[Amended 6-6-2022 ATM by Art. 24; 5-1-2023 ATM by Art. 33]
8.1.1. 
General. The two- and three-unit residential use of a single lot is permitted as set forth in Section 3.1.4, Table of Use Regulations. For the purposes of this section, any set of two or three dwelling units on a single lot, whether in the same building or in separate buildings, shall be considered a two- or three-unit residential use.
8.1.2. 
Requirements. All two- and three-unit residential uses shall comply with the following requirements:
1. 
Fire escapes and outside stairways leading to a second or higher story, where practicable, shall: not be located on any building wall facing a street; be located on the rear or side of the building; and comply with Section 4.2.3, Permitted projections into yards.
2. 
One and one-half off-street parking spaces shall be provided for each dwelling unit, located in such a manner that permeable surfaces, including lawns and/or garden areas but exclusive of all structures, driveways, walkways and parking spaces, shall be no less than 15% of the total area of the property. Deviation from this requirement may be permitted in accordance with Section 6.1.9.
3. 
Drainage controls shall be specifically designed and detailed on drawings.
[Amended 6-6-2022 ATM by Art. 23; 5-1-2023 ATM by Art. 33]
8.2.1. 
General. An accessory dwelling unit (ADU) is permitted in any district, except where an ADU is proposed in a legally preexisting nonconforming structure, in which case the ADU shall require a special permit issued by the Zoning Board of Appeals in accordance with Sections 5.0, 8.2, and 10.4.
8.2.2. 
Requirements.
1. 
Only one ADU may be established per lot.
2. 
An ADU may not in any case be larger than 900 square feet of net usable floor area. If a dwelling unit greater than 900 square feet of net usable floor area is created within a single-unit home, the residence will be considered a two-unit dwelling and will be subject to the requirements of Section 8.1 of this bylaw.
3. 
The structure in which the ADU is to be located must meet the zoning requirements for residences, except when it is a legally preexisting nonconforming structure and the Zoning Board of Appeals authorizes the use by special permit.
4. 
One parking space shall be provided in addition to that required by the present building. All required parking spaces, including the parking space for the ADU, must be provided no closer to the street than the building setback line. Deviation from these requirements may be permitted in accordance with Subsection 6.1.9.
5. 
An ADU may be created within a new or a previously existing single-unit or two-unit residential structure.
6. 
A home occupation may be allowed within any dwelling unit and/or accessory structure. Any such home occupation shall meet the provisions of Section 3.3.
7. 
Fire escapes and outside stairways leading to a second or higher story shall comply with Section 4.2.3.
8. 
Farm dwellings. More than one ADU shall be allowed on lands used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture, or viticulture as defined in MGL Ch. 128, § 1A, provided such ADUs are solely used for the farm's employees.
9. 
The Board of Health or its agent shall give its approval prior to the issuance of a building permit.
[Amended 5-1-2023 ATM by Art. 33; 5-3-2025 ATM by Art. 25]
8.3.1. 
General. Multi-unit residential uses may be permitted by-right or by special permit as set forth in the Table of Use Regulations, and shall require site plan approval in accordance with Section 10.5.
8.3.2. 
Definition. For the purposes of this section, the placing of more than three dwelling units on a single lot, under any circumstances, shall be considered a multi-unit residential use. Example: a lot with a three-unit residential use and an accessory dwelling unit would be classified as a multi-unit residential use.
8.3.3. 
Requirements. All multi-unit dwellings, whether permitted by right or by special permit, shall comply with all the following requirements, except as set forth in Section 8.3.4.
1. 
Permeable open space on the lot, including lawn and/or garden area but exclusive of structures, driveways, walkways and parking spaces, shall be no less than 25% of the total area of the property. The Planning Board may, by special permit pursuant to Section 10.4, authorize a deviation from the required percentage of permeable open space. In instances where an application for the project is pending before a different special permit granting authority, that body may, in accord with a finding by the Planning Board, authorize a deviation from the requirements of Section 8.3.3.
2. 
At least one off-street parking space shall be provided for each dwelling unit. No space shall be considered available for parking if such space reduces the effective width of a driveway providing access to more than one dwelling unit to less than 12 feet. In the event that the required parking spaces cannot be provided on the property, deviation from this requirement may be permitted in accordance with Section 6.1.9.
8.3.4. 
Exemptions for existing buildings in the Downtown B, B2X, HVC, MXD, and General Business B2 Districts. The requirements of Section 8.3.3 shall not apply to any multi-unit dwelling in a single existing building within the Downtown Business B District, B2, B2X, HVC, or MXD Districts.
8.4.1. 
