Article 30 was approved: Card Vote - 61 in Favor / 5 Opposed: Motion Carried, Passed.
TOWN OF CHESHIRE - ANNUAL TOWN MEETING - Monday, June 9, 2025, at 7:00 PM
ARTICLE 30 : GENERAL BYLAW – KEEPING AND RAISING OF LIVESTOCK OR POULTRY
In all zones other than the A-R (Agricultural/Residential), the keeping and raising of livestock or poultry shall require registration of said livestock or poultry with the Cheshire Board of Health and shall permit regular inspections by the Animal Inspector under applicable state and local law or regulations. All permits issued by the Board of Health under this section shall include conditions of approval and direct abutter notification, the submission of evidence of such notification and registration. The registration fee for the permit shall be set by the Board of Health.
Only selected domesticated fowl (hens, ducks, pigeons and doves), domesticated rabbits (including domesticated hares) and selected exotic mammals (potbellied pigs and dwarf goats with proper emotional support animal certification) may be raised and kept as an accessory use. On such properties, no roosters, geese, swans, turkeys, pheasants, peacocks, guinea fowl, pygmy goats, pigs, or any other livestock or poultry shall be permitted in the R-1 District.
No more than six total adult domesticated fowl and rabbits shall be kept on any property, regardless of the number of dwelling units.
Domesticated fowl and rabbits shall be confined with fencing or other secure enclosures which shall be set at least ten (10) feet from any property lines and twenty (20) feet from residential structures on any adjacent property. Within such an enclosure, a minimum of ten (10) square feet of open yard area shall be provided.
Within or attached to any such enclosure shall be provided a secure sheltering structure (e.g., coop, dovecot, hutch or shed, as appropriate) of sufficient size to ensure the health and safety of said livestock or poultry.
The keeping of pets shall be allowed by right, such as dogs, cats, various species of rodents (rats, mice, guinea pigs, hamsters, ferrets, chinchillas etc.), exotic birds, reptiles, fish or amphibians. The keeping of wild animals, exotic birds, fish, reptiles and amphibians as pets is subject to the requirements of M.G.L Chapter 131 Sections, 23, 25 and 26A as amended and 321 CMR 2.12 and 9.01, as amended, or take any action relative thereto.
The Attorney General’s Office Municipal Law Unit has given the standard disclaimer whenever a zoning bylaw may need interpretation by Town Counsel before being enforced. In this instance, the bylaw passed has been approved for the Residential Zoning District provided that: if the lot were more than five acres in size in the residential zone, a party could keep livestock or poultry or on a two acre lot if the sale of agricultural products generates more than $1,000 per acre or more of gross sales.
General Laws Chapter 40A, Section 3, provides that all agricultural uses must be allowed as of right (1) on land zoned for agriculture; (2) on land that is greater than five acres in size; and (3) on land of 2 acres or more if the sale of products from the agricultural use generates $1,000 per acre or more of gross sales. The Town should discuss the application of the new Section, “Keeping and Raising of Livestock or Poultry,” with Town Counsel to ensure itis applied consistent with the protections given to agriculture under the constitution and laws of the Commonwealth.