[Massplanners] A Few Agricultural Questions, Mainly 40A(3)

[Christopher Ryan]

Hi all

With state law regarding agriculture and farming scattered across the MGL and constitutional spectrum, it is a challenge to locate everything relevant, but one passage in particular was a little confusing and I wonder if folks out there might be able to clarify for me.

There is a passage in MGL 40A, Section 3, Paragraph 1 which reads, "...or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture."

This seems to suggest that you can have a Section 3 exempt farm of less than 5 acres, but only if it is located in a non-agricultural zoning district. Is this correct? If so, do you get the rationale for it?

One other thing, is anyone familiar with farmer-breweries and what is needed to establish them other than what is in Sec. 138? Can any 40A3 exempt farm technically be eligible for this license?

Thanks and happy holidays!

Chris

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Christopher J. Ryan, AICP
Director of Community and Economic Development
Town of Harvard
13 Ayer Road
Harvard, MA  01451
Tel: 978.456.4100 x.323
Email: cryan at harvard-ma.gov<mailto:cryan at harvard-ma.gov>
Web: http://www.harvard-ma.gov<http://www.harvard-ma.gov/>

**Please note new email address and domain as of 9/1/21
email is now cryan at harvard-ma.gov<mailto:cryan at harvard-ma.gov>. Please change in your
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