General. For mixed uses in the B, B2, I, and I2 Zones, all of the following requirements shall apply. For mixed uses in the B3 Zone, see Section 9.4. For mixed uses in the HVC and HVOD Zones, see Sections 9.9 and 9.10 respectively. For mixed uses in MXD Zones, see Section 9.11.
8.4.2. 
Requirements.
1. 
When residential use is combined with other nonresidential permitted uses, the controlling dimensional requirements shall be the less restrictive.
2. 
Inside the Village Center Overlay District, at least 75% of street-level floor space shall be reserved for nonresidential use. Outside the Village Center Overlay District, at least 25% of street-level floor space shall be reserved for nonresidential use. The Planning Board, or the special permit granting authority (SPGA), if it is not the Planning Board, may, by special permit, reduce the nonresidential space requirement.
3. 
In all districts except the B District, only one parking space per dwelling unit shall be required in addition to those required of other nonresidential permitted uses where it can be shown by the applicant that joint use of parking will be compatible and adequate for all occupants.
4. 
Except as specifically set forth in this section, a special permit under this section does not replace other requirements of this bylaw.
[Amended 5-3-2025 ATM by Art. 23]
8.5.1. 
Purpose. The purpose of this Residential Cluster Development (RCD) section is to provide dimensional standards, open space and parking requirements, and design guidelines that will foster the development of smaller, modestly-sized residential units clustered around or near common open space.
8.5.2. 
Applicability. An RCD is permitted by right in those zoning district so designated in Section 3.1.4, the Table of Use Regulations.[1]
A project previously approved as a Planned Unit Residential Development (PURD) under the former provisions of Section 8.5 and with a special permit therefor recorded in the Registry of Deeds, may be modified as long all proposed modifications and improvements are in conformance with this section.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
8.5.3. 
Use regulations. Any combination of following primary uses are permitted in an RCD, whether in attached or separate structures:
1. 
Single-unit residential dwellings;
2. 
Two-unit residential dwellings;
3. 
Three-unit residential dwellings; and/or
4. 
Multi-unit residential dwellings.
Further, any accessory use permitted in the underlying zone, as set forth in the Table of Use Regulations, shall be permitted in an RCD.
8.5.4. 
Density and dimensional regulations. The following requirements relating to the density of residential units and the intensity of land use shall be met:
1. 
An RCD may be developed with structures on one lot or on contiguous lots.
2. 
Minimum number of dwelling units per RCD: four.
3. 
Maximum number of dwelling units per RCD: 60.
4. 
At least 75% of the units shall have a maximum net useable floor area per dwelling unit of 1,200 square feet.
5. 
Cluster requirement. Dwelling units shall be clustered in groups of at least four, and the maximum distance between any two abutting units within a cluster shall be not more than 20 feet.
6. 
Other requirements are as follows:
Minimum setback to exterior property lines
District
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Maximum site coverage by buildings
Maximum height
(ft.)
R1A
25
20
30
20%
35
R1B
25
10
30
25%
35
R2
50
20
30
20%
35
R3
25
10
30
25%
35
R4
50
20
30
10%
35
B3
10
10
10
75%
40
MXD
15
10
10
75%
40
12
10
10
10
75%
35
8.5.5. 
Parking. A minimum of one off-street parking space shall be provided for each dwelling unit in an RCD.
1. 
Parking areas shall be located in clusters of spaces, rather than an individual parking space being located at each dwelling unit.
2. 
Parking areas shall be located, designed, and landscaped so their visual presence is minimized and associated noise or other impacts do not intrude into public spaces or adjacent properties, to the extent practicable.
8.5.6. 
Open space. All land within the RCD which is not covered by buildings, roads, driveways, parking areas or service areas, and which is not set aside as yards, patios, gardens, or similar areas for the exclusive use of a resident, shall be common open space, useable by any resident of the RCD. The area of the common open space shall equal at least 35% of the total area of the RCD.
The common open space shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation, and/or agricultural purposes.
8.5.7. 
Roadways. No vehicular roadway in an RCD shall have a traveled way width less than 16 feet wide nor more than 22 feet wide. Stabilized shoulders in order to provide wider traveled surfaces for emergency services are permitted if required by the Fire Department. Any proposed RCD of more than 40 dwelling units shall have at least two access roadways separated by at least 100 feet.
8.5.8. 
Application and review procedures. All RCD projects require site plan approval by the Planning Board in accordance with Section 10.5. Prior to submitting a site plan application in accordance with the requirements of Section 10.5, the RCD project applicant shall submit a preliminary site plan as follows:
1. 
At least 45 days prior to applying for site plan approval, the applicant shall file a preliminary site plan application with the Planning Board, and the Planning Board shall hold a meeting with the applicant within 30 days of receipt of the preliminary application to review and discuss the application and provide feedback to the applicant.
