Building, Health Inspectors trapped in Maple Street yard
Published on July 21st, 1999
STONEHAM, MA - Trespassing, imprisonment, illegal chickens running wild and town officials scaling walls...
Building Inspector Eugene Argiro and Health Inspector Lou-Ann Clement were locked in the fenced-in-yard behind Anthony Saia's 85 Maple Street warehouse Thursday afternoon.
Argiro and Clement were conducting a health and building inspection when an employee of Saia identified as Bill Young locked the gate to the yard.
"They were trespassing," said Stephen Columbus, Saia's attorney. "There was a clear, conspicuous no trespassing sign."
Saia owns Tony's Imported Ceramic Tiles retail store on 607 Main Street, and his warehouse is at 85 Maple Street. In 1997, after several sessions before town boards and two Town Meetings, Saia reached an agreement with the town and abutters about the use of his Maple Street property.
An abutter who wished to remain anonymous said the area was supposed to stay wooded. The resident was upset that trees had been cut down to make room for animals, which had not been mentioned in previous discussions.
Faith Jenkins, Secretary to the Planning Board and Board of Appeals, said the special permit Saia received to expand his warehouse property did not allow for buildings or animals.
"We received a complaint from neighbors about animals on the property and chicken coops being built," Argiro said. "We explained to carpenters who we were and began to look around and take pictures."
According to Argiro one 10 foot by 16 foot chicken coop had been built and a 12 square foot coop was under construction. He also saw chickens, pigeons, and rabbits in the coups and wandering around the fenced in area, which is approximately one acre.
The coops, Argiro said, are a violation of the building code, and the animals are a violation of the health code.
"You have to get a permit to build and to have the animals, and he (Saia) had no permits," Argiro said. "Plus the property is commercial and not zoned for animals."
"I don't know about any animals, but this was an illegal administrative search," Columbus said.
Columbus said the town officials should have gained consent from Saia before entering his property.
Quoting Justice Brennan, Columbus said, "...the protection of the dignity of every human being...is something the local government cannot deny."
However, Columbus said he couldn't comment about whether Mr. Saia had told Young to lock the gate.
"He (Young) was on a cell phone with someone when he locked us in," Argiro said. "Tony's son came down and then Tony."
Argiro used a carpenter's ladder to scale the fence. He had to call police from his cell phone, which he had left in his car, to convince Saia to release Clement.
"They (the Saias) wanted her to give them her camera and film before they let her out, but she wouldn't," Argiro said.
Clement was released, and so far no charges have been filed by anyone.
"We're talking about what we should do," Argiro said. A meeting of town officials was held at 4 p.m. Monday at Town Hall.
"We're talking, too," Columbus said. "At this point I have no idea what a resolution will look like."
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