[Massplanners] 40A Agriculture exemption and site plan review

[Judy Markland]

Walter,

The Whately requires site plan review for farmstands above a certain 
size that are otherwise exempt from zoning on the understanding that the 
review applies only to health and safety provisions, which aren't 
covered by the exemption.  The Planning Board was concerned about 
traffic, parking and lighting.  The AG's office questioned the provision 
but approved with those limitations.


Judy Markland

Whately Planning Board


On 11/15/2021 11:50 AM, Walter Ramsey - Montague Planner via 
MassPlanners wrote:
> Hi Mass Planners,
>
> Can a 40A exempt agricultural use be subject to site plan review?
>
> The scale of a locally proposed agricultural structure triggers the 
> need for site plan review. I know MGL 40A (3) states that a town can 
> not regulate the materials or methods of construction and that towns 
> can not unreasonably regulate or require a special permit for 
> agricultural uses. Does site plan review, in and of itself constitute 
> an "unreasonable regulation" of an ag use?
>
> I appreciate any insights you can provide.
>
> Walter Ramsey, AICP *|* Montague Town Planner *|* (413) 863-3200 x 112 
> *|* _planner at montague-ma.gov <mailto:planner at montague-ma.gov>_
>

-- 
This email has been checked for viruses by AVG.
https://www.avg.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20211115/b505611d/attachment.htm>