2. 
The preliminary site plan application shall include at least a sketch plan of the project and a narrative description with sufficient detail to form a clear basis for discussion. The narrative shall include information regarding the site's proposed services or utilities and their approximate locations including lighting, household waste, water, wastewater, and stormwater. The narrative shall also include a discussion of the proposed open space and planned uses thereof, landscaping, gardens, utilities, roadways, and parking areas, including how these areas will be owned and maintained, and preliminary information about possible traffic generation and traffic safety within the site as well as exiting and entering the site.
8.6.1. 
General. As a temporary dwelling, one trailer, recreational vehicle, or mobile home may be permitted and used as a dwelling on any standard lot for not more than 60 days in any twelve-month period. A permit from the Building Inspector is required. The special permit granting authority may, however, allow such use for a longer period of time by special permit in hardship cases, provided that a time limit of 12 months is imposed as part of the authorization.
8.7.1. 
Purpose. The primary purposes for the open space residential development (OSRD) bylaw are the following:
1. 
To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, wetlands, steep slopes and historical and archaeological resources;
2. 
To enhance existing open space resources in the Town of Great Barrington by addition of adjacent lands, linkage of trail systems or wildlife habitat in a manner that is consistent with the Town of Great Barrington's Open Space and Recreation Plan;
3. 
To encourage development that consumes less open land and conforms to existing topography and natural features better than conventional subdivision design;
4. 
To minimize the total amount of land disturbance on the site;
5. 
To allow for greater flexibility and creativity in the design of residential development;
6. 
To facilitate the construction and maintenance of housing, streets, utilities and public services in a more economical and efficient manner;
7. 
To add to the visual amenities of the area for persons passing a site of residential development or overlooking it from nearby;
8. 
To encourage construction of diversified housing.
8.7.2. 
Applicability. Only those parcels located in an R2 or R4 District shall be eligible for an OSRD special permit. An OSRD may be allowed on parcels five acres or greater. Any subdivision of a parcel of five acres or greater in size which will create more than two additional residential lots may be undertaken by special permit application to the Planning Board for an OSRD.
1. 
Parcels less than five acres require a separate finding. Any subdivision of parcels less than five acres in size for residential purposes may be undertaken by special permit as an OSRD subdivision under this section if the Planning Board finds that the potentially smaller, fragmented open space area(s) to be created and preserved in the proposed design would provide a significant benefit to the public interest.
8.7.3. 
Noncontiguous parcels. Parcels that are not contiguous shall not be eligible for special permit application as a single OSRD development, unless the Planning Board finds that the open space area(s) to be preserved in the proposed design would provide a significant benefit to the public interest.
8.7.4. 
Permitted residential uses. Residential uses permitted in OSRD developments shall be single- or two-family dwellings.
8.7.5. 
Land division. To be eligible for an OSRD special permit, the parcel(s) may be a subdivision or a division of land pursuant to MGL c. 41, § 81P.
8.7.6. 
Ownership. An OSRD may be owned under any form of ownership legally permitted in the Commonwealth of Massachusetts.
8.7.7. 
Preliminary discussion and determination of project density. Applicants must submit plans and materials for review by the Planning Board, prior to formal application for a special permit, to assist the Planning Board in making a determination regarding the maximum number of dwelling units to be permitted on the tract of land proposed for OSRD. The following items shall be submitted: a base plan and either a mathematical determination of yield or a yield plan.
8.7.8. 
Base plan. The base plan should contain sufficient information about ownership, property description, property access and natural resources to indicate the development potential of the property, and shall be prepared at an appropriate scale, based on the size of the property, to convey the information accurately. The following information should be provided on a base plan:
1. 
Boundary survey of the property showing all easements;
2. 
The names and locations of all streets providing access to and abutting the property;
3. 
Topographic information at 10 feet or three meter contour lines, including delineation of slopes of 25% or greater;
4. 
The zoning district(s) the property is located in, including all overlay districts;
5. 
The location of areas of protected open space on the subject property or abutting the property, including, but not limited to, land under a conservation restriction, agricultural preservation restriction or classified for taxation purposes under Chapter 61, Chapter 61A, or Chapter 61B of the General Laws;
6. 
The location of wetlands and vernal pools;
7. 
The location of lakes, streams, riverfront areas and other resources under the jurisdiction of the Wetlands Protection Act;
8. 
The location of land in agricultural use;
9. 
The location of land containing prime agricultural soil and soil of state and local importance, as defined in the Berkshire County, Massachusetts, Soils Rating Guide July 2002, or subsequent version, available from the Natural Resources Conservation Service;
10. 
