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

Town of Pembroke’s own rules

• Local zoningPresent (with conditions)

  All land inside Pembroke town's limits; Pembroke town adopts and administers its own zoning bylaw

  • Use, dimensional and special-permit rules vary by zoning district and overlay; see the district claims.

  “This Bylaw shall be known and may be cited as the Zoning Law of the Town of Pembroke.”

• Zoning districtsPublished (with conditions)

  Zoning districts established by the Pembroke town zoning bylaw

  • The table of contents lists Residence A, Residential-Commercial, Business A and B, Industrial A and B, Center Protection, Water Resource and Groundwater Protection, Adult Use Overlay and Medical Marijuana Overlay districts.
  • District-by-district boundaries were not opened; the bylaw districts were checked only through the table of contents.

  “1. Residence District A 12 2. Residential-Commercial District 15 3. Business District A 17 4. Business District B 19 5. Industrial District A 21 5a. Industrial District B 23”

• Minimum lot sizeSpecified

  Residence District A (main single-family residential district) inside Pembroke town

  • Applies to lots created after May 5, 1999.
  • At least 80% of the lot must be contiguous upland (not wetlands under the Massachusetts Wetlands Protection Act).
  • Of the 40,000 sq ft, at least 30,000 sq ft must lie within 275 ft of the way line; a 150 ft diameter circle must fit wholly within the upland area.
  • Other uses allowed in Residence District A are subject to a separate 120,000 sq ft minimum (not included here).

  minimum lot area: >= 40000 square feet (lots created after May 5, 1999; 80% upland required) · minimum lot frontage: >= 150 feet

  “Lot Sizes: All lots created after May 5, 1999, shall contain a minimum of 40,000 square feet of area and a minimum of 150' of frontage.”

• SetbacksSpecified

  Residence District A (main single-family residential district) inside Pembroke town

  • Front setback is measured from the way line where the way is 40 ft or wider; where the way is narrower than 40 ft, the building must be at least 55 ft from the center of the way (lesser 40 ft from center allowed in conforming-adjacency cases).
  • A lesser front setback (not less than 25 ft from the way line) may be permitted where 40 ft would not conform with adjacent dwellings.
  • Corner clearance and other rules in section V.d.4 were not verified.

  minimum front yard setback from way line: >= 40 feet (lesser setback not less than 25 ft where 40 ft would not conform with adjacent dwellings) · minimum side yard setback: >= 20 feet · minimum rear yard setback: >= 25 feet

  “Side and Rear Yards: No building or structure shall be erected within 25' of the rear lot line and no building or structure shall be erected within 20' of the side lot lines.”

• Lot coverageSpecified

  Lot coverage (buildings plus paved areas) on lots inside Pembroke town as defined in the zoning bylaw definitions

  • The bylaw's coverage definition counts walkways, patios, roadways, access ways, turnarounds, loading areas and parking areas as covered.
  • District-specific coverage rules were not checked; the definition is stated in the general definitions section.

  maximum lot coverage: <= 60 percent of total lot area

  “The sum of the ground areas of the lot covered, or to be covered, by all buildings or structures and all paved areas, to include walkways, patios, roadways, access ways, turnarounds, loading areas, and parking areas. Said sum shall not exceed sixty percent of the total lot area.”

• Accessory dwellingsLimited

  Accessory dwelling units on the same lot as a principal dwelling inside Pembroke town

  • The ADU must have a separate entrance meeting state building code egress requirements.
  • The ADU must meet otherwise applicable dimensional and parking requirements.
  • The ADU is subject to additional restrictions imposed by the zoning bylaw; the permitting path for each district was not verified.

  maximum gross floor area: <= 900 square feet (or one-half the gross floor area of the principal dwelling, whichever is smaller)

  “is not larger in gross floor area than ½ the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by this Zoning Bylaw.”

• Who permits septicMixed (with conditions)

  On-site septic systems on land inside Pembroke town; the Pembroke Board of Health administers the town's permits and inspections on top of the state Title 5 standards

  • Pembroke's Board of Health adds local requirements to the Massachusetts Title 5 rules.
  • Only installers on the town's licensed list may work in Pembroke.

