[HISTORY: Adopted by the Town of Greenfield as amended 5-18-2011 by Order No. FY 11-083 (Ch. 142 of the 2002 Bylaws). Subsequent amendments noted
where applicable.]
A.
The purpose and intent of this chapter 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,
Paragraph 1; MGL c. 90, § 9, MGL c. 111, § 125A
and MGL c. 128, § 1A. We, the citizens of Greenfield, 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").
B.
This chapter encourages the pursuit of agriculture, promotes agriculture-based
economic opportunities, and protects farmlands within the Town of
Greenfield by allowing agricultural uses and related activities to
function with minimal conflict with abutters and Town agencies.
C.
This chapter shall apply to all jurisdictional areas within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any parcel or contiguous parcels of land, or water
bodies used for the primary purpose of agriculture, or accessory thereto.
Includes but is not limited to the following: farming in all
its branches and the cultivation and tillage of the soil; dairying;
production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities;
composting; growing and harvesting of forest products upon forest
land, and any other forestry or lumbering operations; raising of livestock,
including horses; keeping of horses as a commercial enterprise; and
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.
Farming encompasses activities including, but not limited to,
the following: operation and transportation of slow-moving farm equipment
over roads within the Town; control of pests, including, but not limited
to, insects, weeds, predators and disease organisms of plants and
animals; community responsible application of manure, fertilizers
and pesticides; conducting agriculture-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; processing and packaging of the agricultural output of
the farm and the operation of a farmer's market or farm stand, including
signage thereto; 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 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 Greenfield. 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 chapter are intended to apply exclusively to those
agricultural and farming operations and activities conducted in accordance
with generally accepted agricultural practices. Moreover, nothing
in this chapter 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, nor is it intended
hereby that the creation of an implementation of this chapter supersedes,
replaces, modifies, alters or changes any existing or future Greenfield
Town ordinance or zoning ordinance, or state or federal law related
to agricultural uses within Greenfield.
The Town of Greenfield shall be responsible for providing a
copy of the following notice annually to Greenfield property owners/residents
through an annual legal notice in the local newspaper. Moreover, the
Town will post a copy of this notice prominently at the Town Hall,
and will include the notice and a copy of this chapter on the Town's
official website.
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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 or occupy 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. Any concerns or complaints regarding
agricultural practices in Greenfield shall be addressed to the Mayor,
who shall forward them to the appropriate Town authorities and the
Agricultural Commission for resolution."
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Any person who seeks to complain about the operation of a farm
may, notwithstanding pursuing any other available remedy, file a grievance
with the Mayor or his/her designee. The filing of the grievance does
not suspend the time within which to pursue any other available remedies
that the aggrieved may have. The Mayor or his/her designee shall forward
a copy of the grievance to the appropriate Town authorities, including
but not limited to the Board of Health and/or Zoning Board of Appeals.
The Mayor or his/her designee shall also 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 Mayor or his/her designee within an agreed-upon time frame.
