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

Town of Ashby’s own rules

• Building permitRequired

  New residential construction inside Ashby town limits.

  • All involved review boards and the Building Commissioner must sign the application; the site must be properly posted before work begins.

  “Work on project may begin following signing of Application Form by all involved review Boards and the Building Commissioner and proper posting of site”

• Certificate of occupancyRequired

  New residential construction inside Ashby town limits.

  • The street number must be displayed and visible from the street before the occupancy permit is received.

  “Prior to receiving an occupancy permit you must have the street number displayed and visible from the street.”

• Local zoningPresent (with conditions)

  Land inside Ashby town limits.

  • Uses must conform with dimensional and other requirements of the bylaw; uses not mentioned are prohibited.

  “The Town of Ashby is hereby divided into the following four classes of districts, as follows:”

• Zoning districtsPublished (with conditions)

  Land inside Ashby town limits.

  • District boundaries are established on the Ashby Zoning Map.

  districts: Residential; Residential/Commercial; Residential/Agricultural; Industrial

  “The Town of Ashby is hereby divided into the following four classes of districts, as follows:”

• Living in an RVTemporary only (with conditions)

  Trailer or mobile-home dwelling use in the Residential District.

  • A Board of Appeals special permit is required; use exceeding 60 days may not exceed six months; water, sewage disposal, and electric power must be adequate; each site must meet one-family-dwelling setback and land-area requirements.

  maximum duration: <= 6 months (Only for use exceeding 60 days.)

  “temporary use of a trailer or mobile home for dwelling purposes in excess of 60 days and not to exceed 6 months, provided that adequate provision is made for water, sewage disposal, and electric power.”

• Accessory dwellingsAllowed (with conditions)

  Accessory apartments added to existing single-family dwellings in Residential, Residential/Commercial, and Residential/Agricultural districts.

  • The unit must be subordinate; an owner must occupy a unit; no new driveway or curb cut may serve it; one accessory apartment maximum; living space may not exceed 33 percent of the primary dwelling's heated living area; maximum two bedrooms; sewage, waste, and drainage provision must satisfy the Board of Health.

  accessory-apartment share of heated living area: <= 33 percent · accessory-apartment bedrooms: <= 2

  “the living space in an accessory apartment shall not exceed thirty-three (33) percent of the total heated living area of the primary dwelling, and shall contain no more than two bedrooms.”

• Who permits septicLocal (with conditions)

  Septic-system installation and modification inside Ashby town limits.

  • The Ashby Board of Health administers the stated permit requirement.

  “The Town of Ashby Board of Health requires permits for installation and modification to septic systems.”

• Septic permitRequired

  Installation or modification of septic systems inside Ashby town limits.

  “The Town of Ashby Board of Health requires permits for installation and modification to septic systems.”

• Well permitRequired

  Drinking-water well installation inside Ashby town limits.

  “Permits are also required for, among other things, drinking water well installation, deployment of portable toilets, and collection of solid waste from residences and dumpsters.”

• Agricultural exemptionConditional

  Agriculture inside Ashby town limits.

  • Agriculture is permitted on all Residential/Agricultural parcels and on parcels of five acres or more in other districts.

  other-district parcel size: >= 5 acres

  “Ashby’s zoning bylaw permits agriculture on all parcels in the Residential/Agricultural district and on parcels 5 acres and larger in other districts.”

• Subdividing landRegulated (with conditions)

  Division of land inside Ashby town limits.

  • Dividing land into two or more parcels will probably require an ANR plan; creating building lots without enough road frontage will probably fall under Subdivision Control.

  “If you wish to divide your land into a number of building lots but don’t have enough road frontage you will probably come under Subdivision Control.”

• Driveway accessRequired

  All new driveway connections to a road inside Ashby town limits.

  “A driveway permit is required for all new driveway connections to a road.”

• Building in a floodplainRequired

  Development in Ashby's Floodplain District.

  • All structural and nonstructural development must comply with MGL c.131 §40, listed state building and wetlands rules, Ashby Board of Health regulations, and state sanitary-sewage requirements.

  “All development in the District including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following;”

• Permit feesVariable (with conditions)

  Planning applications inside Ashby town limits.

  • The Planning Board specifies a $200 fee for a special-permit application for a hearing; other fees may apply by application type.

  special-permit hearing application fee: 200 USD

  “Application for a Special Permit granted by the Planning Board. Application for a hearing. The application fee is $200.”

• Permit processPublished (with conditions)

  Planning applications inside Ashby town limits.

  • Signed applications and plans must be mailed or delivered to the Town Clerk; paper and electronic copies, applicable fee, and return address are required.

  “All applications and plans that require a signature must be submitted by mail or delivery to the Town Clerk.”

Rules another office applies inside Town of Ashby

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

• Minimum lot sizeSpecified

  Residential District in Ashby town.

  minimum lot area: 40000 square feet

  “5.3.1 minimum area - 40,000 square feet (3716 square meters)”

  One more reviewed finding on this topic

  • Specified — Residential/Agricultural District in Ashby town.

    “7.3.1 minimum area - 80,000 square feet (5574 square meters)”

• SetbacksSpecified

  Residential/Agricultural District in Ashby town.

  • Street-center setback varies by right-of-way width.

  street-center setback: 75 feet (Right-of-way less than 50 feet wide.) · street-center setback: 100 feet (Right-of-way at least 50 feet wide.) · side and rear setback: 25 feet

  “7.3.3.1 frontage on right-of-way of less than 50 feet width. set-back from street center 75 feet (22.86 meters)”

  One more reviewed finding on this topic

  • Specified — Residential District in Ashby town.

    “5.3.3.1 setback from street center 50 feet 5.3.3.3 minimum side and rear setback 25 feet (7.62 meters)”

Still unanswered

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

• Inspections — Residential construction inside Ashby town limits.
• Minimum dwelling size — Single-family dwellings inside Ashby town limits.
• Lot coverage — Residential construction inside Ashby town limits.
• Building height — Single-family dwellings inside Ashby town limits.
• Camping on your land — Temporary camping on private land inside Ashby town limits.

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.

Off-grid gear

Going off-grid in Town of Ashby means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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