Zoning, building permits and septic rules in Town of Tyringham, Massachusetts

Town of Tyringham’s own rules

• Local zoningPresent (with conditions)

  Land inside Tyringham town limits; the Town of Tyringham's own zoning by-laws (Section 5 intensity regulations and Section 6 special provisions) govern dimensional and use rules.

  • The document is titled 'By-Laws of the Town of Tyringham, Massachusetts' and is dated updated August 2017; no effective or adoption date is stated on the text opened.
  • Berkshire County location is taken from the town's own site (116 Main Rd., Tyringham, MA 01264); the county name is not restated in the opened PDF text.
  • Use table (Section 3) and any zoning district map were not opened.

  “section 5: intensity regulations 5.1 size, frontage, setbacks. any building or structure used for dwelling purposes or housing a principal permitted use, shall be so located on a lot as to meet the following requirements”

• Minimum lot sizeSpecified

  Dwellings and other buildings housing a principal permitted use in the agricultural residential category of Section 5.1 inside Tyringham town

  • Section 5.1 table lists one category only, agricultural residential; no other residential district is shown in the opened text.
  • Frontage minimum of 200 ft is listed in the same row.
  • Section 5.1 applies to any building or structure used for dwelling purposes or housing a principal permitted use.

  minimum lot size: >= 1 acre · minimum frontage: >= 200 ft

  “agricultural residential lot size frontage front setback rear and side setback 1 acre 200 ft. 50 ft. 30 ft.”

• SetbacksSpecified

  Dwellings and principal-use buildings in the agricultural residential category of Section 5.1 inside Tyringham town

  • Front setback is measured from the street right-of-way line where a plan of the way is on file with the registry of deeds; otherwise from a line 25 feet from and parallel with the center line of the traveled way.
  • Section 6.1.3 allows an addition to an existing non-conforming single-family residence as of right if habitable floor area increases by no more than 50 percent and the addition meets setback requirements in effect at application.

  front setback: >= 50 ft · rear and side setback: >= 30 ft

  “front setback is to be measured from the street right-of-way line where a plan of the way is on file with the registry of deeds, or in the absence of such plan from a line 25 feet from and parallel with the center line of the traveled way.”

  One more reviewed finding on this topic

  • Specified — Non-dwelling accessory structures of 250 square feet or smaller (garage, shed, outbuilding) that are not used for a dwelling unit and are of a permitted use, inside Tyringham town

    “5.4 setbacks: non-dwelling units. any structure of size 250 square feet or smaller (garage, shed, outbuilding) not used for a dwelling unit, and of permitted use, shall be so located to meet the following requirements: front setback: 50 feet side or rear set back: 10 feet maximum height above grade: 14 feet”

• Lot coverageSpecified

  Buildings on lots inside Tyringham town under Section 5.3 (building size, area, height)

  • No building may cover more than 5,000 square feet of land area.
  • Section 5.3 is not stated to apply to Section 4.1.2 or 4.1.3 uses (religious, educational and similar uses).

  maximum building coverage of lot area: <= 5 percent · maximum building footprint: <= 5000 sq ft

  “no building shall cover more than 5,000 square feet of land area. such building shall not exceed 5% of the lot area on which it is located.”

• Building heightSpecified

  Principal buildings inside Tyringham town under Section 5.3

  • Height is measured from the top of the foundation level.
  • Section 5.3 does not apply to Section 4.1.2 or 4.1.3 uses.

  maximum building height: <= 36 ft

  “the height of the building shall not be in excess of 36 feet, measured from the top of the foundation level.”

  One more reviewed finding on this topic

  • Specified — Non-dwelling accessory structures of 250 square feet or smaller under Section 5.4 inside Tyringham town

    “any structure of size 250 square feet or smaller (garage, shed, outbuilding) not used for a dwelling unit, and of permitted use, shall be so located to meet the following requirements: front setback: 50 feet side or rear set back: 10 feet maximum height above grade: 14 feet”

• Living in an RVLimited

  Travel trailer used as living quarters on a lot inside Tyringham town (Section 4.2.6)

  • The Board of Selectmen may grant a special permit under G.L. c.40A, s.9 for a travel trailer.
  • Permit not longer than one (1) year.
  • Trailer must be temporary living quarters used by the owner of the premises.
  • Owner must be in the process of constructing a dwelling as a separate structure on the lot.
  • Owner must comply with state Title 5 and Board of Health regulations; the trailer must not be injurious, offensive, or noxious.
  • The provision contains a further clause about trailers remaining on premises that was cut off in the opened text; not relied on.

  special permit term: <= 1 year

  “the board of selectmen may grant a special permit pursuant to general laws, chapter40a, section 9 and amendments thereto for a travel trailer provided: a. said permit shall not extend longer than one (1) year. b. the travel trailer is to be used as temporary living quarters by the owner of the premises. c. the owner is in the process of constructing a dwelling as a separate structure on the lot.”

• Driveway accessLimited

  Common driveways serving lots inside Tyringham town (Section 6.6)

  • Maximum length to the last fork of a common driveway is 1,000 feet.
  • A common driveway must originate on approved frontage and observe a 25-foot setback from the sideline shared with a lot not served by it.
  • Frontage on a common driveway may not be used to satisfy zoning frontage requirements.
  • Traveled way minimum width is 12 feet if under 500 feet and 15 feet if over 500 feet; the start of Section 6.6.3 was not captured in full.

  maximum common driveway length to last fork: <= 1000 ft · minimum setback from sideline shared with non-served lot: >= 25 ft

  “b. maximum length to the last fork of a common driveway shall be 1,000 feet.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Tyringham or Berkshire County directly.

• Building permit — Building permit requirement for new construction inside Tyringham town
• Owner-builder exemption — Owner-builder exemption for construction inside Tyringham town
• Building code adopted — Building code adoption for construction inside Tyringham town
• Inspections — Building inspection for construction inside Tyringham town
• Certificate of occupancy — Certificate of occupancy for new dwellings inside Tyringham town

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.