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17D-008 (4) . | | ! | / ! | | i � | | / ' i | | ! / i r-" definition of the term "primarily", a reasonable interpretation is that more than 50% of the items offered for sale must be grown on the Bridge Road site as determined either by sales price or volume. In March, 1995, a new version of M.G.L. Chapter 40A, Section 3, became effective. That section states that a local zoning ordinance may not unreasonably prohibit or require a special permit for . .facilities for the sale of produce. . .provided that during the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located. . . The section also includes a provision that communities may limit the above use to parcels of five acres in areas not zoned for agriculture. It is my opinion that, as of March, 1995, the City's Zoning Ordinance was superseded by the new Section 3 . The local requirement that the produce offered for sale in a farmstand be grown "primarily" on site is invalid. Instead, the majority of products for sale must be produced by the owner of the property on which the farmstand is located but not necessarily on the site of the farmstand. Although Section 3 allows the City to restrict farmstands to parcels of five (5) acres or more, the current Zoning Ordinance does not do so. Therefore, the size of Mrs. Fedenkevez's property is immaterial. Therefore, it is my opinion that Mrs. Fedenkevez may operate a farmstand at 604 Bridge Road during the summer as long as the majority of the produce/flowers sold there are grown by her, either at the Bridge Road property or on other property that she owns leases, or rents. , Since the use is allowed, there is no need to determine whether it was abandoned because of the years when it was not in operation. The Building Inspector should determine parking requirements for the use. However, it appears that only one or two spaces will probably be required given the small size of the farmstand. cc: Paulette Kuzdeba, Senior Planner $ 8 City of Northampton $ Law Department MEMORANDUM TO: Frank Sienkiewicz, Building Inspector FROM: Kathleen G. Fallon, City Solicitor SUBJECT: Fydenkevez farmstand DATE: June 9, 1995 You have requested an opinion as to whether Angela Fydenkevez may reestablish a farmstand on her property at 604 Bridge Road. My understanding of the facts, as provided by Mrs. Fydenkevez's attorney, Diane Fernald, is as follows. Mrs. Fydenkevez and her late husband sold produce from the property at 604 Bridge Road from July, 1975, until September, 1989 . At that time, they discontinued the farmstand because of heated property disputes with a neighbor over a right of way. They deemed it wiser not to exacerbate the situation by operating the stand which was located in or near the disputed area. The dispute was finally resolved, and, in July, 1994, the stand was reopened. A neighbor complained when the stand reopened, the complaint focusing on customers parking on the right of way. At that time, you issued a cease and desist order for the farmstand use. Mrs. Fydenkevez grew some of the produce and flowers sold at the stand on the Bridge Road property. However, the majority of the items for sale were grown on other land of the Fydenkevez's in Hadley. The property is located in a Rural Residential District. Under the 1959 codification of the Code of Ordinances, roadside stands were allowed in residential zoning districts only as an accessory use on a parcel whose primary use was as a farm, garden, or nursery. There was no mention of farmstands operated in connection with a residential use in the ordinance. The 1977 recodification made temporary farmstands as an allowed use in an RR district but restricted their operation to four (4) months of the year and required that the produce offered for sale be raised "primarily" on the same premises. The current zoning is virtually identical to the 1977 version. It appears that the farmstand has been since 1977, and continues to be, an allowed use under the Zoning Ordinance as long as the produce and flowers sold there are raised primarily on the premises. Although the Zoning Ordinance contains no specific I I I I i I, definition of the term "primarily", a reasonable interpretation is that more than 50% of the items offered for sale must be grown on the Bridge Road site as determined either by sales price or volume. In March, 1995, a new version of M.G.L. Chapter 40A, Section 3, became effective. That section states that a local zoning ordinance may not unreasonably prohibit or require a special permit for . . facilities for the sale of produce. . .provided that during the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located. . . The section also includes a provision that communities may limit the above use to parcels of five acres in areas not zoned for agriculture. It is my opinion that, as of March, 1995, the City's Zoning Ordinance was superseded by the new Section 3 . The local requirement that the produce offered for sale in a farmstand be grown "primarily" on site is invalid. Instead, the majority of products for sale must be produced by the owner of the property on which the farmstand is located but not necessarily on the site of the farmstand. Although Section 3 allows the City to restrict farmstands to parcels of five (5) acres or more, the current Zoning Ordinance does not do so. Therefore, the size of Mrs. FedenkevezIs property is immaterial. Therefore, it is my opinion that Mrs. Fedenkevez may operate a farmstand at 604 Bridge Road during the summer as long as the majority of the produce/flowers sold there are grown by her, either at the Bridge Road property or on other property that she owns, leases, or rents. Since the use is allowed, there