061 http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 18 of 20 If you have any questions or comments about this report or would like more information about the Municipal Data Bank, please contact: Burt Lewis (617-626-2358) or John Sanquinet (617-626-2355) Commonwealth of Massachusetts, Department of Revenue FY97 Estimated Receipts For BARNSTABLE (As of 07/09/96) A. EDUCATION: Distributions and Reimbursements 1. Chapter 70 2,787,386 2. School Transportation Programs 523,573 3. School Construction 1,556, 187 4. Retired Teachers' Pensions 5. Tuition of State Wards 31,033 Offset Items - Reserve For Direct Expenditures 6. Racial Equality 7. School Lunch 39,639 Subtotal, All Education Items 4, 937, 818 B. GENERAL GOVERNMENT: Distributions and Reimbursements 1. Lottery, Beano and Charity Games 1,148,320 2. Additional Assistance 3. Highway Fund 290,107 4. Local Share of Racing Taxes 5. Regional Public Libraries 6. Police Career Incentive 7. Urban Renewal projects 8. Veteran's Benefits 34,881 9. Exemptions: Vets, Blind & Surv. Spouse 27, 684 10. Exemptions: Elderly 107,477 11. State Owned Land 39,621 Offset Items - Reserve For Direct Expenditure: 12. Public Libraries 42,579 Subtotal, All General Government 1,690,669 C. TOTAL ESTIMATED RECEIPTS FISCAL 1997 6,628,487 Commonwealth of. Massachusetts, Department of Revenue FY97 Estimated Charges For BARNSTABLE (As of 07/09/96) http://www.state.ma.us/dhcdliprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 19 of 20 Prior Year Prior Year Estimates Underestimates Overestimates A. County Assessment, County Tax 868,179 1 B. STATE ASSESSMENTS AND CHARGES: 1. Supervision of Retirement 2. Motor Vehicle Excises 3. Retired Employees Hlth Ins. 8,134 336 4. Retired Teachers Health Ins. 669,907 41,236 5. Mosquito Control Projects 186,189 1,718 6. Air Pollution Districts 13,928 7. Metropolitan Area Planning 8. Old Colony Planning Council 9. RMV Non-Renewal Surcharge 57, 140 Sub-Total, State Assessments 878,158 98,712 1,718 C. TRANSPORTATION AUTHORITIES: 1. MBTA 2 . Boston Metro Transit 3. Regional Transit 171,316 6, 888 Sub-Total, Transp. Assessments 171,316 6, 888 D. ANNUAL CHARGES AGAINST RECEIPTS: 1. Multi-Year Repayments 2. Special Education 7,597 1,323 3. Energy Conservation 4. STRAP Repayments Sub-Total, Charges 7,597 1,323 E. TOTAL EST. CHARGES, FY97 1,925,250 106,924 1,718 F. NET CHARGES, FY97 (Col. 1 + Col. 2 less Col. 3) 2,030,456 For further municipal finance information contact: Division of Local Services Department of Revenue 100 Cambridge Street Boston,MA 02202 Phone: (617) 727-7300 ACKNOWLEDGEMENTS Department of Housing and Community Development, Argeo Paul Cellucci,Governor,Jane Wallis Gumble,Director http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 DHCD - Community Profiles -Barnstable Page 20 of 20 The Department of Housing and Community Development would like to thank the many government agencies noted as having provided information for the community profiles. In addition to these agencies, the Regional Transit Authorities assisted with the transportation component of the profiles. We gratefully acknowledge the assistance of many city and town officials,which enabled us to include information obtainable only at the local level. DHCD would also like to thank the following individuals for providing special help: Leslie A. Kirwan, Deputy Commissioner,Division of Local Services, Department of Revenue; Richard Shibley,Deputy Secretary of State; Bob Beattie of the Department of Public Health; Charles W. Clifford from the Martha's Vineyard Commission; Dennis Coffey of the Executive Office of Transportation and Construction; Donna Fletcher and Christian Jacqz of the Executive Office of Environmental Affairs; James Griffin from the MBTA; Karen Loh from Banker&Tradesman; Todd Maio from the Department of Welfare; Geoffrey Morton from the Election Division of the Secretary of State's Office; Stephen R. Muench of the Massachusetts Aeronautics Commission; Rol Murrow of the Aircraft Owners and Pilots Association; Mary Ann Neary and Emmanuelle Fletcher, reference librarians at the State House Library; Jeff Nellhaus from the Department of Education; and George Sanborn, reference librarian at the State Transportation Library. NOTE: The COMMUNITY PROFILE draws information from a diversity of sources. The main source of information is listed under each section. In some instances comments submitted by the municipality were incorporated to correct and/or enhance the information obtained from the main source. However, no changes were made to those data bases which must be consistent throughout the state. DHCD has made efforts to ensure the accuracy of all data in the COMMUNITY PROFILES, but cannot take responsibility for any consequences arising from the use of the information contained in this document. http://www.state.ma.us/dhcd/iprofile/020.htm 3/4/99 1 11 I i I 11 BRENDA TRI VICTOR CILLIS OKTOBER FARM 2051 MAIN STREET WEST BARNSTABLE,MA 02668 (508) 362-1562 March 1, 1999 Mr. Ralph Crossen Building Commissioner Town of Barnstable Department of Health, Safety&Environmental Services Building Division 367 Main Street Hyannis,Massachusetts 02601 Re: Oktober Farm,2051 Main Street,West Barnstable MA Dear Commissioner Crossen: Since we have not yet heard further from you in response to my February 10th letter (responding to your letter of February 5th), we thought that it might be helpful to set forth fully in one letter all of the relevant facts, in the hope of persuading you that, indeed, the farm is not in violation of the zoning by-laws, in light of Section 3 of Chapter 40A, and to ask you to rescind the Cease and Desist Order. As a starting point, We note that the Cease and Desist Order pertains "to only the riding programs for the public area not associated with the purchase of a horse." (Crossen letter dated February 5, 1999,para. 3) Clearly, then,we are in agreement that the use of the property for the raising, keeping and boarding of horses constitutes a permissible use which is not in violation of the zoning by-laws, as an agricultural or farming venture, as defined in Section 3, Chapter 40A of the General Laws. For the sake of clarity, our agreement on this point is based upon the specific wording of Section 3,which states, in pertinent part: No zoning ordinance or by-law shall...prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture...; nor prohibit, unreasonably regulate or require a special permit for the use, expansion or reconstruction of existing structures thereon for the primary purpose of agriculture... except that all such activities may be limited to parcels of more than five acres in an area not zoned for agriculture. G.L. c. 40A, s. 3. Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 2 Additionally, our agreement is based upon other statutes of this Commonwealth which further define "agriculture" as follows: "Farming" or "agriculture" [means] farming in all of its branches and cultivation ... the raising of livestock including horses, the keeping of horses as a commercial enterprise,the keeping or raising of poultry... and other domesticated animals.... G. L. c. 111, s. 1 ("Definitions") and Land shall be deemed to be in agricultural use when primarily and directly used in raising animals, including but not limited to, ..., poultry, horses, ponies, ... , goats, ..., for 'the purpose 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, s. 1. and Land not less than five acres in area shall be deemed to be actively devoted to agricultural ... uses when the gross sales of agricultural ... products resulting from such uses •..total not less than five hundred dollars [$500]per year. G. L. c. 61 A, s. 3. Finally, our agreement is based upon the fact that the farm is in excess of five acres (and in fact is seven acres). Pursuant to the Town of Barnstable Zoning Ordinances, in the RF district where the farm is located, we are permitted to keep, stable and maintain at least twenty-five horses. (Town of Barnstable Zoning Ordinances, Sections 3-1.1(2)(b) and 3- 1.4) Having said that, it would appear that our disagreement pertains to the role of the Riding School in relation to the farm as a whole, and whether a horseback riding school constitutes an"agricultural" use accorded special treatment pursuant to Section 3 of Chapter 40A. We hope to clarify in this letter that not only is the Riding School is incidental to the raising, keeping and boarding or horses, but, more importantly, that a horseback riding Mr.Ralph Crossen Building Commissioner March 1, 1999 Page 3 school is indeed an "agricultural use accorded special treatment pursuant to Section 3 of Chapter 40A. The Primary Purpose of the Farm is the Raising,Keeping and Boarding of Horses The primary function of the farm is the raising, keeping and boarding of horses. At present, we raise and keep four horses (two of which are miniature horses) of our own, and board five horses and three ponies, for a total of ten horses and ponies. In connection with the boarding of horses, we are responsible for the day-to-day care and maintenance of each horse, including daily turn-out and exercise, feeding, supervision of medical and health care, and ensuring that each horse is properly bedded down each night. Of the horses boarded, several are younger horses who are being raised here at the farm. We also provide riding instruction to many of the owners boarding their horses here at the farm,because they seek to both develop and advance their riding skills, which many riders will tell you is a life-long process. Some individuals have pursued riding instruction here and elsewhere in order to develop elementary riding skills sufficient to enable them to purchase a horse of their own, which is then boarded here at the farm. For those newer owners who are beginner riders, the Riding School provides them with an opportunity to further advance their riding skills, as well as an opportunity to train the horses ridden to become accustomed to inexperienced riders. As you may know, horses live anywhere from twenty to thirty years, and do not fully mature until somewhere between their tenth and twelfth year, depending upon the individual horse. Many of the horses boarded here are under that age, and are still being "raised" - indeed, since horses are domesticated animals dependent upon humans for their care and well-being, the"raising"process continues throughout their lives. Having just opened the farm last year, as yet we have not had the pleasure of having any of the horses in our care give birth, although we do hope that this will happen someday. In addition to raising, keeping and boarding horses at the farm, I have counseled and assisted individuals with both the purchase and sale of horses. Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 4 Riding Instruction is Offered Incidentally and as an Accessory to Raising, Keeping and Boarding Horses. In addition to offering riding instruction to my boarders, I also offer riding instruction to non-boarders, many of whom hope to obtain sufficient skill to enable them to purchase a horse of their own one day. The Riding School truly is incidental to the farm's primary function of raising, keeping and boarding horses, and the farm's revenues reflect that. Moreover, unlike some area riding academies, I do not presently advertise in local newspapers,nor in the telephone book. Most advertising comes from word-of-mouth. A review of the Massachusetts case of Henry v. Board of Appeals of Dunstable, which defines"incidental" and"accessory"uses with respect to agricultural uses is helpful. 418 Mass. 841, 641 N.E.2d 1334(1994). An accessory or"incidental" use is permitted as "necessary, expected or convenient in conjunction with the principal use of the land." 6 P.J. Rohan, Zoning and Land Use Controls, § 40A.01, at 40 A-3 (1994). The term "incidental" in zoning by-laws or ordinances incorporates two concepts: "It means that the use must not be the primary use of the property but rather one which is subordinate and minor in significance... But `incidental', when used to define an accessory use, must also incorporate the concept of reasonable relationship with the primary use. Henry v. Board of Appeals of Dunstable,418 Mass. At 845, 641 N.E.2d at 1336. Certainly the Riding School is an activity which bears a reasonable, and indeed logical relationship to the raising, keeping and boarding of horses. The Riding School children's program has the additional benefit of assuring parents that their child is involved in a wholesome, outdoor educational opportunity, in a supervised environment. Riding also allows children to experience what was our primary mode of transportation for many centuries, and to develop an appreciation of our history. Moreover, many parents prefer to allow their child to discover through riding lessons whether the child really is interested in riding, as opposed to a passing fad. This is especially important with respect to the purchase of a horse, a not-inexpensive proposition in terms of both time and money. As in the Steege case, I raise, keep and board horses of varying ages, both young and older, some of which are sold. Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 527 N.E.2d 1176 (1988). As part of the training of some of these horses, they are "ridden by students in order that they may become accustomed to handling by Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 5 inexperienced riders." Id. The Riding School is an incidental and accessory use to the raising, keeping and boarding of horses and ponies. Henry v. Board of Appeals of Dunstable 418 Mass. At 845, 641 N.E.2d at 1336; Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. at 9.71-2, 527 N.E.2d at 1178. Riding School is an Educational and Agricultural Use However, notwithstanding the similarity of facts in the Steege case and my farm operation, the General Laws of this Commonwealth state that a riding school is accorded special treatment both as an educational entity, and as an agricultural use. Please note that the Department of Revenue for the Commonwealth has recognized our activities (including the Riding School) as agricultural under Chapter 61A, which defines what activities constitute an agricultural use. However,not only is Section 1 of Chapter 61A mentioned in the Steege case,but so is the statute defining "agriculture", Chapter 128. Indeed, in considering whether a riding school is an agricultural use,where better to look than the statute which specifically defines and regulates agriculture. As you can see from those portions of Chapter 128 set forth below, a riding school is specifically defined as an agricultural use under Chapter 128, and is subject to the rules and regulations promulgated by the Massachusetts Commissioner of Food and Agriculture. The applicable sections of Chapter 128 are as follows: Section Title 1 Definitions 1A Farming, agriculture, farmer; definitions 2 Powers and duties of department of agriculture 2A Horse riding instructors; licenses; fees;validity of license; duplicate licenses;rules and regulations 2B Riding Schools or stables; license; fee; rules and regulations;penalties 2D Liability of equine professional and equine activity sponsors Mr.Ralph Crossen Building Commissioner March 1, 1999 Page 6 While I am enclosing copies of these applicable statutes, I set forth portions of them below: Section 1: Definitions. The following words as used in this chapter shall have the following meanings: "Commissioner",the.commissioner of food and agriculture. "Department",the department of food and agriculture. "Riding school operator", any person owning or having custody of one or more horses which are let for hire to be ridden or driven,with or without the furnishing of riding or driving instructions. Section 1A: Farming, agriculture,farmer; definitions. "Farming" or "agriculture" shall include fanning in all of its branches ... the raising of livestock including horses, the keeping of horses as a commercial enterprise-. . Section 2A: Horse riding instructors; licenses; fees; validity of license; duplicate licenses; rules and regulations. No person shall hold himself out to be a horse riding instructor for hire without being licensed or such purpose by the commissioner[of food and agriculture]. The commissioner shall make rules and regulations governing the issuance and revocation of said license, and shall establish the minimum qualifications for the issuance thereof. If the qualifications of an applicant meet or exceed the minimum qualifications established by the commissioner he shall issue such license. Section 2B: Riding schools and stables; license; fee; rules and regulations; penalties. Every person engaged in the business of operating a riding school or stable where horses are kept for hire, shall obtain a license therefor from the commissioner [of food and agriculture], the fee for which shall be fifty dollars, and such license shall expire on March thirty-first following the date of issuance, The commissioner, subject to the approval of the governor may make rules and regulations governing the issuance and revocation of such licenses and the Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 7 conducting of the businesses so licensed and relative to the maintenance of the premises, buildings and conveyances, the health of the horses or other equine animals, and the method and time of inspection and checking of said animals..... Section 2D: Liability of equine professionals and equine activity sponsors. (a) For the purposes of this section, the following words shall have the following meanings: "Engage in an equine activity", riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as part of an organized event or activity, or assisting a participant or show management. The term "engage in equine activity" shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate proximity to the equine activity. "Equine", a horse,pony,mule, or donkey. "Equine activity", (1) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting; (2) equine training or teaching activities or both; (3) boarding equines; including normal daily care thereof; (4) riding, inspecting, or evaluating by a purchaser or agent an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; (5) rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (6) placing or replacing horseshoes or hoof trimming on an equine; and(7)providing or assisting veterinary treatment. "Equine activity sponsor", an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including but not limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college- sponsored classes programs and activities, therapeutic riding programs, stable and Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 8 • farm owners and operators, instructors, and promoters of equine facilities, including but not limited to farms, stables, clubhouses, pony ride strings? fairs, and arenas at which the activity is held. "Equine professional", a person engaged for compensation: (1) in instructing a participant or renting to a participant an equine for the purposes of riding, driving or being a passenger upon the equine; (2) in renting equipment or tack to a participant; (3) to provide daily care of horses boarded at an equine facility; or(4)to train an equine. "inherent risks of equine activities", dangers or conditions which are an integral part of equine activities, including but not limited to: (1) The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (2) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (3) certain hazards such as surface and subsurface conditions; (4) collisions with other equines or objects; (5) the potential of a participant to act in a negligent manner that may contribute to injury to the • participant or others, such as failing to maintain control over the animal or not acting within his ability. "Participant", any person, whether amateur or professional, who engages in an equine activity,whether or not a fee is paid to participate in such equine activity. (b) Except as provided in subsection (c), an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from inherent risks of equine activities and, except as provided in subsection (c), no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities; (c) This section shall not apply to race meetings as defined in section one of chapter one hundred and twenty-eight A. Nothing in subsection(b) shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity, sponsor, Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 9 equine professional, or person: (1) (i)provided the equipment or tack, and knew or should have known that the equipment or tack was faulty; and such equipment or tack was faulty to the extent that it did cause the injury; or(ii) provided an equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, and determine the ability of the participant to safely manage the particular equine based on the participant's representations of his ability; (2) owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land, or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and for which warning signs, pursuant to subsection(d),have not been conspicuously posted; (3) commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4)intentionally injures the participant. (d) ( i ) Every equine professional shall post and maintain signs which contain the warning notice specified in paragraph(2). Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice specified in paragraph(2) shall appear on the sign in black letters,with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in paragraph(2). (2) The signs and contracts described in paragraph (1) shall contain the following notice: WARNING Under Massachusetts law, an equine professional is not liable for injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities,pursuant to Section 2D of Chapter 128 of the General Laws. Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 10 Conclusion In closing, we would like to take this opportunity to apologize to you for being put into the middle of what is essentially an ugly dispute between us and our neighbors, who now seek improperly to manipulate you and your office for their own purposes and ends, under false pretense of concerns regarding zoning, the historic nature of the area, the welfare on animals and children. As you know, our neighbors have submitted a defamatory, libelous and indeed scandalous petition falsely accusing us of various things. This is particularly hurtful to us because Victor, my husband, is a pediatrician, whose professional reputation has been libeled by these false and mean-spirited accusations. As you know, none of these false accusations are relevant to your consideration of zoning issues. To the extent that these false accusations come under the jurisdiction of a town department, they fall within the jurisdiction of the Board of Health. Please note that our neighbors have caused the health officer to visit the farm on numerous occasions and not once have we been cited for any violation. Indeed, we welcome all town officials to visit the farm and to review our operations. It is our belief that our neighbors, the Fenneys, the Masons and the Troutmans, are the primary instigators of the defamatory petition, and that some of the persons signing this petition, other than them, in fact were not aware of the accusations set forth therein, and have disclaimed that they intended to make the accusations set forth therein. It seems that because of other disputes,these neighbors have decided to retaliate against us in a malicious attempt to shut down the Farm. Certainly we find it ironic that never once have either the Fenneys, Troutmans or Masons ever once voice any of their concerns or allegations to us directly or prior to this petition. Particularly with respect to the Masons and Troutmans, it seems hypocritical on their part to try to have the Farm close down, since our farm predates their purchase of the abutting lots, and they each were most certainly aware that the farm was here. To now claim that it is a "nuisance" is ironic, since they could have chosen to purchase elsewhere had they truly desired not to reside next to a farm. It is similarly ironic that they argue that the since neighborhood is an historic area, that the farm should be closed. Evidently, the fact that the farm and riding school engage and preserve a lifestyle quite in keeping with the lifestyle, culture and economy of Cape Cod in by-gone days is being overlooked. Indeed, the Old King's Highway Regional Historic Act seeks to preserve not only • Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 11 the historic appearance of the area, but also the historic culture and activity of the area, as set forth in Section 1, entitled"Purpose": The purpose of the Act is to promote the general welfare of the inhabitants of the applicable regional member towns so included, through the promotion of the educational, cultural, economic, aesthetic and literary significance through the preservation and protection of buildings, settings and places within the boundaries of the regional district and through the development and maintenance of appropriate settings and the exterior appearance of such buildings and places, so as to preserve and maintain such regional district as a contemporary landmark compatible with historic, cultural, literary and aesthetic tradition of Barnstable County, as it existed in the early days of Cape Cod, and through promotion of its heritage. Old King's Highway Regional Historic District Act, Section 1. Additionally,the Act defines the term"Heritage"as follows: "Heritage"—value in the cultural life of the past, because of their importance to the community life of Cape Cod, which have come down through the generations to make up our way of life. This has been achieved by means of old buildings, industry, furniture, utensils, old happenings and expressions. They have made the unique salty flavor of Cape Cod that will never be forgotten but will be preserved for future generations, as a means of insuring the integration of those qualities into a contemporary way of living. Old King's Highway Regional Historic District Act, Section 3. What could be more in keeping with the heritage in accordance with the purposes of the Old King's Highway Regional Historic District Act than a working farm, educating today's children, through hands-on experience, about the care and raising of what was once the primary mode of transportation of residents of the Town of Barnstable, and the primary livelihood of its residents? However, as the town official charged with enforcement of our zoning ordinances, we understand that this is beyond your purview in this instance, and recount this only so that you may have a better understanding of the motivations of certain persons. we appreciate that your concern is solely whether the Riding School constitutes an "agricultural" use, or an incidental and accessory use to a proper agricultural use, under Section 3 of Chapter 40A. As I have se forth above, it is. Accordingly, we respectfully request that you rescind the Cease and Desist order. Mr. Ralph Crossen Building Commissioner March 1, 1999 Page 12 We thank you for your consideration, and look forward to speaking with you soon. Very truly yours, Brenda Tri Victor Cillis,M.D. Oktober Farm Enclosures c: Julie C. Molloy, Esq. _ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION - .