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HomeMy WebLinkAbout2025-10-07 Caselaw LSPR ra �anci s A.DiLutia Esq.SMOLAK & VAUGHANT:978-327-521 h 1>:978-327-5219 A I i.03 9 A+E Y.- A.i LA W fdi1una@stno1akvaughan.co SUPPLEMENTAL MEMORA NDUM REGARDING MARBLE RIDGE VINEYARD AND WINERY From comments and inquiry ryof members of the North And over Planning Board during a meeting held on September 16 2025 at the North Andover Town Hall, Marble Ridge 9 Vineyard and Win ery supplements its riot memorandum to address the Board's inquiry Y rY p p p q ry relating lat�ng to the Raver Amendment exemptions in light of the accessary uses of the winery's land pursuant to Hume Lake Christian Camps, Inc. v. Planning Board of Formatted:Font:12 pt,No underline Monterey,492 Mass. 188, 21❑ N.E.3d 379, 2023 Mass. LEXIS 219, 2023 WL 3855265 . Th e specific accessory uses at issue are the cond uct of private wine tasting events p rY p g ` off ering over night ht farm wine stays and parking at e th Marble Ridge Vineyard and 9 9 winery Y p q g Y Winery facility. . APPLICABLE DC]VER AMENDMENT STATUTES The pr ovisions of M.G.L.c.40A p 3 provides in pertinent part:rt § p N0 zoning ord inance or by-law law sh all ...prohibit, unreasonably reg ulate, or require e a special permit far th e use of land for the rimy g � q I� p primary of commercial agriculture, ...or viticulture nor purpose 9 , prohibit, . unreasonably regulate or require e a special permit for the use, expansion, p p reconstruction or construction ton of structures thereon for the primary rY purpose of com mercial agriculture ...horticufture, including those facilities for the sale f...wine.... o . one.., provided th at hat either during th e months of June � p g July, August and Sep tember of each year or during the harvest t season of the prim ary crop raised on land of the owner or lessee 25 per cent of such p rY p , products for sale based on either gross sales dollars p g llar or volume, have beenproduced b the owner or e lessee of the land on which the facility is Y Y loc ated,ated or at least 25 per cent of such u products for sale based on either p p , gros s annual sales ❑r I annual volume have be en produced b the owner g , p Y or lessee of he t land on which the facility i s located and at feast an ` `ad ditional 5o per cen t of such products for sa le, based upon either gros s annu al sales or annual a volume have been produced duced in Massachusetts on land h of er than that on which hich the facility located,is loca d used for the primary rY purpose of co mmercial agriculture,, a uaculture, silviculture, horticulture on f I culture or viticulture, t fture whether by he w# owner or lessee of the and 1 on wh ich the facilityis located orb anothe r, except that all such activities Y � t yes may p be limited to parce ls of 5 acres or more or to parcels 2 rc is acres or more if the sale f a products produced from m the agriculture, a quaculture silvicu lture, horticulture, t e floriculture or viticulture use on the parcel annual! p Y e e n rates at least 1 a 1 o0o per acre base o gross s d n r ales dollars e 9' p � r !n area 00306702•vl jPage 1 of 4 SMOLAK & VAUGHAN LLP October 2,2025 not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. [Emphasis added.] For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or bylaw shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term "agriculture" shall be as defined in section 1A of chapter 128...." M.G.L.c. 128 1A provides: "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. The activities and scope of the activities proposed to be conducted at Marble Ridge Vineyard and Winery were fully set forth by Elbridge "Brig" Leland 11, owner and winemaker, via the PowerPoint presentation on September 16, 2025 to the Board and are fully incorporated herein. The Dover Amendment precludes a town or other municipality from adopting a zoning ordinance or bylaw that "prohibit[s], regulate[s] or restrict[s] the use of land or structures for agricultural purposes on land owned or leased by the farmer.The Legislature has imposed this limitation in order to foreclose the "local exercise of preferences as to what kind of agricultural uses will be welcome." However, the agricultural exemption, unlike the religious and educational exemption, does not authorize a municipality to apply regulations' concerning bulk, dimensions, open space and parking, to land and structures for which a [protected] use is proposed. See and read together with Trustees of Tufts College v. Medford, 415 Mass. 753, 757, 616 N.E.2d 433 (1993). Campbell v. City Council of Lynn, 415 Mass. 772, 778 (1993). Trustees of Tufts College v. Medford, 415 Mass. at 757-761, Trustees of Tufts College, supra. Cited in Hume Lake Christian Camps, Inc.v. Planning Board of Monterey, 492 Mass. at 194 (2023). Since at least 1975, c. 40A, 3, has prohibited municipalities from adopting zoning regulations that bar or unreasonably regulate agricultural and horticultural uses in any €00306702;,v t Page 2 of 4 SMOLAK & VAUGHAN LLP October 2,2025 zoningdistrict, See S ? 08 t. #. �9 5 c. 8 3• See also Bateman v. Board of Appeals of � � § P� Geor getown,elnwn, 56 Mass. App. Ct. 236 242-243> 775 N.E.2 d 1276 (2002). Valley Green Grow, Inc. v. Charlton 99 Mass. App. C . 670 173 3 N.E.3d 395, 2021 Mass. App. LEXIS 65s 2021 WL 2345585. HUME ANALYSIS To determine whether a use of land or structures is entitled to the Dover proposed Amen e e Amendment exemption flora the Land Court i H devised rt n Hume d v�sed a two prong, sometime p p 9� overlapping, inquiry. "First we ask whether he proposed "t sed use has as its bona p p fide goal somethingthat can reasonably t s abl be described as [agriculturally) culturall significant. Y 9 g Y� See Regis �s College v. Weston, 462 Mass 280 at 285 20 1 1 . Second we consider i t whether the a riculturalf significant goal is the primary or dominant purpose for � 9 Yl g 9 p Y p p which the land or structures will be used. quoting whitinsville Retirement 5oc' q 9 Y, Inc. v. Northbridge, 394 Ma ss. 757 760 477 N.E.2d 407 (1985), See Hume Lake Christian tan Camps, Inc.v. PlanningBoard Mo nterey,ontere 492 Mass.at 195(2023). p v a 3 . Fo r r the purpose of the agricultural exemption, e e u n when a use i tote 'se o might otherwise not p p g f the use is directly l related to the farming operations ti ons ofconstitute an agricultural use, the owner, i is re garded e arded for Bonin purposes as being used forfarming. See Salah v 9 zoning p g Board of Appeals, 2 Mass.A . Ct.488 at 496-4971314 N.E.2d 881 1 4 pp � App. 97 Mass.App. LEXIS 667 1 974 cited in Green Valle at 682. � } Y Whether the proposed s s s s d use has a �t bona fide goal somethingt c[ hat an p p J reasonably be describe d as" a riculturallY significant.' nificant. Conduct of Private Wine TastingEvents at the Marble Ride Vineyard and g Y Winery facility. The precise language of M.G.L.c 40A 3 specifically v` p provides exemptions to § p Yp p include those facilities o f r the sale of ...wine. In this instance Ma rble arble Ridge's "facility" �s inclusive of historic barns a to within table nth n a vineyard from which nests � Y g may be served a lass of wine under a tent in Marble Ridg e's e s open space or in Y g � � p one of Marble Ridge's wine guesthouses. The facility in each instance provides 9 winery 9 Y apoint of sale for the winery to sell its product and productpu rchase is required for use of the facility. Obviously, compliance with the statutorily required product ratios and ice I nsure is required. Overnight Farm Wine stays at t M g he Marble Ridge Vineyard and Wine facility. Winery Y g Y Winery Y e Th precise language of M.G.L.c 40A 3 specifically v'ro ides exem flans to p § p p include those facilities for the sale of ...wine. In this instance Marble Ridge's "facility"a guesthouse. In order to qualify for an overnight farm winery stay each g q fY g Y Y For the purpose of the analysis, it has been determined b the North Andover Zoning p p Y � Y g enforcement Officer Paul Hutchins that the site and activities conducted thereon is agriculture. 