Floodplain or floodway areas;
11. 
Sewage disposal capacity: either the location of municipal sewer mains; or evidence, as approved by the Board of Health, that the property has the capacity for on-site septic disposal as demonstrated by a representative sample of deep hole test pits and percolation test results along with evidence that the representative samples have been taken in locations that are consistent with the geology of the property;
12. 
The location of estimated, priority and core habitats as established by the Natural Heritage and Endangered Species Program of the Massachusetts Division of Fisheries and Wildlife;
13. 
North arrow and a graphic scale;
14. 
Areas believed to be developable;
15. 
Summary table indicating the total area of developable land. For the purposes of this section, developable land shall not include wetlands as defined in the Wetlands Protection Act (Chapter 131, Section 40 of Massachusetts General Laws), vernal pools, slopes of 25% or greater and areas subject to existing valid open space restrictions.
8.7.9. 
Other material. Applicants may provide other information about the development suitability of the property, opportunities for alternative designs and how the project might accomplish the intent and purposes specified herein. Form B-1, Inventory of Constraints and Opportunities, as found in the Appendix of the Planning Board's Subdivision Regulations, Chapter 240, may be used to guide the discussion and to enhance understanding of the site.
8.7.10. 
Determination of yield. Working with the Planning Board, applicants have two options to determine the maximum number of dwelling units to be permitted on a parcel(s) of land: a mathematical determination of yield; or a yield plan.
1. 
Mathematical determination of yield. The mathematical determination of yield is intended to be a simplified method to determine the maximum number of dwelling units allowed on the parcel(s). The mathematical determination of yield is calculated as follows:
Step 1: Determine presumed area of developable land. Based on the material shown on and submitted with the base plan, the applicant shall work with the Planning Board to determine the presumed area of developable land.
Step 2: Calculate presumed amount of developable land. The mathematical determination of yield assumes 30% of the developable land area is needed for infrastructure improvements. For the purposes of the mathematical determination of yield, the presumed area of developable land determined in Step 1 is multiplied by 70% to indicate the total amount of developable land.
Example: On a 100-acre parcel, 60 acres are determined, after working with the Planning Board, to be the presumed area of developable land. The presumed amount of developable land is 42 acres (60 x 0.7).
Step 3: Calculate the maximum number of allowable lots. The maximum number of allowable lots is determined by taking the presumed amount of developable land and dividing it by the minimum lot area requirement in the zoning district as shown in Section 4.0, Schedule of Dimensional Requirements.
Example: From the example above, the amount of developable land is 42 acres. The minimum lot size in the R4 District is two acres. Therefore, the maximum number of allowable lots is 21 (42 ÷2.0).
2. 
Yield plan. A yield plan is intended to indicate the number of lots the applicant believes would be attainable if the parcel(s) were developed as a conventional subdivision consistent with Great Barrington's Subdivision Rules and Regulations. In addition to the information shown on the base plan, the yield plan should show, using an appropriate scale, the locations of all streets and easements within the proposed development and the proposed layout of lots indicating the lot size, frontage and setbacks for all lots shown. The yield plan should contain sufficient information to indicate the plan could comply with the Great Barrington Subdivision Rules and Regulations. This number of lots will be subject to validation once the applicant has obtained the applicable development permits and submitted suitable engineering studies necessary to substantiate the developable area of land.
8.7.11. 
Determination of final project density. Based on the mathematical determination of yield or yield plan submitted to the Planning Board, the Planning Board shall determine the maximum number of lots that could be achieved on the parcel(s), and shall notify the applicant in writing of its decision within 30 days of such submission.
1. 
The maximum number of lots shall be used in conjunction with the proposed amount of protected open space to determine the final project density. The greater the area proposed for protected open space, the greater the allowed increase in final project density.
2. 
The minimum area of the protected open space must be 50% of the area of developable land. When the 50% minimum area of the developable land is dedicated to protected open space, the permitted density allowed under the OSRD special permit may not exceed 125% of the number of lots determined by the mathematical determination of yield or yield plan.
3. 
At this point, the maximum number of lots becomes the maximum number of dwelling units permitted, whether or not they are constructed as one- or two-family dwellings.
Example: Using the above example, the maximum number of allowable lots, as determined by the mathematical determination of yield, is 21. With a dedication of 50% of the developable land area as protected open space the applicant could construct 26 dwelling units (21 x 1.25 = 26.25 [ignore fractions] = 26).
4. 
For every 1% above 50% of the total area of developable land dedicated to protected open space, the permitted maximum density allowed under the OSRD special permit may, at the sole discretion of the Planning Board, be increased 2% to a maximum density bonus of 50%.
