Berkley Agricultural Commission approves bylaw wording changes, tasks member to rewrite complaint language

The Town of Berkley Agricultural Commission met Aug. 15 and unanimously approved minutes and several edits to its draft bylaws and conflict-resolution procedure. George Faria, chair, called the meeting to order at 6:05 p.m.; the session adjourned at 6:45 p.m.

Why it matters: The commission’s changes clarify that the Right to Farm bylaw does not confer an interest in land, establish timelines for dispute resolution, and set a path to have the bylaws reviewed by the Selectmen for placement on a special town meeting agenda this fall. The updates also aim to make the complaint and response process clearer for residents and town staff.

At the start of the meeting, members voted to accept the minutes of the July 18, 2024 meeting. Harry Harmon moved to accept the minutes as written and Aaron Fernandes seconded; the commission recorded a unanimous vote to approve the minutes.

The commission then reviewed proposed language for Section 3 of the Right to Farm bylaw. Ed Harmon moved to adopt the clarified wording: “Moreover nothing in the Right to Farm By-law shall be deemed as acquiring interest in land. The protections contained in this by-law do not replace any applicable zoning or legal restrictions associated with agricultural operations.” Harry Harmon seconded the motion, and the commission voted unanimously in favor.

Members also addressed Section 5, debating the timeframe language for resolving matters. Ed Harmon moved to add the phrase “not to exceed 30 days” to the ends of both paragraphs in Section 5 to set an explicit resolution deadline; Harry Harmon seconded and the motion passed unanimously.

On the draft Conflict Resolution Procedure, commissioners discussed the appeal timeline in item No. 5. Lisa Tetreault recommended adding the word “business” to clarify the five-day window; Angela Young moved to accept that amendment and Ed Harmon seconded. The commissioners voted unanimously to adopt the change.

Angela Young agreed to reword the complaint-form language that describes when the Agricultural Commission will make contact after receiving a complaint, clarifying that contact will be made once the commission receives the complaint (which may occur after the complaint is filed through other town offices). She will bring revised wording to the next meeting.

George Faria stressed the importance of presenting the bylaws to the Selectmen promptly so there is time for review and for the bylaws to be placed on the agenda for a special town meeting this fall. The commission agreed to meet before the next Selectmen meeting; the next Selectmen meeting is in two weeks from Aug. 15.

Commissioners also discussed website availability: Lisa Tetreault and George Faria said the Agricultural Commission page exists on the town website and that the bylaws and complaint form will be posted there once they are voted and finalized. In the meantime, Ed Harmon may direct residents to Town Hall to obtain paper forms and file them with the clerk. The meeting recorded no public input.

The meeting adjourned at 6:45 p.m. on a motion by Ed Harmon, seconded by Aaron Fernandes. The commission set its next meeting for Aug. 22, 2024, at 6:00 p.m.