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THE COMMONWEALTH OF MASSACHUSETTS
<br /> " = OFFICE OF THE ATTORNEY GENERAL
<br /> A f $
<br /> ty WESTERN MASSACHUSETTS DIVISION
<br /> 1350 MAIN STREET
<br /> SPRINGFIELD, MASSACHUSETTS 01103-1629
<br /> TOM REILLY (413) 784-1240
<br /> ATTORNEY GENERAL www.ago.State.ma.us
<br /> November 27, 2002
<br /> Deborah F. Dami, Town Clerk 3
<br /> 16 Great Neck Road s... t
<br /> Mashpee, MA 02649 `F�
<br /> RE: Mashpee Fall Annual Town Meeting of October 7,2002—Case#2264
<br /> Warrant Articles # 14, 15, 16, 17, and 22 (Zoning)
<br /> Dear Ms. Dami:
<br /> Articles 14, 15, 16, 17, and 22 - I return with the approval of this Office the ,Of, ,.
<br /> amendments to the town by-laws adopted under these Articles on the warrant for the Mashpee '
<br /> town meeting that convened on October 7, 2002.
<br /> Article 22 - The amendments adopted under Article 22 make a number of changes to the
<br /> town's zoning by-laws which result in the creation of a new"C-3 Limited Commercial Zone
<br /> District." In the C-3 District uses are allowed as of right, by site plan review, and by special
<br /> permit. As amended, Section C (3) of the Town's Table of Use Regulations, which pertains to
<br /> agricultural uses, allows as of right in the C-3 District a"roadside stand per farm for the sale of
<br /> agricultural, floricultural, viticultural, or horticultural products, the major portion of which are
<br /> grown or produced on the premises." Section I (4) of the Table allows as of right in the C-3
<br /> District the "raising or keeping of animals, livestock, or poultry, but not swine, as pets or for use
<br /> by residents of the premises, provided that no building or enclosure for any animal may be less
<br /> than forty (40) feet from side or rear lot line nor nearer than fifty (50) feet to any front lot line."
<br /> In approving this text, we remind the town of the protections accorded to agriculture under
<br /> G.L. c. 40A, § 3. Section 3 provides in pertinent part:
<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 agriculture,horticulture, floriculture, or
<br /> viticulture; nor prohibit, or unreasonably regulate, or require a special permit for the use,
<br /> expansion, or reconstruction of existing structures thereon for the primary purpose of
<br /> agriculture, horticulture, floriculture, or viticulture, including those facilities for the sale
<br /> of produce, and wine and dairy products, provided that during the months of June, July,
<br /> August, and September of every year or during the harvest season of the primary crop
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