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

Town of Shutesbury’s own rules

• Local zoningPresent (with conditions)

  All land inside Shutesbury town limits (Franklin County, MA) for uses and dimensions governed by the Town of Shutesbury Zoning Bylaw

  • The bylaw cover page lists its adoption and amendment history; the most recent amendment listed is April 27, 2024.
  • Section 2.1 divides the town into four land use districts (FC, TC, RR, LW) plus a floodplain overlay district under section 8.9.
  • The zoning map is dated May 3, 2008 and is on file with the Town Clerk; section 2.1-2 makes it part of the bylaw.
  • Uses not listed in the use table are prohibited unless state or federal law precludes that prohibition (section 3.1-1).

  “for the purpose of this bylaw, the town of shutesbury is divided into the following four land use districts”

• Zoning districtsPublished (with conditions)

  Zoning districts of Shutesbury town

  • Four districts are named in the bylaw (FC, TC, RR, LW) plus the floodplain overlay; the zoning map is dated May 3, 2008 and is on file with the Town Clerk.
  • District map and boundary text were not opened; the map on file is the referenced source.

  “in addition, there shall be a floodplain overlay district as defined herein in section 8.9.”

• Minimum lot sizeDistrict specific (with conditions)

  Roadside Residential (RR) district, the main residential district, inside Shutesbury town

  • Footnote 1 to the dimensional table points to section 4.4 and article V (open space design) for additional lot-area requirements.
  • Column alignment was read from garbled text extraction; the RR column is the first district column in the table header.
  • Two-family and multifamily lots in RR require 90,000 sf for the first unit and 40,000 sf for each additional unit (section 4.4-3).

  minimum lot area (RR): >= 90000 square feet (additional area requirements under section 4.4 and article V (open space design)) · minimum road frontage (RR): >= 250 feet

  “dimensional table districts rr2 minimum lot area1 fc2 tc lw2 90,000 sf variable6 90,000sf 90,000 sf minimum road frontage 250 250 250 250”

• SetbacksDistrict specific (with conditions)

  Roadside Residential (RR) district, the main residential district, inside Shutesbury town

  • Corner lots are deemed to have two front yards and no rear yard (section 4.2-2a).
  • Accessory structures must meet principal-building setbacks, with a special-permit exception from the zoning board of appeals (section 4.2-2b).

  minimum front yard setback (RR): >= 75 feet · minimum side yard setback (RR): >= 25 feet · minimum rear yard setback (RR): >= 25 feet

  “minimum front yard setback3 75 75 20 20 minimum side yard setback3 25 25 20 15 minimum rear yard setback3 25 25 20 15”

• Building heightDistrict specific (with conditions)

  Roadside Residential (RR) district, the main residential district, inside Shutesbury town

  • Height exceptions are in section 4.3-2 (not read).
  • Height values were read from garbled table text; 35 feet is the first value in the row and is assigned to RR.

  maximum height (RR): <= 35 feet (height exceptions in section 4.3-2)

  “35 35 35 28 maximum height5 all dimensions in feet unless otherwise indicated.”

• Accessory dwellingsLimited

  Accessory apartments on lots inside Shutesbury town under zoning bylaw section 4.4-2

  • Accessory apartments on a shared driveway are limited by the number of dwelling units served by that driveway (example in the bylaw: none on a driveway serving six lots).
  • Section 4.4-2 does not change dimensional requirements for single-family dwellings and accessory structures.
  • Proposed 2025 accessory dwelling amendments were not verified as adopted; the captured text is the April 27, 2024 version.

  “one accessory apartment per lot may be allowed after site plan review by the zoning board of appeals”

• Who permits septicMixed (with conditions)

  On-site septic systems on land inside Shutesbury town; the Shutesbury Board of Health enforces the state Title 5 standard

  • Title 5 (310 CMR 15) is the state standard; the town board of health enforces it and any local regulations.
  • The Shutesbury septic page states there are no local rules stricter than Title 5.

  “it is the responsibility of the local board of health to enforce the provisions of title 5 and any local regulations regarding septic systems.”

• Septic inspectionRequired

  Property sales of homes with septic systems inside Shutesbury town, including transfers between family members

  • A Title 5 inspection remains valid for two years (three if the tank is pumped annually for those three years).
  • The inspection must be performed by an approved septic system inspector, and the report must be filed with the board of health with a $50 filing fee.

  inspection report filing fee: 50 USD · inspection validity period: 2 years (three years if the tank is pumped annually for those three years)

  “an inspection report must be filed with the board of health, accompanied by a $50 filing fee”

• Subdividing landRegulated (with conditions)

  Subdivisions of land in the FC, RR and LW districts inside Shutesbury town; the TC district is not named in this sentence

  • Subdivisions in those districts must be open space designs unless the planning board grants a special permit for a development that deviates from the open space design requirements.
  • Article V (open space design) sets the design rules; the Massachusetts Subdivision Control Law is not separately read here.

  “within the fc, rr, and lw districts, all subdivisions shall be open space designs unless the planning board grants a special permit to allow a development that deviates from the open space design requirements”

Still unanswered

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

• Building permit — New construction and alteration inside Shutesbury town
• Owner-builder exemption — Owner-builder construction inside Shutesbury town
• Building code adopted — Building construction inside Shutesbury town
• Inspections — Building inspections inside Shutesbury town
• Certificate of occupancy — Certificates of occupancy for new dwellings inside Shutesbury 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.