HomeMy Public PortalAboutAgriculture Commission -- 2006-03-23 MinutesMINUTES of the 6`h MEETING of
The BREWSTER AGRICULTURAL COMMISSION
Held Thursday, March 23, 2006 at 7:00 p.m.
At the Brewster Town Office Building, 2198 Main Street, Room A
Present: Peter Herrmann, Heather Mangelinkx, John MacLellan, Jack Latham, Julie
Trzcinski„ Dave Carlson, Washington Chase, Stephen Brown, Nancy Sheridan, Victor
Staley,and Larry McCormick, Jillian Douglass
Peter Herrmann called the meeting to order at 7:00 p.m.
Minutes of the February 23, 2006 meeting were accepted and unanimously approved by
the board.
Mr. Hemnann introduced Larry McCormick, Esq. Chief Counsel for the Massachusetts
Dept. of Agriculture and Victor Staley, Chief Brewster Zoning Enforcement Officer.
Mr. McCormick gave a brief review of what the agriculture commission should be
focusing on such as the Right to Farm By Law in regards to what agriculture should be
allowed to do in the community. He refers to Chapter 40A -Sec 3 of the state zoning
law.
Mr. Staley presented his case that he is required to follow the zoning by law voted by the
town. He showed that most areas of town do allow agriculture except in some cases of
small properties with animals does depend on the neighborhood. More than 5 acre
properties do have the right to farm as stated in the zoning bylaw.
Mr. McCormick and Mr. Staley did differ on opinion on how to interpret the vague
wording under the zoning laws. Mr. Staley suggests that if the farmer does not agree with
his interpretation then they should appeal their case to the Board of Appeals. Mr.
McCormick suggests that the Agriculture Commission should present to the Planning
Board and the Board of Appeals previous court cases that show the State does usually
agree with the farmer in these disputes and the Agriculture Commission could save the
town future legal issues if these committees understand previous rulings and to make the
bylaws regarding agriculture more straight forward so disputes will not happen.
Other issues presented were: are farmers required to comply with historic district rules,
Mr. McCormick says no, that a general bylaw cannot frustrate a zoning bylaw. Mr.
Staley says they must follow historic district rules. Mr. Staley agreed there is no height
restrictions on windmills as stated in the zoning laws. They both agreed that agriculture
burning is permitted all year but as a courtesy to the fire department please notify them.
Only fencing over 6 feet becomes a structure and then becomes a building department
issues. Set back requirements for fencing have been established by the board of health
and that this is an issue that should be challen ed by the Agriculture Commission. Mr.
Staley says plastic covered green~~~ar~~led~they are not considered permanent
structures so are not under the zoning department guidelines.
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