Example: Using the example developed previously, if instead of the minimum 50% of the area of developable land dedicated to protected open space that percentage is increased to 62.5% then the applicant could construct 31 dwelling units (21 x 1.5 = 31.5 [ignore fractions] = 31).
8.7.12. 
Design criteria and considerations.
1. 
Protected open space requirements. Consistent with the purposes of this bylaw, the Planning Board must be satisfied, in its sole discretion, that the characteristics of the open space offered for preservation ensure an appropriate benefit to the public interest in exchange for the bonus provisions of OSRD design.
2. 
Site context. Consistent with the purposes of this bylaw, the Planning Board must be satisfied, in its sole discretion, that the proposed development is consistent with the context of the neighboring property, considering such items as physical, transportation and cultural connections to surrounding land uses and activities.
3. 
Grouping of structures. There shall be grouping of principal structures and their associated accessory structures. This grouping must be based upon some common unifying and recognizable organizing principle, such as a courtyard, driveway, view orientation or parking area that defines the inter-relationship of the structures.
4. 
Protected open space requirement. A minimum of 50% of the developable land area shall be protected open space.
Example: On a parcel with 100 acres of developable land, a minimum of 50 acres must be left as protected open space.
5. 
Contiguity of protected open space. Protected open space shall be contiguous to the maximum extent practicable, i.e., connected to other open space within or adjacent to the proposed OSRD development. The Planning Board may waive this requirement for all or part of the required protected open space where it finds, in its sole discretion, that allowing noncontiguous open space will promote the goals of this bylaw.
6. 
Areas used for rights-of-way, buildings, courtyards, parking, pools, tennis courts or other uses that create impervious surfaces or other intensive uses shall not be counted towards the total open space acreage required to be preserved, even though they may be held in common ownership by a single entity such as a homeowners' association and restricted from further development.
7. 
Pedestrian and bicycle circulation. Trails and bicycle paths may be provided to link residences with recreation facilities (including parkland and open space) and adjacent land uses where appropriate. Open space dedicated to these uses may be counted towards the total protected open space acreage requirement.
8. 
Setbacks and protected open space. Required setbacks may, at the Planning Board's discretion, be counted towards the required protected open space provided that counting the setback as open space furthers the purposes of this bylaw.
9. 
Areas devoted to wastewater disposal, stormwater management systems and wellhead protection serving the OSRD may be counted towards the total open space acreage required to be preserved. The area (to top of berm) of stormwater management devices, such as retention and detention ponds, may be counted towards the total open space acreage required to be preserved.
8.7.13. 
Ownership of protected open space. The protected open space shall be conveyed to:
1. 
The Town or its Conservation Commission and/or Parks Commission; or
2. 
A nonprofit organization, the principal purpose of which is the conservation of open space for the purposes set forth by the applicant; or
3. 
The homeowners' association. Maintenance of open space owned by a homeowners' association shall be permanently guaranteed by an arrangement providing for mandatory assessments for maintenance expenses to each ownership interest. Each such association shall be deemed to have assented to allow the Town to perform maintenance of such open space and associated facilities, if the association fails to provide adequate maintenance, and shall grant the Town an easement for this purpose. Before the Town performs such maintenance, the Town shall first provide 14 days' written notice to the association as to the inadequate maintenance, and, if the association fails to complete such maintenance, the Town may perform it at the association's expense. Each individual deed and the trust or articles of incorporation shall include language designed to effect these provisions. Documents creating such corporation, trust or association shall be submitted to the Planning Board for approval, and shall thereafter be recorded with the Registry of Deeds.
8.7.14. 
Open space use restriction. Any proposed protected open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, wildlife management, educational or nonmotorized recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
8.7.15. 
Encumbrances. All areas to be set aside as protected open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.
8.7.16. 
Monumentation. Where the boundaries of the protected open space are not readily observable in the field, the Planning Board may require placement of surveyed bounds sufficient to identify the location of the open space being preserved.
8.7.17. 
Dimensional requirements.
1. 
Minimum lot area. There shall be no minimum lot area for lots within an OSRD development.
2. 
Setbacks from original parcel(s) boundary. A buffer area of 100 feet shall be provided at the perimeter of the parcel(s), except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area shall be disturbed, destroyed or removed, except for normal maintenance or to meet screening requirements. This requirement may be reduced, at the discretion of the Planning Board, to no less than 50 feet: where the land abutting the site is the subject of a permanent restriction for conservation or recreation; or where the land abutting the site is held by the Town for conservation or recreation purposes; or it is determined, by the Planning Board, that a smaller buffer will suffice to accomplish the purposes specified herein.
