10/15/2007 Annual Town Meeting - Laserfiche WebLink

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.E a THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL WESTERN MASSACHUSETTS DIVISION 1350 MAIN STREET SPRINGFIELD, MASSACHUSETTS 0 1103-1629 MARTHA COAKLEY ATTORNEY GENERAL (413) 784-1240 www.ago.state.ma.us January 28, 2008 'i Deborah F. Dami, Town Clerk o 16 Great Neck Road North �' CD , Mashpee, MA 02649 ©z RE: Mashpee Annual Town Meeting of October 15, 2007—Case #4506 r Warrant Articles # 17, 18, 19, 20, and 22 (Zoning) 3 ' ate Warrant Article# 21 (Historical District) 'X 0% Dear Ms. Dami: Articles 17, 18, 19, 20, and 21 - I return with the approval of this Office the amendments to the town by-laws adopted under these Articles on the warrant for the Mashpee annual town meeting that convened on October 15, 2007, and the map pertaining to Article 21. Article 18 - The amendments adopted under Article 18 make a number of changes to the town's zoning by-laws pertaining to kennels. One change add to the town's Table of Uses a new C subsection 174-25.A (16), allowing personal kennels by right subject to the plan review process described in Subsection 174-24.13 of the zoning by-laws. Another change amends the definition of personal kennel to include one pack or collection of 5 to 9 dogs ages 3 months old. In approving the amendments adopted under Article 18, we remind the town of the protections accorded to agriculture under state law. General Laws Chapter 40A, Section 3, states in part that no zoning by-law shall: " . . prohibit, unreasonably regulate, or require a special permit for the use of r land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture,nor prohibit, unreasonably regulate or require a special permit for the use, expansion,reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products,provided that either during the months of June, July,August and September of each year or during the harvest f` L season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume,have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale,based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for