Mitchell Steege & Another v. Board

This is an appeal from a ruling of the Land Court that the operation of a boarding stable for horses and a riding academy is an agricultural use protected by G. L. c. 40A, § 3. 3 The 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 Stow's zoning by-law. See G. L. c. 40A, § 3. After a hearing the board denied the Steeges' application for a special permit.