00306702•v l Page 3 of SMOLAK & VAUGHAN LLP October 2,2025 guest is invoiced for and receives one Marble Ridge private wine tasting experience per adult guest in their party. Also, each guest receives product purchase discounts to promote additional product sales. In short, the guesthouse serves as a"facility"for the sale of the winery's product. Parking at the Marble Ridge Vineyard and Winery facility, Parking at Marble Ridge Vineyard and Winery is a privilege extended only to the guests and providers of the facility. Without parking guests would not be able to access the facility to purchase the winery's products. Whether the [agriculturally] significant goal is the "`primary or dominant' purpose for which the land or structures will be used."' Conduct of private wine tasting events at the facility. The primary purpose of Marble Ridge Vineyard and Winery is to produce and sell wine. The primary facility to achieve that goal is the physical enjoyment of the winery and the winery's facilities. Events at the facility advertise the winery's existence and products to attract patrons to the facility to purchase the winery's products. Without conducting events guests would not be attracted to the facility. Wine purchases are required for use of the facility. Overnight Farm Winery stays at the Marble Ridge Vineyard and Winery facility. The primary purpose of Marble Ridge Vineyard and Winery is to produce and sell wine. One such facility to achieve that goal is the physical enjoyment of the winery's guesthouses where private intimate tastings are required to be purchased and enjoyed. Parking at the Marble Ridge Vineyard and Winery facility. Parking at Marble Ridge Vineyard and Winery is a privilege extended only to the guests and providers of the facility. Without parking guests would not be able to access the facility to purchase the winery's products. Pursuant to all the above facts and analysis, caselaw and statutes, the principal use and accessory uses at Marble Ridge Vineyard and Winery and the activities conducted thereon constitute agriculture and enjoy the Dover Amendment exemption concerning zoning. September 25, 2025 Respectfully Submitted, (00306702;v1} Page 4 of 4 1 PAUL HUTCHINS BUILDING COMMISSIONER Town Hall 120 Main Street North Andover, MA - October 2, 2025 Francis A. DiLuna, Esq. Smola k & Vaughan 120 Water Street, Suite 401 (East Mill) North Andover, MA 01845 c/o Marble Ridge Farm LLC 11 Marbleridge Road North Andover, MA 01845 RE: MARBLE RIDGE FARM / MGL c.40A, §3 (Dover Amendment) Dear Attorney DiLuna: This letter serves as a Supplemental Determination of the August 26th Determination by nee, as Building Commissioner of North Andover regarding the applicability of the Dover Amendment (M.G.L. c. 40A, §3) to your proposed project at the above-referenced property. I have reviewed a "Memorandum Regarding Marble Ridge Winery" (Memo) and all its attachments submitted on July 25, 2025, as well as the second submission dated September 25, 2025 "Final Supplemental Memorandum." According to the Memo: Marble Ridge Winery operates on a 5.35-acre farm parcel in North Andover's R-1 zoning district. "The farm parcel has been owned by the Leland family and its ancestors for 342 years. It presently consists of a newer main home built in 2004 that houses the winery operations in the basement and where the owner lives, and several barns and outbuildings that date back to the 1700 and 1800's, . , The non--residential buildings primarily serve the farming operations. Approximately 1 acre is currently planted with 1.98 grape vines, and additional plantings are scheduled for next spring." According to your Memo, from August through November, the sale of.Marble Ridge wine exceeds the 25% required under MGL c.40A, §3, In addition to reviewing the Memo submission, 1 have visited the site on several occasions for the purpose of inspections. Summary of Findings: Based on my review, I find the proposed primary use of the property (winery) by Marble Ridge Farm LLC is protected under the Dover Amendment for the following reasons: • Marble Ridge Farm LLC is a recognized farm as defined by M.GL c. 40A, § 3. • The primary and dominant use of the property is growing grapes, harvesting grapes, and the production of wine. Accordingly, such use is consistent with the goals of MGL, c,40A, §3. • There are also proposed accessory uses to the winery, as specifically discussed in your August 26, 2025 Final Supplemental Memorandum: "private wine tasting events;" "overnight farm winery stays;" and associated, on-site "parking" of which are all bona fide accessory uses that are components of the winery, and support and "facilitate the functioning" of the winery. For this findings rely on Hume Lake Christian Camps, Inc. v. Planning Board of iVlonerey, which states that there is no requirement that a proposed use be intrinsically a "dover use" (in this case an agricultural use), but rather, the clover exemption can "also encompass a variety of accessory uses that, while not inherently [agriculture] in nature," are of a broader agricultural project, and facilitate the functioning of that project, See: Hume Lake Christian Camps, Inc. v. Planning Board of Monterey, 492 Mass. 188, 196 (2023). Here, the wine tasting events and overnight stays, as well as the on-site parking, are all inextricably connected to and supportive of the winery business. The primary purpose of these accessory uses is to be part of an overall winery business, in the same way that "'a church parking lot' can be said to serve a religious purpose, . . . [or] a snaclt bar on a school's softball field may serve an educational purpose." Id. For example, the overnight stays are part of a wine tasting or wine purchasing pacltage. The parking is only for those attending wine tasting and wine purchasing events. As the goal of the farm is to sell wine, each of these accessory uses has the same primary goal. Although not specifically addressed in your August 26, 2025 "Final Supplemental Memorandum.," there were other small-scale celebratory events discussed in your presentation and some of your other materials, The events discussed included bridal showers, wedding showers, rehearsal dinners, and weddings. So long as the overarching purpose behind each of these events is the promotion of the winery and the sale of your wine, such events and activities will also fall under the protection of Dover as accessory uses. ® All of these events are limited in their maximum capacity to: 83 persons seated or 99 persons standing, In either case there is a maximum of 35 parking spaces, as detailed on the submitted Parking Plan, • All primary and accessory uses must still fully satisfy other licensing requirements for noise, liquor, or health and safety. Accordingly, entertainment licenses, state and local alcohol licenses, and state building code permits, and North Andover by--laws pertaining to food and health inspections all apply to their full extent. 2 Limitations: My findings and application of the Dover Amendment are not absolute. l specifically reserve the right to amend my determination based on the following: * the accuracy of all materials submitted to myself and to the planning Board; * that the project regains subject to reasonable regulations concerning the bulk and height of structures, and determining yard sizes, lot area, setbacks, open space, parking, and building coverage requirements; * the project must also comply with all other applicable state building codes and any local regulations determined to be reasonable; * that the project be processed according to the limited site plan review process applicable to ❑over Amendment uses in North Andover's zoning by-laws; Conclusion of Determination: Pursuant to MGL c. 40A, § 3,the proposed project is exempt from local zoning bylaws that would ❑therwise may prohibit, regulate, or restrict its use. As such, the petitioner's application may proceed under a limited site plan review. This determination may be appealed to the local zoning Board of Appeals by an aggrieved party within 3D days of the filing of this letter. Sincerely, ul Hutchins, Building Commissioner 3 TH OMSO N R E i';`SFR 5 NORTH... History Folders My links Notifications Cocounsel Sign out ESTLAw PRECISION Parallel Search All content Enter terms,citations,databases,questions,anything... Massachusetts 3 Advanced Hume Lake Christian Camps, Inc.v. Planning Board of Monterey Supreme Judicial Court of Massachusetts,Suffolk. - June 7,2023 - 492 Mass.188 . 