�t71ap 4 Parcel D-Hi &MN f Permit# „• 9R CO . ealth Division c 'tea--/.? (/ -2) Date Issued — 4. -99 ,onservation Division M4n.cLIA � (/- ; . Fee an-, Th. /Tax Collector T, .i . '$ y,*7 ./Treasurer ( <-5• Li'qq • V 61 Planning Dept. U SEPTIC SYSTEM MU,..)' z.. INSTALLED IN COMPLIANCE: Date Definitive Plan A proved by Planning Board WITH TITLE 5 Historic-OKH Preservation/Hyannis ENVIRONMENTAL CODE AND TOay. .r;9 P4:747,9 rr,%;_, Project Street Address o26S1 f')A,` - 5 r •e' 6 ZL 6 • /Village /Owner,43 r Lr .'i ; /Vd -Cits ' Address Z or I 1;,, S-r • W T f-��� vr: o ,,� %Telephone C5 6 8) 3/oa-1 s co .. . ,ermit Request z . Square feet: 1st floor:existing is i-lbx proposed 2nd floor: existing tifk proposed Total new Estimated Project Cost /.2 a • In) Zoning District Flood Plain Groundwater Overlay Construction Type ' . Lot Size 9K ac s Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family VT:o Family ❑ Multi-Family(#units) Age of Existing Structure 0 Historic House: ❑Yes 0110 On Old King's Highway: files ❑No Basement Type: ull ❑Crawl . ❑Walkout ❑Other • Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing f new Number of Bedrooms: existing ' new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas 4170i1 ❑ Electric ❑Other ,= • Central Air: ❑Yes 11 Fireplaces: Existing New Existing wood/coal stove: ❑Yes ii -�= Pool:❑existing ❑new size Barn: ing kgrimite ttac i gara411ki g ❑new size 4 Shed:❑existing' new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes la'‘ If yes,site plan review# Current Use Proposed Use eitir, i � s1�.� - S/.� l fz� ttors-�.� BUILDER INFORMATION Name STelephone Number • Address - License# • Home Improvement Contractor# Worker's Compensation# . ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE ^,c.. G� /w DATE - 9P9 FOR OFFICIAL USE ONLY 'f e •! 1 PERMIT NO. i I DATE ISSUED s• • s 1 3 ,_ • r � MAP/PARCEL NO.. , ,A,r1 • ,-. ADDRESS • VILLAGE 4 `1 itr- OWNER a4 7 . i c . ` DATE OF INSPECTION - • FOUNDATION . a.t FRAME /, r s - INSULATION • FIREPLACE " . ' ELECTRICAL: ROUGH _.., rt.. FINAL - • ' PLUMBING: ROUGH 7 FINAL ' (3 `t GAS: ROUGH 0.) r11. '- . FINAL "•y = -= , FINAL BUILDING f-- !— ' ▪ t '-., • • ▪ . .`i r' ' r; ' DATE CLOSED OUT --• '' ``z ASSOCIATION PLAN NO. The Town of arnnstahlie �►axsresr4Mcc-'-) 40 Department of Health Safety and Environmental Services 6as& Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner PLAN REVIEW Owner: , C. LUS Map/Parcel: Z VD 7 O 16 Project Address: 2 i 14 t N) , Builder: OW V1 L The following items were noted on reviewing: • 0 i&L- 16 TPfo 40 2A-LA)ki r- 0\(\,) t YL ilk 'ems t l a 0 S Lwb S9 t�r�1c,�' 3 Please call 508 862-4038 for re-inspection. Inspected by: CZ- PTl w eL✓S Date: —4- _ 79 q:building:forms:review • f Application to • • , .,, �. I` ., Old Kings Highway Regional Historic District Committee51 Fait 8 .a� in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, id triplicate, for the issuance of a Certificate bf 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: ECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: New Building 0 Addition 0 Alteration . J Indicate type of building: 0 House 0 Garage 0 Commercial 0 Other Fi o2Se. Le.4A/ to 2. Exterior Painting: 0 3. Signs or Billboards: 0 New sign 0 Existing sign 0 Repainting existing sign 4. Structure: 0 Fence 0 Wall ❑ Flagpole 0 Other (Please read other side for explanation and requirements). _ TYPE OR PRINT LEGIBLY DATE 1/24(49 ADDRESS OF PROPOSED WORK 2 d 5-( in nip/ s-r. U.ba,wsf^R4 ASSESSORS MAP NO. 116 OWNER C l LLS ASSESSORS LOT NO. b D HOME ADDRESS 5.A Alth TEL. NO. 36>_/rb 1.- FULL NAMES AND. ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). Fee Ai. ao . A 1_,.., 5+. _ 1-) .uw s(.044 — CC-CC C — tr•( (3X. y. . _ or+K s r. Ci(4078) ' (lAt.T-Ainrl W.- n,Ai jr/4 c -*1 Lewis — 20grfYrof>,..i (41 G°34) /06 Bltrtit 14-4ICio-: O r L,- tq%t 4711//v c•/• Li 1-ito,( Y-i9-- 4 — on! -- m. osnCA- 13 5 / , S-C. 14- tiN,r-m46 iz:gt ce.),r 1✓,ke AGENT OR CONTRACTOR rAt La Pi iicTh _ TEL. NO. ADDRESS No N .-) 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'proed locations of new signs. (Attach additional sheet, if necessary). "" r % I /I Lekw (I4oits i-o e She; J t7_ Cr LiiN( (1.4,"/ cout,. ,. Fic CLR' 4 of D1 ii-mq uV -� Signed Owner-Contractor-Agent Space below line for Committee use. Received by H.D.C. 9 Date The C• •ficate is hereby Date �?r I Ti aterinal— .. p2 /;_-,,:i3 --awevice ll/o-ea4,..,,, By:_ • /'..e�l-d-Le - a Approved- ❑ - I i°ORTANT: If Certificate is approved,approval is subject to the 10 day appeal period provided in the Act. Oisannrnved I--I Town of Barnstable 1t Old Kings Highway Historic District Committee • SPEC SHEET FOUNDATION r-"ON 6 Be petct -* 6 -r-Tik) civt.s4- (A4 SIDING TYPE 1114 12001, Pi N E COLOR N - ' p . eA,a CHIMNEY TYPE COLOR tot-9oo ScA f Tb t-v1t-r (ram use Sri.6'` � 5 it ROOF MATERIAL COLOR PITCH 4€ WINDOWS 510M w COLOR SIZE TRIM COLOR W kc. DOORS i A-'r"V 11.E- 42^ pG�9` �' COLORS SHUTTERS I COLORS GUTTERS N A COLORS DECKS N A MATERIALS GARAGE DOORS N A COLORS SKYLIGHTS Nome_ SIZE COLORS SIGN3 COLORS ��� AppnovED FENCE i' Dta Di COLOR - nGam{ t r a /63 1*,; ¢i. "` tl0168e Fill out completely, including measurements and materials/colors to be used. Four copies of this form are requir ed for submittal of an application, along with Four copies of the plot plan, landscape plan and elevation plans, when applicable. SPECSBT Revised 11/98 ROUTE „ 6A r N84 07'20,E -150.00 I . L=152.5.1' ,�,11 R=92. 71 �11., i 4x.11� pl0 ,¢ring', , 0 \ 91O r N76.2564.,45-_III imoo` -o �11 • 0JSj O al II.: J (lib • LOT 4 �.111 LOT 2 LOT 1 W`� a' �. -2A, I) o N k 1 Co N80•00 46 E , vs\ 0.7' .... ) r421O' 0 .1 S8 p•01 18 ,___u\_ __N80 33%48 E 1' II.t:: m NUo .t I1 0 to K.............. ......„... 11 to Nor 7V SCALE co cz) kig W111 p't 1 tr It 16 DETAII "A" o o n� h, • _•Ilio W � A • 71.1 f , LOT 3 ca 11 ;5 u 10 I e&N 1'0 ka ,� 1 -_ tv co I = 1, °'Yl __ _ ~67 55 �`1�. $g 95 =__-=109,�, E 380'78 11 �o,� A'r COMMONWEALTH OF MASSACHUSETTS '1 Q`,10 RES. ZONE: "RF" This MORTGAGE INSPECTION Plan is For FLOOD ZONE: "C" Bank Use Only TOWN: _fil0T'_9A1?1V. AtBLE _ REGISTRY OWNER: F1D 'IELD_AFELL E DEED REF: _2Z65 LOJ_-______BUYER: _TICTQE_f B L'ILLIS DATE: 12/ OJ94 PLAN REF: _360/7 _SCALE:1"= 150 ___FT. I HEREBY CERTIFY TO TAPE_CQD_BANK_&_TREST_CQ___ AN Fo ITS SUCCESSORS' AND/OR ASSIGNS THAT THE BUILDING ... .� `':. YANKEE SURVEY SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS oa PAW. \-'': r SHOWN AND THAT ITS POSITION DOES ____ CONFORM A. �.4 CONSULTANTS TO THE ZONING LAW SETBACK REQUIREMENTS OF THE BEW `" 40B INDUSTRY ROAD TOWN OF ___BlIEig�S'�A_diLi— AND THAT �` . MARSTONS MILLS, MA. 02348 IT DOES NOT LIE WITHIN THE SPECIAL FLOOD HAZARD ' � ISTt `�" TEL: 428-0055 AREA AS SHOWN ON THE H.U.D. MAP DATED_$,U L _ .1 Ml uN ' FAX 420-5553 Co unit P 1 250001-0005—C THIS PLAN NOT MADE FROM AN INSTRUMENT 16097 GGM SURVEY, NOT TO BE USED FOR FENCES, ETC. (1otç t /1y1 i`. , ................... „,--------r k___ 11 \ _ A .-*--"±""•.-..., tittli 0 , ,/,,,,,r..„77....- —r—................,N, em i E tst 00a.`ih• V\VA ., • Loo/C�1 L+4 3 X 5 • grAN414 LLOR . . . . ... . . r..11-1;. ,.:.'•.!'.,-.."(t.......1.1,-...,:,?'..,...-..f.':;.,,,,,F1:111.1 . . • '; 1! 4 ., I.t rl i 7 I'2 001 .;! ,:i ,..ix • i 1 . .. . .„ .......,,. , ' 4111114"1"""11141.17111"""114.41.4.41.111.411111.4"1"."1"441111""einift............—.. - ' . rir..! .. • • • 611 7.1 . I . . - ..I , i 0 0 . t • ,._ 5 -1 014 ÷ I ‘i..4,..,1/4 eaul • • • cAc.c V teLl 8til! . n Ft glIE[ . a . .. . - • • I I I '--------71. ‘I, 1 4\•' r( \4\-3 „..... ..... r_ . .1.4 ,I .. - ° ~ ^ ^ | � » / ' ! . � ` / � ' l / ) | L-�-�.l~k'�-�_ ` ~� LAIU U "�v� U ��L ` ' � � � , ` ( . ' / • • OF BARNSTABLE, MASSACHUSETTS . ,,.-. a , d-'+ i. ASSESSORS MAPS • %,0 36 4, I 1 r poor ... .._.. s• `. ,b • • �i,• . .74 36 • '��. rt.N+' N 61 73.I 96 p� • �.o • w. 77 r 2.1/K • 34 i 36� 4 • • .65 AC-S • SS". <, s 98' j6 %.73 h • aQ pl Z. \ ©: 71r (/O-i:RM4044`" 3b0�. q. \ O `fib \\ Os • 'Y I 9 At 4 I t .N • v 14 IA $.17 AL d mt. o �9'op 74 L./f� o, n' • CEO a�' ,.a►w n• • 4:* •` I -13 e (1 . . \ . T. s y �� , bw 4. t t!d I �,M f 4e. ia_•S • mtg.":agit.,PbStiV6 a twil""at . . . • . \ . • , • �~ o y 4S. \;' i rle town on . arnstarne Department of Health Safety and Environmental Services en ° Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 ;) Ralph Crossen Fax: 508-790-6230 Building Commissioner 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: Estimated Cost Ia b Address of Work: 7(.)S 1 (YVA;„ 5T 1,6 /Owner's Name: ; (V; c c l l. s cAte of Application: 3 - - I hereby certify that: Registration is not required for the following reason(s): Work excluded by law ❑Job Under S1,000 Building not owner-occupied pawner 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. Date Contractor Name Registration No. R Date Owner's Name q:forms:Affidav 1_, - -- ----- The Commonwealth of Massachusetts s �., :_-- �-:�:•--•:� Department of Industrial Accidents T = Office of Investigations • s., - __ 600 Washington Street fifi Boston,Mass. 02111 Workers' /, Compensation surance Affidavit nug..../nir/triicrCia,ftm:; �/�� -/,2�� �:.:/ i�a/ „ %g" Y% %//////��/ , ,%' '''---... 1/name: -`1c-6- e_ ' i_Aocation: c>/d S / /OA. /1 ST AI 4) 1 min5 / 6 64- /Y)'._ 62-1,c,fr phone# (fir ) 3 6)..l -i s- a- (�'I am a homeowner performing all work myself. ❑ I am a sole pro rietor and have no one working in any capacity ❑ I am an employer providing workers' compensation for my employees working on this job. company name: address: city: phone#: insurance co. policy# • aiiaiiaii ' iiaiiaiiiiiiiia//%///a/a/. oiii,,. ❑ 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: address: city: phone#: insurance co. oiicv# ........:.. .... i,,/ . 7oiai�a�aii��iiiiiaiiiiaoioo��ai�iaiai���iii�a�iiaiaiiaiaiiiaaiiai�iiiiaiiia������/��iaii/ai��/��i�����ii/��iiaaia�//���ii/�ii 3/���i�e�/G%/%///' comnanv name: • address: city: phone th . .......... insurance co. / 7 / �., //., '//%/r. Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a line 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 tine 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�je hereby certi y under the pains and penalties of perjury that the information provided above is true and correct. Signature ( . - �- — Datete .3_` — 5, 7 Print name Phone# .. a .. .......... . w..� v, . ..�....4'4 I• ..y•I::I:••. 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 0 check if immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone#; ❑Other (muse 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 contra-: 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 local 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. 