TABLE OF CONTENTS

1. TITLE, AUTHORITY, AND PURPOSE...................................................................................... 1

1.1............................................................................................................................................................................................ Title 1

1.2................................................................................................................................................................................... Authority 1

1.3.................................................................................................................................................................................... Purpose 1

1.4............................................................................................................................................................................. Applicability 1

1.5............................................................................................................................................................................. Amendment 2

1.6.............................................................................................................................................................................. Separability 2

2. DEFINITIONS................................................................................................................................. 2

3. EStablishment of DISTRICTS........................................................................................... 2

3.1................................................................................................................................................................... Types of Districts 2

3.2.............................................................................................................................................................. Location of Districts 3

3.2.1. General District 3

3.2.2. The Jug End Residential District 3

3.2.3. Flood Plain Overlay District 3

3.2.4. Wireless Telecommunications Overlay District 3

4. regulation of districts................................................................................................... 3

4.1...................................................................................................................................................................... General District 3

4.1.1. Use Regulations for the General District 3

4.1.1.1. Applicability 3

4.1.1.2. Uses and Structures Permitted in the General District by Right 3

4.1.1.3. Uses and Structures Permitted in the General District by Special Permit 4

4.1.2. Intensity Regulations for the General District 5

4.1.2.1. Table of Intensity Regulations 5

4.1.2.2. General Intensity Regulations for the General District 6

4.1.2.3. Special Intensity Regulations for the General District 6

4.2............................................................................................................................................... Jug End Residential District 7

4.3............................................................................................................................... Regulations Applying to All Districts 15

4.3.1. Nonconforming Uses and Structures 16

4.3.2. Signs 16

4.3.3. Junk Material 17

4.3.4. Travel Trailers and Mobile Homes 18

4.3.5. Earth Removal Regulations 18

5. SPECIAL DISTRICTS................................................................................................................ 20

5.1................................................................................................................................................ Flood Plain Overlay District 20

5.2........................................................................................... Wireless Telecommunications Overlay District (WTOD) 21

5.2.1. Purpose 21

5.2.2. Description 21

5.2.3. Relation to Other Districts 21

5.2.4. Applicability 21

5.3........................................................................................................ Personal Wireless Service Facilities and Towers 22

5.3.1. Purposes 22

5.3.2. Consistency with Federal Law 22

5.3.3. Definitions 22

5.3.4. Exempted Wireless Telecommunications Uses 25

5.3.5. Provision of Independent Consultants 25

5.3.6. Prohibition of Teleports 25

5.3.7. Wireless Telecommunications Overlay Districts 25

5.3.8. Application Requirements for a Personal Wireless Tower 25

5.3.9. Application Requirements for Subsequent Personal Wireless Service Facilities 30

5.3.10. General Requirements 30

5.3.11. Evaluation by Independent Consultants 33

5.3.12. Approval Criteria 34

5.3.13. Evaluation of Compliance and Inspection of Personal Wireless Service Facilities 34

5.3.14. Removal Requirements 36

5.3.15. Performance Guarantees 36

5.3.16. Fees and Insurance 36

5.3.17. Permit Expiration and Renewal 37

5.3.18. Severability Clause 37

6. ADMINISTRATION...................................................................................................................... 37

6.1.......................................................................................................................................................... Permits and Licenses 37

6.1.1. Compliance Required 37

6.1.2. Application 37

6.1.3. Construction in Accordance with Permit 38

6.2...................................................................................................................................................................... Special Permits 38

6.2.1. Special Permit Granting Authority 38

6.2.2. Review by Other Boards and Agencies 38

6.2.3. Procedures 38

6.2.4. Criteria 39

6.2.5. Conditions 39

6.2.6. Lapse 39

6.3..................................................................................................................................................... Zoning Board of Appeals 40

6.3.1. Membership 40

6.3.2. Powers 40

6.3.3. Decisions by the Zoning Board of Appeals 40

7. ENFORCEMENT......................................................................................................................... 41

7.1......................................................................................................................................................... Enforcement Authority 41

7.2.................................................................................................................................................................................... Violation 41

1. TITLE, AUTHORITY, AND PURPOSE

1.3. Purpose

1.3.1. The purpose of this Bylaw is to achieve greater implementation of the powers granted to the municipalities under Article 89 of the Amendments to the Constitution of the Commonwealth in the general interests of public health, safety and welfare, including but not limited to the following objectives:

1.3.1.1. To prevent overcrowding of land; to secure safety from fire, flood, panic and other dangers; to conserve health; to lessen congestion in the streets; and to permit housing for persons of all income levels;

1.3.1.2. To facilitate the adequate provision of transportation, water supply, drainage, sewerage, schools, parks, open space and other public requirements;

1.3.1.3. To conserve the value of land and buildings including the conservation of natural resources and the prevention of blight and pollution of the environment;

1.3.1.4. To preserve and increase amenities by the promulgation of regulations designed to:

a. Protect the Town's areas of scenic beauty, its brooks, ponds, wetlands and water resources, and other significant environmental features;

b. Minimize the adverse effects of development on natural resources and municipal facilities;

c. Employ cooperatively the various measures taken by the Town's agencies, under diverse legislative authority, including the State Environmental Code, Wetlands Protection Act, Subdivision Control Legislation, and the State Building Code, for the preservation of the Town's existing rural character, open spaces, low density of population, and in the interests of the Town's orderly growth at deliberate pace.