  “Title 5 is a series of rules and regulations enacted by the Commonwealth of Massachusetts concerning septic systems. [...] The rules for Pembroke are more stringent than the state codes due to the number of bodies of water, some of which are drinking water sources, or tributaries to water sources.”

• Septic permitRequired

  New septic disposal system construction inside Pembroke town, reviewed by the Pembroke Board of Health

  • Plans must be engineer-stamped and the Board of Health has 45 days to review them.
  • The permit is issued in the installer's name and only a town-licensed installer can pick it up.
  • The FAQ page's $200 figure may be outdated; confirm the current fee with the Board of Health office.

  plan review and permit application fee: 200 USD (stated on FAQ page; may be outdated)

  “Once the plans have been drawn, four copies of the engineered stamped plans, two copies of the soil analysis, a completed engineer stamped Application for Disposal System Construction Permit and a check for $200 must be submitted to the Board of Health office.”

• Septic inspectionRequired

  New septic systems installed inside Pembroke town

  • The installer schedules the inspections with the Board of Health.
  • The Health Agent signs a certificate of compliance only after all work, as-built plans and the installer's certification are complete.
  • Since 2019-05-06 a cesspool is an automatic Title 5 fail upon any transfer of property.

  “At the completion of the job, (that is, when all work has been done according to the plans; all required inspections have been done by the Health Agent; when the engineer has submitted an "as-built" plan as to where the system was installed; and when the installer has submitted a certification statement), the Health Agent signs a Certificate of Compliance, (COC), which is issued to the installer.”

• Driveway accessLimited

  Common driveways serving more than one lot inside Pembroke town (individual driveway standards not verified)

  • Common driveways are not allowed in any zoning district in the town.
  • Access must pass through the lot frontage; the rules for individual driveways and curb cuts were not located.

  “For the purposes of this bylaw, common driveways shall not be allowed in any zoning district within the town.”

• Building in a floodplainLimited

  Land inside the Floodplain Protection Overlay District (FPOD) in Pembroke town

  • The FPOD rules in zoning bylaw section V.2 were not read; permit or standards for development inside the overlay are unverified.
  • Floodplain and watershed land is also subject to the bylaw's watershed protection district.

  “A special permit issued by the Zoning Board of Appeals is required for major construction (greater than 301 SF), including new construction, changes to existing buildings, placement of manufactured homes and large storage facilities.”

• Permit feesPublished (with conditions)

  Board of Health fees for septic work inside Pembroke town only; building, electrical, plumbing and gas permit fees were not verified

  • The $200 perc-test observation fee is payable to the Town of Pembroke.
  • The FAQ fee figures are undated and may be out of date; the town Permit Fee List (pembroke-ma.gov/1850/Permit-Fee-List) was not opened.

  perc test observation fee: 200 USD (payable to the town of pembroke)

  “The homeowner must submit a check for $200, payable to the Town of Pembroke, to pay for the Health Agent to go out and observe the perc test.”

• Permit processPartial

  Septic disposal system permit process inside Pembroke town (Board of Health); building permit process not verified

  • Engineer designs the system from the perc test; the Board of Health has 45 days to review the plans.
  • Only a town-licensed installer may pick up the plans and permit.
  • Installation typically takes three to four months.

  “The BOH has 45 days to review the plans and to either approve or reject them. If the plans are approved, the plans can be picked up by a Town licensed septic installer and the installation of the system can begin.”

Still unanswered

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

• Building permit — New residential construction inside Pembroke town
• Owner-builder exemption — Owner-builder construction inside Pembroke town
• Building code adopted — Building construction inside Pembroke town
• Inspections — Building inspections inside Pembroke town
• Certificate of occupancy — Certificate of occupancy for buildings inside Pembroke 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.

Off-grid gear

Going off-grid in Town of Pembroke 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.

These are affiliate links — we may earn a commission, at no cost to you. As an Amazon Associate, Bolthole Index earns from qualifying purchases.