(DOWNLOAD) "Kathleen B. Henry v. Board Appeals" by Appeals Court of Massachusetts # eBook PDF Kindle ePub Free

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eBook details

Title: Kathleen B. Henry v. Board Appeals
Author : Appeals Court of Massachusetts
Release Date : January 08, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Zoning, Agriculture, Material removal. Words, ""Agriculture,"" ""Horticulture,"" ""Incidental."" PORADA, J. The sole issue presented by this appeal is whether the plaintiff's proposed removal of 300,000 to 400,000 cubic yards of earth from a steep hill on her property in order to make that area suitable for the planting and cultivation of Christmas trees is an agricultural activity under G. L. c. 40A, § 3, 1 and, therefore, not subject to the provisions of the town's zoning by-law. In the plaintiff's appeal to the Superior Court from a decision of the board of appeals of Dunstable (board) denying her a permit for such use, the Superior Court Judge determined that the plaintiff's proposed use of her land was in furtherance of an agricultural use and was exempt from the town's zoning by-law under G. L. c. 40A, § 3. We affirm.