TOWN OF SOUTHAMPTON, by and through its ZONING ENFORCEMENT OFFICER v. JOHN J. YOUMELL, JR., and SEAN YOUMELL.
FOSTER, J.
The Town of Southampton, by and through its Zoning Enforcement Officer (Town), filed its Verified Complaint on December 2, 2013, naming as defendants Sean Youmell and John J. Youmell, Jr. The Town filed its First Amended Verified Complaint on December 16, 2013. The Defendants Answer and Affirmative Defenses were filed on January 8, 2014. The First Amended Verified Complaint seeks a judgment ordering the defendants to remove certain openly-stored equipment and vehicles from the properties at 57 Fomer Road, Southampton, Massachusetts (the 57 Fomer Property) and 67 Fomer Road, Southampton, Massachusetts (the 67 Fomer Property).
This case came on for trial by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the defendant Sean Youmell uses the 57 Fomer Property for the permitted use under the Town of Southampton Zoning By-Laws (Zoning By-Laws) of noncommercial forestry. It is further
ORDERED, ADJUDGED and DECLARED that the storage of the following equipment, materials, and vehicles on the 57 Fomer Property is a permitted accessory use to the principal use of noncommercial forestry, provided that all of the following cannot be stored outdoors except for one of the following unregistered vehicles: Case bulldozer, Case forklift, cord wood saw, chainsaw, log splitter, unregistered 1988 Dodge pick-up truck, unregistered International dump truck, and unregistered U-Haul truck. It is further
ORDERED, ADJUDGED and DECLARED that the outdoor storage of any other equipment, materials, or vehicles on the 57 Fomer Property is not permitted under the Zoning By-Laws, including but not limited to:
a. Ariens 27-ton log splitter
b. Swenson sander for Ford F-350
c. Prentice log boom
d. Ford 6 wheel dump truck
e. 1970 Ford 6 wheel box truck
f. 1979 Gradall G-660
g. Gradall G-1000
h. 1970 International log picker
i. 1951 Ford F-350
j. Log picker flatbed body
k. Storage trailer
l. Storage box 20x 8 (3)
m. Misc. steel aluminum
n. Picnic tables (6-8)
o. 1939 Chrysler
p. Motors (3) in their crates for the Army truck
q. 500 gallon fuel tank, empty
r. 1 ton dump body
s. Planer/Edger in Planing Shed
t. Saw and milling equipment in Mill Building
u. Misc. materials stored inside trailers and trucks
v. Misc. materials stored inside storage boxes
w. Stainless steel sander for 6 wheel dump truck
x. Stone box
y. 1968 Ford F-600 dump truck
z. Flatbed for 1968 Ford F-600
aa. Mack MB 400
bb. Army truck 10 wheel
cc. 1980 Gradall G-660
dd. Gradall G-660
ee. 1995 Mack tractor
ff. 1984 Talbert low-bed
gg. 1971 Hill dump trailer
hh. 1978 Grove crane RT65S
ii. Semi trailers (7)
It is further
ORDERED and ADJUDGED that defendants John J. Youmell and Sean Youmell, jointly and severally, are hereby ordered to remove from the 57 Fomer Property, no later than 120 days from the date of this judgment, all equipment, materials, and vehicles stored outside on the 57 Fomer Property, including but not limited to the equipment, materials, and vehicles set forth above, except for the equipment, materials, and vehicles stored inside as accessory to the noncommercial forestry use and one unregistered vehicle stored outside as accessory to the noncommercial forestry use. It is further
ORDERED and ADJUDGED that after 120 days from the date of this judgment, defendants John J. Youmell and Sean Youmell, jointly and severally, are hereby permanently enjoined from storing any equipment, materials, and vehicles outside on the 57 Fomer Property, except as set forth above. It is further
ORDERED AND ADJUDGED that the Towns claims with respect to the 67 Fomer Property are DISMISSED without prejudice.
By the Court.