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HomeMy WebLinkAboutROSEN and STAYN Ltr to BOH (7-6-2026)1 July 20, 2026 Yarmouth Board of Health 1146 Route 28 South Yarmouth, MA 02664 Re: Opposition to Stable Permit and Animal Permit Applications – 88 Mill Lane Dear Members of the Board: We respectfully urge the Board to deny the applications for a Stable Permit and Animal Permits for approximately 30 goats and 2 donkeys at 88 Mill Lane. This proposal is not a continuation of the limited animal uses previously approved for this property. It is a substantially larger, commercial goat breeding operation that would support multiple goat- related businesses (e.g., dairy, creamery, goatscaping, farm-share delivery, on-site retail store) on the site, generate far more animal waste than prior permits, and place that activity immediately next to a restored shellfish resource. The application does not demonstrate compliance with the Board’s Stable Regulations or adequately protect public health and nearby waters. The Board should evaluate this application on its own merits under today's regulations and today's environmental conditions—not as an extension of permits or variances issued under different versions of applicable regulations more than three decades ago. The Stable Regulations expressly provide that variance requests are considered on a case-by-case basis. Prior variances therefore do not establish that this materially different proposal should be approved. The permitting history illustrates how dramatically this proposal differs from every prior approval. Every prior approval involved fewer animals and more frequent manure removal. The 1988 permit authorized no more than 10 hoofed animals with manure removed every 48 hours. The 1990 permit involved 17 hoofed animals with daily manure removal and a limited shellfish setback variance. The 2008 permit authorized only 7 hoofed animals with daily off-site manure disposal. In contrast, this application proposes an initial herd of 32 hoofed animals, anticipates 15 more goats per year through commercial breeding, and would generate more than 8 tons of manure each year before accounting for offspring or bedding waste. The Board's own records further show why the prior variance should not control this application. During the 1990 hearing, Board members specifically discussed that Mill Pond had already been closed to shell-fishing for 20 years due to bacterial contamination. Since then, the Town invested substantial public resources and years of work to restore water quality and reopen Mill Pond to shell-fishing in 2012. Notably, this was after the last animals were removed from the property and the then-owners sold it to a buyer who had no animals on the site until Applicants arrived. Even so, the EPA has continued to identify these waters as impaired for fecal coliform bacteria, making protection of this restored shellfish resource and the public’s use of Mill Pond a central consideration for the Board. The application also appears inconsistent with the Stable Regulations, which require stables, corrals, and paddocks to be set back at least 250 feet from the high-water mark of waters associated with shell-fishing. Yet, Applicants’ most recent plan submitted to DEP appears to 2 propose manure storage, stables, and corrals far closer than that (less than <165ft)—and potentially even closer (<100ft) depending upon how other, unspecified fenced areas are used. Even the 1990 variance reduced the setback only to 190 feet. The current proposal therefore seeks to place animals, their waste, and associated pollutants used to maintain their stables much closer to an active shellfish resource than the Board has ever approved. The Mass. Division of Marine Fisheries likewise directed during the Conservation Commission review that there be “no runoff or animal waste or associated nutrients into nearby wetlands or waterways.” Applicants identify no enforceable measures showing how that standard will be met. The manure management plan is equally deficient. Despite the enormous volume of manure and bedding waste this operation will generate, Applicants provide no detailed, property-specific manure management plan or site-specific analysis showing how these materials and associated pollutants, including fecal coliform bacteria and nitrogen, will be prevented from reaching adjacent wetlands and Mill Pond. Instead, Applicants offer only general assurances regarding vegetative buffers and manure collection. Earlier permits required daily or every-48-hour manure removal despite involving far fewer animals. This application instead proposes only an anticipated three-day pickup schedule and does not explain how manure would be managed between pickups during heavy rain, flooding, or other weather events. In addition, Applicants’ proposed manure shed is open on one side rather than watertight as the Stable Regulations require, would be located on a high point that steeply slopes down to wetlands and Mill Pond, and would be adjacent to a FEMA- designated flooding and high wind area. That leaves little margin for error during heavy rain, flooding, or high-wind events, and runs contrary to Massachusetts agricultural guidance, which cautions against locating manure storage on sloping land or spreading manure near water resources or on flood-prone land. Further, Applicants have not explained how manure from the anticipated offspring or the bedding waste will be managed during winter or early spring, when Massachusetts guidance discourages land application of manure. The application likewise does not explain how rodents, flies, and mosquitoes attracted by manure, feed, and bedding would be controlled, or whether pesticides, rodenticides, lime, or similar materials would be used without creating additional risks to nearby wetlands and public recreation areas. These issues are not merely theoretical. Last July, Massachusetts confirmed a case of West Nile virus in a goat, reinforcing that livestock health and vector management are legitimate public-health considerations where livestock are kept near homes and public recreation areas. The site's documented hydrology heightens these concerns. Engineering documents identified runoff pathways toward Mill Pond and hydrologic connections through wetlands, catch basins, and culverts. During the Conservation Commission proceedings, Applicants' engineer acknowledged that stormwater can reach Mill Pond during significant storm events, and the Commission's Order requires restoration of the culvert to maintain that flow. These documented drainage pathways make this proposal directly relevant to the Town’s Stormwater Management Regulations, which prohibit discharges of pollutants, including animal waste, nutrients, and associated contaminants, to wetlands, drainage systems, and waterways. Nothing in the application indicates how this volume of manure, together with urine, bedding waste, and 3 associated nutrients, will be prevented from reaching these connected water resources during ordinary operations or storm events. Rather than being asked to restart a use that ended more than 15 years ago, the Board is being asked to approve a substantially larger commercial animal operation under today's regulations and conditions. The Board’s responsibility is not to determine whether this use might succeed if everything goes perfectly. It is to determine whether Applicants have demonstrated compliance with the Board’s regulations and protection of public health and nearby waters. That burden has not been met. Approving these permits would shift the risks of an inadequately supported commercial animal operation onto neighboring residents, public recreation areas, and Mill Pond’s restored shellfish resources. We respectfully request that the Board deny the requested permits. Thank you for your careful consideration. Very truly yours, Rachel Rosen, MD and Joshua Stayn