is no need to determine whether it was abandoned because of the years when it was not in operation. The Building Inspector should determine parking requirements for the use. However, it appears that only one or two spaces will probably be required given the small size of the farmstand. cc: Paulette Kuzdeba, Senior Planner I 1 I I i I i I I I Ka Y 6 $ City of Northampton It ` Law Department MEMORANDUM TO: Frank Sienkiewicz, Building Inspector FROM: Kathleen G. Fallon, City Solicitor SUBJECT: Fydenkevez farmstand DATE: June 9, 1995 You have requested an opinion as to whether Angela Fydenkevez may reestablish a farmstand on her property at 604 Bridge Road. My understanding of the facts, as provided by Mrs. Fydenkevez's attorney, Diane Fernald, is as follows. Mrs. Fydenkevez and her late husband sold produce from the property at 604 Bridge Road from July, 1975, until September, 1989. At that time, they discontinued the farmstand because of heated property disputes with a neighbor over a right of way. They deemed it wiser not to exacerbate the situation by operating the stand which was located in or near the disputed area. The dispute was finally resolved, and, in July, 1994, the stand was reopened. A neighbor complained when the stand reopened, the complaint focusing on customers parking on the right of way. At that time, you issued a cease and desist order for the farmstand use. Mrs. Fydenkevez grew some of the produce and flowers sold at the stand on the Bridge Road property. However, the majority of the items for sale were grown on other land of the Fydenkevez Is in Hadley. The property is located in a Rural Residential District. Under the 1959 codification of the Code of Ordinances, roadside stands were allowed in residential zoning districts only as an accessory use on a parcel whose primary use was as a farm, garden, or nursery. There was no mention of farmstands operated in connection with a residential use in the ordinance. The 1977 recodification made temporary farmstands as an allowed use in an RR district but restricted their operation to four (4) months of the year and required that the produce offered for sale be raised "primarily" on the same premises. The current zoning is virtually identical to the 1977 version. It appears that the farmstand has been since 1977, and continues to be, an allowed use under the Zoning Ordinance as long as the produce and flowers sold there are raised primarily on the premises. Although the Zoning Ordinance contains no specific i I i j I I j i I I t .� MAR 1 6 .1998 February 25, 199 �F ,;x !!!!�:, 5 Dear Mr. CnairTan anal Yemb rs of the Board: There is a ugly prob&&m on '33rido-e Road and I am rointinq out -he seasonal roadside stand jiixtanosition with the cemeter.v and the church. It is an awful mess . Please -?o not issue a rermit for this Year. I have done quite q bit of research Ps to where she grets her rroduce . The woman does not c-rorrr any zremel-abl s he-self. AbsollitelY none . pier aspara u_s cores from 'ibb:a.rd Fares or Stans Prodi..a.ce in I?adlev. Tne sweet corn co es from 11,1a.lt-r. Wanez.y1T in Hadley and most of -er other greens come from Hadley. She grows nothing herself . You are zoning that as co'�mercial and it has not been rezoned from city records . Please do clean un the area by not issi.zi.ng h-ra permit . I belong to the church and we look at it with a jaundice eye. Mrs Fyden has a full time job in peddling newspapers. RespectfiAly, s i ,.� I i AVj �zz 0 7;p -7--72 JL4 APR 3 0 TOF i ' | . | | | . | / | � i ! | � ` . ' / / ' / | | | ! e art4a pt arch 23, 1998 DXPARrlvr9W OF SUtLOIXG INSPRMON.S INSPECTOR Angela& Bertha Fydenk9WMAin Street • Municipal Building 604 Bridge Road Northampton, Mass. 01060 Northampton, MA 01060 Subject: Complaint received regarding operation of vegetable stand. Dear Ms. Fydenkevez, Our office was forwarded a complaint from the Northampton Planning(copy attached) stating that the produce you are selling is not produced by you on land that you own or lease. MGL 40A Section 3 effective March, 1995 states that a local zoning ordinance may not unreasonably prohibit or require a special permit for: "Facilities for the sale of produce. provided that during the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located...." The opinion of the City Solicitor at the time of MGL 40A change stated that" As of March 1995 the city's zoning ordinance was superseded by the new Section 3. The local requirement that produce offered for sale in a farmstand be grown"primarily" on site is invalid. Instead, the majority of products for sale be produced by the owner of the property on which the facility but not necessarily on the site of the farmstand. Although Section 3 allows the City to restrict farmstands to parcels of five (5) acres or more, the current Zoning Ordinance does not do so. Therefore, the size of Mrs. Fedenkevez's property is immaterial". As long as the majority of produce/flowers sold at your farmstand are grown by you, either at the bridge Road property or on other property that you own or lease the farm stand is legitimate. However if, as the complaint states, you are not growing the majority of produce for sale then you would be violating Zoning Ordinances for operation of a business,. Our office requests that you provide documentation to support your position that you do produce the majority of the products you sell at you farmstand on land that you own or land that you lease so that we can respond to the complaint received in our office. Thank you. If you have any questions please contact this office at 587-1240. Sincerely , Anthony Patillo Building Commissioner City of Northampton CC:Planning Board Building Department 413-587-1240------fax 413-587-1272