Court Rules For Danvers In Hobart Street Goat Dispute

DANVERS, MA — The Massachusetts Land Court turned down a Danvers couple's appeal of a town decision ordering them to remove a pair of goats from their Hobart Street property. In a ruling issued Thursday, the landcourt denied a motion for summary judgement by Timothy Raesly and Brittany Dupont-Raesly and ruled in favor of the town of Danvers's motion for summary judgement.

The Danvers Zoning Board of Appeals upheld a building inspector's decision that the goats violated Danvers zoning laws against animal husbandry on residential properties. The Raeslys appealed the decision to the land court last October.

"(T)he court finds that, while it may not have made the same decision as the Building Inspector and the ZBA, their interpretation of the bylaw is not unreasonable and requires the court's deference," the land court wrote in its ruling. "Judgment shall enter affirming the decision of the ZBA and declaring that the application of the bylaw provisions on animal husbandry to the Raeslys' goats was not unreasonable."

The original complaint to the building inspector was filed by Lance Arlander of Pine Street. Despite a petition signed by more than 1,200 Danvers residents, the ZBA ruled last September the Raeslys were violating local laws by keeping Dean and Delucca, their two neutered goats, on their property.

Dupont-Raesly argued the goats were family pets not used for milk or breeding. Arlander claimed the animals attracted rats and snakes to the neighborhood and said he and his wife were concerned for the health and safety of their grandchildren.

The ZBA made it decision partly based on the reasoning that allowing the goats would create exemptions for people to keep other types of farm animals in residential areas.