3. 
Minimum frontage. There shall be no minimum frontage for lots within an OSRD development.
4. 
Minimum side and rear yard. Except for the required setback from the original parcel(s) boundary, there shall be no minimum side and rear yard setbacks.
5. 
Minimum front yard. Every structure fronting on proposed new roads within the OSRD shall be set back a minimum of 20 feet from the traveled way. The minimum front yard setback from existing road rights-of-way shall be as required in the applicable zoning district.
6. 
No structure may be built in the road right-of-way.
7. 
Maximum lot coverage: There shall be no maximum lot coverage in an OSRD development.
8. 
Height of building. The maximum height for buildings within an OSRD development shall conform to the requirements of the zoning district.
8.7.18. 
OSRD application for special permit and preliminary plan review and approval. The special permit granting authority (SPGA) may grant an OSRD special permit and concurrently approve a preliminary subdivision plan under the procedures outlined in MGL c. 41, §§ 81S and 81T and Chapter 240 of the Town Code (the Planning Board's Rules and Regulations Governing the Subdivision of Land). The Planning Board may, at its sole discretion, require studies to be prepared, at the applicant's expense, to make findings regarding access, water supply, sewage disposal, water quality, stormwater management, erosion control, rare and endangered species, and historic and archaeological sites, among other possible studies. The Planning Board's consultant(s) may be retained at the applicant's expense in accordance with MGL c. 44, § 53G. OSRD application for special permit and preliminary plan review and approval requires the applicant to submit the following materials prior to scheduling the OSRD special permit hearing:
1. 
An application and required fee for the special permit on the latest form provided by the SPGA;
2. 
A completed Form B-1 "Inventory of Constraints and Opportunities;"
3. 
Six copies of the OSRD development plan, which shall meet the requirements for a preliminary plan under Chapter 240 of Town Code (the Planning Board's Rules and Regulations Governing the Subdivision of Land).
8.7.19. 
OSRD development plan and definitive plan review and approval. The final OSRD development plan may be approved by the Planning Board in the same manner as a definitive plan submitted for a conventional subdivision in accordance with MGL c. 41, § 81U and under Chapter 240 of Town Code (the Planning Board's Rules and Regulations Governing the Subdivision of Land).
8.7.20. 
Findings. The application for OSRD may be approved, approved with conditions, or denied after the Planning Board determines whether the OSRD better promotes the purposes of this section than would a standard subdivision development, as defined by the Planning Board's Rules and Regulations Governing the Subdivision of Land. The Planning Board's findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the application for special permit. The Planning Board shall impose conditions in its decision necessary to ensure compliance with this section.
8.7.21. 
Conditions. Subdivision approval shall be conditioned to provide that no further division of land which increases the number of lots may occur without prior written approval from the Planning Board. Subdivision approval shall also be conditioned to provide that no alteration of protected open space may occur without prior written approval from the Planning Board.
8.7.22. 
Minor modifications. Alteration of lot lines or layout of ways or grading shall require approval of the Planning Board, which may be granted without a formal special permit application, and shall comply with the requirements of this OSRD bylaw and the Rules and Regulations Governing the Subdivision of Land.
8.8.1. 
General. A residential facility occupied primarily by persons 55 years of age and older including their spouses or surviving spouses, and including rooms occupied by resident staff personnel. An assisted living residence, as defined in this bylaw, can include the full range of nursing care from total to only partial assistance. Such assisted elderly housing facility providing shared food preparation services but also allowing limited residential unit food preparation areas and providing common recreational, laundry, social, medical and service facilities for the exclusive use of residents of the assisted elderly housing.
8.8.2. 
Special permit. Assisted living residences may be allowed by special permit from the Planning Board, or in the case of a PURD as set forth in Section 8.5 from the Selectboard, if the following conditions are met:
1. 
The scale of the proposal does not detract from the residential character of the neighborhood.
2. 
The architecture of buildings is residential in character, particularly providing gabled roofs, predominately wood siding, an articulated footprint and varied facade. Alternate architectural styles or materials can be considered if appropriate to the site and not out of character with the neighborhood.
3. 
Public or private roads which lead to the property are of adequate design, width, and condition to handle proposed traffic.
4. 
Proposed traffic will not severely change the residential character of the neighborhood.
5. 
The Board of Health confirms that the assisted living residence can be accommodated with respect to onsite water, onsite septic disposal and any other standards of the Board of Health. In the case of public water or public sewer, the water district or Town sewer department, respectively, must certify in writing that the assisted living residence can be accommodated.
6. 
Parking areas are screened from adjacent streets and properties, and have additional landscaped areas within the parking area to reduce the impact of large paved areas.
