SECTION I. PURPOSES
To protect the health, safety, and general welfare of its present and future inhabitants, 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.
SECTION II. EXISTING LOTS, STRUCTURES AND USES
Any lawful existing structure or use may be altered and any lawful non-conforming structure or use may be continued, only as specifically provided for in this By-Law.
A. A lawful existing structure may be repaired and may be moved, enlarged, or otherwise altered provided that the use and structure remain lawful under this By-Law.
B. A lawful non-conforming use of land or structure may be changed to a different non-conforming use by special permit authorized by the Board of Appeals provided:
1. The new use or structure is not prohibited or more restricted than the existing use.
2. The Board of Appeals finds that the new use or structure is not more detrimental and objectionable to the neighborhood and the community than the existing use.
C. A non-conforming use which has been abandoned shall not be re-established other than by special permit.
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.
SECTION IV. USE REGULATIONS
No structure may be constructed, and no structure or land may be used, for any purpose that is not permitted by this By-Law or by Special Permit. Uses which create undue traffic congestion or are commonly regarded as hazardous, injurious, detrimental, or offensive within a residential or agricultural district are prohibited.
A. UNREGULATED USES. The following uses of structures and land are not regulated by this By-Law, though some conditions may be specified in applicable sections. This By-Law is not intended to prohibit, impose unreasonable regulation on, or require a special permit for the use of land, nor prohibit, unreasonably regulate, or require a special permit, for the use, expansion, or reconstruction of existing structures, for the following primary purposes:
1. AGRICULTURE, HORTICULTURE, FLORICULTURE, or VITICULTURE
These purposes include facilities for the sale of produce, and wine and dairy products. During the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale must be produced by the owner or lessee of the land on which the facility is located.
Horticulture includes but is not limited to the growing and keeping of nursery stock and its sale. Nursery stock is considered to be produced by the owner or lessee of the land if it is nourished, maintained, and managed while on the premises.
2. RELIGIOUS or EDUCATIONAL
Uses for these primary purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a non-profit educational corporation.
3. CHILD CARE FACILITIES
Land and structures used primarily for child care facilities, which are day care centers or school age child care programs as those terms are defined in Massachusetts General Laws Chapter 28A, Section 9.
4. RESIDENTIAL
a. A one-family dwelling unit for home occupancy including accessory uses and accessory structures.
b. Renting of rooms, which may include furnishing meals for not more than six persons other than the principal occupying family. Renting of rooms shall not be so configured as to allow for separate cooking facilities within the rooms not occupied by the principal family in residence.
B. USES ALLOWED ONLY BY SPECIAL PERMIT AUTHORIZED BY THE ZONING BOARD OF APPEALS
1. RESIDENCES
a. Two-family dwelling. The Zoning Board of Appeals may limit size of structures and may impose such conditions as deemed necessary. (See Sections V and XVII).
b. Seasonal dwelling. Any seasonal dwelling shall:
1) Be located on a lot size of at least 12,000 sq. ft.
2) Adhere to all Title V requirements and “Minimum Standards of Fitness for Human Habitation” as interpreted by the Board of Health, and any additional requirements imposed by the Board of Health.
2. EXCAVATION
Removal or storage of earth, gravel, sand, loam, or rock in excess of 100 cubic yards in areas visible from a public or private way, or from an abutter’s property. Such areas shall be graded upon completion of excavation.
3. INSTITUTIONS
Includes hospitals and nursing homes, and includes educational institutions not protected by regulation under Section IV.A.2.
4. ALL OTHER COMMERCIAL STRUCTURES AND USES EXCEPT THOSE EXPRESSLY ALLOWED WITHOUT A SPECIAL PERMIT UNDER SECTION IV.A.
a. Includes also accessory structures and uses of land incidental to commercial structures and uses not specifically allowed under Section IV.A.
b. Includes also uses of land or structures in the Town of Goshen that are incidental or accessory to commercial uses in adjoining towns.