210 N.E.3d 379 (Approx.19 pages) Document Filings(4) Negative Treatment(0) History(2) Citing References(32 Cited with(58) Table of Authorities 1=ullscreen Go Download original image(PDF) JG?� 492 Mass.188 Supreme Judicial Court of Massachusetts, Notes Suffolk. Outlines HUME LADE CHRISTIArN CAMPS, INC. V• Quick PLANNING BOARD OF MONTEREY. Check SJC-13365 Argued February 6,2023 Decided June 7,2023 Synopsis Background:Nonprofit Christian organization appealed planning board's denial of its application to build a recreational vehicle(RV)campground on its property,contending the proposed campground fell within Dover Amendment's limits on the ability of municipalities to"regu[ate or restrict the use of land or structures for religious purposes"The Land Court Department,Berkshire County,Rubin,J., 2022 wl_.1256666,entered judgment in part for organization.Board appealed, and organization cross-appealed.The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Holdings:The Supreme Judicial Court,Gaziano,J.,held that; 1 primary or dominant purpose of housing families at proposed RV campground would be to serve organization's religious mission; 2 primary or dominant purpose of housing volunteers and seasonal staff at RV campground would be to facilitate the operation,maintenance,and improvement of organization's religious family camp;and 3 primary or dominant purpose of religious family camp was to serve organiization's evangelical mission,rather than recreation. Vacated in part and remanded. Procedural Postures):Can Appeal;Review of Administrative Decision. West Headnotes(15) Zoning and Planning ` 4141089 Churches and religious uses Purpose of the Dover Amendment limiting the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes"is to foreclose the local exercise of preferences as to what kind of educational or religious uses wit[be welcome.Mass.Gen. Laws Ann.ch.40A,§3. +CoCounsel �` Zoning and Planning ram'°' 4141t1089 Churches and religious uses The Dover Amendment,which limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"honors legitimate municipal concerns that typically find expression in local zoning Laws by authorizing a municipality to adopt and apply reasonable regulations concerning bulk,dimensions,open space and parking to land and structures forwhich a protected use is proposed.Mass.Gen.Laws Ann,ch.40A,§3. Zoning and Planning Q 4141t1089 Churches and religious uses Just because an entity is a religious organization that qualifies for exemptions under the DoverAmendment,which limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"it does not follow necessarily that the entity uses its land or structures for a religious purpose.Mass.Gen.Laws Ann.ch,40A,§3. Zoning and Planning 4141t1089 Churches and religious uses To determine whether a proposed use of land or structures is exempt under the DoverAmendment,which limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"the court undertakes two related,and at times overlapping,inquiries:first,the court asks whether the proposed use has as its bona fide goal something that can reasonably be described as religiously significant,and second,the court considers whether the religiously significant goal is the primary or dominant purpose for which the land orstructures will be used.Mass,Gen.Laws Ann,ch.40A,§3. 1 Case that cites this headnote FqZoning and Planning 4141<1089 Churches and religious uses The primary or dominant purpose requirement of the Dover Amendment,which limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"ensures that an ostensibly religious purpose is not mere window dressing for a nonexempt use.Mass.Gen.Laws Ann.ch.40A,§3. aZoning and Planning ` 4141<1.656 De novo review in general Whether a proposed use of land or structures is exempt underthe Dover Amendment,which limits the ability of municipalities to "regulate or restrict the use of land or structures for religious purposes,"is a mixed question of law and fact reviewed de nova Mass.Gen. Laws Ann.ch.40A,§3. 1 Case that cites this headnote aZoning and Planning F 4141<1089 Churches and religious uses When considering whether a proposed land use has as its bona fide goal something that can reasonably be described as religiously significant and whetherthe religiously significant goat is the primary or dominant purpose forwhich the land or structures wilt be used, and thus whether a proposed use is exempt under the Dover Amendment,which limits the ability of municipalities to"regulate or restrict the use of land orstructures for religious purposes,"the focus is on the proposed use of the land orstructure,rather than on the land or structure itself.Mass.Gen.Laws Ann.ch.40A,§3. 1_1 Case that cites this headnote Zoning and Planning ;.< 414k1.089 Churches and religious uses Court does not take a piecemeal approach to inquiries into whether a proposed land use has as its bona fide goal something that can reasonably be described as religiously significant and whether the religiously significant goal is the primary or dominant purpose for which the land or structures will be used,and thus whether a proposed use is exempt underthe DoverAmendment,which limits the ability of municipalities to"regulate❑r restrict the use of land or structures for religious purposes";rather,court asks whetherthe land or structure as a whole is to be used for religious purposes,Mass.Gen.Laws Ann.ch.40A,§3. 1 Case that cites this headnote Zoning and Planning L_<>~ 4141089 Churches and religious uses Term"religious purposes,"as used in DoverAmendment limiting the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"encompasses more than just typical religious uses,such as worship or religious instruction;it covers any use,the primary or dominant purpose of which is to aid a system of faith and worship,Mass.Gen,Laws Ann.ch.40A,§3. 4 Constitutional Law "' 921<1402 Religious organizations CoCou nsel Zoning and Planning ` =°' 4101.089 Churches and religious uses ' In determining whether-a particular use of land or structures serves a religious purpose within the meaning of the DoverAmendment, which limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"the court avoids making judgments as to whether a proposed use constitutes a necessary element of a particular religion,as that wou[d constitute an area of inquiry that the Fi rst Am e n d m ent to the United States Constitution prohibits.U.S.Const.Amend.1;Mass.Gen.Laws Ann.ch.40A,§3. 