1.4. Applicability

1.4.1. This Bylaw, or any amendment thereto, shall take effect on the date on which such adoption or amendment is voted by the Town Meeting.

1.4.2. Upon the effective date of this Bylaw, it shall supersede the protective Bylaw and all amendments to it previously in effect.

1.5. Amendment

This Bylaw may be amended from time to time in an annual or Special Town Meeting in accordance with Chapter 40A, of the General Laws.

1.6. Separability

The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof.

2. DEFINITIONS

For the purpose of this Bylaw, the following words and terms as used herein shall have the meanings or limitations of meaning hereunder defined, explained or assigned.

ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

DWELLING, ONE FAMILY: A detached residential building containing one (1) dwelling unit and occupied by one (1) family only, but not including mobile homes whether placed on a foundation or not.

DWELLING, TWO FAMILY: A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.

DWELLING, MULTI-FAMILY: A residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

FAMILY: One (1) or more individuals related by blood, marriage or adoption, or not more than five (5) individuals who are not so related, living in a single dwelling unit on a regular residential basis.

FRONTAGE: The continuous distance along the street line, which provides direct access to the lot.

HOME OCCUPATION: A business conducted within a dwelling by a resident thereof as a use accessory thereto, involving no undue traffic or noise. For the purpose of this Bylaw, home occupation does not include gift shop, antique shop, art gallery or similar retail establishment.

LOT: A clearly defined parcel of land of at least sufficient size to meet minimum requirements for area, frontage, yards and other open spaces under this Bylaw.

LOT FRONTAGE: See FRONTAGE.

MOBILE HOME: A vehicular portable completely enclosed structure built on a permanent chassis, designed as dwelling unit to be transported after fabrication on its own wheels. For the purpose of this Bylaw, the term "mobile home" includes trailers incorporating the characteristics of mobile homes as herein defined.

MUNICIPAL USE: Any use of land in accordance with the General Laws governing municipal powers and functions including participation in regional uses.

SITE PLAN: A plan indicating, but not limited to the following: the location of all existing and proposed buildings, structures, access roads, driveways, parking areas and all proposed site improvements.

SPECIAL PERMIT GRANTING AUTHORITY: Either (1) the Board of Selectmen, or (2) the Zoning Board of Appeals, or (3) the Planning Board, whichever is empowered by these Bylaws to grant a special permit for a particular use or purpose, shall for that use or purpose be deemed the Special Permit Granting Authority.

STREET: A public way or a way which the clerk of the town certifies is maintained and used as a public way, a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or a way in existence when the subdivision control law became effective in the town in which the land lies, having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

ZONING BOARD OF APPEALS: The Board as provided in §6.3.

3. EStablishment of DISTRICTS

3.1. Types of Districts

3.1.1. The Town of Egremont has the following districts:

3.1.1.1. The GENERAL DISTRICT

3.1.1.2. The JUG END RESIDENTIAL DISTRICT

3.1.1.3. Overlay Districts

a. The FLOOD PLAIN OVERLAY DISTRICT

b. The WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT

3.2. Location of Districts

3.2.1. General District

The entire town except for the Jug End Residential District.

3.2.2. The Jug End Residential District

Includes the land shown on Plate 7A of the Board of Assessor’s Property Valuation Maps of the Town of Egremont dated 1980-81 as parcel #0278 including one thousand (1000) acres more or less.

3.2.3. Flood Plain Overlay District

The Flood Plain District is herein established as an overlay district. The Flood Plain District includes all special flood hazard areas designated as Zone A, A1-30 on the Egremont Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps, dated June 15, 1982, on file with the Town Clerk, Planning Board and Inspector of Buildings. These maps as well as the accompanying Egremont Flood Insurance Study are incorporated herein by reference.

3.2.4. Wireless Telecommunications Overlay District

The locations and boundaries of the Wireless telecommunications Overlay district (WTOD) are hereby established as shown on the map described in Section 5.2.2 of this Bylaw.

4. regulation of districts

4.1. General District

4.1.1. Use Regulations for the General District

4.1.1.1. Applicability

Except as provided by law or in this Bylaw, no building or structure shall be erected, and no building, structure or land or part thereof shall be used for any purpose or in any manner other than one or more of the uses hereinafter set forth as permitted by right or as permissible by special permit and so authorized by special permit in accordance with the provisions of this Bylaw.