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 confirmation 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. /// // i /i 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 fo 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 of Investigations 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 eat 406, 409 or 375 TabledS2.1b(smsafaeod) Preteriptive Packages for One sad Two-Family Rssadendsl Buildings Heated with Form Fuels • • MAXIMUM MINIMUM CeilingGlazing Floor Baconeat Slab B /Cooling Areal %) U.due It-value Remind Well PIS 44= Efraac=? Padraa_e Rrvniue Rrvoiusr 570I to 6500 Hewing Degree Days' Q 12% 0.40 38 13 19 10 Me Normal R 12% 0.52 30 19 19 10 Normal S 12% 030 MIMI 13 19 to Q T 15% 0.36 38 WA Norma! U 15% 0.46 38an 10III Normal ✓ 15% 0.44 38 WA 8S AFUE W 15% 032 30 19 19 10 IFNI 8S AFUE X 18% 032 38 13 • 23 WA Normal Y 18% 0.42 38 19 25 WA WA Norma! Z 18% 0.42 38 13 19 t0 6 90 AFUE AA 19% 0.50 30 19 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY: 7 2. SQUARE FOOTAGE OF ALL ;,k OR W• : 3. SQUARE FOOTAGE OF ALL G • - r •• 4. %GLAZING AREA(#3 DIVIDED : #2): S. SELECT PACKAGE(Q—AA-see above \ , NOTE: OTHER MORE INVOLVED M •DS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. BUILDING INSPECTOR APPROVAL: YES: NO: • q-forms-f980303a Footnotes to Table JS.Zlb: 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 doom)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 ft•of decorative glass may be excluded from a building design with 300 Rs of glazing area. •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 J1S.3a. U-values are for whole units:center-of-glass U-values cannot be used. ' The ceiling A-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 A-)8 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. 'Wail 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 wail 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. ' A-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 JS.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 035. 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 J1S.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 035). c)If a ceiling,wail,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(035 for doors). • • 43 Department of Health Safety and Environmental Services /'- Building Building Division m''B 367 Main Street,Hyannis MA 02601 Mess. .i639. 1 rep Mph A Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION / Please Print DATE: 3" 7 " 19 �TOB LOCATION: 02)S"/ S% #,..),"?.. �i it`4 G /4 O)GG number / street village /IOMEOWNER �� c-�-C� / /(//C7�w �'/��f (/52*)-3(0 1 i5 l � c/0 J-)3 .4''W° name home phone# work phone# CURRENT MAILING ADDRESS: —S/I"rn city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. . Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems, particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:FORMS:EXEMPT 2051 MAIN ST a fi F/ L- 7/� y r+ WEN a~� e ,t MIS 41 , not t P it a s ¢ R Y '" � �§ �{�l �• ,fib: i MAI 0 �r �s P� 6 ' JIM! ,z p �Iff r V agry��J i k "tlw� +rtxiw, � �.+a � wows«f..,«�»;.r" W" �,.a =w; �• � ;xis""'" ."' �.r ''�1 .g � " ��^'y ,?�,I� � ^ ✓ ,�,?: ` •a �° � 'QY-.SaKy g ! "P��. �{a}iF � a r >< n TOWN OF BARNSTABLE RARMABLI. _- OFFICE OF TOWN ATTORNEY _ MASS. te�o• ,� -367 MAIN STREET �EoA HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.#:(508)862-4620 RUTH J.WEIL, V'Assistant Town Attorney FAX#: (508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney July 14, 2004 www.town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant CLAUDETTE BOOKBINDER,Legal Clerk Scott W. Nickerson, Esq., Clerk Barnstable Superior Court, Civil County Court Complex, Main Street �`f 0� P.O. Box 425 Barnstable, MA 02630 Re: Assented-To Motion For Entry of Nisi Order for Filing of Agreement For Judgment Tri, et al v. Miller et al, Town of Barnstable Board of Health and Perry, Building Commissioner C.A. No. BACV 2004-0084 Our File Ref: #2003-0213 Dear Mr. Nickerson: Enclosed please find Assented-To Motion For Entry of Nisi Order for filing of Agreement for Judgment In Settlement. Would you kindly file same and present to the Court for action. Kindly note that in lieu Of dismissal of the complaint if no agreement is filed within the specified-timeperiod, the Motion requests that the Court instead decide the pending cross-motions for summary judgment and preliminary injunction argued on June 18 on the merits. Thank you. Very truly yours, /tdh T. David Houghton, Assistant Town Attorney Encs. Town of Barnstable cc: Anthony Alva, Esq. cc: Thomas McKean, Director, Barnstable Board of Health cc: Thomas Perry, Building Commissioner, Town of Barnstable [2003-02 L3\nickltr4] t COMMONWEALTH OF MASSACHUSETTS _ BARNSTABLE, ss: SUPERIOR COURT C.A. No. BACV 2004-00084 --------------------------------------------------------- BRENDA M. TRI, d/b/a ASSENTED-TO MOTION FOR DIAMOND EDGE FARM, ENTRY OF NISI ORDER FOR VICTORJCILLIS�[and] FILING OF AGREEMENT FOR LEIGH-ANNE SOUZA, JUDGMENT IN SETTLEMENT Plaintiffs, V. BOARD OF HEALTH of the TOWN OF ) BARNSTABLE, as constituted by its ) Members, WAYNE MILLER, Chairman, ) SUMNER KAUFMAN, SUSAN G. RASK, ) [and] BUILDING COMMISSION, TOWN ) OF BARNSTABLE, THOMAS PERRY, ) Defendants. ) -------------------------------------------------------- ) BOARD OF HEALTH of the TOWN OF ) BARNSTABLE, as constituted by its ) Members, WAYNE MILLER, Chairman, ) SUMNER KAUFMAN, SUSAN G. RASK, ) and ) John C. Klimm, as he is the Town Manager) of the Town of Barnstable, ) and ) TOWN OF BARNSTABLE, ) Plaintiffs-in-Counterclaim, ) V. ) BRENDA M. TRI, d/b/a DIAMOND EDGE FARM, Defendant-in-Counterclaim. --------------------------------------------------------- Plaintiffs, Defendants and Plaintiffs and Defendants-in-Counterclaim move that the Court enter an order providing that the parties file an agreement for 20030213 mowisi2 judgment in settlement on or before Monday, July 26, 2004, and that failing such filing, the parties' cross-motions for preliminary injunction and summary judgment argued on June 18 be decided on the merits. The grounds for this Motion are that the Board of Health helds its regular meeting on Tuesday, July 13 and Plaintiffs have presented a composting plan filed with the Commonwealth of. Massachusetts Department of Food and Agriculture. Dated: July 14, 2004, Assented To By: BRENDA M. TRI, et all MILLER, et all, etc., BOARD OF HEALTH Plaintiffs and Defendants.-in- THOMAS PERRY, BUILDING Counterclaim COMMISSIONER, TOWN OF BARNSTABLE, By Their Attorney Defendants and Plaintiffs-in-Counterclaim, ;� q/ C,0t/`� By their Attorneys, Anthony Alva ROBERT D. SMITH, Town Attorne [B.B.O. No. 633858] [B.B.O. No. 469980] 3291 Main Street RUTH J. WEIL, Assistant Town Attorney P. O. Box 730 [B.B.O. No. 519285] Barnstable, MA 02630 TOWN OF BARNSTABLE 508-362-8342; 508-362-7770 (Fax)367 Main Street, New Town Hall Hyannis, Ma. 02601-3907 (508) 862-4620; (508) 862-4724 Fax TO: Anthony Alva, Esq. [B.B.O. No 633858] Attorney for Plaintiff 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 (508) 362-8342; (508) 362-7770 FAX 20030213 motnisi2 CERTIFICATE OF SERVICE Barnstable, ss: July 14, 2004. 1 hereby certify under the pains and penalties of perjury, that I served a copy of the above document to the above-named attorney for the above-named parties on the date written above. r T. David Houghton, Assistant To n Attorney Town of Barnstable 367 Main Street, New Town Hall Hyannis, Ma 02601-3907 (508) 862-4620; (508) 862-4724 Fax 20030213 motnisi2 �„��zf- Ciui.r 'Il'I-i� FOLLOWRNG IS/ARE THE BEST IMAGES FROM POOR QUALITY.- ORIGRNAL(S) - Town Of jug:: = ®. • . . . )ABNSTABLE, `6 9 MA88. �� Office of Community and E 230 South Street, Hya� ,- . Postage $ Kevin J. Shea 'Office: 862-4678 o Certified Fee Postmark \ Director Return Receipt Fee / Here (Endorsement Required) °•• d / . r3 Restricted Delivery Fee - { Sent By Registered O (Endorsement Required) l7 Total Postage&Fees $ tl1 Q M Sent To---------�I LL �2L1a�9-- ---- Apt. -Jo---------------------------- -- ----- -------------- c7 J tree[,Apt.No.; ` �� 1� y 0or PO Box No. 2� � Jul 11,2003 _ _ ----------------------------------------------- p City,State,ZIP+4 r """' r �&I A Was I, Y0 Dr. &Mrs. Victor&Brenda Cillis 2051 Main Street West Barnstable, MA 02668 RE: Expired Comprehensive Permit Dear Victor&Brenda Cillis: It has come to my attention that the ZBA approval on your Comprehensive Permit has expired. As already stipulated in your written Decision, "this Comprehensive Permit must be exercised and the unit occupied within twelve months from March 8, 2002 or it shall expire." As a result of the status on your case, you need to re-apply for participation with the Accessory Affordable Housing Program in order to maintain an affordable rental use at your property. Should you decide to re-enter the program,please contact Paulette Theresa- McAuliffe at(508) 862-4683. The Town will continue to work with you to maintain your accessory apartment, however,if we do not hear from you within ten business days of the date of this letter, the Town will proceed with the process of revoking your Accessory Apartment Comprehensive Permit with the Barnstable Zoning Board of Appeals. Should you have any questions, do not hesitate to call. We appreciate your initial interest in the program and willingness on your part to help provide safe, desirable and affordable housing for residents within the Town of Barnstable. Sincerely, Kevin J. Shea,Director Community&Economic Development Q:CommDev/PT/Mon/EXPRD I i OF THE tp do Town of Bad o Office of Community and Eci o CO BAMSTABLE. * 367 Main Street Hyannis,M ru F 4',' 10 1 A L U 11 1 ;' s639. �0 (508)8624683 or(508)862469 QED MA'S A j ru Postage $ 2Er- ail Certified Fee [� Postmark Kevin J.Shea Return Receipt Fee Here Director I m (Endorsement Required) a Seat BvR l7 Restricted Delivery Fee I r3 (Endorsement Required) October 6,2003 O Total Postage&Fees $ N Dr.Victor and Mrs.Brenda CMa S V 4fM IL-RV. 6 i4- f 2051 Main Street --------------------------------------------------------------------------- Street,Apt.No.;or PO Box No. Barnstable,MA 02668 0 �1-----rn��--s�-------- Cigt Dear Victor and Brenda: Thanks for expressing interest in re-applying for a Comprehensive Permit with the Accessory Affordable Housing Program. In spite of the fact that we have played phone tag since mid-July,you need to pursue you application more aggressively. Your unit does again qualify for the program per the last inspection by Bob Shea on September 8ti- The next step is to take the enclosed form to Public Health Director, Thomas McKean, plus,required documents, (e.g.,certified surveyplot plan;house lay-out;unit lay-out,etc.). Then you need to supply this office with written approval from the Department of Public Health that your septic can handle the total number of bedrooms at your property,including the potential unit in order to move forward. As you already know,the process of acquiring a Comprehensive Permit takes from four to five months. So, the sooner you complete the next step with Public Health,the sooner we can move things along. Because these dwellings are needed in our community to provide housing for year-round residents,we want to have the assurance that you're seriously pursuing your application. Let me remind you that we provide up to a$2,000.00 grant for any unit rehabilitation. In addition,we will provide a list of certified local contractors through the Homebuilders Association of Cape Cod should you need such assistance. Whatever concerns you may have with your application or unit construction,we are standing by to assist you. I need to hear from you-within the next 10 days that you have satisfied requirements with Public Health. Since you've done this process before,it should not be problematic to repeat. If I don't hear from you within that time period,I have no other option but to refer your case to the Building Commissioner. Please feel free to call me during the day at: (508) 862-4683 or I can be reached by cell at: (508) 280-5540. Again,looking forward to the possibility of working with you in a program designed to provide desirable and safe housing for individuals within the town of Barnstable. Sincerely, Paulette Theresa-McAuliffe Amnesty Program Coordinator cc: Kevin Shea,Director,Community&Economic Development Q:ComntDev/PT/Mon/LTRLRNS.DOC tHE To Town of Barnstable BARNsrABL ; Regulatory Services MASS. 39. iOTFc Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 30, 2003 Mr. &Mrs. Victor Cillis 2051 Main Street W. Barnstable,MA 02668 Re: 2051 Main Street, W. Barnstable Dear Mr. &Mrs. Cillis: We have been notified by Paulette Theresa McAuliffe at the accessory affordable housing program that your Amnesty Comprehensive Permit has expired. Therefore, you are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this before you make any changes. If you have any further questions, please call Lois Barry,Division Assistant, at 508 862-4039. Sincerely, Thomas Perry Building Commissioner TP/lb cc: P. McAuliffe CERTIFIED MAIL 7002 0510 0003 5436 1887 Q030730c Nov 29 04 10: 33p Pediatric Associate (508) 775-8673 p. 1 11/29/04 Town of Barnstable Building Div. T. Perry Building Conunissioner Dear Mr. Perry; We are in receipt of your letter concerning cancellation of Accessory Affordable Housing status. We wish to appeal this decision and request venue to appeal. Please notify us of all applicable information we may need (forms,dates etc.)any date after 12/5. Thankyou for your help in this matter. YCillSincerely is B. Tri V t V Nov 29 04 10: 33p Pediatric Associate `(5081775-8673 11/29/04 Town of Barnstable Building Div. T. Perry Building Commissioner Dear Mr. Perry; We are in receipt of your letter concerning cancellation of Accessory Affordable Housing status. We wish to appeal this decision and request venue to appeal. Please notify us of all applicable information we may need (forms,dates etc.)any date after 12/5. Thankyou for your help in this matter. Sincerely ' Cillis B. Tri o r n Complete items 1,2,and 3.Also complete._.,t . A_Signatu item 4 if Restricted Delivery is desired. c ❑Agent o Print your name and address on the reverse �^ ❑Addressee so that we can return the card to you. B. Received n Attach this card to the back of the mailpiece, Y(Printed Name) C. ate o Deli `ry or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No 3. Service Type -Pr 6Lzl 9 Certified Mail ❑ Express Mail ❑ Registered R Return Receipt for Merchandise 0 ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 0 0 2 10 0 0 0 0 0 5 0 (Transfer from service label) € F !