1 Zoning and Planning `= - 4141<1.089 Churches and religious uses The religious purposes exemption of the Dover Amendment,which limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"does not require that a proposed use be intrinsically religious 1n order to serve a religious purpose;rather,the exemption also encompasses a variety of accessory uses that,while not inherently religious in nature,are components of a broader religious project,and that facilitate the functioning of that project.Mass.Gen.Laws Ann.ch.40A,§3. Rz Zoning and Planning 'a 4141089 Churches and religious uses Primary or dominant purpose of housing families at nonprofit christian organization's proposed recreational vehicle(RV)campground would be to serve organization's religious mission by strengthening attendance at religious family camp program,and thus RV campground fell within Dover Am endment's limits on the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes";families would reside at the RV campground solely to attend the family camp program,RV campground would present a less costly housing alternative and render family camp program more affordable,and RV campground also would aid the family camp program by allowing families to engage in scheduled religious discussions and spiritual reflection,and would thus strengthen the family camp program.Mass.Gen.Laws Ann.ch.40A,§3, Zoning and Planning tL)7'� 41.4k.1089 Churches and religious uses A use of land or structures can serve a"religious purpose"within the meaning of the DoverAmendment,which limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes,"without itself being a form of religious practice. Mass.Gen.Laws Ann.ch.40A,§3. [74] Zoning and Planning !Z;� 4141t1089 Churches and religious uses Primary or dominant purpose of housing volunteers and seasonal staff at nonprofit Christian organization's proposed recreational vehicle (RV)campground would be to facilitate the operation,maintenance,and improvement of organlzation's religious family camp,and thereby support organization's religious mission,and thus RV campground fell within Dover Amendment's limits on the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes";volunteers and season a[workers would reside at the RV camp in order to assist in maintaining the camp's property and operating its programs,and allowing them to stay at the RV camp would both entice workers who traveled by RV as well as free up other-beds at camp for paying families.Mass.Gen,Laws Ann.ch.40A,§3. F 51 Zoning and Planning ` 4141089 Churches and religious uses Primary or dominant purpose of religious family camp was to serve nonprofit Christian organization's evangelical mission,ratherthan recreation,and thus recreational vehicle(RV)campground for camp felt within Dover Amendment's limits on the ability of municipalities to"regulate or restrict the use of[and or structures for religious purposes";camp attendees were required to participate in two chapel sessions each day and to receive religious instruction,camp's guest retreats were available only to organizations that agree to abide by a schedule that included religious components,nonbelievers were allow to attend camp programs in the service of proselytization,and recreational activities boosted interest in the camp's religious offerings.Mass.Gen.Laws Ann.ch.40A,§3. Zoning,Exemption,Religious use,By-law.Religion. CIVIL ACTION'commenced in the Land Court Department on August 9,2019, The case was heard by Diane R.Rubin,J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Attorneys'and Law Firms Donna M,Brewer for the defendant. Alexandra H.Clover,Great Barrington,forthe plaintiff. + ooull5i Kate Moran Carter,Ryan Douglas Grondahl,Kathleen M.Heyer,Nicholas P.Shapiro,&Taylor N,Lee,Boston,for Real Estate Bar Association for Massachusetts,Inc.,&another,amici curiae,submitted a brief. Present:Budd,C.J.,Gaziano,Lowy,Cypher,Kafker,vllendlandt,&Georges,JJ. opinion GAZIANo,J. *188 in this case we must decide whether the plaintiff's proposal to build a recreational vehicle(RV)camp on its campground is an exempted use within the meaning of the Dover Amendment,G.L,c.40A,§3.The Dover Amendment limits the ability of municipalities to"regulate or restrict the use of land or structures for religious purposes...on land owned or leased by...a religious sect or denomination,"Id.The plaintiff,Hume Lake Christian Camps,Inc.(Hume),is a nonprofit Christian organization that operates camps in service of its mission to"evangelize the world"Hume operates a camp in Monterey and 1 ' '*189 provides to camp attendees chapel sessions,religious instruction,and opportunities for spiritual reflection,as well as secular recreational activities.Hume applied to the defendant planning board of Monterey(board)to build an RV camp on the grounds of its Monterey property.The RV camp would be used to house families who attend camp sessions,as well as volunteers and seasonal staff who perform a variety of duties at the camp.The board denied Hume's application,on the ground that the RV camp would not be an exempt religious use under the terms of the Dover Amendment. Hume appealed to the Land Court from the board's denial of its application.Following a trial over three separate days (including a view),in April 2022 a Land Court judge decided that residences for family attendees at the RV camp would serve a predominantly religious purpose and therefore would be exempt under the Dover Amendment.The judge also concluded ..... **383 that housing volunteers and seasonal staff at the RV camp would serve a financial,rather than a religious,purpose and accordingly would not be exempt under the Dover Amendment.The board appealed to the Appeals Court,and Hume filed a cross appeal.We then transferred the case to this court on our own motion,We conclude that,because Hume's proposal to build an RV park has as its primary or dominant purpose a religiously significant goal,the RV park would be an exempt religious use. 1.Background.We recite the facts based on the trial judge's findings and the parties'stipulation of facts,reserving some facts for later discussion. a.Hume Lake Christian Camps.Hume was founded in 1946 and is based in California.It describes itself as a nondenominational,conservative,evangelical Christian organization that unites different denominations that all share an evangelical Christian faith.Hume's fundamental mission is to"evangelize the world."Its mission statement provides: "We desire that each person coming into contact with this global ministry will accept Jesus Christ as their personal savior; grow in their faith and Christian character development;establish the priorities of prayer,Bible study,and Christian Fellowship while associating with the local church;devote their lives in service to our Lord Jesus at home and abroad.we will continue to emphasize ministries to youth" j'*190 Hume carries out this mission through its"camping ministry." Hume runs camps at three permanent locations,two in California and the third in Massachusetts.It operates its camps according to its interpretation of Christian scripture,which is set forth in its statement of beliefs.Hume is governed by a board of directors of from twelve to fifteen members.Under Hume's bylaws,board members must meet the requirements for elders as set forth in the Bible,in Peter 5:1-4 and Timothy 3:1-7.The Internal Revenue Service has recognized Hume as a religious charity under 26 U.S.C.§170(b)(1)(A)(i),and as a nonprofit organization under§501(c)(3)of the Internal Revenue Code. The judge's findings in large part were based on the testimony of two individuals who were employed by Hume at the time of trial.At that time,Lenny Harris was Hume's director for ministry expansion,and John Szablowski was the senior camp director at Hume's Monterey camp,otherwise known as Hume New England(Hume NE).Harris and Szablowski each testified that Hume's mission is"to teach spiritual principles and to tell people the good news of the Bible in the setting of nature,in the setting of camping."The judge credited both men as having sincerely held beliefs consistent with Hume's statement of beliefs, and a commitment to sharing their beliefs with others through the work of Hume.2 1**384 b.Hume NE.Hume first acquired the Hume NE campground in 2012.At the time than 400 acres of land.Its property included a number of small buildings,as well as a +CoCounsel residential lodges with gathering spaces,and a small and a large chapel.The smaller buildings served as housing,as well as ` 4aces for activities,storage,and a snack shop. In order to ensure that its camp furthered Hume's religious mission,Hume NE required that all staff,including seasonal F 91 employees,agree to and sign Hume's statement of beliefs.Job postings for counsellors and food service assistants stated that applicants