More On Structures – This In From Newton
May 22, 2012
Newton Man Vows To Fight City Hall Over Hanging Tomato Plants, in Dennis, if it provides support, which this does, yes it would be a structure and subject to setbacks. The ZBA and Planning Board asked this question of Town Counsel and they agreed with the interpretation that if you hang or attach things to a landscape feature it would meet our definition of structure.
We need to have a long talk about our definition of structure.
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The story raises another interesting zoning question, which has come up in Dennis as well. Based on the owner’s description of supplying food pantries and other facts brought out in the story, the use may not be an allowed one, either as principal, accessory or exempt use.
True, I just tried to stay with the structure and providing support aspect of the issue. Even if he canned the tomatoes to provide for a winter’s feast, the structure is a problem. I honestly believe we need to engage in a discussion about landscape items what might be okay, and what might be considered a structure.
The latest from WCVB TV on this issue: http://www.wcvb.com/news/local/metro/Newton-hanging-tomato-garden-must-go/-/11971628/14421586/-/6nywruz/-/index.html?utm_medium=twitter&utm_source=twitterfeed