Inhabitants of the Town of Rowley v. Kovalchuk

This action presents the question whether a lumber mill constitutes agriculture, so as to be exempt from local zoning pursuant to G.L.c. 40A, §3. The case is presently before the Court on cross motions for summary judgment. For the following reasons, each side’s motion will be allowed in part and denied in part, and judgment will enter enjoining the defendant from operating a sawmill on the site.

BACKGROUND

The defendant Michael Kovalchuk owns and resides on property located at 238 Main Street in the Town of Rowley (hereinafter referred to as “the site”). According to his affidavit, Kovalchuk…