Chilmark is pumping the brakes on a new policy that allowed farms to host summer events after feedback from both farmers and members of the public. 

Last month, the select board voted to permit farms to hold three events this summer while the board works out a possible permanent regulation, if necessary, later in the fall. Last Tuesday, select board member Matt Poole came to the board with a draft of new potential guidelines for events, which have been a hot-button issue in the up-Island town.

But after about 30 minutes of discussion and public comment, the board voted to postpone the conversation until town counsel has provided their input. 

“[It's] been suggested that we’re moving too quickly, on both ends of the spectrum, someone representing the applicants and someone thinking that we’re moving too quickly and making a mistake,” Mr. Poole said.  

His proposed draft included permitted events from mid-July to the end of October; farmers would have to comply with certain capacity limits and hours while supplying a plot plan to the board.

But some of the farms in town thought the policy went beyond the jurisdiction of the town.  Attorney Tom Lesser, who represented North Tabor Farm and Beetlebung Farm, said that under the Dover Amendment in state law, the select board has limited authority to determine what farms can and cannot do. The amendment gives farms, educational facilities and religious organizations more zoning leeway than other residential and commercial operations.

“The only person who can regulate [the farms]...is, in fact, zoning ordinances or bylaws,” he said. “I understand what you’re trying to do. I understand, as a select board, you’re trying to protect the town, but you have limited authority in this area. Chilmark has the right to adopt reasonable regulations by zoning ordinance or by zoning bylaw, but up until now, it’s chosen not to do so.” 

Mr. Lesser said that case law has proven that many agricultural events are exempt from many kinds of regulations and that the scope of such events is “extremely broad.”

“The case law specifically states the exemption operates even where the agricultural use in question is retail or commercial in nature,” he said.  

Town voter and lawyer Tucker Drummond said that allowing too many events may lead to overcrowding in town and further commercialization. 

“If we’re talking events, this is not just farmers showing their work,” he said. “This is a commercial restaurant pretending to be a backyard barbecue on a farm that will change the culture of Chilmark significantly. We will have all kinds of people coming to the restaurant capital of the world. And I think we haven’t necessarily thought through how many are appropriate.” 

Rebecca Miller, owner of North Tabor Farm, urged the board to support farms in town.  

“We’re not in a place that we want to be,” she said. “We just want to feel supported. Do you want just vistas, or do you want working farms in Chilmark? I think you have to decide, because it’s going to be vistas and there won’t be farms here.” 

To help the board figure out a way forward, town counsel plans to review Mr. Lesser’s concerns and give the municipality guidance.  

“We forward this entire question to town counsel, and we can let the clock tick, and it will be what it is,” Mr. Poole said.