Henry v. Board of Appeals

The sole issue presented by this appeal is whether the plaintiff’s proposed removal of 300,000 to 400,000 cubic yards of earth from a steep hill on her property in order to make that area suitable for the planting and cultivation of Christmas trees is an agricultural activity under G. L. c. 40A, § 3,1 and, therefore, not subject to the *55provisions of the town’s zoning by-law. In the plaintiff’s appeal to the Superior Court from a decision of the board of appeals of Dunstable (board) denying her a permit for such use, the Superior Court judge determined that the plaintiff’s proposed use of her…