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

Town of Goshen’s own rules

• Building permitRequired

  Erecting, altering, moving or demolishing a building or structure inside Goshen town, and changes of use under 780 CMR

  • The permit is issued by the Town's inspector of buildings under 780 CMR.
  • An application must include a plan showing the lot and the location of the building.

  “no building or structure within the jurisdiction of the inspector of buildings as imposed by 780 c.m.r. shall be erected, altered, moved or demolished, nor shall any change of use -as defined by 780 c.m.r. -of a building or structure be commenced unless the inspector of buildings has issued a permit as required by 780 c.m.r.”

• Local zoningPresent

  All land inside Goshen town limits (Hampshire County, MA), under the Town of Goshen's own Zoning By-Laws

  • The bylaw states it was enacted under chapter 40A of the Massachusetts General Laws.
  • The bylaw text is marked revised October 23, 2023; that is a revision stamp, so no effective date is recorded.
  • Amendments were proposed at town hearings in 2023 and 2024; confirm the current text with the Town Clerk.

  “the town of goshen, under the authority granted by the zoning enabling act, chapter 40a of the general laws of the commonwealth of massachusetts, as amended, does hereby enact this zoning by-law of the town of goshen.”

• Zoning districtsPublished

  All land inside Goshen town; the entire town is one district

  • There is only one district (Residential-Agricultural), so there is no district map of separate zones in the bylaw.
  • A floodplain overlay also applies over the district.

  “section iii. establishment of districts for the purposes of this zoning by-law, the entire town of goshen is hereby designated a residential-agricultural district.”

• Minimum dwelling sizeSpecified

  Any dwelling unit inside Goshen town (the Residential-Agricultural District covers the whole town)

  • This is a definition, not a stand-alone size standard; it applies wherever the bylaw uses the term dwelling unit.
  • The bylaw has no separate minimum floor area for one-family homes.

  minimum aggregate net floor space per dwelling unit: >= 200 sq ft

  “dwelling unit - one or more rooms containing not less than two hundred square feet of aggregate net floor space within a building providing complete living facilities for the use of one or more individuals”

• Minimum lot sizeSpecified

  Principal dwelling or principal building lot in the Residential-Agricultural District, which covers the entire town of Goshen (the only district)

  • Excepts structures used for seasonal residence, which are covered by a separate claim.
  • Frontage must be on a public or private way.

  minimum lot area: >= 2 acres (seasonal residences excepted) · minimum lot frontage: >= 200 feet (seasonal residences excepted)

  “each permanent dwelling or other principal building or structure (excepting structures used for seasonal residence) shall be placed on a lot to be known as a building lot which has a minimum area of two acres and a minimum frontage of 200 feet on a public or private way.”

  One more reviewed finding on this topic

  • Specified — Seasonal dwelling on a lot inside Goshen town; seasonal dwellings need a Board of Appeals special permit

    “seasonal dwelling. any seasonal dwelling shall: 2 1) be located on a lot size of at least 12,000 sq. ft.”

• SetbacksSpecified

  Buildings in the Residential-Agricultural District, which covers the entire town of Goshen (the only district)

  • Driveway and access-road setbacks are governed by the separate driveway permit rule.
  • Floodplain overlay rules may impose further limits.

  front setback from road boundary: >= 30 feet · side and rear setback from property line: >= 10 feet

  “buildings shall be located a minimum of 30 feet from the front boundary of the road.”

• Manufactured homesAllowed

  Manufactured housing used as a one-family dwelling inside Goshen town (Residential-Agricultural District, which covers the whole town)

  • The bylaw defines one-family dwellings to include manufactured housing as defined in 780 CMR.
  • Within the floodplain overlay, mobile homes are excluded from the special-permit uses for single-family residences; placement of manufactured homes needs a floodplain permit.
  • Building-code and lot requirements in the bylaw still apply.

