Sunday, October 23, 2022

 A strange coincidence? MA general law chapter 40A, section 3 states in part: No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of 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 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.

Article 5, rooster bylaw states in part; This subsection shall not apply to property that is used for the primary purpose of commercial agriculture and contains five or more acres or contains two and five acres where the sale of products . . . This article sure sounds like a zoning ordinance, and zoning is not under the duty of the board of health or agricultural commission or the board of selectmen, MGL chapter 40A, section 5, states: No zoning ordinance or by-law or amendment thereto shall be adopted until after the planning board in a city or town, and the city council or a committee designated or appointed for the purpose by said council has each held a public hearing thereon, together or separately, at which interested persons shall be given an opportunity to be heard. Said public hearing shall be held within sixty-five days after the proposed zoning ordinance or by-law is submitted to the planning board by the city council or selectmen or if there is none, within sixty-five days after the proposed zoning ordinance or by-law is submitted to the city council or selectmen. Notice of the time and place of such public hearing.
If anyone checks Templeton zoning bylaws, there are sections of town where you need one acre to build and other areas you need 2 acres to build a home. Setting minimum acreage to have roosters is in my opinion, a zoning attempt and since procedure was not followed, vote no.

1 comment:

  1. I'll agree that the "process" was kinda overstepped...............What was the Agricultural Commissions response? Isn't this directly in their wheelhouse?

    Question from the info........Since Farming is described as the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture do we verify that the people putting Farm signs up are truly agricultural in nature.............I can think of one I dont see applying to these standards.......inho

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