8.8.3. 
Signs. Signs shall be limited to one identification sign no more than six square feet in area except for traffic/parking/pedestrian regulation signs as required by the Planning Board. A second identification sign may be allowed if the Planning Board determines it is needed.
8.8.4. 
Lighting. All lighting units shall be located no higher than 14 feet, with lights shielded to direct light downward. Lighting shall not cause glare onto abutting properties.
8.8.5. 
Density. The maximum number of residential units or beds allowed on a site shall be determined by the Planning Board based on such factors as but not limited to, impact on the neighborhood, affordability for residents, quality of life, and provision for adequate open space, recreational facilities, parking, landscaping, and buffers.
8.8.6. 
Parking. Off-street parking requirements apply except that if the site plan submitted to the Planning Board meets off-street parking plan submittal requirements, the site plan approved in the special permit process shall be the approved off-street parking plan. Parking spaces shall be provided at the rate of one per unit and one for each employee on the largest shift.
8.8.7. 
Conditions. The Planning Board may impose additional restrictions or conditions to maintain the residential character of the neighborhood.
8.9.1. 
Special permit. The special permit granting authority (SPGA) may grant a special permit for publicly financed nonprofit age-restricted housing and/or for physically handicapped residents, constructed with financing through Federal Housing and Urban Development (HUD) assistance and/or as authorized under the provisions of MGL Chapter 121, §§ 26SS through VV, inclusive, as well as any other applicable sections of the General Laws, all as most recently amended. Said special permit may allow such housing in the zoning districts specified for such use in the Table of Use Regulations.
8.9.2. 
Conditions.
1. 
There shall be no more than 60 dwelling units in the project. All units may be in one building.
2. 
The project shall be served by Town water and Town sewer.
3. 
There shall be a minimum of 1,700 square feet of lot area per dwelling unit.
4. 
In no case shall there be a total lot area of less than 1.5 acres.
5. 
The lot shall have frontage of not less than 150 feet on a public way.
6. 
No building shall have a front yard less than 50 feet from any public way, and all buildings shall have minimum rear and side yards as regulated in Section 4.0.
7. 
There shall be a distance of not less than 40 feet between buildings.
8. 
All driveways shall be constructed to a standard at least equal to the standards set forth in the Planning Board's Subdivision Regulations, and all public utilities shall be installed in accordance with said Subdivision Regulations.
9. 
No structure shall exceed 2 1/2 stories or 35 feet in height, except as otherwise provided herein.
10. 
Within the development, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with conventional and accepted site-planning standards and to the satisfaction of the Planning Board.
11. 
Front yards and all open areas shall be suitably landscaped and maintained with grass, trees, flowers, shrubs and/or walks. Such landscaping shall be specified in detail on the site plan and shall be made a condition of the special permit.
12. 
The proposed development shall be so located with respect to major thoroughfares and uses outside the development as not to create traffic hazards or congestion. Before issuance of a special permit by the SPGA, the Chief of Police and the Highway Superintendent shall give their written approval of said location.
13. 
When filing an application with the SPGA, the applicant shall submit at least six copies of a site plan showing, in addition to all information required by Section 10.4, the general plan and elevations of the buildings, as well as provisions for proposed parking spaces, interior roadways, walkways, drainage and recreational facilities.
14. 
Such site plan, subject to such amendment thereof as may be required by the Planning Board under the provisions of this bylaw, shall be made a part of the building permit.
15. 
All repairs, renovations or construction specified by the applicant in his application shall be completed to the satisfaction of the Inspector of Buildings before an occupancy permit is issued.
16. 
There shall be separate toilet, bath and kitchen facilities for each dwelling unit.
17. 
Fire escapes and outside stairways leading to a second or higher story shall, where practicable, be located on the rear of each building, shall not be located on any building wall facing a street and shall comply with Section 4.2.3.
18. 
Drainage controls as deemed necessary by the SPGA shall be specifically described as an added condition of the special permit.
19. 
The minimum off-street parking requirements shall be one space for each dwelling unit.
20. 
No straight wall shall be longer than 100 feet. There shall be an offset of at least 10 feet between straight walls.
8.10.1. 
Purpose:
1. 
To provide for the conversion of existing legally permitted nursing homes in residential zones to a more marketable use;
2. 
To retain and enhance the existing property tax base; and,
3. 
To protect surrounding residential neighborhoods from undue impacts from the new use.
8.10.2. 
Special permit required. Nursing homes in Residential zoning districts that were existing as of January 1, 2020, may be converted to a multifamily development by special permit from the Planning Board only if the Planning Board, after a public hearing, finds the following conditions are met:
1. 