had to agree"with the theological positions,philosophy,and policies of[Hume]."Szab[owski was responsible for determining whether each job applicant sufficiently was committed to the statement of beliefs to work at the camp. Szab[owski testified that,as part of this process,he asked each applicant whether he or she had been baptized as"public declaration of their faith" Hume NE,which earns income from camper fees,concession sales,and donations,does not generate enough revenue to cover its operating costs.To compensate for an annual deficit of approximately one--third of its operating expenses,the camp has received a substantial amount of financial support from Hume,its parent organization.Additionally,in order to save money, Hume NE relies on the services of volunteers.Volunteers assist with operations,maintenance,and new projects.Hume provides volunteers with housing and free meals in exchange for their[abor.Volunteers are not required to sign the statement of beliefs,nor must they agree with Hume's religious precepts. Hume NE does not host secular corporate retreats or private events on its property.Rather,its campground and facilities are available for use only to campers who attend one of its two types of programs,"program camps"and"guest retreats"As of the date of trial,over sixty--five different churches,serving approximately 4,800 campers,had participated in one of these programs.Another approximately sixty campers had participated as individuals,without any church group. Program camps are youth camps that typically run for one-week sessions during the summer,and on weekends during the winter.Each year,Hume NE hosts five summer program camps and approximately six winter program camps.Hume NE provides food and lodging to program camp attendees and controls the entire camp experience.This includes religious instruction,twice-daily chapel sessions,performances by worship bands,and recreational activities such as canoeing, basketball,hiking,and ax throwing.Hume views the camp's recreational activities as an important means of attracting interest in attending the camp.Campers also participate in breakout sessions to discuss the morning chapel session with their counsellors,aided by written materials provided by Hume.Hume develops a biblical theme each year for its program camps, with input from youth pastors,1 2 in order to connect with youth and encourage them toward faith.Each theme is reviewed and approved by a credentialed theologian. when a church arranges to participate in a program camp,it typically brings its own congregation members,including adult counsellors.Individual campers who do not sign up for program camps through a church are placed with Hume NE's independently hired counsellors.Hume NE F385 does not require attendees at program camps to sign the statement of beliefs or to profess a belief in Hume's tenets.Attendees,however,must engage in al[activities,including chapel sessions. Szablowski explained that these policies are in service of Hume's mission to bring religious faith to non be[levers. Guest retreats take p[ace on weekends approximately forty weeks each year.Hume NE rents out its facilities to participating organizations,such as churches,ministries,and mission organizations,which in turn provide their own speakers,worship bands,and activities.Individuals attend guest retreats through these organizations.Hume NE provides staffing,lodging, meals,and recreation.Each organization participating in a guest retreat is required to allow a representative of Hume NE to make a presentation and to share Hume's ministry with the group. Szablowski testified that he personally screened all groups interested in guest retreats to ensure that their beliefs were aligned with Humes tenets.He discussed the statement of beliefs with each groups ministry leader,required each group to sign both the statement of beliefs and a guest group contract,and ensured that each group's schedule included religious components, such as chapel sessions.while organizations must do so,individual attendees at guest retreats are not required to sign the statement of beliefs,so as not to dissuade nonbelievers from attending. c.RV camp proposal.In May 2019,Hume submitted to the board an application for site plan review forthe construction of an RV camp on HumeNE'sgrounds.In its application,H u m e d escri bed th e p ro posed p roject as a twelve-space camp to accommodate"temporary travel trailers,motorhomes,tents,and seasonal staff housing trailers"These sites would be located in an area somewhat distant from the rest of the campground,but within walking distance of the other facilities.The application explained that,"[a][though permanent buildings are part of Hume New England,they are significantly more expensive and require much more construction activity over a longer period of time," + +CoCounsei �*193 As setforth in the application,the RV camp would be used by three distinct groups of individuals,for three distinct purposes.First,Hume proposed to use the RV camp for a new family camp program,which would provide families with a Christian camp experience while allowing them to remain in their own RVs.3 In addition,Hume proposed that the RV camp would be used to house volunteers working at Hume NE.Finally,Hume's application proposed that the RV camp would be used to house seasonal,temporary staff during the summer months. d.Monterey's zoning bylaw.Under Monterey's zoning bylaw,"[a]ny non--municipal educational use or any religious use is subject to site plan review by the[board]."The bylaw provides that"[n]o dwelling,structure or land or any part thereof shall be used for any purpose unless authorized."The principal use of a"[t]railer or mobile home park"is prohibited in all zoning districts in Monterey. 2.Procedural background.in July 2019,the board sent a letter denying Hume's application to construct the RV camp.The decision explained:"After careful consideration,the board voted at the meeting of 7/11/19 to reject the site plan on the grounds that the trailer park is not a t**386 customary religious use and should not fall under the umbrella of the Dover Amendment."The decision also stated;"The next step is to get clarification from the Mass.Land[C]ourt on this matter for.,. future planning clarity." Hume timely appealed by filing a complaint in the Land Court.The parties agreed that there were two issues to be decided at trial;(1)whether Hume qualified for a religious use exemption in connection with Hume NE,and(2)whether Hume's proposed construction of an RV camp at Hume NE would be exempt from the zoning bylaw pursuant to C.L.c.40A,§3.In an agreed statement of facts filed in the Land Court,the parties agreed that Hume"is a non--profit organization professing dedication to the ministry of Christianity,with a particular emphasis on providing Christianity--based programs for all ages." Prior to trial,the judge conducted a view of Hume's property.Trial proceeded by electronic audio--visual conference on April 13 and 14,2021.In April 2022,the judge issued a decision finding that Hume NE has a religiously significant goal that is the primary or dominant purpose for which the campground is used.�i*194 The judge overturned on this basis the board's determination that use of the RV camp for campers at the family camp program was not protected by the Dover Amendment. With respect to Hume's proposal to house volunteers and seasonal staff at the RV camp,however,the judge found that the board's decision was supported by the evidence at trial.The judge concluded that Hume's purpose in allowing volunteers and seasonal staff to use the RV camp was primarily financial and that,hence,such use would not be protected under the Dover Amendment, 1 2 3.Discussion,The Dover Amendment precludes a town or other municipality from adopting a zoning ordinance or bylaw that"prohibit[s],regulate[s]or restrict[s]the use of land or structures for religious purposes or for educational purposes on land owned or leased by...a religious sect or denomination,or by a nonprofit educational corporation."C.L,c.40A,§3. See Martin v.Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter day Saints,434 Mass,141,147,747 N.E.2d 131(2001)(religious purposes);Trustees of Tufts College v.Medford,415 Mass.753,757,616 N.E.2d 433(1993) (educational purposes).The Legislature has imposed this limitation in order to foreclose the"local exercise of preferences as to what kind of educational or religious uses will be welcome."See Newbury Jr.College v.Brookline,19 Mass.App.Ct.197, 205,472 N.E.2d 1373(1985).By the same token,however,the Dover Amendment"honor[s]legitimate municipal concerns that typically find expression in local zoning laws"by"authoriz[ing]a municipality to adopt and apply`reasonable regulations' concerning bulk,dimensions,open space and parking,to land and structures for which a[protected]use is proposed," Trustees of Tufts College,supra. The board argues that the judge erred in holding that the use of the RV camp to house families would be exempt under the Dover Amendment.Hume argues instead that the judge erred in holding that the housing of volunteers and seasonal staff in the RV camp would not be exempt.To address these arguments,we first must inquire whether the Dover Amendment's exemptions apply to Hume.See Gardner-Athol Area Mental Health Assn v.Zoning Bd.of Appeals of Gardner,401 Mass.12,15- 16,513 N.E.2d 1272(1987)(plaintiff was entitled to DoverAmendment protections because it was nonprofit educational corporation).The Land Court judge answered this question in the affirmative,concluding�k**387 that Hume is a religious organization entitled to the protections of the DoverFl95 Amendment.The board does not contest this finding on appeal. See Regis College v.Weston,462 Mass.280,284,968 N.E.2d 347(2012). 3 4 a 6 This,however,does not settle the matter.Just because an entity is a religious organization that qualifies for Dover Amendment exemptions,it does not follow necessarily that the entity uses its l + y See Shrine of Our Lad of La Salette Inc.v,Assessors of Attleboro 476 Mass.690 700 +cocounse[ whether a proposed use of land or structures is exempt,we undertake two related--and at times overlapping--inquiries. :1Fiist,we ask whetherthe proposed use has as its"bona fide goal something that can reasonably be described as"religiously significant.See Regis College,462 Mass.at 285,968 N.E,2d 347.Second,we consider whether the religiously significant goal is the"`primary or dominant'purpose for which the land or structures will be used."Id.,quoting WhitinsyiIle Retirement Spey, Inc.v.Northbridge,394 Mass.757,760,477 N.E.2d 407(1985).The primary or dominant purpose requirement ensures that an ostensibly religious purpose is not"mere window dressing"for a nonexempt use(quotation omitted).See Regis College,supra at 287,968 N.E.2d 347.Whether a proposed use of land or structures is exempt underthe Dover Amendment is a mixed question of law and fact,which we review de nova.See McLean Hosp.Corp.v.Lincoln,483 Mass.215,219,131 N.E.3d 240 (2019)(Dover Am endmentanalysis is mixed question of law and fact);McCarthy.v.SladeAssocs.,Inc.,463 Mass.181,190)972 N.E.2d 1037(2012)("[m]ixed questions of law and fact...generally receive de novo review"[citation omitted]). 7 In undertaking these inquiries,our focus is on the proposed use of the land or structure,rather than on the land or structure itself.See Worcester County Christian Communications,Inc.v.Board of Appeals of Spencer,22 Mass.App.Ct.83,87, 491 N.E.2d 634(1986).In McLean Hosp.Corp.,483 Mass.at 215-216,131 N.E.3d 240,for example,the plaintiff proposed to use its land for a"residential program for adolescent males,"and argued that such a use warranted exemption under the Dover Amendment because its purpose was educational.We concluded that,even though the facilities in which the program would be housed did not resemble a"traditional school[]"or"college[],"the proposed program nonetheless had a predominantly educational purpose,because the facilities would be used to"teach[],..participants the skills necessary for their success" (citation omitted).Id.at 220,225,131 N.E.3d 240.See Worcester County Christian Communications,Inc.,supra(radio station, depending on its content,can serve educational purpose). g ; 1*196 We do not take a piecemeal approach to these inquiries.Rather,we ask"whether the[land or]structure as a whole is to be used for religious purposes"See Martin,434 Mass.at 149--150,747 N.E.2d 131.In Martin,supra at 150 n.19,747 N.E.2d 131,for example,the judge inquired whether each of the particular rooms of a temple independently served a religious purpose.We held that this"sort of particularized inquiry...is inappropriate."Id. 9 10 In addition,"religious purposes"encompass more than just."typical"religious uses,such as worship or religious instruction.See Shrine of Our Lady of La Salette Inc.,476 Mass,at 697,71 N.E.3d 509.The religious purposes exemption covers any use the primary or dominant purpose of which is to"aid...a system of**388 faith and warship"(citation omitted).See Martin,434 Mass.at 150,747 N.E.2d 131.See also Regis College,462 Mass.at 285,968 N.E.2d 347("We have refused to limit DoverAmendment protection to traditional or conventional educational regimes").Notably,in determining whether a particular use of[and or structures serves a religious purpose,we avoid making judgments as to whether a proposed use constitutes a"necessary element"of a particular religion,as that would constitute"an area of inquiry that the First Amendment to the United States Constitution prohibits."See Martin,supra. 11- We emphasize that the religious purposes exemption does not require that a proposed use be intrinsically religious in order to serve a religious purpose.Rather,the exemption also encompasses"a variety of accessory uses"that,while not inherently religious in nature,are components of a broader religious project,and that facilitate the functioning of that project. See Needham Pastoral Counseling Ctr.,Inc.v. Board of Appeals of Needham,29 Mass,App,Ct.31,37,557 N.E.2d 43(1990).We have suggested,for instance,that a"church parking lot"can be said to serve a religious purpose.See Martin,434 Mass.at 149, 747 N.E.2d 131.Similarly,a snack bar on a school's softball field may serve an educational purpose.See Bible Speaks v.Board of Appeals of Lenox,8 Mass.App.Ct.19,30,34,391 N.E.2d 279(1979). We conclude that the proposed RV camp would have as its primary or dominant purpose a religiously significant goal,and so would be exempt under the Dover Amendment.See Regis Colleges 462 Mass.at 284,968 N.E.2d 347.We reach this conclusion because,under Hume's proposal,the purpose of the RV camp would be to facilitate the operations of and strengthen attendance at Hume NE,whose mission is to cultivate religious practice and spiritual growth.We note that the judge erred by inquiring into whether,**197 each individual use of the RV camp would be exempt under the Dover Amendment.Rather,the RV camp is a single structure and therefore is subjected to a single instance of the religious purpose test.See Martin,434 Mass. at 149-150&n.19,747 N.E.2d 131.We begin by discussing the housing of family attendees at the RV camp. .12 a.Use of RV camp for family camp program.We conclude that the primary or dominant purpose of housing families at the RV camp would be to serve Hume's religious mission by strengthening attendance at the proposed family camp program.The judge found that the family camp program would be centered around Hume's evangel' religious instruction interspersed with recreational activities throughout each day.In CoCounsel g p g y opportunities for intrafamily religious discussions.The judge determined that the goal of the program is to promote the spirituality of the family unit.See Regis Collegg,462 Mass.at 292-293,968 N.E.2d 347(fact finder permissibly could conclude that program