C. SIGNS. All signs must be allowed by Special Permit by the Zoning Board of Appeals except for the following:
1. One free-standing commercial or non-commercial sign of no more than four square feet in area, and no more than 4.5 feet above the ground at its highest point, is allowed without a special permit. Street number and resident identification signs are not considered the one allowed sign.
2. Free-standing commercial and non-commercial temporary signs including but not limited to the advertising of real estate for sale or rent, political campaign signs, those giving notice of special events, and service or contractor signs, provided:
a. no more than one temporary sign is allowed on each lot;
b. each temporary sign shall contain no more than ten square feet of total advertising space on all sides;
c. in the case of a special event, the temporary sign may be erected no more than thirty days before the event and must be removed within ten days after the event; and
d. in the case of all other temporary signs, the sign must be removed within thirty days following the completion of the service or advertising.
3. Illuminated signs and signs with mechanical or moving devices or noise-making capabilities are prohibited unless allowed by Special Permit authorized by the Board of Appeals.
SECTION V. BUILDING LOT REQUIREMENTS. 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. Accessory structures are allowed provided they meet the definition contained in Section XVII and, if not allowed as unregulated under Section IV.A., must be authorized by Special Permit. Buildings used solely for Agricultural purposes are allowed without special permit.
SECTION VI. BUILDING PROVISIONS. All buildings must comply with the Commonwealth of Massachusetts State Building Code (780 CMR as amended).
SECTION VII. LOCATION AND AREA REGULATIONS.
1. Buildings shall be located a minimum of 30 feet from the front boundary of the road. No building shall be located within ten feet of the side or rear property line.
2. All driveways entering upon a town highway shall require a permit from the Superintendent of Highways. Driveways shall be a minimum of 12 feet in width with a gravel base. Adequate drainage shall be installed with recommendations to the Superintendent of Highways (See Section XV for Driveway Provisions).
SECTION VIII. UNREGISTERED MOTOR VEHICLES. No unregistered motor vehicles or vehicles upon which no excise tax have been paid during the current year shall be placed upon any lot so that they may be seen from a public way or by abutters. This provision shall not apply to an allowed business in which unregistered motor vehicles are an integral part of the business provided that the display of the unregistered vehicles complies with any conditions imposed by Special Permit.
SECTION IX. PARKING REQUIREMENTS. Suitable off-street motor vehicle parking spaces shall be provided to meet the needs of all persons using land or buildings. This section applies to new buildings or uses but does not apply to existing buildings or uses except where they are enlarged or extended.
SECTION X. CONTINUANCE OF NON-CONFORMING USES AFTER LOSS OR DESTRUCTION. Any lawful non-conforming structure or use may not be rebuilt after damage or loss exceeding 50% of its value. The owner or lessee of the damaged property has the right to have the value and damage estimated by an impartial appraiser.
SECTION XI. FIRE DAMAGE. No owner or occupant of land shall permit fire or other ruins to be left, but shall remove the same within one year.
SECTION XII. ABANDONED WELLS. All abandoned wells must be filled or permanently covered.
SECTION XIII. SWIMMING POOLS. Any swimming pool below ground level must be enclosed by a four foot non-climbable fence with a self-closing gate. Above ground pools must be secured when not in use.
SECTION XIV. – DEPOSITING OF SNOW ON ROADS. No person other than Goshen’s Highway Department personnel in the service of the Town of Goshen or an employee in the service of an independent contractor acting on behalf of the Town of Goshen shall pile, push or plow snow or ice onto any town road. Any individual and/or corporation who violates this Protective By-Law shall be warned by written notice on the first two violations and the third violation shall be punished by a fine of $100.00 to be placed in the Town’s General Account.
Violations shall be reported to the police department, which will be responsible for enforcing the Depositing Snow on Town Roads provision of this Protective By-Law. The violator will be given the opportunity to protest the violation in writing to the Selectboard within 3 working days after receiving notification of the alleged violation from the Goshen Police Department.
SECTION XV. DRIVEWAYS.
1. Permit Requirement
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. The applicant shall receive approval from the Superintendent for any modifications from the approved permit plans. Otherwise construction shall be in accordance with said permit.
