Sharing a clarification about the Lanesborough and New Marlboro Right to Farm bylaws:  The disclosure form does not need to be submitted to the town before sale.  As some have asked, the seller’s agent should retain this form in their property file for all transactions but only some towns require that you file that form with the town hall as well.  The city/towns of Lanesboro, Hinsdale, New Marlboro, North Adams and Pittsfield do not require a written disclosure notification to be filed.  Also, the towns that do have a filing requirement provided acceptance of our sample form and shared where and how to file it with the town. Here is a link to the Town Mailing/Email list in PDF format and the Right to Farm Standard form, also found in the forms software service providers.

For clarification, the Right to Farm bylaws require a home seller to inform a home buyer that the community allows farming.  That ‘Right to Farm’ status does not give farming rights to an actual property, those rights are found in zoning and use laws!!  The disclosure is intended to alert residents that farming activities within the town may create noises, smells and dust (and slow traffic) but those are not legal nuisances.  It also defines and sets out a process for resolving disputes about nuisance issues.

Thanks to Barbara Davis Hassan for this update and assistance by Ruth A. Knysh, Lanesborough Town Clerk.