[HISTORY: Adopted by the Board of Health
of the Town of Southborough 1-1-1973. Amendments noted where applicable.]
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.
No person shall maintain a horse or horses anywhere
in the Town of Southborough except in a stable for which a license
has been issued by the Board of Health.
No stable or manure storage area shall be constructed
closer than 150 feet to any dwelling not occupied by the owner or
operator of the stable, closer than 100 feet to any well used as a
source of drinking water or closer than 25 feet to a water line, sewage
system, standing water or watercourse.
All stables for which a license is issued by
the Board of Health shall meet the following minimum standards:
A.
All stables must be operated in such a way that they
do not become a nuisance to abutters or the public.
B.
All stalls and floors shall be kept clean and dry,
be free from accumulated manure, have ample bedding and be treated
to control odor and prevent the attraction and breeding of flies.
C.
Manure shall not be allowed to accumulate for more
than two weeks between May 1 and November 1, and in no case shall
the total quantity exceed two cords without a variance from the Board
of Health.
D.
Manure shall be handled and treated as necessary to
prevent the escape of odors and the attraction and breeding of flies.
E.
All stables must be adequately ventilated and drained.
F.
Grain must be kept in rodentproof containers.
G.
No more animals than the number specified in the license
shall be kept in the stable.
H.
All animals maintained under the terms of this license
must be kept under control at all times.
I.
No person shall remove or carry any manure through
any public way, except in a covered container or vehicle and in such
a manner that no manure shall be dropped on the street.
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.
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:
(1)
The general contour and drainage of the plot.
(2)
The location of all sewage disposal systems, wells,
brooks, swamps and the structures located on the plot or within 200
feet of the proposed stable.
(3)
The areas to be used for storage and handling of manure.
(4)
The location of roads, easements (such as water, drainage
and conservation easements) and lot lines.
B.
The number and type of animal to be kept in the proposed
stable.
C.
A plan for storing and removing manure.
D.
A floor plan of the proposed stable, showing dimensions
and location of stalls and facilities for storage and handling of
feed materials.
License for stables in the Town of Southborough shall expire two 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 § 226-5.
The Board of Health may grant a variance from
any provisions of this chapter. When a variance is granted, the conditions
of it and the specific bases for it must be listed on the stable license.
Any change in these bases may result in revocation of the permit.
Any stable operating satisfactorily prior to the effective date of this chapter is hereby granted a variance from the requirements of § 226-3.
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.
Punishment for violation of any section of this chapter shall be as prescribed in Chapter 3, Section 157, of the General Laws of the Commonwealth of Massachusetts,[1] and any amendments or additions thereto or any other applicable
statute.
[1]
Editor's Note: See MGL c. 111, § 157.
So far as this Board of Health may provide,
each section and subsection of this chapter 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 this chapter shall continue in full force and effect.
All previous rules and regulations relating
to stables in the Town of Southborough are hereby repealed.
This chapter was adopted by a vote of the Board
of Health, Town of Southborough, Massachusetts, at its regularly scheduled
meeting on December 12, 1972, and is 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.
A fee of $2 will be charged for each license
issued.