2. Approval Deadline and Fine for Non-Comp1iance
The Superintendent of Highways shall issue the permit within forty days of recorded receipt of a completed permit application or shall render a decision in writing, specifying the reasons for denial of said permit. That decision shall be based upon consideration of public safety using the design standard, section four. Whoever violates this regulation shall be punished by a fine not to exceed twenty dollars ($20.00) per day, and be liable for tort to the Town of Goshen for all damages caused thereby, and for the cost and expense of removing the obstruction material and of restoring the public way to its former condition.
3. Applicant Information Required
The driveway permit application shall provide the Highway Superintendent with the following information and diagrams: driveway location, design, dimensions, intended use, grade, materials, drainage provisions and any other information or documentation which the superintendent may deem necessary in order to make a decision based on the design standards in section four.
4. Design Standards
A. Driveways should be located to the best advantage with regard to alignment with the public way intersection at as close to a right angle as feasible. The angle of intersection shall be between 60 and 120 degrees.
The curb line radius of the landing to the edge of the traveled way shall be a minimum of ten feet.
The width of the landing shall be a minimum of 14 feet, but shall not exceed 24 feet. Unless conditions require it, a landing should not be located within twenty (20) feet of a side property line.
B. Sight distances: No wall or other obstruction shall be planted, constructed, or maintained at the intersection of the driveway with the public way which causes danger to traffic on the public way or to users of the driveway by unreasonably obscuring a view.
No new driveway should be located where the minimum sight distance at four feet above the traveled road surface in each direction along the way is less than 150 feet.
C. Culverts and drainage: Existing drainage ditches parallel to the public way shall not be obstructed by driveway construction. Culverts of appropriate size and durable material (such as asphalt-coated galvanized steel) shall be provided by the applicant as determined by the Highway Superintendent.
Culverts should be set back a minimum of four feet from the edge of the traveled way. Culverts should be a minimum of thirty feet in length.
D. Gradients: The gradient of a new driveway must conform to the following standards:
The first six feet of driveway must have a minimum 00.5% and maximum 9% down grade from the way.
The next 14 feet of the driveway must not exceed a 9% down grade or upgrade from the way.
E. All new driveways shall be provided with adequate space for reversing the direction of an automobile, so that the vehicle may enter the public way facing forward.
F. The Highway Superintendent may modify these design standard requirements in unusual circumstances, based on sound engineering practice for the site's terrain or driveway usage. No exception shall result in increased danger to the public or increased likelihood of damage to a public way over a driveway built to the existing design standards.
SECTION XVI. GENERAL REGULATIONS AND ADMINISTRATION.
A. BOARD OF APPEALS. There shall be a Board of Appeals with three members and three associate members appointed by the Selectboard, for terms of such length and so arranged
that the term of one member shall expire each year. The Board of Appeals shall elect annually a chairperson and clerk from its own number. A member can only be removed for cause by the Selectboard and only after written charges have been made and a public hearing has been held. Vacancies shall be filled for unexpired terms in the same manner as appointments. The Board of Appeals shall have jurisdiction under Massachusetts General Laws Chapter 40A and as provided elsewhere in the By-Law.
B. ENFORCEMENT. This Zoning By-Law shall be enforced by the Inspector of Buildings, acting as Zoning Enforcement Officer. An Inspector of Buildings, who shall meet or exceed the qualifications of the office as mandated by the Massachusetts State Building Code (780 C.M.R.), shall be appointed annually by the Selectboard. The Inspector of Buildings can only be removed for cause by the Selectboard and only after written charges have been made and a public hearing has been held. 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. With each application for a permit to erect, alter, move, or demolish, there shall be filed with the Inspector of Buildings a plan showing the lot and the location of the building thereon. Any person violating any provision of the By-Law may be fined not more than twenty dollars for each offense. Each day that such violation continues shall constitute a separate offense. Notice of such offense shall be delivered by the Selectboard.
C. APPLICATIONS. The Board of Appeals hears and decides, in consultation with other boards as required, applications for special permits. The Board may grant special permits upon finding that the grant is in harmony with the general purposes and intent of the By-Law and may impose such conditions as are deemed necessary. The Board of Appeals also hears and decides petitions for variances and appeals as set forth in this section.
