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THE COMMONWEALTH OF MASSACHUSETTS
<br /> ° OFFICE OF THE ATTORNEY GENERAL
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<br /> WESTERN MASSACHUSETTS DIVISION
<br /> 1350 MAIN STREET
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<br /> SPRINGFIELD, MASSACHUSETTS 01103-1629
<br /> MARTHA COAKLEY (413) 784-1240
<br /> ATTORNEY GENERAL www.ago.state.ma.us
<br /> February 13, 2007
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<br /> Deborah F. Dami, Town Clerk -,, CD 2t
<br /> 16 Great Neck Road North
<br /> Mashpee, MA 02649 V1
<br /> RE: Mashpee Fall Annual Town Meeting of October 16, 2006—Case#4100
<br /> Warrant Article#32 (General)
<br /> Warrant Articles #22, 23, 24, 25, 26, 27, 28, 29, 30, and 31 (Zoning)
<br /> Dear Ms. Dami:
<br /> Articles 22 through 32 - I return with the approval of this Office the amendments to the town
<br /> by-laws adopted under these Articles on the warrant for the Mashpee fall annual town meeting that
<br /> convened on October 16, 2006.
<br /> Article 26 - The amendments adopted under Article 26 allow veterinary establishments,
<br /> kennels, animal day care, or similar establishments by special permit in the town's Industrial zoning
<br /> districts. In approving the amendments adopted under Article 26, we remind the town of the
<br /> protections accorded'to agriculture under state law. General Laws Chapter 40A, Section 3,provides in
<br /> pertinent part as follows:
<br /> No zoning . . . by-law . . . shall . . .prohibit, unreasonably regulate, or require a special permit
<br /> for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture,
<br /> horticulture, floriculture or viticulture,nor prohibit,unreasonably regulate or require a special
<br /> permit for the use, expansion,reconstruction or construction of structures thereon for the
<br /> primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture
<br /> or viticulture, including those facilities for the sale of produce, wine and dairy products,
<br /> provided that either during the months of June, July,August and September of every year or
<br /> during the harvest season of the primary crop raised on land of the owner or lessee,25 per cent
<br /> of such products for sale,based on either gross sales dollars or volume,have been produced by
<br /> the owner or lessee of the land on which the facility is located, or at least 25 per cent of such
<br /> products for sale,based on either gross annual sales or annual volume, have been produced by
<br /> the owner or lessee of the land on which the facility is located, and at least an additional 50 per
<br /> cent of such products for sale,based upon either gross annual sales or annual volume,have
<br /> been produced in Massachusetts on land, other than that on which the facility is located, used
<br /> for the primary purpose of commercial agriculture, aquaculture, silviculture,horticulture,
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