- I E I �7 81 7 8 6 0;€ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICES• 11 4 First Class SVlail F' I tt. � Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print-yc a gie, address; ancl-ZfP�Win414&-bfrX'ti'""Y TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIS,MA 02601 !�I4fflt�f�11I4f1�!!fl4;!1f�;:�114ll�Iflifl�!�I!!!!l�ft441i�1I QOA ' • - - T' o, ' D � r�- CO OFFICIAL ', - N C3 Postage $ H Y,q� Ln ✓/ C3 Certified Fee l� ostmark t� p Return Receipt Fee I Here D (Endorsement Required) tD O Restricted Delivery Fee C� O (Endorsement Required) C3 `c "ll Total Postage&Fees ru C3 Sent To S --------------- -- -----------_--------- ----------- _ [� Street,Apt.No.; --------------------- -- or PO Box No. /QJ � City-- f--Z +4 ` — ----------------/---------�----------------- �Os7ecC Certified Mail Provides: C A mailing receipt ' n A unique identifier for your mailpiece n A signature upon delivery n A record of delivery kept by the Postal Service for two years Important Reminders. n Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. n Certified Mail i5_not available for any class of international mail. n NO INSURANCE1COVERAGE IS PROVIDED with Certified Mail. For valuables,plea _onstder Insured or Registered Mail. C For an additiona'I 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)tq-the article and add applicable postage to cover the fee.Endorse railpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receli6t;a USPS postmark on your Certified Mail receipt is required. n For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". 13 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 label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,April 2002(Reverse) 102595-02-M-1133 t FIME Town of Barnstable "o BAMMBLE. Regulatory Services Thomas F. Geiler,Director .elFO MA'S A � Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 17, 2004 Dr. and Mrs. Victor J. Cillis 2051 Main Street W. Barnstable, MA 02668 Dear Mr. and Mrs. Cillis: We have been notified by the Zoning Board of Appeals that the Comprehensive Permit for the Accessory Affordable Housing unit at the above-referenced property has been cancelled. You are hereby ordered to restore the property to a single-family home, and you must apply for a building permit to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose, we will be more than happy to help you. If we do not hear from you within fourteen days of the receipt of this letter, we will be forced to seek criminal action against you. Sincerely, Thomas Perry Building Commissioner TP/lb CERTIFIED MAIL 7002 1000 0005 0781 7860 Q2051Main M. Bk 192-21 P0198 OLS68 ARNS ALE � , � TOWN CLERK RARNMOM `,t { •ham ��g,�.,.. . En Mod� Town of Barnstable Zoning Board of Appeals Decision-Expired Comprehensive Permit Victor J. Cillis and Brenda M. Cillis - Appeals,No. 2002-11 Comprehensive Permit- MGL Chapter 40B Summary Determination that Comprehensive Permit Has Expired Applicant(s): Victor I Cillis and Brenda M.Cillis Property Address: 2051 Main Street,West Barnstable,MA Assessor's Map/Parcel: Map 216 Parcels 076 and 075 Zoning: Residence F Zoning Districts Background: On January 02,2002,Victor J. Cillis and Brenda M. Cillis made application to the Town of Barnstable under the Accessory Affordable Housing Program for a comprehensive permit pursuant to the General Ordinances Chapter III Article LXV. The applicants were seeking to convert an existing one-bedroom apartment unit of approximately 730 sq.ft. located above the garage to an accessory affordable rental unit. Use of the apartment unit has been cited by the Building Division as being in violation of the Zoning Ordinance. UA Comprehensive Permit Number 2002-11 was issued to the applicant on March 08,2002 and is recorded at the Barnstable Registry of Deeds in Book 15116,Page 117. The Regulatory Agreement and Declaration of Restricted Covenants was executed.and signed on April 26,2002 and recorded at the Barnstable Registry of Deeds in 15116,Page 11 L. On July 29,2004, a letter,including a signed affidavit from Paulette Theresa-McAuliffe,Special Projects ® Coordinator,and Monitoring Agent for the program,was submitted to Ms. Gail Nightingale,Zoning Board of Appeals Hearing Officer. That letter advised Ms.Nightingale that Comprehensive Permit 2002- 11,issued to Victor J. Cillis and Brenda M. Cillis,was not executed within the twelve months after it was issued as required by the permit, and therefore expired. Procedural&Hearing Summary: A public hearing was duly advertised in accordance with MGL Chapter 40A and notice sent to the applicant that the hearing would be held to review and act upon the report of the Monitoring Agent that the permit had not been exercised within the twelve-month time limitation imposed and therefore,has expired. The hearing was opened September 22,2004 at which time the Zoning Board of Appeals Hearing Officer made.the following finding and decision that Comprehensive Permit 2002-11 has expired and is null and void. Findings of Fact: At the hearing of September 22,2004,the Zoning Board of Appeals Hearing Officer made the following findings of fact: 1. In Appeal 2002-11,the applicants,Victor J. Cillis and Brenda M. Cillis,sought to convert an existing un-permitted apartment dwelling unit,located above the garage,into an affordable rental unit. The property is shown on Assessc•r's Map 216 Parcels 076 and 075,and is commonly addressed as 2051 Main Street,West Barnstable,MA in Residence F Zoning Districts. 2. On March 8,2002,a comprehensive permit was issued for the subject locus and recorded at the Barnstable Registry at Book 15116,Page 117. Additionally,a"Regulatory Agreement and Declaration of Restrictive Covenants"recorded at the Barnstable Registry of Deeds at Book 15116, Page 111. 3. By affidavit dated July 29,2004,Paulette Theresa-McAuliffe,Director,Accessory Affordable Housing Program,provided evidence that the Cillis' have not exercised the comprehensive permit within twelve months of its issuance. Specifically,Ms.McAuliffe stated that Ms. Brenda Cillis, advised her that due to a serious chronic illness, she no longer has the stamina to be a landlord in the Accessory Affordable Housing Program. Decision: .At the hearing on September 22,2004,the Hearing Officer determined that the comprehensive permit issued wthe Cillis' for the property located at 2051 Main Street,West Barnstable,MA is no longer valid. Said property shall revert to the use currently permitted under zoning. Transmission: In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the Hearing Officer has transmitted the written decision to the Zoning Board of Appeals on September 22,2004, and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the final decision. Ordered: Comprehensive Permit 2001-97 has expired and is null and void. The property owners shall take all steps necessary to assure that the property reverts to the use currently permitted under zoning.This decision shall be recorded at the Barnstable County Registry of Deeds within sixty(60)days by the property owners. Should the property owner fail to record said decision within said sixty(60)day period, then the town shall cause said decision to be recorded. 4J- i01-7 a G Nighting ,He Officer Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby cerdiy. that twenty(20)days have elapsed since the Zguing Board of Appeals filed this decision and that no appeal of the decision had been,fi; d in the"offic of the Town Clerk /.J S� f Signed and sealed this / ay of under the pains and peiialtit;s of pe&ry. Linda Hutchenrider,Town Clerk. 2 OFIHE l Town of Barnstable Regulatory Services 9B"M SSSB1E'g Thomas F. Geiler, Director 039. lFOMP'�A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom Perry FROM: Lois Barry DATE: 11/9/04 RE: 2051 Main Street,WB/Cillis We now have the recorded "Determination that Comprehensive Permit Has Expired." I also have a note that Legal was deciding whether to take them to court. Do we need to take any action? Do you want to sent the attached draft letter? i �FIKE T Town of Barnstable 0 M �AB , Regulatory Services 94� 169• ,m� Thomas F. Geiler, Director ABED��A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 9, 2004 Mr. and Mrs. Victor J. Cillis 2051 Main Street W. Barnstable, MA 02668 Dear Mr. and Mrs. Cillis: We have been notified by the Zoning Board of Appeals that the Comprehensive Permit for the Accessory Affordable Housing unit at the above-referenced property has been cancelled. You are hereby ordered to restore the property to a single-family home, and you must apply for a building permit to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose, we will be more than happy to help you. If we do not hear from you within fourteen days of the receipt of this letter, we will be forced to seek criminal action against you. Sincerely, Thomas Perry Building Commissioner TP/lb Q2051 Main 1' wl{MliYfwFd4flrt►�eiwYdML�i� 7-77 � ACt�on } , Year Type Bill t Cust # Bill Name Ph History 2 0 0 5 RE-R 2 6986 —250616 :Lj TR I, BRENDA Parcel ID 216-076-B00 12051 MAIN ST Detail .d Alt Parc W BARNSTABLE, MA 02668 ,Eting Bil)jv, Prop Loc 12051 MAIN ST /RTE 6 A(BARN. tie nlSale M Special ConditionsMates Buick Scan, Int Dt Billed Abt/Adj Pmt/Crd Interest Unpaid bal I S�ecfic Bill 1 11/23/04 - 221 . 73 ---- 00 . 00 . 00 221'. 73 IN=lltiiity'Acct 2 05/ 33/05 I 221. 72 F. 00 �- 00 . 00 �— 221 . 72 ' X=Customer_ 3 I F F - ,Y=Parcel` Fees/Pen: r-- 0.0 00 . 00 .00 �) �Z-Name.: Totals: 443 . 45 F- 00 00 . 00 443 . 45 Exit JAI 1 Owner: TRI, BRENDA Q Due 11/09/2004 221 .73 Per Diem . 00 Preferences Int Paid �� . 00 "' �` 1 of 11 =� Bk 19221 P0198 -OWL;Q6879 11-08-2004 12 ¢E3.Val LEE EAF24S639. IMF Town of Barnstable Zoning Board of Appeals Decision-Expired Comprehensive Permit Victor J. Cillis and Brenda M. Cillis - Appeals,No. 2002-11 Comprehensive Permit-MGL Chapter 40B Summary Determination that Comprehensive Permit Has Expired Applicant(s): Victor J.Cillis and Brenda M.Cillis Property Address: 2051 Main Street,West Barnstable,MA Assessor's Map/Parcel: Map 216 Parcels 076 and 075 Zoning: Residence F Zoning Districts Background: On January 02,2002,Victor J. Cillis and Brenda M. Cillis made application to the Town of Barnstable under the Accessory Affordable Housing Program for a comprehensive permit pursuant to the General Ordinances Chapter III Article LXV. The applicants were seeking to convert an existing one-bedroom apartment unit of approximately 730 sq.ft. located above the garage to an accessory affordable rental unit. Use of the apartment unit has been cited by the Building Division as being in violation of the Zoning Ordinance. a" Comprehensive Permit Number 2002-11 was issued to the applicant on March 08, 2002 and is recorded at the Barnstable Registry of Deeds in Book 15116,Page 117. The Regulatory Agreement and Declaration of Restricted Covenants was executed.and signed on April 26,2002 and recorded at the Barnstable Registry of Deeds in 15116,Page 11 L. _ J On July 29,2004, a letter, including a signed affidavit from Paulette Theresa-McAuliffe, Special Projects ® Coordinator, and Monitoring Agent for the program,was submitted to Ms. Gail Nightingale, Zoning Board of Appeals Hearing Officer. That letter advised Ms.Nightingale that Comprehensive Permit 2002- 11,.issued to Victor J. Cillis and Brenda M. Cillis,was not executed within the twelve months after it was ® issued as required by the permit, and therefore expired. Procedural&Hearing Summary: A public hearing was duly advertised in accordance with MGL Chapter 40A and notice sent to the applicant that the hearing would be held to review and act upon the report of the Monitoring Agent that the permit had not been exercised within the twelve-month time limitation imposed and therefore,has expired. The hearing was opened September 22,2004 at which time the Zoning Board of Appeals Hearing Officer made.the following finding and decision that Comprehensive Permit 2002-11 has expired and is null and void. Findings of Fact: At the hearing of September 22,2004, the Zoning Board of Appeals Hearing Officer made the following findings of fact: 1. In Appeal 2002-11,the applicants,Victor J. Cillis and Brenda M. Cillis, sought to convert an existing un-permitted apartment dwelling unit, located above the garage,into an affordable rental unit. The property is shown on Assessor's Map 216 Parcels 076 and 075,and is commonly addressed as 2051 Main Street,West Barnstable,MA in Residence F Zoning Districts. 