Special Permit. A special permit is required for uses listed in Section IV.B and Section IV.C. Special permits shall only be issued after a public hearing which must be held within sixty-five (65) days after the effective date of filing a special permit application. (Effective date coincides with the date an application is received by the Town Clerk for the Board of Appeals.) A special permit granted under this By-Law shall become invalid after one year if substantial construction or use has not begun, except for good cause. Time required to pursue or await determination of an appeal to a Court from an elapsed special permit shall be included in the specified one-year period. Petitions for special permit may be reviewed by the Board of Appeals in consultation with the Planning Board, Board of Health, Conservation, or any other any other town agency or board deemed appropriate.
Variance. The Board of Appeals shall have the power to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By-Law where the Board specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of land and especially affecting such land but not affecting generally the zoning district within which it is located, a literal enforcement or the provisions of the
By-Law would involve substantial hardship, financial or otherwise, to the appellant or petitioner, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law.
Appeal. The Board of Appeals shall hear and decide an appeal taken by any person who is aggrieved because he or she has been unable to obtain a permit or an enforcement action from any administrative officer under the provisions of Chapter 40A of the General Laws.
D. Amendment. This Zoning By-Law may be amended from time to time at an annual or special Town meeting as indicated in Section 5 of Chapter 40A of the Massachusetts General Laws.
E. Validity. The invalidity of any section or provision of this Zoning By-Law shall not invalidate any other section or provision thereof.
SECTION XVII. DEFINITIONS
ABANDONED STRUCTURE or USE – Cessation of a non-conforming use of a structure or land as indicated by the visible or otherwise apparent intention of an owner to discontinue the use for two or more years. Also, replacement of a non-conforming use with a conforming use shall be interpreted as an intention to permanently cease the non-conforming use.
ACCESSORY USE – A use secondary to the lawful, principal use, including home businesses which include the operation of a craft, trade, or profession within an owner-occupied lawful one family dwelling. Included also is the storage of supplies, tools, materials, equipment, and inventory within the dwelling and accessory structures necessary to the trade or profession of the owner or lessor of a lawful one family dwelling. At least one family member must pursue the business as owner of the business, and not more than one non-family employee, assistant, or subcontractor shall be engaged in the business on the premises for more than fifteen hours per week on average. The business shall be conducted entirely within the dwelling or accessory structures. No manifestation of the business shall be noticeable from the street or any abutter, excepting a single sign as allowed under Section IV.C.
ACCESSORY STRUCTURE – A structure containing not more than fifteen hundred square feet of aggregate floor space on not more than two levels, the use of which is incidental, supporting, or otherwise secondary to a lawful, principal structure as defined herein.
COMMERCIAL – Any use or activity conducted for compensation, excepting any accessory use as defined herein.
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 constituting a family, with permanent provisions for living, sleeping, cooking, and sanitation.
DWELLING, ONE FAMILY – A dwelling unit designed for and occupied by one family, which includes manufactured housing as defined in 780 C.M.R.
DWELLING, TWO FAMILY – A building or buildings designed for or occupied by two families living independently in individual dwelling units.
FAMILY – A family is any number of individuals living together as a single housekeeping unit, provided that a group of not more than four persons keeping house together but not related by blood or marriage shall be considered a family.
DWELLING, SEASONAL – A dwelling used during the summer months commencing on May 1 and ending on October 31, and intermittently during the remainder of the year for no more than seven consecutive days.
LAWFUL STRUCTURE or USE – A structure or use that is either 1) in compliance with the existing By-Law or 2) is not in compliance but was in compliance with By-Laws, if any, that existed before the passage of the existing By-Law, and has not been abandoned.
PRINCIPAL STRUCTURE or USE – A structure or use that is primary as opposed to an accessory structure or use.
STRUCTURE – A building or construction, erection, assemblage, or other combination of materials upon land, including swimming pools (see Section XIII), fences in excess of six feet in height, and retaining walls supporting in excess of four feet of unbalanced fill.