served educational purpose on basis of plaintiff's affidavits about program's goals), Under Hume's proposal,families would reside at the RV camp solely to attend the family camp program;families not in attendance at the program would be excluded from the campground.Contrast Lasetl Village,Inc,v.Assessors of Newton,67 Mass.App,Ct.414,420,423,854 N.E.2d 119(2006)(dominant purpose of retirement community was not educational in part because"residents were not required to devote a substantial portion of their time to educational pursuits"),Moreover,Hume anticipates that,by permitting families to bring their own RVs,the RV camp would present a less costly alternative to[**389 staying at one of the camp's lodges,rendering the family camp program more affordable.The RV camp also would aid the family camp program by serving as a location at which families would be expected to engage in scheduled religious discussions and spiritual reflection.See Needham Pastoral Counseling Ctr.,Inc.,29 Mass.App,Ct.at 33,557 N.E.2d 43.The RV camp would thus strengthen attendance at and participation in the family camp program,in accordance with Hume's mission to"invest in the spiritual life.,.of the family."See Regis College,462 Mass.at 281,292-293,968 N.E.2d 347(residential facilities may serve educational purpose if residents engage in educational activities), 13 The board maintains that families'use of the RV camp would not serve a religious purpose because staying in a trailer home is *198 not a religious activity.This argument applies the religious purposes test too narrowly.See Martin,434 Mass,at 1493 747 N.E.2d 131.As discussed,a use of land or structures can serve a religious purpose without itself being a form of religious practice.See id,at 150 n,19,747 N.E.2d 131,Cooking food,for example,in itself may not be a religious activity,but a kitchen nonetheless serves a religious purpose if it is used to feed the members of a congregation.See id.at 149µ1503 747 N.E.2d 131.Likewise,under Hume's proposal,the RV camp would provide lodging to families so that they could attend a religious camp program,See Matter of Hapletah v.Assessor of Fallsburg,79 N.Y.2d 244,250--251,582 N.Y.S.2d 54,590 N.E.2d 1182(1992)("If petitioner was unable to provide residential housing accommodations to its faculty,staff,students and their families,its primary purposes of providing rigorous religious and educational instruction at the yeshivah would be seriously undermined"}. Having determined that the purpose of housing families at the RV camp would be to advance Hume's religious mission,we next turn to whether the same can be said for the housing of volunteers and seasonal workers at the RV camp. 14 b.Use of RV camp to house volunteers and seasonal workers,Hume contends that the primary or dominant purpose of housing volunteers and seasonal staff at the RV camp would be to facilitate the operation,maintenance,and improvement of Hume NE,and thereby supports Hume's religious mission.We agree. The judge found that volunteers are a"critical part of the business model of Hume NE"and are"heavily relied upon"to perform work such as assisting with outdoor projects and maintenance.At the time of trial,Hume NE was annually hosting approximately 200 volunteers,each of whom stayed at the camp anywhere from one day to one week or longer.Szablowski testified that having two volunteers stay in an RV at Hume NE for eight weeks during the summer would save the camp approximately$8,600 annually. In housing volunteers at the RV camp,Hume's goat is for Hume NE to benefit from their labor.Under Hume's proposal,the RV camp would provide volunteers with"a place to stay when permanent housing is not available due to the camp being otherwise full"In addition,Harris testified that groups of Christian volunteers sometimes travel together in their RVs and work in exchange for the use of a vamp's RV site;the RV camp therefore could entice itinerant volunteers to donate their tabor to the camp. The same reasoning applies to Hume's proposed use of the RV camp to house seasonal staff during the summer.Seasonal staff at *199 Hume NE,a category that includes camp counsellors,kitchen staff,and grounds people,perform work that is **390 necessary to the vamp's operations,See Shrine of Our Lady of La Salette Inc.,476 Mass,at 697,71 N.E.3d 509(cafeteria and bistro were"connected with religious worship"because"[p]ilgrims and visitors who spend hours at the shrine need to eat and drink"[quotation and citation omitted]),See also Bible Speaks,8 Mass.App.Ct.at 30,391 N.E.2d 279("feeding and housing of college personnel"serve educational purpose).Furthermore,according to Hume's application,by providing supplemental housing to workers during the summer,the RV camp would allow Hume NE to use its limited number of beds for paying campers rather than for staff,expanding the capacity of the camp. Because Hume NE exists to advance Hume's religious mission,it follows that the pure + workers at the RV cam is a religiously significant goal.See Needham Pastoral Counse +cocounsel p g Y g N.E.2d 43(accessory uses maybe encompassed by religious purposes exemption).The judge held otherwise,finding that even thjugh Hume NE has a predominantly religious purpose,volunteers'tasks are nonetheless"secular in nature"and"bear no relation to Hume's religious mission other than reducing Hume NE's operating costs."As discussed,however,this application of the re[igious purposes testis too narrow.A religious organization may depend upon secular tasks,such as the provision of food and housing,in order to operate effectively.See Shrine of Our Lady of La Salette Inc.,476 Mass.at 697,71 N.E.3d 509.See also Corporation of the Presiding Bishop❑fthe Church of Jesus Christ of Latter Day Saints v.Ashton,92 Idaho 571,574-575, 448 P.2d 185(1968),quoting Matter of the Community Synagogue v.Bates,1 N Y.2d 445,4533 154 N.Y.S.2d 15,136 N.E.2d 488 (1956)("To limit a church to being merely a house of prayer and sacrifice would,in a large degree,be depriving the church of the opportunity of enlarging,perpetuating and strengthening itself and the congregation").If each use of land or structures itself had to be a"religious"use,it would be virtually"impossible"for any organization to benefit from the Dover Amendment's religious purposes exemption.See Martin,434 Mass.at 149,747 N.E.2d 131. This court's broad understanding of what constitutes a"religious purpose"is set forth in some detail in Shrine of Our Lady-of La Salette Inc.,476 Mass.at 695,71 N.E.3d 509.There,a religious organization sought a tax exemption for a maintenance i building that stored maintenance vehicles and equipment used to maintain its 1*200 property,as well as religious items.See id.We concluded that the maintenance building had a dominant purpose that was"connected with religious worship and instruction,"because"maintainingthe shrine and its grounds...is connected with the religious worship and instruction offered at[the property]"See id.at 699-700,71 N.E.3d 509.Here,similarly,volunteers and seasonal workers would reside at the RV camp in order to assist in maintaining the camp's property and operating its programs.Accordingly,this use of the RV camp would be connected to the camp's religious purpose. The board argues that the judge properly affirmed the denial of Hume NE's application because,as the judge reasoned,Hume NE is primarily motivated to house volunteers and seasonal staff at the RV camp in order to defray costs,rather than for religious purposes.This is because,the board maintains,as Szablowski testified,housing workers at the RV camp would allow Hume NE to avoid the costs associated with constructing more permanent buildings. F';'39TThis argument misconstrues the religious purposes test.The board focuses on Hume NE's decision to house workers in RVs rather than in permanent housing.The focus of this court's ana[ysis,however,has never been on an organization's reason for choosing one means of