2. On March 8,2002, a comprehensive permit was issued for the subject locus and recorded at the Barnstable Registry at Book 15116,Page 117. Additionally,a"Regulatory Agreement and Declaration of Restrictive Covenants"recorded at the Barnstable Registry of Deeds at.Book 15116, Page 111. 3 By affidavit dated July 29,2004,Paulette Theresa-McAuliffe, Director,Accessory Affordable Housing Program,provided evidence that the Cillis' have not exercised the comprehensive permit within twelve months of its issuance. Specifically,Ms.McAuliffe stated that Ms.Brenda Cillis, advised her that due to a serious chronic illness, she no longer has the stamina to be a landlord in the Accessory Affordable Housing Program. Decision: ,At the hearing on September 22,2004,the Hearing Officer determined that the comprehensive permit issued to.the Cillis' for the property located at 2051 Main Street,West Barnstable,MA is no longer valid. Said property shall revert to the use currently permitted under zoning. Transmission: In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the Hearing Officer has transmitted the written decision to the Zoning Board of Appeals on September 22,2004,and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the final decision. Ordered: Comprehensive Permit 2001-97 has expired and is null and void. The property owners shall take all steps necessary to assure that the property reverts to the use currently permitted under zoning. This decision shall be recorded at the Barnstable County Registry of Deeds within sixty(60)days by the property owners. Should the property owner fail to record said decision within said sixty(60) day period, then the town shall cause said decision to be recorded. J je 7 of% G Nighting ,Hea Officer Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby,certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that.n6' appeal of the decision had been filed in the office of the Town Clerk Signed and sealed this day of under the pains and penalties of perjury. �`e ;' T—Linda Hutchenrider, Town Clerk., 2 - so g- MASSArgeo Paul Cellucci Jane Swift Kevin J. Sullivan Matthew J.Amon H/hHllllAY Governor Lieutenant Governor Secretary Commissioner CERTIFIED MAIL Z 453 878 .938 April 1, 1999 Victor&Brenda.Cillis 2051 Main Street(Route 6A) Barnstable,MA 02630 Dear Mr. &Mrs.Cillis: SUBJECT: Barnstable-Route 6A This letter is to inform your il-iat 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. I 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: I * A plan showing both edges of road,the State Highway Layout and Baseline(drawn at a scale 1"=40'). i * 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 questions, please contact William Whitty,Assistant Permit Engineer,at(508)884-4210. Sincprely, f f' �0 �fI and Mc urt District Highway Director WFW:gls cc: BMcC Barnstable Building Inspector Foreman File cillis.doc Massachusetts Highway Department•District 5. 1000 County Street, Taunton, MA 02780• (508) 824-6633 vvi vei 4vvv vv.vi rnw vvv vvv vava v Lt�l vva r� 1'0'iff 1\0171f r1✓y Kerry Healey Daniel A, Grabauskas John Coglrano i� Gotremor Lt.Govemor Secretary Commissioner ]DISTRICT FTV.E Bernard McCourt, Director FACSIMILE TRANSMITTAL, SHEET TO MOM: � MOP afaq% INC ANY: DATE: m- � _ TOTAL NO.OF OAGRS INCLlfb1NG COVEk: PHONE NUMBER! RE: ❑URGENT ❑FOR REVIEW ❑PLEASE COMMENT PLEASE REPLY ❑PLEASE RECYCLE NOTES/COMMENTS oers o CAato rn STATEMENT OF cohx70E rmury The documents included in this facsimile transmittal sheet contain information from the Massachusetts Highway Department,which are confidential and/or privileged. 7tre information is intended to be for the use of the addressee named on this transmittal sbeec If you are not the addressee,note that any disclosure,phot000pying,distribution or use of the contents of this faxed information is prohibited if you have received this facsimile in error,please notify us by telephone. Thank you, Massachuseffs Highway Department•1000 County Street, Taunton, MA 02780.(W6) 824-6633 '- VV/VL/LVliy VO.YV i'nA VVO QQV V.LVL 3UAV.7i11VRRni VLOA V W_..)VV`! CERTIFIED AZA.JL 7,453 878 039 April 1, 1999 Victor&Breuda Lillis 2051 Mair Street(Route 6A) Barnstable,MA 02630 Dear Mr.&Mrs.Cillis: SUBJECT: Barnstable-Route 6A This 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 awned 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 tlris Department along with a plan addressing the following issues: A plan showing both edges ofroad,the State Highway Layout and Baseline(drawn at a scale 1'' =40). r 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 lime 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 questions, please contact William Whitty,Assistant Permit Engineer,at(508)984-4210. Sincerely, Bernard McCourt District Highway Director ltrFW:gls cc: BMOC Barnstable Building Inspector Foreman File c i ilis.doc Volvelz p,* uM:4t t'RA avo oov vivA naaani"n"nX V1.71 .7 Wj VVJ INTEROFFICE MEMORANDUM TO: David Mullen,Chief Counsel THROUGH: Thomas F.Broderick, Ill,P.E.,and Chief Engineer FROM: Bernard McCourt,District Highway Director DATE: May 6, 1999 SUBJECT: Barnstable—Route 6A—Access Issue I am writing to address an issue that has come up as a result of the Town of Barnstable Fire District water Department applying to install a water service to Lots#4 abutting Route 6A in Barnstable_ Apparently Lots#4 and#5 have access through an easement over abutting property owned by Brenda and Victor Cillis. The Cillis'have been notified that they must file an Application For Permit To Access State Highway to modify the existing driveway to accommodate the increase traffic for Lots 44(copy attached.). The permits unit had received an application from the Barnstable Fire District Water Department on December 9, 1998 requesting to install a water service to Lot#5 for Chris Mason who was constructing a house on the lot. This prompted a few phone calls and a site visit to determine where the access was being obtained for the lot. As a result it was determined that Lot#5 and 04 would be accessing via an easement on Dr,Cillis'property which currently only accessed his house. It was determined that a letter would be sent to the doctor advising Trim to-apply to this office to-upgrade the existing driveway. Permit#0-0052-6975 was issued to the water department as a result of tfus letter going out to make the necessary changes to the driveway. A letter was sent to the Cillis'on February 24, 1999. However,the address was incorrect and the letter was returned. In the meantime another application was submitted by the water department requesting a water service to Lot #4. The water superintendent was advised to have the property owner of the lot(Mr.Troutman)contact the District Permits Engineer. Mr.Troubr.an was advised that the driveway was a major safety concern and at that time the Cillis' hadn't accepted the letter. A second letter was then sent dated April 1, 1999 to the correct address of the Cillis'. To date I have been contacted by all parties'legal representatives and have advised that the water service to Lot#4 will be withheld until the application to make the necessary improvements has been submitted by Dr.Cillis Since this issue has become a legal issue,I am looking for your input as to how best address this issue since apparently Mr.Mason and Mr.Troutman(owners of Lots#4&05)do not appear to have the rights to make improvements to the easement area. I have enclosed all the documentation including the water'service applications, permit#0-0052-6975,and correspondence from Julie C.Molloy of Pepe&Hazard LLP,and Bruce P.Gilmore,who are representing Mr.Mason and Mr.Troutman. A"Freedom of Information"request for all relevant documentation has been received. If you need any additional information or history regarding this issue please contact the District Permit Engineer,Matthew Broderick,at(508)884-421 L MEB:gls c:c: BMcC H cillis2nd.doc vvr vrr rvvi vv.'aa •arts vvY ivv v�vr wa�wr.iva vutn aaa YaYa V .(;/vvr CERTIFIED MAIL L 453 879 025 June 22, 1999 Mr.Bruce P.Gilmore,Esq. 1170 Route 6A P.O.Box 734 West Barnstable,NCk 02668 Dear Sir: SUBJECT: Barnstable—Route 6A—Access to Lots#4&45 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 MassHighway's opinion that the owners of Lots 94 are the owners of land who should submit the Application For Permit To Access State IIighway 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 44&45 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 Departraent 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 untii 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 ifie information required for your 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 Lit(617)973-7815. Sincerely, Bernard McCoure District Highway Director MEB:gls Enclosure cc: BMcC HW RLG Legal Counsel Julie C.Molloy,Pepe.&Hazard, 150 Federal Street,Boston,NU 02110 cillis3rd.doc CERTTHED MAIL Z 453 878 962 May 6, 1999 Mr. Bruce P.Gilmore 1170 Route 6A West Barnstable,MA 022668 Dear Sir: SUBJECT: Bamstable—Route 6A—Access to Lots 94 &*5 T am in receipt of your letter dated April 27, 1999 of which you have submitted the subdivision plan dated March 10, 1994 and a copy of the quitclaim deed.This matter has been forwarded to the Department's'Legal Counsel in the Boston Headquarters for their review and assistance. If additional information is needed they will either contact you directly or ask me to contact you accordingly. Hopefully the access issue can be resolved amongst your clients and Dr_Cillis. Please be advised that Dr.Cillis has received his letter dated April 1, 1999,which was accepted on April 19, 1999. As a result Dr. Cillis has had his legal representative Julie Molloy of Pepe&.Hazard contact this office to advise that her client is willing to submit the necessary Application For Permit To Access State Highway as the property owne,:having the right to make said application once various issues have been resolved between your clients'the Troutmans and the Masons. If anything changes or agreements are accepted between all parties to make the necessary design and construction improvements needed at the driveway apron please contact the District Permits Engineer,Matthew Broderick in writing. Sincerely, Bernard McCourt District ITiglnway Director MEB:gls cc: BMcC HW Legal Counsel Barnstable Fire District Water Depafiment, P.O.Box 546, Barnstable, NIA 02630-0546 Julie Molloy,Pepe&Ha7nard LLC, 150 Federal Street,Boston,MA 02110 Troutman.doc ZUUiZ00l�] a JSI4 < VAfflaIHSSVK ZOT9 099 SOS Rid Le:60 tOUZ!ZG/90 1 Town of Barnstable Building Division .� 200 Main Street Hyannis, MA02601 Ik 7002 0510 0003 5436 1887 �� A H?, ETER 7 G 4 r E r C p "umber Mr. Victor Cillis e �W` pg Addressed Main Street _ Unaba To Fwmld_�S p e F� f +td k{ Moved,ldt0.b Ad= p ndL'WdOP0=d ,. M — ai limirur rL,.mp:l11FiL.J. hl!/iE�t•:72tY��`v..` - ® Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ; c Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ® Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes � 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Service Type Y"✓ �r�'-"lertified Mail ❑ E ress Mail ❑ Registered Weturn Receipt for Merchandise i C� ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes - 2. Article Number ; 7002 0510 0003 5436 1887 1 ran 102595-02-M-1540 �1NE r°�ti Town of Barnstable , ,„STAB,Z ; Regulatory Services v� IA 1�$ ArEo 39. A Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 30, 2003 Mr. &Mrs. Victor Cillis 2051 Main Street W. Barnstable, MA 02668 Re: 2051 Main Street, W. Barnstable Dear Mr. &Mrs. Cillis: We have been notified by Paulette Theresa McAuliffe at the accessory affordable housing program that your Amnesty Comprehensive Permit has expired. Therefore, you are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this before you make any changes. If you have any further questions, please call Lois Barry,Division Assistant, at 508 862-4039. Sincerely, Thomas Perry Building Commissioner 12, cc:" P.