Farmer Mike King has been attempting to secure municipal approval(s) to open the now-closed farmstand on North Street using the Dover Amendment.
In part, the Dover Amendment law exempts “agricultural, religious, and educational uses from certain zoning restrictions. By limiting what zoning requirements apply to land and structures that hold these uses, the Dover Amendment makes it easier for these uses to build structures to serve their needs.”
So far, his efforts have yielded more questions than answers according to the Zoning Board of Appeals. Further, King’s request for a site-plan review by the Planning Board didn’t move the approval needle very far.
One of the main hurdles King has faced is the lack of a tangible lease agreement between himself and the Ferguson family, owners of the North Street location. Both the Zoning Board of Appeals and the Planning Board have requested this document, making it a double sticking point to the operation of the farmstand.
During the June 25 meeting of the Planning Board, King discussed the parking spaces including a handicap space. He also described in brief terms possible future expansion of the farmstand including a petting zoo and picnic area where people could enjoy nature.
The issue of increased traffic from patrons of the farmstand was a major concern for the abutters who were not in favor of the stand. The appearance of the parcel and what one neighbor called a possible carnival atmosphere in a residential neighborhood was problematic.
Looking back at the timeline of events that has led up to the standstill, there was an agreement on behalf of the town by the previous Building Director David Riquinha that allowed the stand to operate in 2004, noting its previous history as a farm. However, Carole Clifford, a lifelong abutter to the property in question, said it had never been a farm. She intimated that the neighborhood looked the other way when tenant Gary Rego sold a few vegetables, nothing more.
King said the new Building Director William McGrady is not in favor of the farmstand and against the variance King sought through the ZBA. At its June 26 meeting, the ZBA opted to give King until August 21 to produce a lease agreement. McGrady said in his opinion the structure at the North Street location “should be condemned and torn down.”
No other action was taken at that time. However, King asserted, as he has several times, that he is not required to secure a variance and that the Dover Amendment exempts farmers from many zoning bylaws.
Mattapoisett Planning Board & Zoning Board of Appeals
By Marilou Newell