  “dwelling, one family - a dwelling unit designed for and occupied by one family, which includes manufactured housing as defined in 780 c.m.r.”

• Agricultural exemptionAvailable

  Agriculture, horticulture, floriculture or viticulture on land inside Goshen town

  • Farm-stand sales must be primarily of produce raised by the owner or lessee during the stated months or harvest season.
  • The zoning bylaw says these uses are not regulated by it, though some conditions may apply.

  “1. agriculture, horticulture, floriculture, or viticulture these purposes include facilities for the sale of produce, and wine and dairy products.”

• Subdividing landLimited

  Subdivision proposals in the floodplain overlay in Goshen town; the zoning bylaw has no general subdivision control

  • Proposals greater than 50 lots or 5 acres (whichever is less) must provide base flood elevation data.
  • State Subdivision Control law and any Planning Board rules were not checked.

  “all subdivision proposals must be designed to assure that: a) such proposals minimize flood damage;”

• Driveway accessRequired

  Driveways that extend into a Goshen town way or public way

  • Permit is issued by the superintendent of highways within 40 days, or a written denial is given.
  • Driveways must be at least 12 feet wide with a gravel base; a 150-foot minimum sight distance applies to new driveways.

  minimum sight distance for new driveway: >= 150 feet

  “no owner or occupant of land abutting upon a town way of goshen or any public way which, by statute, said town is obligated to repair and maintain, shall construct any private road or driveway thereon, so as to extend into such public way, without first having obtained a written permit from the superintendent of highways having charge of the maintenance and repair of such public way.”

• Building in a floodplainRequired

  Construction or other development inside the Goshen floodplain overlay district (FEMA special flood hazard areas)

  • Applies only to land in the mapped floodplain overlay.
  • The proponent must also obtain all other local, state and federal permits.

  “the town requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings”

• Short-term rentalsLimited

  Renting rooms in an owner-occupied dwelling inside Goshen town; whole-home short-term rental is not addressed

  • Rooms may not be configured with separate cooking facilities for the non-family occupants.
  • Meals may be furnished for not more than six persons other than the principal family.
  • Whole-unit short-term rentals are not addressed in the bylaw.

  maximum persons receiving furnished meals: <= 6 persons (other than the principal occupying family)

  “renting of rooms, which may include furnishing meals for not more than six persons other than the principal occupying family.”

• Permit processPartial

  Zoning and building permit process in Goshen town

  • Building permits are issued by the inspector of buildings; special permits are heard by the Board of Appeals after a public hearing.
  • Special permits lapse after one year if substantial construction or use has not begun.

  “this zoning by-law shall be enforced by the inspector of buildings, acting as zoning enforcement officer.”

Rules another office applies inside Town of Goshen

Town of Goshen does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building code adoptedAdopted

  All buildings inside Goshen town; the Town's zoning bylaw requires compliance with the state building code

  • The town's bylaw adopts the state code by reference; the code itself is state-administered.

  “all buildings must comply with the commonwealth of massachusetts state building code (780 cmr as amended).”

• Who permits septicState (with conditions)

  On-site septic systems for land inside Goshen town, under state Title 5 standards administered through the local health agent

  • Title 5 sets the siting, construction, inspection, upgrade and maintenance standards that the local health agent applies.

  “310 cmr 15.000, title 5 of the state environmental code, provides for the protection of public health, safety, welfare and the environment by requiring the proper siting, construction, upgrade, and maintenance of on-site sewage disposal systems”

  One more reviewed finding on this topic

  • Local (with conditions) — Septic system design, installation and inspection for land inside Goshen town

    “the health agent is responsible for all technical aspects of septic and well designs, installations and inspections.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction of a home inside Goshen town
• Inspections — Construction inspections for new homes inside Goshen town
• Certificate of occupancy — Certificate of occupancy for new homes inside Goshen town
• Lot coverage — Maximum lot coverage in Goshen town
• Building height — Maximum building height in Goshen 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.