|
i.
<br /> 7
<br /> raised on land of the owner or lessee,the majority of such products for sale based on
<br /> either gross sales dollars or volume,have been produced by the owner or lessee of the
<br /> land on which the facility is located, except that all such activities may be limited to
<br /> parcels of more than five acres in area not zoned for agriculture,horticulture, floriculture,
<br /> or viticulture.
<br /> General Laws Chapter 128, Section 1A, broadly defines agriculture to include the raising
<br /> or keeping of livestock,poultry, and swine. Section lA provides as follows:
<br /> "Farming" or "agriculture" shall include farming in all of its branches and the cultivation
<br /> and tillage of the soil, dairying,the production, cultivation, growing and harvesting of any
<br /> agricultural, aquacultural, floricultural or horticultural commodities,the growing and ,
<br /> harvesting of forest products upon forest land,the raising of livestock including horses,the
<br /> keeping of horses as a commercial enterprise the keeping and raising of poultry, swine, cattle
<br /> and other domesticated animals used for food purposes,bees, fur-bearing animals, and any
<br /> forestry or lumbering operations,performed by a farmer,who is hereby defined as one
<br /> engaged in agriculture or farming as herein defined, or on a farm as an incident to or in
<br /> conjunction with such farming operations, including preparations for market, delivery to
<br /> storage or to market or to carriers for transportation to market.
<br /> (Emphasis added.)
<br /> General Laws Chapter 40A, Section 3,provides that all agricultural uses must be allowed
<br /> as of right on land zoned for agriculture and on land greater than five acres in size; therefore, a
<br /> municipality cannot prohibit or unreasonably regulate agricultural uses in those areas. However,
<br /> a municipality is allowed to restrict agricultural uses on land less than five acres that is not zoned
<br /> for agriculture.
<br /> Section 3 provides zoning protections to farming facilities in which the majority of the
<br /> products for sale, based on either gross sales dollars or volume, have been produced on land
<br /> owned or leased by the owner or lessee of the land on which the facility is located. The sale of
<br /> natural farm products is necessary to farming and structures used for these sales are accessory to
<br /> farming. As long as a farmer meets the majority of sales rule under G.L. c. 40A, § 3, a town may
<br /> not prohibit, unreasonably regulate or require a special permit for structures that the farmer uses
<br /> for such sales on land over five acres in area or on land less than five acres zoned for agriculture.
<br /> Therefore, we remind the town that there may be farm businesses and farm stands that enjoy the
<br /> protections afforded under G.L. c. 40A, § 3, but do not satisfy the requirements of Section C (3)
<br /> of the town's zoning by-laws. Moreover, we remind the town that G.L. c. 128, § IA, defines
<br /> agriculture to include the raising of livestock, poultry, and swine. Therefore, these uses enjoy
<br /> protections accorded under G.L. c. 40A, § 3, and we caution the town to apply Section I (4) in a
<br /> manner consistent with G.L. c. 40A, § 3.
<br /> The amendments adopted under Article 22 also amend the town's zoning map by
<br /> rezoning certain parcels from the "C-2"District to the new"C-3"District, and by changing the
<br /> F:\USERS\RITCHIE\WP61\DOCS\TOWNS\MASHPEE\#2264FA.APP.wpd 2
<br />
|