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

Town of Whately’s own rules

• Local zoningPresent (with conditions)

  Land inside the Town of Whately limits: the Town of Whately adopts and administers its own zoning bylaw (Chapter 171 of the Town code).

  • Uses are governed by the town's table of use regulations and special permit process; site plan review applies to most non-single-family uses under § 171-17.
  • Adopted under MGL c. 40A and the home rule amendment, per § 171-1.

  “the town of whately zoning bylaw is hereby adopted pursuant to the zoning act, chapter 40a of the massachusetts general laws”

• Living in an RVLimited

  Keeping or occupying trailers and recreational vehicles on private land inside the Town of Whately limits (§ 171-28).

  • Allowed only for bona fide storage of a single trailer or recreational vehicle per legal lot.
  • Allowed as a temporary camping shelter for no more than 14 consecutive days and 60 days in any calendar year, except at a campground operating under a special permit.
  • Other trailers, recreational vehicles and mobile homes are not to be kept in town except under these conditions.

  consecutive days of temporary camping shelter use: <= 14 days (does not apply to trailers or RVs kept at a campground operating under a special permit) · total days per calendar year of temporary camping shelter use: <= 60 days (does not apply to trailers or RVs kept at a campground operating under a special permit) · trailers or RVs in storage per legal lot: <= 1 count

  “trailers, recreational vehicles, and mobile homes shall not be kept within the boundaries of the town of whately except under the following conditions: a. the trailer or recreational vehicle is in bona fide storage limited to a single trailer or recreational vehicle per legal lot.”

• Camping on your landLimited

  Temporary camping using a trailer or recreational vehicle on private land inside the Town of Whately limits (§ 171-28(b)).

  • Camping shelter use may not exceed 14 consecutive days, for a total of 60 days in any calendar year.
  • The time limit does not apply to trailers or recreational vehicles kept at a campground operating under a special permit.

  consecutive days: <= 14 days (campground operating under a special permit) · total days per calendar year: <= 60 days (campground operating under a special permit)

  “the trailer or recreational vehicle is being used for a temporary camping shelter. such use for a camping shelter shall not exceed 14 consecutive days, for a total of 60 days in any calendar year. this time limit does not apply to trailers or recreational vehicles which are kept at a campground operating under a special permit.”

• Manufactured homesLimited

  Occupying a mobile home inside the Town of Whately limits (§ 171-28(c)).

  • A mobile home may be occupied only as temporary shelter by the owner and occupier of a residence destroyed by fire or other natural holocaust, on the site of that residence, for up to 12 months while the residence is rebuilt.
  • Such a mobile home must comply with the state sanitary code.

  temporary occupancy period after loss of residence: <= 12 months

  “a mobile home may be occupied as temporary shelter by the owner and occupier of a residence that has been destroyed by fire or other natural holocaust, on the site of such residence and for a period not to exceed 12 months while the residence is being rebuilt. any such mobile home shall be subject to the provisions of the state sanitary code.”

• Subdividing landRegulated (with conditions)

  Division of land inside the Town of Whately limits.

  • Subdivision regulations are codified at Chapter 234 of the town code (§ 234-1 through § 234-38).
  • Cluster and flag-lot rules in Article V (§ 171-24 flag lots; § 171-26 open space/cluster developments) also apply; their text was not opened.

  “chapter 234 subdivision of land (§ 234-1 &ndash; § 234-38)”

• Short-term rentalsLimited

  Short-term rentals (under 30 days) in residential units inside the Town of Whately limits (§ 171-22).

  • Rentals under 30 days require a special permit from the zoning board of appeals.
  • All such rentals must comply with applicable board of health regulations.
  • For owner-occupied dwellings, the section sets bedroom, meal, parking and licensing conditions; the owner must hold all necessary state and local licenses and approvals.
  • For dwellings that are not owner-occupied, the property may not be rented under this section for more than 120 days per year, and tenants may not sublet or hold weddings or large parties.

  maximum rental days per year (not owner-occupied): <= 120 days

  “rentals for a period of less than 30 days may be allowed in residential units under a special permit from the zoning board of appeals, subject to the conditions outlined below. all such rentals must comply with all applicable board of health regulations.”

• Permit processPartial

  Projects inside the Town of Whately limits that require site plan review (residential, commercial, industrial or institutional uses allowed by right or by special permit, including subdivisions). Single-family dwellings on individual lots are exempt from site plan review.

  • Applications are filed with the Planning Board at a regular meeting, with copies to the town clerk.
  • The Planning Board holds a public hearing within 65 days after filing and takes final action within 90 days of the hearing.
  • No building permit for a project requiring site plan review may be issued until the Planning Board approves the site plan, or until the review time has lapsed without action.
  • Only the site plan process is documented here; the general building permit application process was not reached.

  public hearing deadline after filing: <= 65 days · final action deadline after hearing: <= 90 days

  “the planning board shall hold a public hearing within 65 days after the filing of an application and shall take final action on an application for site plan approval within 90 days of the public hearing.”

Still unanswered

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

• Building permit — Building permits for new residential construction inside the Town of Whately
• Owner-builder exemption — Owner-builder permit exemption inside the Town of Whately
• Building code adopted — State building code (780 CMR) administration inside the Town of Whately
• Inspections — Building inspections inside the Town of Whately
• Certificate of occupancy — Certificate of occupancy for new dwellings inside the Town of Whately

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 Whately 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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