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Mass. State Law

Liability limits in state law.
Senate Bill revising 40 A Zoning rules This bill proposes an agricultural exemption for windmills, allowing agricultural land to put up a windmill of up to 2 megawatt capacity. Passage is likely.
MGL 84-1 Requires repair of highways and town ways at expense of towns.
MGL 84-7 Duties of surveyors of highways and road commissioners include the right to employ repair persons at the expense of the town.
MGL 111-125A Board of Health regulates farm Nuisances BUT Odor, Manure Spreading, and Noise from normal farm operations shall not be deemed nuisances.
MGL 243-6 Actions against Normal Agricultural practices are prohibited (or limited to negligent conduct).
MGL 111-155 State requirement for Board of Health License. Allows health related regulation.
MGL 111-156 200 foot limit on Proximity to church
MGL 111-158 Towns of less than 5000 Selectmen may license stables and revoke licenses at pleasure.
MGL 148-26G Sprinklers required in buildings greater thatn 7500 square feet. Agricultural buildings are specifically exempt. Some exemptions for residential buildings too.
MGL 272-86a Two exit requirement without sprinklers above the first floor. (applies outside of cities)
MGL 272-86a Sprinkler requirements for stabling above the first floor. (applies only in cities)
MGL 272-86b Requirement for a night watchman or sprinklers. (applies only in cities see 86A)
MGL 128-2b Liscense requirement for stables where horses are kept for hire.
Section 40A section 3 Subjects which zoning may not regulate;
Chapter 128: Section 1A. Farming, agriculture, farmer; definitions
Norfolk DA on open meeting rules
Effective July 1, 2010 the open meeting law enforcement is now centralized in the Attorney General's office. They have a new Guide to the Open Meeting Law
Fire Safety Guidance on MGL 128 Section 26G (Sprinklers for greater than 7500 square foot buildings)

Mass. Tax Reduction Rules

These rules are the definition of agriculture (animals) and Horticulture (plants) for the purpose of reducing property taxes. It is possible that property tax rules are a little different from the rules that exempt you from zoning regulations and that a commercial stable is not an agricultural activity for this purpose. Clear case law has not been located. It appears that most towns allow land for stables and pastures to be part of 61A.

Chapter 61A section 1 Defines agrigulture, the raising of animals including horses for sale.
Chapter 61A section 2 Defines Horticulture, growing plants, food, pastures etc.
Chapter 61A section 2A allows renewable energy for the farm to be part of 61A usage.
Chapter 61A section 3 Defines a minimum annual agricultural income to qualify of $500 which increases by $5 per acre or $0.50 per acre of woodland.

Sherborn Zoning Regulations

2015 Sherborn Zoning bylaws

2009 IBC (International Building Code)

IBC 2009 edition

IRC (International Residential Code)

IBC 2009 edition

Mass. Building Code

HTTPS://UP.CODES for Massachusetts provides a nice complete reference for the current building code.

After 1 January 2018 the 9th edition of the Mass. building code is required. This is based on the 2015 IBC (as web pages)
Mass. Ammendments to the 2015 IBC

Mass 8th edition building code.
Mass 8th edition residential building code.
IBC Mass.amendments (site 1) IBC Mass.amendments (site 2) to the 2009 IBC
IRC Mass amendments to the 2009 IRC.
Building code 602 Types of structures I-V
Building code 120.A-J size limits on Agricultural structures

Massachusetts also requires certain AAB Rules for handicap access requirements documented in Section 521 CMR.

There is a Proposed Amendment to the Building Code from Agriculture Department General Counsel Bob Ritchie that ensures that riding arenas are considered agricultural structures. The change also allows occupancy in agricultural structures that is greater than the 1 person per 300 square foot which would otherwise apply. Riding arenas allow an occupancy of 200. Equine training in any structure allows 100 people twice a week for 2 hours. Education also allows 100 people twice a week for two hours. The Farm Bureau thinks this amendment will be passed soon.

Other code references

Safranek Free Accessibility And Building Code Resources a library of code documents containing IBC, Fire code accessibility codes etc.

State Fire Officials

Stephen D. CoanState Fire Marshal978-567-3110
Thomas P. LeonardDeputy State Fire Marshal978-567-3112

Wetlands Rules

Discussion of Agricultural Exemptions The Cranberry growers have a good document that discusses the agricultural exemption to wetlands rules.
Mass DEP on horsekeeping and manure
Farming in Wetland Resource Areas (local copy fancy color version)
310 CMR 10: Wetlands Protection

Drinking Water Rules

Drinking Water 310 CMR 22 As an intermittent brook we probably do not meet the standard. We are not in any of the special zones, even in zone A 22.20C(2)(g) allows manure in covered contained facilities.
Pollution Control 314 CMR 4.0 This section is referenced by the Drinking water section.
Tables for 314 CMR 4.06

Architectural Access Board

From an Architect friend:

Here are the relevant pages from the Architectural Access Board regulations. Riding facilities are not specifically mentioned but it seems to me that your barn would fall under recreational buildings and would likely be considered a public building, meaning it is open for use by the public. The Mass. Regulations differ from the federal ADA requirements in that they do not pertain to facilities for employees, so it would seem that any shower you provide for staff would not have to be accessible under the Mass regulations.
As to washrooms, there does not seem to be a requirement under the Mass Access Board regulations for separate menís and womenís facilities but I believe that may be governed more by the state plumbing code. The Mass Access Board regulations specifically permit a unisex accessible facility.



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