Framingham horse facility lawsuit

Lawsuit Unveils Environmental Battle Over Framingham Horse Facility

Framingham horse facility lawsuit sparks controversy over wetland conservation.

Unearthing the Environmental Debate: Framingham Horse Facility Lawsuit

Subtitle: A Closer Look at the Legal Battle Over Conservation Laws and Wetlands

By Ava Roberts, NewsBurrow Press Team

In a quiet corner of Framingham, Massachusetts, a legal storm is brewing. The picturesque town, known for its serene landscapes, has become the center of attention due to a lawsuit filed by the state Attorney General’s Office against an equestrian dressage training and boarding facility, known as Iron Horse Dressage. But this isn’t just any lawsuit; it’s a battle that has ignited a fierce debate over the protection of wetlands, conservation laws, and the boundaries of environmental stewardship.

The state’s case, filed on September 15th, alleges that Iron Horse Dressage, its manager, Wendy McKelvy, and its contractor, Fields & Footings, LLC, violated state conservation laws during the construction of a sprawling 19,800-square-foot outdoor training arena structure and horse paddocks in the previous year. According to the complaint, they “illegally constructed a large outdoor training arena on top of two streams and more than half an acre of protected wetlands” in Framingham.

The charges are substantial. Iron Horse Dressage and its associates face two counts of violating state conservation laws, including violations of the Wetlands Protection Act and the Clean Water Act. The consequences are equally significant: “appropriate civil penalties” and a court order mandating the removal of the arena and the restoration of the damaged wetland resources.

Attorney General Andrea Campbell minced no words in her statement, declaring, “We allege that these defendants knowingly destroyed sensitive wetlands. My office will not tolerate this intentional misuse of our precious natural resources and will continue to take action to protect these vital community and environmental spaces.”

However, Richard “Chip” Nylen, the defendants’ attorney from Lynch, DeSimone & Nylen, LLP, disagrees vehemently. He argues that Iron Horse Dressage did not engage in clear-cutting trees to construct the arena, nor did they cause any flooding or harm to wildlife and water quality. In his statement, Nylen emphasizes that they even took measures to channel a portion of the stream through a pipe for improved water conveyance and drainage.

This legal clash revolves around an approximately 80-acre site on Nixon Road, subject to a 2007 conservation restriction granted to the Sudbury Valley Trustees. The restriction prohibits specific activities, including construction in designated areas and the destruction of vegetation unless permitted by the Trustees.

One key aspect of this case is the buffer zone, an area within 100 feet of bordering vegetated wetlands and the bank, where any proposed work must be reported to the local conservation commission and the Department of Environmental Protection.

Iron Horse Equestrian acquired the property in August 2018, envisioning a place where they could marry equestrian activities with environmental preservation. The facility, designed by Wendy McKelvy and her husband, both architects, was intended to promote the art of dressage riding and horse training while respecting the conservation ethos.

However, it was during the construction phase, between 2018 and 2019, that things started to go awry. The Framingham Conservation Commission initially ordered Iron Horse to halt construction in 2019. Afterward, following the submission of a notice of intent and some conditions, the commission authorized construction, albeit with certain stipulations.

The crux of the state’s argument is that, despite these orders and conditions, Iron Horse went ahead with the construction of a large outdoor training arena structure in the wetlands resource areas, along with other structures. The state contends that they installed culverts to divert streams and filled the area beneath and within the arena structure with an engineered substructure topped with artificial equestrian footing. Additionally, the AG’s Office alleges that horse paddocks were installed, and vegetation and trees were removed, causing damage to wetland plant species and wildlife habitats.

The Framingham Conservation Commission issued an enforcement order in June 2022, citing that the arena’s construction work had proceeded without a valid order, in violation of state law. This order effectively acted as a cease-and-desist order, requiring the implementation of erosion control measures.

Dominic Portelli, Framingham’s assistant conservation administrator, refrained from commenting on pending litigation. However, the situation escalated further in June 2022 when Iron Horse began using the arena structure for dressage training, altering a significant portion of protected wetland areas.

While Nylen maintains that the facility’s purchase was intended to honor the existing Christmas tree farm and construct horse-related amenities, he also highlights that a substantial portion of the land—76 out of 80 acres—is dedicated to open space, wetlands conservation, and public trails. He argues that the proposed outdoor riding arena design will enhance agricultural use without harming the wetland functions of the property.

This lawsuit isn’t Iron Horse Dressage’s first legal tussle. The Sudbury Valley Trustees filed a lawsuit against the facility last fall, alleging that the construction of the large engineered outdoor arena violated the conservation restriction. The Trustees claimed that it disregarded the purpose of the restriction by damaging natural resources, including state and locally regulated wetlands specifically identified in the conservation restriction.

In response, Iron Horse vehemently denied these allegations. Attorneys representing the Trustees have signaled their readiness to proceed with a summary judgment, with a deadline of November 30th to file their motion.

Lindsey Ketchell, executive director of the Trustees, expressed disappointment in having to resort to legal action but emphasized the organization’s commitment to protecting ecological features. She noted, “We fully support the AG’s Office as it takes this step to protect the important natural resources of the commonwealth.”

Laura Mattei, the Trustees’ director of conservation, echoed these sentiments, stating that they were “heartened that the state is taking this seriously.”

Nylen emphasized that Iron Horse Dressage offered to create additional wetlands near a pond to increase wetland acreage and enhance wildlife habitat. He also asserted that the outdoor riding arena qualifies as an allowed agricultural use under the law.

Iron Horse Dressage, which opened in June 2020 after a year and a half of construction, offers 30 stalls for private clients to board their horses. The facility boasts an indoor riding ring, outdoor riding space, and training and care services provided by Westmanton Stables, LLC, which relocated from Colorado to Massachusetts to collaborate with Iron Horse.

As this legal saga unfolds, the broader question remains: Where should the line be drawn between environmental conservation and development? Can these two seemingly conflicting goals coexist harmoniously, or will legal battles like this one become increasingly common as we grapple with the challenges of preserving our natural resources while meeting the demands of a growing population?

Join the conversation and share your thoughts on this contentious lawsuit. How can we strike a balance between conservation and development? Comment below and let your voice be heard.

Lawsuit Unveils Environmental Battle Over Framingham Horse Facility

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