4.1.1.2. Uses and Structures Permitted in the General District by Right

a. One (1) family dwelling.

b. Conversion of a one (1) family dwelling into a two (2) family dwelling.

c. Two (2) family dwelling.

d. Use of land and structures for agriculture, horticulture, viticulture or floriculture.

e. Religious or education use 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 nonprofit educational corporation.

f. Municipal or governmental use including parks, playgrounds or other recreational facilities owned or operated by a town agency.

g. Accessory uses and structures customarily incidental to a principal permitted use on the same premises, including but not limited to the following:

i. The use of a room or rooms in a dwelling or an existing accessory building by a resident occupant for practice of his or her occupation or craft, provided that any external evidence of any business is not detrimental to the rural type environment of the area.

ii. Rental of not more than four (4) rooms for residential purposes in a dwelling by a resident family provided no separate kitchen facilities are maintained.

iii. The display and sale by a resident of the premises at a roadside stand or otherwise, of natural products the major portion of which are produced on the premises.

iv. Display of sign or signs as regulated in §4.3.2 of this Bylaw.

v. Mobile home or travel trailer, as regulated in §4.3.4 of this Bylaw.

vi. The removal of earth materials, including stripping of topsoil when incidental to or required in connection with any of the following operations:

a) The erection of a building or structure on the lot for which a building permit has properly been issued and the construction of a private drive.

b) Any accessory use incidental to a permitted use, including cultivation, planting, drainage of land, or landscaping.

c) The construction of a private street in a subdivision approved under the Subdivision Control Law.

d) Municipal or governmental construction or operation.

4.1.1.3. Uses and Structures Permitted in the General District by Special Permit

a. Uses and land structures which may be authorized by the Planning Board by special permit in accordance with provisions of this Bylaw.

i. Multi-family dwelling, subject to the special requirements specified in §4.1.2.3.

ii. Retail business or consumer service establishment, subject to the special requirements specified in §4.1.2.1.

iii. Accessory buildings exceeding the maximums set for height in §4.1.2.1 of this Bylaw.

b. Structures for providing wired or wireless internet service or other wired telecommunications services other than those provided for in Section 5.2 and 5.3 of this Bylaw may be allowed by Special Permit from the Board of Selectman as follows:

i. Up to 180 square feet in floor area of an existing structure may be used to house this equipment. Any such structure shall be treated as an accessory building for purposes of Sections 4.1.2.1 and 4.1.2.2.a of this Bylaw provided that all other uses in the structure are accessory uses.

ii. Any new building to house such equipment shall have a footprint no greater than 180 square feet and be no more than 14 feet in height and shall be treated as an accessory building as in Section 4.1.1.3.b.i above.

iii. Poles supporting equipment for services under this section 4.1.1.3.b may not also be used for services under Section 5.2 and 5.3 unless approved under those sections. Poles shall be subject to side and rear setback requirements for accessory buildings.

4.1.2. Intensity Regulations for the General District

4.1.2.1. Table of Intensity Regulations

a. General

Any building or structure used for dwelling purposes or housing a principal permitted use, shall be so located on a lot as to meet the requirements of this Section except as specifically otherwise provided in this Bylaw.

b. Table of Intensity Regulations

Use	Minimum Lot Area	Minimum Frontage in Feet	Minimum Yard in Feet			Maximum Height in Feet ²
Use	Minimum Lot Area	Minimum Frontage in Feet	Front ¹	Side	Rear	Maximum Height in Feet ²
One Family	1 Acre	150	40	25	25	35
Existing One Family Converted to Two Family	1 Acre	150	40	25	25	35
Two Family	2 Acres	150	40	25	25	35
Multi-Family	2½ Acres ³	150	75	50	50	35
All Other Principal Uses ⁴	1 Acre	150	40	25	25	35
Private Garages, Sheds and Such Other Accessory Building	—	—	40	25	25	35

1) Measured from the right-of-way line where a plan of the way is on file with the Registry of Deeds, or in the absence of such plan, the front set-back shall be a minimum of sixty-five (65) feet from the center line of the travel way,

2) The height restrictions do not apply to agricultural buildings or structures, spires, chimneys, antennae or other appurtenances usually placed above roof level and not intended for human occupancy.

3) For the first three (3) dwelling units plus one half (1/2) acre of usable land for each additional dwelling unit.

4) Except as provided in §4.1.2.3.b.ii.

4.1.2.2. General Intensity Regulations for the General District

a. No more than one (1) dwelling or principal building shall be located on a lot.

b. No lot, or any building or structure thereon, shall be changed in size so as to violate area, frontage, setback, yard or any other requirements of this Bylaw.