-McAuliffe CERTIFIED MAIL 7002 0510 0003 5436 1.887 Q030730c Town of Barnstable MMSr,ZU, ; Regulatory Services KASM 3 ,��, iOrFp 9- Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 30, 2003 Mr. &Mrs. Victor Cillis 2051 Main Street W.Barnstable, MA 02668 Re: 2051 Main Street,W. Barnstable Dear Mr. &Mrs. Cillis: We have been notified by Paulette Theresa McAuliffe at the accessory affordable housing program that your Amnesty Comprehensive Permit has expired. Therefore,;you are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this before you make any changes. If you have any further questions, please call Lois Barry,Division Assistant, at 508 862-4039. Sincerely, ` Thomas Per ry Building-Commissioner TP/lb cc: P. McAuliffe CERTIFIED MAIL 7002 0510 0003 5436 1887 Q030730c Bk 15116 PS111 05-0— -,2002 & 03 0 49F3- REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this — � day of �t ,2002,by and between_Vic tor). and Brenda M. Cillis of 2051 Main Street, West_B M Barnstable, A 2668,and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations bythe Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit";and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT"SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 2051 Main Street,West Barnstable,MA, as further described in Exhibit"A"hereto annexed. B. The Project located at 2051 Main Street,West Barnstable,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. 2002-11 and anyplans submitted therewith and all applicable state,federal and municipal laws and regulations (A copy of the comprehensive permit is annexed hereto as Exhibit.`B"). D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES• A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income (herein defined as 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of Area Median Income or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Bamstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established bythe Barnstable Housing Authorityshall be deducted from HUD's rent level. 3. The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. EXHIBIT Bk 1-1 16 P:o 117 0-39221 IHE HhRNMBLF, AtA95. Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2002-11 - Cillis Applicant: cVictor:J _&Brenda-M-Cillis - Property Address: ` --2051 Maui Street,-West Barnstable,MA Assessor's Map/Parcel: Map 216 Parcel 076 Zoning: Residential RF-2 Zoning District Applicant: The applicants are Victor and Brenda Cillis,who reside at 2051 Main Street,West Barnstable, MA. They are the individuals to whom this Comprehensive Permit is issued for the conversion of an existing un-permitted one-bedroom apartment unit within a single-family dwelling as an accessory affordable rental unit in accordance with all conditions of this permit. Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B - S 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpermitted Dwellings,more commonly termed the "Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 3-1.3 (2) of the Zoning Ordinance—Accessory Uses to permit an accessory apartment unit to a single-family owner-occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an owner- occupied single-family residence with an accessory affordable apartment unit. Locus and Background: The property is at least 3.4 acres and is developed with a 5 bedroom,21/2 bathroom, 7,376 square foot colonial single-family house,including an accessory apartment located adjacent to the parent house above the garage. When the applicants bought the house in 1994 through an auction,the apartment already existed. Since that time,the apartment has been occupied off and on by individuals who worked on the applicants' ranch. The applicants became aware of their illegal use of the unit when they were contacted by the Building Department after placing a rental ad in the newspaper. The apartrnent is currently unoccupied and applicants have come forward to participate in the program. The accessory apartment is a one-bedroom unit,which is located above the garage of the single-family home. The area is approximately 730 square feet. The locus is in an RF-2 District. The Town's Public Health Department has on record a Certificate of Compliance that the applicants' sewage disposal system is certified to handle a total of 5 bedrooms. The unit has been documented to pre-exist January 01, 2000, and qualifies for the Accessory Affordable Housing Program as an Amnesty unit. Procedural Summary: This appeal was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on January 23,2002. The Hearing Officer, Gail Nightingale,presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator,Kevin Shea,Director, Office of Community and Economic Development, and Michelle McKinstry,Barnstable Housing Authority.. Findings as to Standing and The Comprehensive Permit: At the January 23,2002 hearing, the Hearing Officer made the following findings of fact: 1. The applicants are Victor J. & Brenda M. Cillis with an address of 2051 Main Street,West Barnstable, MA. They have owned the property since December 15, 1994 as documented and recorded at the Registry of Deeds in Book 9499,page 308. They are requesting the Comprehensive Permit to convert an existing apartment into an accessory affordable rental unit. Although family members have occupied the unit in the past, it was never authorized as a family apartment in accordance with zoning. The unit does qualify for the "Accessory Affordable Housing Program" as an Amnesty unit that existed prior to January 01,2000. Two of the applicants'neighbors expressed opposition stating concern about tenants living in a farm environment that has a lot of horse manure. The applicants explained there is no cause for health and safety concerns because the affordable unit is attached to the main house where they Eve and that their home is physically located in a different section of the farm from where the horse manure is handled. The Hearing Officer ruled that no legitimate health and safety concerns were demonstrated with respect to the horse farm activities. 2. The applicants were issued a site approval letter dated January 18,2002 from Kevin Shea, Director, Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Community Development Block Grant(CDBG) program. 3. The rental unit is approximately730 square feet,and has one bedroom It is located above the garage of the main house. 4. According to the Assessor's record the structure has a total of 5 bedrooms. The site is within the Aquifer Protection District and is not restricted by the 330 Rule. The Town's Department of Public Health has placed a Certificate of Compliance on record approving the sewage disposal system for 5 bedrooms. The applicants are aware that the total number of bedrooms cannot exceed five. 5. The Barnstable Housing Authority completed an inspection of the unit on December 14,2001. The unit was found to need: screens on windows in both the living room and kitchen areas;handrail on the stairwell leading to and from the unit;upgraded heating equipment;.minor repair of electrical fixtures in the unit. It was also noted that the Town's Building Department would need to snake the final determination regarding a second adequate egress. The applicants are aware that a final inspection by the Building Division will be required and that all improvements necessary to assure that the unit meets applicable minimum state and local code requirements must be completed. 6. On January 2, 2002,the applicants signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing to comply with the programs requirements,including owner occupancy of the principal dwelling unit and further agreeing to comply with the provisions set forth in Article LXV (65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement &Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicants as a"limited dividend organization" as that term is used under M.G.L.c.40B §§20-23. 2 7. The applicants understand that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD). 8. The Barnstable Housing Authority has committed to the monitoring of this affordable rental unit. The maximum allowable rent for two people for this one-bedroom unit in today's dollar is $774.00 (which includes utilities). The tenant's annual income for one person cannot exceed $29,250.00 and for two people cannot exceed $33,400.00. 9. According to the Massachusetts Department of Housing and Community Development, as of October 1, 2001,4.7% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L. c. 40B 9§ 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan, the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 10. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective o providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed.. Ruling and Conditions: Based upon the findings,the Hearing Officer ruled that the applicants have standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's program for Pre-existing Dwelling Units in Existing Structures,Article LXV(65) of the General Ordinances. Further,based upon the findings,a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B. The granting of this Comprehensive Permit is to the applicants,Victor and Brenda Cillis. It is issued to allow for an existing apartment unit of 730 square feet,subject to the following conditions: 1. The property owners shall occupythe principal dwelling unit as their year-round residence. 2. Occupancy of the affordable unit shall not exceed two people. 3. The Town's Department of Public Health has placed a Certificate of Compliance on record approving the sewage disposal system for 5 bedrooms. The applicants are aware that the total number of bedrooms cannot exceed five. 4. This unit shall not be occupied by a family member unless permitted under the Town Manager's criteria for the Local 40B Program. 5. To meet the requirements of affordability,the cost of housing (including utilities) shall not exceed the Department of Housing and Urban Development's (HUD) (or any successor agency) 80% rent limits as published from time to time. Eligible tenants shall have an income at or below 80% of the Area Median Income,adjusted by household size. Both the rent limits and income limits can be secured from the Barnstable Housing Authority or from the agent of the town implementing this program 6. All leases shall have a minimum term of one year. 3 Bk 15116 ma`s 120 139221 7. The applicants shall have the unit re-inspected by the Building Division to assure that all necessary improvements are made to meet minimum state building and fire codes. It shall also be reviewed by the Health Division to assure compliance with applicable on-site wastewater discharge requirements. 8. The applicants may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Barnstable Housing Authority as a qualified individual. The applicants will be required to work with the Housing Authority to provide information necessary to document that the tenant(s) qualify. The unit shall be rented on an open and fair basis. When a vacancy occurs,the unit must be listed as available with the Barnstable Housing Authority and Housing Assistance Corp. The applicants must notify the monitoring agent of a vacancy whenever it occurs. 9. Every twelve months the applicants shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Barnstable Housing Authority an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicants shall provide the Barnstable Housing Authority any additional information it deems necessary to verify the information provided in the affidavit. Upon anyreport from the Barnstable Housing Authoritythat the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 10. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 11. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the . Barnstable Housing Authority shall be notified within 60 days the name and address of the new owner. . 12. All parking for the dwelling and accessory unit shall be accommodated on site,and no lodging shall be permitted on site for the duration of this Comprehensive Permit. 13. This Comprehensive Pernut must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 Bk 1 116 P01:2:1 Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part 11, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code, the hearing officer transmitted her written decision to the Zoning Board of Appeals on , and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision, this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2002-11 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. 