[HISTORY: Adopted by the Annual Town Meeting
of the Town of Groton 4-30-2007 by Art. 13. Amendments noted where applicable.]
The intent and purpose of this bylaw is to state
with emphasis the right-to-farm accorded to all citizens of the Commonwealth
under Article 97 of the Articles of Amendment to the Massachusetts
Constitution, and all state statutes and regulations thereunder, including,
but not limited to, MGL C. 40A, § 3, Paragraph 1; C. 90,
§ 9; C. 111, § 125A; and C. 128, § 1A.
We the citizens of the Town of Groton restate and republish these
rights pursuant to the Town's authority conferred by Article 89 of
the Articles of Amendment of the Massachusetts Constitution.
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This general bylaw encourages the pursuit of
agriculture, promotes agriculturally based economic opportunities,
and protects farmlands within the Town of Groton by allowing agricultural
uses and related activities to function with minimal conflict with
abutters and Town agencies. This bylaw shall apply to all jurisdictional
areas within the Town. This bylaw shall not restrict the Town of Groton
from enforcing any existing regulation or adopting any new regulation.
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A.
The word "farm" shall include any parcel or contiguous
parcels of land, or water bodies under private ownership used for
the purpose of commercial agriculture, or accessory use thereto.
B.
The words "farming" or "agriculture" or their derivatives
shall include, but not be limited to, the following:
(1)
Farming in all its branches and the cultivation and
tillage of the soil;
(2)
Dairying;
(3)
Production, cultivation, growing and harvesting of
any agricultural, aquacultural, floricultural, viticultural, or horticultural
commodities;
(4)
Growing and harvesting of forest products upon forest
land, and any other forestry or lumbering operations;
(5)
Raising of livestock, including horses;
(6)
Keeping of horses for commercial or recreational purposes;
and
(7)
Keeping and raising of poultry, swine, cattle, ratites
(such as emus, ostriches, and rheas) and camelids (such as llamas,
and camels), and other domesticated animals for food and other agricultural
purposes, including bees and fur-bearing animals.
C.
Farming shall encompass activities including, but
not limited to, the following:
(1)
Operation and transportation of slow-moving farm equipment
over roads within the town;
(2)
Control of pests, including, but not limited to, insects,
weeds, predators, and disease organisms of plants and animals;
(3)
Application of manure, fertilizers, and pesticides;
(4)
Conducting agriculture-related educational and farm-based
recreational activities, including agri-tourism, provided that the
activities are related to marketing the agricultural output or services
of the farm;
(5)
Processing and packaging of the agricultural output
and the operation of a farmer's market or farm stand, including signage
thereto;
(6)
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
(7)
On-farm relocation of earth and the clearing of ground
for farming operations.
The right to farm is hereby recognized to exist
within the Town of Groton. The above described agricultural activities
may occur on holidays, weekdays, and weekends by night or day and
shall include the attendant 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 agriculture 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, imposing any land use regulation, or restricting
the Town of Groton from enforcing any existing regulation or adopting
any new regulation.
A.
Not later than 21 days after the purchase and sale
contract is entered into, or prior to the sale or exchange of real
property if no purchase and sale agreement exists, for the purchase
or exchange of real property, or prior to the acquisition of a leasehold
interest or other possessory interest in real property located in
the Town of Groton, the landowner shall present the buyer or occupant
with a disclosure notification which states the following:
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It is the policy of this community to conserve,
protect and encourage the maintenance and improvement of agricultural
land for the production of food, and other agricultural products,
and also for its natural and ecological value. This disclosure notification
is to inform buyers or occupants that the property they are about
to acquire lies within a town where farming activities occur. Such
farming activities may include, but are not limited to, activities
that cause noise, dust, and odors. Buyers or occupants are also informed
that the location of property within the Town may be impacted by commercial
agricultural operations, including the ability to access water services
for such property under certain circumstances. Additionally, buyers
or occupants are informed that all motorized vehicles shall be prohibited
from traveling over any farm without written permission of the landowner.
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B.
A copy of the disclosure notification shall be given
on a form prepared by the Town and shall be signed by the landowner
prior to the sale, purchase, exchange or occupancy of such real property.
A copy of the disclosure notification shall be filed with the Town
Manager or designee prior to the sale, purchase, exchange or occupancy
of such real property. In addition to the above, a copy of this disclosure
notification shall be provided by the Town to landowners each fiscal
year by mail.
[Amended 4-27-2009 ATM , Art. 19]
A.
Any person who seeks to complain about the operation
of a farm may, notwithstanding pursuing any other available remedy,
file a grievance with the Town Manager, the Zoning Enforcement Officer,
or the Board of Health, depending upon 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 person may
have. The Zoning Enforcement Officer or the Town Manager 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.
[Amended 4-27-2009 ATM , Art. 19]
B.
The Board of Health, except in cases of imminent danger
of public health risk, 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 Board of Health within an agreed-upon time frame.
[Amended 10-1-2018 ATM
by Art. 14]
An Agricultural Commission has been established
by vote of the October 23, 2006 Special Town Meeting to address and
represent agricultural issues and interests in the Town of Groton.[1] The Commission consists of five members appointed by the Select
Board. Vacancies and expired terms shall be filled by the Select Board,
taking into account the recommendations of the Commission and following
the rules of the Town of Groton Committee Handbook. No less than three
members of the Commission shall be engaged in the business of farming
or related agricultural industries. This does not preclude all five
members of the Commission being actively engaged in the business of
farming or related agricultural industries. The duties and responsibilities
of the Commission shall include, but not be limited to: advising the Select
Board, Planning Board, Zoning Board of Appeals, Conservation Commission,
Board of Health, Earth Removal - Stormwater Advisory Committee, and
other local organizations on projects and activities, including acquisitions
and other transactions involving lands in the Town of Groton; engaging
in projects and activities to promote the business of farming activities
and traditions and farmland protection, including programs, education
and community events; and reporting on projects and activities on
an annual basis in the Town report.
If any part of this bylaw is for any reason
held to be unconstitutional or invalid, such decision shall not affect
the remainder of this bylaw. The Town of Groton hereby declares the
provision of this bylaw to be severable.
