MedwayMike
Hatching
- Jun 16, 2015
- 1
- 0
- 7
I live in a great town in Mass and several years ago before we started with chickens we checked with the town hall and they said everything was okay as long as the abutters were fine and there were no roos or over 10 hens. However, that was then and this is now. A new regime has come in and found a little known section of the by-laws that groups poultry with livestock and therefore there is a 1 acre minimum required. We and about a dozen other families were notified the chickens have to go.
I have a stay pending the Zoning Board of Appeals. We met in front of them and they are hung up on language that says the following from Mass General Laws Part 1, TitleVI, Chap40A, Section10.
Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Except where local ordinances or by-laws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided however, that such variances properly granted prior to January first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date.
The district I am in allows livestock and poultry over 1 acre. I read this section as saying the Zoning Board of appeals can give a variance if they want. But the Board chair says that it can only be granted based on soil conditions, shape, or topography, in which case I am it seems much more difficult to justify. I need good chicken coop lawyer type who can think up something quick. Any advice is appreciated.
In the long run I am working to overthrow the zoning requirement for 1 acre but that will take time and a vote at a town meeting in the fall.
Thanks!
I have a stay pending the Zoning Board of Appeals. We met in front of them and they are hung up on language that says the following from Mass General Laws Part 1, TitleVI, Chap40A, Section10.
Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Except where local ordinances or by-laws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided however, that such variances properly granted prior to January first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date.
The district I am in allows livestock and poultry over 1 acre. I read this section as saying the Zoning Board of appeals can give a variance if they want. But the Board chair says that it can only be granted based on soil conditions, shape, or topography, in which case I am it seems much more difficult to justify. I need good chicken coop lawyer type who can think up something quick. Any advice is appreciated.
In the long run I am working to overthrow the zoning requirement for 1 acre but that will take time and a vote at a town meeting in the fall.
Thanks!
welcome to BYC !!