2, Nghtingal ,Hearing ficer Date Signed I,` inda Hutchemider, Clerk of the Town of Barns able,Barnstable.County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed'in the office of the Town Clerk- Signed and sealed this ` Iy. ��� _under the pains and penalties of perjury. Linda Hutcheruider, Town Clerk 61 • "F575V��\�_ Gn i U.I Z s'd ` f 4 ,C i��f ;;=,1 ? r . &'7 T '- q t TOWN OF BARNSTABLE 02-16-2005 TOWN MANAGER,JOHN KLIMM ATTORNEY DAVID HOUGHTON THOMAS GEILER THOMAS PERRY WE THE UNDERSIGNED NEIGHBORS OF THE TRI-CILLIS PROPERTY,LOCATED AT 2051 MAIN ST,BARNSTABLE REQUEST AN IMMEDIATE INJUNCTION AGAINST THE USE OF OVERHEAD LIGHTING CURRENTLY BEING UTILIZED. THESE LIGHTS WERE DEEMED 404 ILLEGAL BY THE TOWN TWO YEARS AGO AND THE OWNERS WERE INSTRUCTED TO REMOVE THEM. THEY HAVE NO PLACE IN A RESIDENTIAL NEIGHBORHOOD AND ARE EXTREMELY OFFENSIVE ON MANY LEVELS;MOST ESPECIALLY AT NIGHT,WHEN THEY DISTURB THE PEACE OF OUR HOMES !!! TO DATE,FINES LEVIED HAVE BEEN BLATANTLY IGNORED. PLEASE, TAKE LEGAL ACTION AGAINST THESE LATEST INFRACTIONS OF THE LAW-AS WELL AS THE. ON-GOING PUBLIC HEALTH ISSUES !!! PRINT NAME ADDRESS SIGNATURE f W; 11-j, ce#3� _r!D dolt ti�U..L 1)"7 Mosl `� o$sCT1jrl �, rT�rytuz.,- ec� . )iu-( p�44I , .[ I- ` /wtf4N. y ( jR1 c C(2-2rfri4SJ Ilt-\---. vl Adit IF ii.. ane. Ite-c Qw462 /-1U*4. S. ' 41.4' kiL-el , ; - f -iti4X,iiii. acalie4" zoW2 'I ') � -a---- or ouch)_. h �L_c1 _ -- of t-.,,,,i ivr, '1.1...a '7? --- ---L6R v / aed re gielii1,57,1 de,, ,,.\ -__Z__C___ _ Ae.% ?rie coy i ��.; r PRINT NAME ADDRESS SIGNATURE D7- .-,&.-..A.if„, , . :;-qi/ i 2l rr ic Nib , 3 ',Z dz ,.4u.,„u d,/,-. ji iiiii4feej d,1(0 7-`76./ii Skeeitt)b ,,_1_2.,,,L- --- UL ,, ',. • tr-i, i, ;,. .,,,, !. , , �- 1 (At I`� TOWN OF BARNSTABLE NST OFFICE OF TOWN ATTORNEY MAS' toss) 367 MAIN STREET HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.#:(508)862-4620 RUTH J.WEIL, 1°'Assistant Town Attorney FAX#: (508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney February9, 2005 www.town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant CLAUDETTE BOOKBINDER,Legal Clerk BY FACSIMILE AND FIRST CLASS MAIL Matthew J. Dunn, Esq., Assistant District Attorney Office of District Attorney Cape & Islands District 3231 Main Street P.O. Box 455 Barnstable, MA 02630 Re: Response to Motion to Dismiss p' Commonwealth v. Brenda Tri 4A((9 Barn. Dist. Ct. Crim. Nos. 0325CR002331 and 0425CR1766-1773 Dear Matthew: It was a pleasure speaking with you last Wednesday. Thank you for assisting us in the prosecution of the above complaints. I would offer the following in the hope that it will be of assistance to you in responding to the Defendant's Motion to Dismiss which is scheduled for hearing on Friday, February 11 (regrettably I will be off-Cape that day and unable to attend the hearing). In general, these complaints arise out of the operation of a stable•by the Defendant for about fourteen (14) horses at 2051 Main Street in Barnstable, which is located just around the corner of Route 132 on Route 6A behind the Community College Campus. In order to operate a stable in that area, one needs (1) a license from the Board of Health (G. L. c. 111, § 155) and (2) a Certificate of Appropriateness from the Old King's Highway Regional Historic District (c. 470 of the Acts of 1973) to erect and maintain outdoor lights and light poles for night riding (or any other purpose). The Defendant has neither but continues to operate both. Violation of Town regulations are a crime under G.L. c. 40 § 21, but they can be "prosecuted" "non-criminally" under § 21 D by giving an offender the opportunity to pay a $100.00 fine for each offense, which was offered to the Defendant but which she declined: having so declined, she reverts to to criminal prosecution under § 21. Violation of OKH regulations is a crime under section 6 of Chapter 470 punishable by a fine of$100.00 per violation. As to the specific contentions in the motion, I would offer the following. 20030213 crimdisc2 a 1. Excessive Fines. While I contest the veracity of the allegation, the short answer for purposes of a Motion to Dismiss would be that the punishment has no bearing on whether the offense was committed or not. 2. Authority to Regulate Composting. See number 3 below regarding composting. In her motion, she mistakenly applies G.L. c. 111 § 125A. That section modifies sections 122 and 125, which taken together allow a board of health to declare an activity a nuisance and if it is not remedied, abate it at the perpetrator's expense. All section 125A accomplishes is to carve out a limited exception for farming activities (stables are considered farming for these purposes) by (a) allowing for a shortened period (10 days) in which the alleged violator can appeal and (b) create an appeal to a District Court. The Barnstable Board of Health never dec:ared her stable a nuisance under sections 122 or 125, they instead revoked her stable license under section 155, which authorizes a board of health to make regulations for the handling of animal waste by stables, which regulations she has violated by not disposing of it as prescribed in the board's regulations. 3. Composting. She contends that as a composting operation, she is exempt from the Board's waste handling regulation. The problem with this assertion is that she was not a licensed composting facility at the time of these offenses, as demonstrated by the materials she has attached to her motion: see her exhibit numbers 2 through 5 to her supporting memorandum and note the dates of the tickets are all 2003; and see her exhibit number 7, she was not certified as a composting facility until 2004. The Board further contends that its authority to regulate waste handling under section 155 is not preempted by any statutes or regulations governing composting, so that even as a composting facility, she must comply with the Board's stable regulations for handling animal waste. There are no statements other than as noted above: there are no victims of the offenses charged. 4. Citations. You may be in a better position to respond to this than I (the same could be said of all the other assertions). I have not seen the citations, but if they contain the letters "OKH" for "Old King's Highway," that should be sufficient. 5. Excessive Fines. See paragraph number 1 above, incorporating the same further contention as to its veracity. 6. OKH exemption. She incorrectly asserts that she is exempt from the OKH Act (c. 470 of the Acts of 1973) because the so-called "agricultural exemption," G.L. c. 40A § 3, applies only to municipal zoning and only exempts the use of land for agriculture, which includes stabling horses. The OKH Act does not allow or prohibit any uses, it only regulates the outside shell of the structures employed in furthering the use(s) undertaken.employed that shelter the use look like See response to number 1 above. 20030213 crinidisc2 S I hope this assists you in responding to the Motion to Dismiss. Please call me if you have any questions or need additional information. Thank you again for your efforts on our behalf. Ve truly yours, 7. ).__ G /tdh T. DAVID HOUGHTON, Assistant Town Attorney Cc: Tom McKean, Director of Public Health Tom Perry, Building Commissioner 20030213 crimdisc2 (4:;;;INE To~cTown of II arnstabl[e , �,, s * .'�.,,,,,i� Office of Community and Economic Development BARNsrn8LE, * 230 South Street,Hyannis,MA 02601 9e6 ," 9.5 (508) 862-4683 Fax(508) 862-4725 "rfo1iAo Kevin J.Shea Director December 20, 2004 Ms. Brenda Tri Mr. Victor Lillis 2051 Main Street West Barnstable, MA 02668 Re: Property at 2051 Main Street, West Barnstable Dear Ms. Tri It has come to my attention that you are interested in re-applying for the town of Barnstable's Accessory Affordable Housing Program for the property at 2051 Main Street, West Barnstable. Please sign and date the enclosed application for site eligibility and return it to me with a check for the $100 fee payable to the Town of Barnstable at your earliest convenience. Your application will then be reviewed for project eligibility by the town. Also enclosed for your convenience is a program brochure so that you will have the opportunity to review the terms of the Accessory Apartment Program. Please feel free to contact me at (508) 862-4683 with any questions. Sincerely, - , f /(/, f 1 Elizabeth Dillen Special Projects Coordinator cc: Lois Barry Linda Edson •.°�t"E' TOWN OF BARNSTABLE dARNSTAdLE. OFFICE OF TOWN ATTORNEY MASS. N 1639. ,� 367 MAIN STREET lE% i HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.#:(508)862-4620 RUTH J.WEIL, 1"Assistant Town Attorney FAX#: (508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney CLAIRE R.GRIFFEN, Paralegal/Legal Assistant December 14, 2004 www.town.barnstable.ma.us CLAUDETTE BOOKBINDER,Legal Clerk BY HAND Nicole A. Manoog, Esq., Assistant District Attorney Office of District Attorney Cape & Islands District 3231 Main Street P.O. Box 455 Barnstable, MA 02630 °1' y. Re: Discovery Response Commonwealth v. Brenda Tri Barn. Dist. Ct. Crim. Nos. 0325CR002331 and 0425CR1766-1773 Dear Nicole: It was a pleasure meeting with you on Friday. I have enclose the following relative to the above Motion for Discovery 1. See copy of letter of Peter F. DiMaeto (no longer building commissioner) dated June 17, 2003, fourth paragraph, statement "Those poles you acknowledged have not been permitted by the Town of Barnstable." There are no other written or recorded statements of the defendant in the Town's possession. 2. There is no physical evidence of the allegations other than the light poles themselves: see enclosed copy of photograph of two of them. 3. There are no statements other than as noted above: there are no victims of the offenses charged. . 4. See response to number 1 above. 5. No promises, rewards, or inducements have been made to any witness by the Town or its officials. 20030213 crimdiscl 6. See response to number 1 above. Witness List It would seem from my examination of our files that there are three potential witnesses as follows. Thomas Perry, Building Commissioner and Jeffrey Lauzon, Building Inspector, both Town of Barnstable, 200 Main Street, Hyannis, Massachusetts, 02601 (see enclosed copy of summary of Mr. Lauzon's testimony dated February 5, 2004). Carl Wirtanen, 2141 Main Street, Route 6A, Barnstable, Massachusetts, 02630, an abutter to the defendant's property, can testify as to the placement of the lights and more recently the use of the lights. I do not have access to their probation records, but as far as I know, they have none. Time, Place and Manner of Offense All of the offenses are for the placement of the three light poles without having first obtained a Certificate of Appropriateness (akin to a building permit) from the Barnstable Historic District Committee. This has been a continuing offense since November 21, 2001. I hope it is of assistance to you in preparing responses to the Defendants' Discovery Requests, but if you need additional information, please contact me. Very truly yours, /tdh T. DAVID HOUGHTON, Assistant Town Attorney Cc: Tom Perry, Building Commissioner 20030213 crimdiscl c f-t 0 • NC 6 L (;r S, Gci tV k __ • fThE r Town of Barnstable •s Regulatory Services g Y * BAgIAB Thomas F.Geiler,Director 7 MAS3. ArfoA` Building Division • Torn Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 5,2004 Jeffrey Lauzon Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 2051 Main St,West Barnstable To Whom It May Concern: The following shall represent an overview of the events and circumstances resulting in the fines assessed to Victor and Brenda Cillis,2051 Main St,West Barnstable. 11-7-2001 Complaint received from concerned neighbor that light poles were being erected 11-21-2001 Letter written advising Victor and Brends Cillis of zoning violations concerning light poles 06-17-2003 Letter written again advising Victor and Brenda Cillis to obtain the proper permit for the light poles or dismantle them immediately 06-27-03 Wiring permit obtained for an unapproved gazebo 07-16-03 Memo written describing a meeting had between Victor and Brenda Cillis and David Mattos and Jason Silva.Memo explains how the Cillis's were civil and agreed to remove the light poles 07-29-03 Letter written giving Victor and Brenda Cillis until August 8,2003 to resolve violations or be subject to daily fines in the amount of$100.00 for each day of non-compliance 9-22-03 Daily inspections of site begin.Light poles are still up 10-17-03 Light poles have remained and additionally a gazebo has been constructed also without approval 11-14-04 Light poles still up as is gazebo(still no permits for either).Daily inspections conducted until this date and fines assessed. 02-05-04 As of today issue is still unresolved.Light poles and gazebo still erected. Sincerely: • Jeffrey L.Lauzon Building Inspector M� w, 21 slay ---) mow. I zk )O3 � P 11/29/04 Town of Barnstable Building Div. T. Perry Building Commissioner Dear Mr. Perry; We are in receipt of your letter concerning cancellation of Accessory Affordable Housing status. We wish to appeal this decision and request venue to appeal. Please notify us of all applicable information we may need (forms, dates etc.) any date after 12/5. Thankyou for your help in this matter. Sincerely NI 4,1 . Cillis B. Tri rx.c