The scale of the proposal, whether in existing and/or in additions or new structures, is not more detrimental to the residential neighborhood than the existing or previous nursing home use.
2. 
Public or private roads and driveways which lead to the property are of adequate design, width, and condition to handle proposed traffic.
3. 
Proposed traffic will not severely change the residential character of the neighborhood.
4. 
The development is or shall be served by sidewalks, bike lanes, and/or transit to the extent practicable.
5. 
The Board of Health confirms that the new proposed use can be accommodated with respect to onsite water, onsite septic disposal and any other standards of the Board of Health. In the case of public water or public sewer, the water district or Town sewer department, respectively, must certify in writing that the new proposed use can be accommodated.
6. 
Parking areas are screened from adjacent streets and properties, and have additional landscaped areas within the parking area to reduce the impact of large paved areas.
8.10.3. 
Signs. Signs shall be limited to one identification sign no more than nine square feet in area except for traffic/parking/pedestrian regulation signs as required by the Planning Board. A deviation from this requirement may be authorized during the special permit process if the SPGA determines additional signs are not detrimental to the neighborhood.
8.10.4. 
Lighting. All lighting units shall be located no higher than 14 feet, with lights shielded to direct light downward. Lighting shall not cause glare onto abutting properties.
8.10.5. 
Density. The maximum number of residential units allowed on a site shall be determined by the Planning Board based on such factors as but not limited to, impact on the neighborhood, provision for adequate onsite amenities such as open space, recreational facilities, parking, landscaping, and buffers to surrounding residential areas.
8.10.6. 
Parking and loading. Parking spaces for such uses shall be provided at the rate of at least one space per dwelling unit. There shall be at least one loading space. Deviation from these requirements may be granted by the SPGA.
8.10.7. 
Conditions. The Planning Board may impose additional restrictions or conditions to maintain the residential character of the neighborhood.
8.10.8. 
Site plan review. Proposals shall also be subject to Planning Board Site Plan Review as set forth in Section 10.5.
[Added 5-6-2024 ATM by Art. 19]
8.11.1. 
Purpose. The purpose of this section is to encourage the development of coliving, a housing option that generally is more affordable to residents because typical housekeeping facilities are shared in common with other residents. Coliving developments generally have no more than two persons per unit and typically comprise one or two rooms per unit.
8.11.2. 
General. Coliving, as defined in Section 11.0 of this bylaw, may be permitted by right or by special permit as set forth in the Table of Use Regulations, Section 3.1.4.[1] Other residential uses may be permitted on a coliving residential development site to the extent they are permitted in the underlying district. All coliving developments shall require site plan approval in accordance with Section 10.5.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
8.11.3. 
Requirements.
1. 
Area: Individual coliving units shall have a minimum of 150 square feet of net usable floor area.
2. 
Management: All coliving development projects shall require the filing of a management plan with the Planning Board at the time of site plan application. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, security procedures, trash collection and recycling services policies, and contact information of management and owner, and the plan shall be updated as necessary and filed concurrently with annual inspections.
3. 
Common bathrooms: Common bathrooms must be located on any floor with units that do not have their own full bathrooms. Common bathrooms shall contain at least a) one water closet for up to eight occupants on the floor, b) one lavatory for up to eight occupants on the floor, and c) one bathtub or shower for up to eight occupants on the floor. For occupancies greater than eight, the minimum ratio of one water closet, lavatory and bath or shower to eight occupants shall be retained.
4. 
Common cooking and kitchen facilities: Complete common cooking facilities/kitchens shall be provided if any unit within the project does not have a kitchen. Any area that may be used for common cooking and food preparation must be defined in building plans and shall meet the applicable health and building codes, licensing, and inspection requirements of the Commonwealth of Massachusetts and Great Barrington Board of Health.
5. 
Parking: Off-street parking for residents shall be provided at a rate of at least one space for each coliving unit. Employee parking shall be provided at a rate of at least one space per two employees.
6. 
Bicycle parking: Projects shall provide at least one bicycle parking space per four units. The bicycle parking spaces shall allow for the secure storage of bicycles, shall be protected from the weather, and shall be located in a clearly designated, safe and accessible location.
7. 
Laundry facilities: Projects with up to 10 units shall have a minimum of two washers and two dryers provided in a separate room in the development. For projects with more than 10 units, additional washers and dryers shall be provided at a rate of a minimum of one washer and one dryer for every 10 units.
8. 
Common space: Projects shall have at least 10 square feet of common usable open space per unit; no project, however, shall provide less than 200 square feet, each, of common outdoor space and common indoor open space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.
9. 
The Planning Board may, by special permit pursuant to Section 10.4, authorize a deviation from the requirements of this section.