The purpose and Intent of this bylaw is to state with emphasis
the right to farm accorded to all citizens of the commonwealth under
Article 97, of the Constitution, and all state statutes and regulations
thereunder, including but not limited to MGL c. 40A, § 3,
Para. 1; MGL c. 90, § 9; MGL c. 111, § 125A, and
MGL c. 128, § 1A. We, the citizens of Lunenburg, restate
and republish these rights pursuant to the Town's authority conferred
by Article 89 of the Articles of Amendment of the Massachusetts Constitution
("Home Rule Amendment"). This general bylaw encourages the pursuit
of agriculture, promotes agriculture-based economic opportunities,
and protects farmlands within the Town of Lunenburg by allowing agricultural
uses and related activities to function with minimal conflict with
abutters and local agencies. This bylaw shall apply to all jurisdictional
areas within the Town.
As used in this bylaw, the following terms shall have the meanings
indicated:
FARM
Includes any parcel or contiguous parcel of land, or water
bodies used for the primary purpose of agriculture, or accessory thereto.
FARMING
Shall encompass activities including, but not limited to,
the following:
A.
Operation and transportation of slow-moving farm equipment over
roads within the Town;
B.
Control of pests, including, but not limited to, insects, weeds,
predators and disease organisms of plants and animals;
C.
Application of manure, fertilizers and pesticides;
D.
Conducting agricultural related educational and farm-based recreational
activities, including agritourism, provided that the activities are
related to marketing the agricultural output or services of the farm;
E.
Processing and packaging of the agricultural output of the farm
and the operations of a farmer's market or farm stand, including signage
thereto;
F.
Maintenance, repair, or storage of seasonal equipment or apparatus
owned or leased by the farm owner or manager used expressly for the
purpose of propagation, processing, management or sale of the agricultural
products; and
G.
On-farm relocation of earth and the clearing of ground for farming
operations.
FARMING OR AGRICULTURE OR THEIR DERIVATIVES
Include, but not limited to, the following:
A.
Farming in all its branches and the cultivation and tillage
of the soil.
C.
Production, cultivation, growing and harvesting of any agricultural,
aquacultural, floricultural, viticultural or horticultural commodities.
D.
Growing and harvesting of forest products upon forest land and
any other forestry or lumbering operations.
E.
Keeping and raising of livestock, horses, poultry, swine, cattle,
sheep ratites (such as emus, ostriches, rheas) and camelids (such
as llamas and camels) and other domesticated animals for food and
other agricultural purposes, including bees and fur-bearing animals.
The right to farm is hereby recognized to exist within the Town
of Lunenburg. The above-described agricultural activities may occur
on holidays, weekdays and weekends by night or day and shall include
the incidental noise, odors, dust and fumes associated with normally
accepted agricultural practices. It is hereby determined that whatever
impact may be caused to others through the normal practice of agriculture
is more than offset by the benefits of farming to the neighborhood,
community and society in general. The benefits and protections of
this bylaw are intended to apply exclusively to those commercial agricultural
and farming operations and activities conducted in accordance with
generally accepted agricultural practices. Moreover, nothing in this
Right-to-Farm Bylaw shall be deemed as acquiring any interest in land,
or as imposing any land use regulation, which is properly the subject
of state statute, regulation or local zoning law.
Any person who seeks to complain about the operation of a farm
may, notwithstanding pursing any other available remedy, file a grievance
with the Select Board, the Building Commissioner, or the Board of
Health, depending on the nature of the grievance. The filing of the
grievance does not suspend the time within which to pursue any other
available remedies that the aggrieved may have. The Building Commissioner
or Select Board shall forward a copy of the grievance to the Agricultural
Commission or its agent, which shall review and facilitate the resolution
of the grievance, and report its recommendations to the referring
Town authority within an agreed-upon time frame. The Board of Health,
except in case of imminent danger or public health risk, may forward
a copy of the grievance to the Agricultural Commission or its agent,
which shall review and facilitate the resolution of the grievance,
and report its recommendations to the Board of Health within an agreed-upon
time frame.
If any part of this bylaw is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of the bylaw.
The Town of Lunenburg hereby declares the provisions of this bylaw
to be severable.