The Board of Health for the Town of Boxford, Massachusetts,
acting under the provisions of MGL c. 111, §§ 31, 122,
and 155, and any other statutory authority, as amended, has, in the
interest of and for the protection of public health and animal health
and in the interest of protecting the quality of surface and ground
waters as such impacts public health, established and adopted the
following rules and regulations.
As used in this regulation, the following terms shall have the
meanings indicated:
ABUTTER
The owner of any property sharing a common lot line with
or located across a common street from the subject property.
BARN
Any building, shelter, stable, sty, or other similar structure
used for the protection and keeping of livestock.
BOARD
The Boxford Board of Health.
COMPOSTING
The natural degradation of manure and other organic material
in an actively managed, aerobic process generating heat. Simple stockpiling
of manure is not composting.
FACILITY
The portion of a property, including all structures thereon,
used for containing and keeping livestock as well as for the storage
or handling of manure and manure-containing products, and including
but not limited to barns, shelters, sheds, ancillary buildings, paddocks,
corrals, and fenced areas.
[Amended 2-10-2010]
LIVESTOCK
Equine and bovine animals, and swine.
PADDOCK
Any and all enclosed or fenced nonturf areas for containing
or displaying livestock.
PASTURE
A fenced, turf-covered area for the containing and/or grazing
of livestock.
PRIVATE WELL
Any well or source of potable water as defined by Board of Health Regulation Chapter
202, Private Water Supply Regulations.
PUBLIC WELL
Any system for the provision to the public of piped water
for human consumption, if such system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days of the year (Ref: 310 CMR 22.00).
STABLE
A shelter for livestock. See also "barn."
STABLE PERMIT
A license for a facility to keep livestock issued by the
Board of Health under the terms of this regulation.
TOWN
The Town of Boxford, Massachusetts.
WETLAND RESOURCE AREA
Any land area or surface area so defined by the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, and the regulations
promulgated pursuant thereto at 310 CMR 10.00, and the Town of Boxford
Wetlands Protection Bylaw and regulations promulgated pursuant thereto, excluding riverfront area.
The stable permit fee as approved by Town Meeting action shall
apply.
Every facility owner shall, as a condition of the stable permit:
A. Maintain all facilities in a sanitary condition and in compliance with MGL Chapter
129, Livestock Disease Control;
[Amended 2-10-2010]
B. Have equipment available for any necessary storage or disposal of
waste material to control vermin or insects;
C. Provide adequate shelter necessary for the comfort of any livestock
on the premises, based on common and accepted standards in the agricultural
community;
D. Take all reasonable precautions to prevent the spread of infectious
or contagious diseases;
E. Provide that stalls shall be cleaned regularly and shall be of an
adequate size for the comfort of the livestock contained therein,
based on common and accepted standards in the agricultural community.
Commercial farms shall be held to the standard of MGL c. 111
§ 125A, such that nuisance such as odor or noise from normal
farming activity is allowed, but generation of odor or noise that
exceeds generally accepted farming procedure shall be considered a
nuisance to be abated.
The Board of Health may grant a variance from any section of
this regulation if the Board determines that it is in the public interest
to do so, and so long as the grant of any variance under this regulation
does not result in detriment to the public health or deter from the
purpose and intent of this regulation or MGL c. 111, § 155.
Every request for a variance from this regulation shall be made, in
writing, to the Board of Health and shall state the specific variance
sought including the specific section(s) of this regulation which
cannot be fully met and reasons for the requested relief. In response
to a written request for a variance, the Board will notify the applicant
of a date for a hearing to consider the variance within 45 days of
receiving said request. The person requesting the variance shall also
be responsible for notifying all abutters of the variance request
as well as the time and place of the hearing to consider the variance.
The Board of Health shall make a determination on the variance request
within 30 days following the variance hearing.
Any person aggrieved by the decision of the Board pursuant to
this regulation may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this commonwealth.
Whoever violates any provision of this regulation shall be punished
by a fine of $5 each day such violation continues as provided by MGL
c. 111, § 157.
Each part of this regulation shall be construed as separate
to the end that if any part of the regulation or sentence, clause
or phrase thereof shall be held invalid for any reason, the remainder
of the regulation shall continue in full force.
This regulation shall be effective on April 23, 2009.