pursuing its goals rather than another.See Martin,434 Mass.at 150,747 N,E.2d 131(once it is determined that sacred ceremonies are conducted in temples,"[n]o further inquiry as to the applicability of the Dover Amendment[to a temple]was warranted").Rather,we look to the purpose of the particu[ar use to which the land or structure is put.See id.at 1493 747 N.E.2d 131.Here,the reason that Hume NE wants to house workers in the RV camp is so that their labor may assist the camp in-carrying out its religious goals.Accordingly,this use of the RV camp would serve a religious purpose.See Worcester County Christian Communications,Inc.,22 Mass,App.Ct.at 87,491 N.E.2d 634("focus must be placed on the use of the structure"). c.Hume's religion mission.The board argues that,even if the RV camp would serve Hume NE in carrying out its operations, this would not constitute a religiously significant goat because Hume NE's primary or dominant purpose is recreation,and not religious practice. xs We disagree with the board's characterization of Hume NE's purpose.As the judge found,the primary or dominant purpose of.Hume NE is to serve Hume's evangelical mission.Harris and F2D1 Szablowski,in testimony that the judge found credible and honest statements of belief,described Hume NE's purpose as being to cultivate religious experiences for believers and nonbelievers alike.See Commonwealth v.DeMinico,408 Mass.230,244,557 N.E.2d 744(1990)("Questions of credibility are..,for the trial judge to resolve"[citation omitted]).This purpose is clearly set forth in Hume's mission statement,which articulates Hume's desire that"each person coming into contact with[Hume's]ministry will...[a1ccept Jesus Christ as their personal Savior."See Commissioner of Code inspection ofWorcesterv.Worcester Dyn_ amy,Inc.,11 Mass.App.Ct.97,99,413 N.E.2d 1151(1980)(nonprofit corporation's belief that its program serves educational goals is"entitled to due weight"). The camp's programming,which is directed and contro[led by Hume NE,bears out this purpose.See Regis College,462 Mass. at 292,968 N.E.2d 347.Program camp attendees are required to participate in two chapel sessions each day and to receive religious instruction in accordance with a biblical theme that is reviewed by a theologian.See id.(mandatory academic requirement of"two academic courses each semester"bolstered assertion that program served educational purpose). Contrast Needham Pastoral Counseling Qtr.,inc.,29 Mass.App.Ct.at 36,557 N.E.2d 43(program does not serve religious purpose in part because"[c]ounselors do not espouse to their clients any particular r guest g to organizations agree a schedule th +CoCounse( g g y According to Szablowski,he rejected at least three groups from participating in a guest retreat,two because they were secular organizations,and one because its humanist theology was inconsistent with Hume's statement of beliefs. The board maintains that,because recreation,rather than religious practice,is the primary draw for campers in choosing to attend the camp,Hume's religious mission cannot be described as Hume NE's primary or dominant purpose.The board points to Szablowski's testimony that the camp would"have a difficult time attracting *392 families"in the absence of recreational activities.The board additionally observes that campers are not required to belong to a church or profess a particular faith in order to attend the camp. We are not persuaded.Although the recreational activities"conducted on the[camp's]properties are[not]inherently religious in nature,"they nonetheless serve to promote Hume's religious goals.See *202 Maurer v.Young Life,779 P.2d 1317,1327, 1331-1332(Colo.1989)("by engaging the attention of young persons in camping activities and then directing the youths' attention to the religious meaning to be gleaned from these experiences the entire camping experience becomes a form of religious worship").As discussed,the religious purposes exemption is not limited to uses that are typical of or inherent to religious institutions.See Shrine of Our Lady of La Salette Inc.,476 Mass.at 697-698,71 N.E.3d 509.The judge found that Hume NE offers recreational activities in order to boost interest in the camp's religious offerings,as well as to cultivate an environment in which individuals are likely to develop their faith.See Cummington Sch.of the Arts,Inc.v.Assessors of Cummington,373 Mass.597,605,369 N.E.2d 457(1977)("The fact that participants spent part of their time in recreational activities would not undermine a use which is otherwise educational").See also Supervisor of Assessments of Carroll County. v,Peter&John Radio Fellowship,Inc.,274 Md.353,356-363,335 A,2d 93(1975)(children's camp was"used for religious purposes,"notwithstanding its"western frontier theme"that was used to attract young campers who were"not running with glee to hear the Gospel or[to go]to church"). Further,to the extent that Hume NE allows"nonbelievers"to attend camp programs,it does so in service of proselytization.As Szablowski testified,"if we were only to allow believers here,this would be more of a...club and not really meet that evangelistic nature."See Lutherans Outdoors in S.D.,Inc.v.South Dakota State Bd.of Equalization,475 N.W.2d 140,146(S.D. 1991)(whether purpose of summer camp is religious is not determined by"the percentage of religious society members among those who make use of the facility").Contrast Needham Pastoral Counseling Ctr.,Inc,,29 Mass.App,Ct.at36,557 N.E.2d 43(counselling program does not serve religious purpose in part because counsellors"do not proselytize"). We conclude that the primary or dominant purpose of Hume NE is to advance Hume's evangelical mission.Because all of the proposed uses of the RV camp would serve to aid Hume NE in carrying out this mission,we further conclude that the primary or dominant purpose of the RV camp would be a religiously significant goal.Accordingly,the proposed RV camp would be an exempt use under the Dover Amendment.4 �,*203�4.Conclusion.The judgment of the Land Court affirming the planning board's determination is vacated and set aside, The matter is remanded to the Land Court for entry of a judgment finding that the proposed RV park would be an exempt religious use and for further proceedings consistent with this opinion. So ordered. All Citations 492 Mass.188,210 N.E.3d 379 Footnotes 1. We acknowledge the amicus brief submitted by the Real Estate Bar Association for Massachusetts,Inc,,and the Abstract Club. 2 In his testimony,Harris summarized that statement of beliefs: "We believe that God is the creator.We believe that he created man.That man sinned,was separated from God.We believe that God sent his son,Jesus Christ,as the final sacrifice for man's sin.For those who believe in him in his name and accept him,they are,we refer tolJ as born again.They became believers,Christians,They are assured a lace in heaven.We believe that the Bible is inspired by God.It's his inerrant word.We believe that Jesus was killed,died, + V CoCounsel ascended into heaven,is there preparing a place for us,who are believers.And that one day,as believers,we will be in his s; presence." 3 The family camp program also could be used for adult camps hosted in RVs,such as men's or women's retreats. 4 Because we conclude that the RV camp is subject to the religious purposes exemption,we do not address Hume's argument that the RV camp add itionallywould serve a religious purpose by exposing volunteers and seasonal staff to opportunities for spiritual growth. End of Document (D 2025 Thomson Reuters.No claim to original U.S.Government Works. a,A;'s Contact us - Live chat * Training and support Improve Westlaw Precision/Report an error Transfer My Data Pricing guide Search Tips " .. ,43t fit+ f l l T m 19tli�:d , Sign out I-800-REF--ATTY(1_800-733-2889) Westlaw Precision. 2025 Thomson Reuters Accessibility Privacy Supptier terms Thomson Renters is not providing professional advice CoCounsel