The
Board of Health, Town of Southborough, Massachusetts, acting under
the authority of Chapter 111, Section 31 and 155 of the General
Laws, and any amendments or additions thereto and by any other power
thereto enabling, have in the interest of and for the preservation
of the public health duly made and adopted the following regulations
for the establishment, maintenance and operation of stables within
the Town.
Section
I. Stable Building No person shall erect, occupy or use for a stable
any building or portion thereof or any other facility in the Town
of Southborough until a license authorizing such use is granted
by the Board of Health.
Section
II. Horses No person shall maintain a horse (or horses) anywhere
in the Town of Southborough except in a stable for which a licensed
has been issued by the Board of Health.
Section
III. Separation Requirement No Stable or manure storage area shall
be constructed: closer than one hundred and fifty (150) feet to
any dwelling not occupied by the owner or operator of the stable;
closer than one hundred feet (100) to any well used as a source
of drinking water; closer than twenty five (25) feet to a water
line, sewage system standing water or water course.
Section
IV Standards All stables for which a license is issued by the Board
of Health shall meet the following minimum standards:
All stables must be operated in such a way that they do not become
a nuisance to abutters or the public.
All stalls and floors shall be kept clean and dry, free from accumulated
manure, have ample bedding and be treated to control odor and prevent
the attraction and breeding of flies.
Manure shall not be allowed to accumulate for more than two (2)
weeks between May 1 and November 1 and in no case shall the total
quantity exceed two (2) cords without a variance from the Board
of Health. All manure must be kept on an asphalt or concrete/ impervious
pad and under a roof or lean to prevent rain and snow from wetting
the manure. All run off from the manure must be prevented.
Manure shall be handled and treated as necessary to prevent the
escape of odors and the attraction and breeding of flies.
All stables must be adequately ventilated and drained.
Grain must be kept in rodent proof containers.
No more animals than the number specified in the licenses shall
be kept in the stable.
All animals maintained under the terms of this license must be kept
under control at all times.
No person shall remove or carry any manure through any public way
except in a covered container or vehicle and in such manner, that
no manure shall be dropped on the street.
Section
V. Application Application for a stable license shall be in writing
and upon a form provided by the Board of Health. Each application
shall include the following:
A plot plan drawn roughly to scale showing the lot or parcel where
the building to be used as a stable is to be located. Said plot
plan shall show the following:
The general contour and drainage or the plot.
The location of all sewage disposal systems, wells, brooks, swamps
and the structures located on the plot or within two hundred (200)
feet of the proposed stable.
The areas to be used for storage and handling of manure.
The location of roads, easements, (such as water, drainage and conservation
easements) and lot lines.
The number and type of animal to be kept in the proposed stable.
A plan for storing and removing manure.
A floor plan of the proposed stable showing dimensions and location
of stalls and facilities for storage and handling of feed materials.
Section
VI. Renewal Licenses for stables in the Town of Southborough shall
expire two (2) years from the date of issue or upon transfer of
the property. Application for renewal must be made on a form provided
by the Board of Health. Said renewal application shall show any
changes in the items requested in Section V.
Section
VII. Variance The Board of Health may grant a variance from any
provisions of these rules and regulations. When a variance is granted,
the conditions of it and the specific bases for it must be listed
on the stable license. Any change is these bases may result in revocation
bases may result in revocation of the permit.
Section
VIII. Prior Use Any stable operating satisfactorily prior to the
effective date of these regulations in hereby granted a variance
from the requirements of Section III.
Section
XI. Transfer of Property Variances under sections VII and VIII will
continue upon the transfer of property provided that the bases for
the granting of the license are unchanged and provided that the
licenses is un-expired and an application is made to renew the license
within six (6) months of the property transfer.
Section
X. Revocation Any stable license may be revoked at any time when
the Board of Health finds such revocation necessary to protect the
public health. If a holder of a stable license violates any of the
rules or regulations set forth herein, the stable license shall
be subject to immediate revocation.
Section
XI. Penalties Punishment for violation of any of these rules and
regulations shall be as prescribed in Chapter III Section 157 of
the General Laws of the Commonwealth of Massachusetts, and any amendments
or additions thereto or any other applicable statute.
Section
XII. Unconstitutionality Clause So far as this Board of Health may
provide, each section and subsection of these rules and regulations
shall be construed as separate to the end that if any section, subsection,
item, sentence, clause or phrase shall be held invalid for any reason
the remainder of these rules and regulations shall continue in full
force and effect.
Section
XIII. Repeal All previous rules and regulations relating to stables
in the Town of Southborough are hereby repealed.
Section
XIV. Adoption These rules and regulation were adopted by a vote
of the Board of Health, Town of Southborough, Massachusetts at its
regularly scheduled meeting on December 12, 1972 and are to be in
full force and effect on and after January 1, 1973 and shall before
said effective date be published in a newspaper circulated in the
Town and a copy thereof shall be deposited in the office of the
Town Clerk.
Section
XV. Fees A fee of Twenty-Five Dollars ($25.00) will be charged for
each license issued.