[Amended 6-6-2022 ATM by Art. 22]
9.1.1.
Purpose. The Flood Plain Overlay District (FPOD) has been established
to provide that lands in the Town subject to seasonal or periodic
flooding shall not be used for residential or other purposes in such
a manner as to endanger the health or safety of the occupants thereof,
or of the public, and to assure the continuation of the natural flow
pattern of the watercourses within the Town in order to provide adequate
and safe floodwater storage capacity to protect persons and property
against the hazards of flood inundation. It is further intended to
protect, preserve and maintain the water table and water recharge
areas within the Town so as to preserve present and potential water
supplies for the public health and safety of the residents of the
Town.
9.1.2.
Definitions. Pertinent definitions of flood zones delineated
in Great Barrington (e.g., Zone A, Zone A1-30, etc.) may be found
in the US Code of Federal Regulations, Title 44, Part 64.3. Additional
terms applicable to the FPOD are found in Section 11 of this bylaw
and US Code of Federal Regulations, Title 44, Part 59.
9.1.3.
Location. The general boundaries of the FPOD are shown on the
Great Barrington Flood Insurance Rate Map (FIRM), dated July 19, 1982,
as Zones A and A-1-30 to indicate the 100-year floodplain. The exact
boundaries of the district are defined by the flood profiles contained
in the Flood Insurance Study, dated July 19, 1982. The floodway boundaries
are delineated on the Great Barrington Flood Boundary and Floodway
Maps (FBFM), dated July 19, 1982, and further defined by the floodway
data tables contained in the Flood Insurance Study. These two maps,
as well as the accompanying study, are incorporated in this bylaw
by reference and are on file with the Town Clerk, Planning Board,
Inspector of Buildings and Board of Health. In A Zones, in the absence
of FEMA base flood elevation data and floodway data, the Building
Department will obtain, review and reasonably utilize base flood elevation
and floodway data available from a federal, state, or other source
as criteria for requiring new construction, substantial improvements,
or other development in Zone A to comply with one or more of the following:
elevating residential structures to or above base flood level; floodproofing
or elevating nonresidential structures to or above base flood level;
and prohibiting encroachments in floodways. The two above-referenced
maps and related study cover specifically the Housatonic River, Green
River, Williams River and Alford Brook and related wetlands. There
are other inland wetlands that are covered and are shown generally
on a map prepared by Robert G. Brown and Associates, Inc., and entitled
"Delineation and Description of the Green, Williams and Housatonic
River Flood Plain and the Inland Wetlands in the Town of Great Barrington,
Massachusetts," dated 1974. In cases of conflict between the Robert
G. Brown and Associates, Inc., and FIRM and FBFM maps, the latter
two maps shall govern.
9.1.4.
Floodways. All encroachments, including fill, new construction,
substantial improvements to existing structures and other developments
in the floodway are prohibited unless certification by a professional
engineer registered and licensed in the Commonwealth of Massachusetts
is provided by the applicant demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the 100-year flood. Any encroachment meeting the above standard
shall comply with the floodplain requirements of the State Building
Code. In A Zones along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local, or
other floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
9.1.5.
Special permit required. Any person desiring to establish any
permitted use in a FPOD involving or requiring the erection of new
structures and/or alteration or moving of existing structures or dumping,
filling, transfer, relocation or excavation of earth materials or
storage of materials or equipment, or parking of recreational vehicles,
shall submit an application for a special permit to the special permit
granting authority (SPGA) in accordance with the provisions of Section
10.4. The Selectboard shall be the SPGA for floodplain special permits.
Such special permit application shall describe in detail the proposed
use of the property and the work to be performed and shall be accompanied
by plans as specified therein. In addition to the information required
thereby, such plans shall also include boundaries and dimensions of
the lot, existing and proposed drainage easements, all existing and
proposed fill, existing and proposed sewage disposal facilities, means
of access and mean sea-level elevation, with contour separation of
two feet or less, of the existing and proposed land surface, cellar
floor and first floor. All plans shall be prepared and certified by
a professional engineer registered and licensed in the Commonwealth
of Massachusetts. The special permit application shall include a checklist
of all local, state and federal permits that will be necessary in
order to carry out the proposed development in the FPOD. The applicant
must acquire all necessary permits, and must submit the completed
checklist demonstrating that all necessary permits have been acquired
prior to issuance of any permit by the Building Inspector.
9.1.6.
Decision. The SPGA may issue a special permit in compliance
with all applicable provisions of this bylaw, for establishment or
alteration of a permitted use in a FPOD, provided that the SPGA determines
the following. Such findings shall be in addition to the findings
required by Section 10.4.
1.
The use would otherwise be permitted if such land were not, by operation
of this section, in the FPOD;
2.
The use of such land for the proposed purpose will not interfere
with the general purpose for which such FPODs have been established;
3.
That the floor level of areas to be occupied by human beings as living
or working space shall be at an elevation in accordance with the State
Building Code;
4.
That furnaces and utilities are protected from the effects of flooding
and that the structure will withstand the effects of flooding in accordance
with the State Building Code;
5.
That the proposed construction, use or change of grade will not obstruct
or divert the flood flow, reduce natural water storage or increase
stormwater runoff so that water levels on other land are substantially
raised or danger from flooding increased;
6.
That safe vehicular and pedestrian movement to, over and from the
premises is provided in the event of flooding; and
7.
That the proposed methods of drainage and sewage disposal are approved
by the Board of Health and will not cause pollution or otherwise endanger
health in the event of flooding.
8.
If Zones AO and AH exist on the applicable FIRM, that adequate drainage
paths are provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
9.1.7.
Conditions. Special permits issued under this section may be
subject to such conditions as the SPGA deems necessary in the interests
of the public health, safety and welfare. The burden of proving that
the proposed use will not endanger the health and safety of the occupants
or the public shall rest upon the applicant, who shall provide such
engineering, ecological and hydrological data as may be required by
the SPGA or any state or federal agency.
9.1.8.
Subdivisions. All subdivision proposals and development proposals
for property in the Floodplain Overlay District shall be reviewed
to assure that: 1) such proposals minimize flood damage; 2) public
utilities and facilities are located and constructed so as to minimize
flood damage; and 3) adequate drainage is provided. When proposing
subdivisions or other developments greater than 50 lots or five acres
(whichever is less), the proponent must provide technical data to
determine base flood elevations for each developable parcel shown
on the design plans.
9.1.9.
Recreational vehicles. If otherwise permitted in accordance
with this Zoning Bylaw, in A1-30, AH, AE Zones, V1-30, VE, and V Zones,
all recreational vehicles to be placed on a site must be elevated
and anchored in accordance with the zone's regulations for foundation
and elevation requirements, or be on the site for less than 180 consecutive
days, or be fully licensed and highway ready.
9.1.10.
Community Floodplain Administrator. The Town of Great Barrington
hereby designates the Building Inspector to be the official Floodplain
Administrator for the Town.
9.1.11.
Variances from Building Code floodplain standards. Should a
proponent be granted a Building Code variance by the commonwealth,
the proponent shall notify the Building Inspector in writing, and
the Town will request from the State Building Code Appeals Board a
written and/or audible copy of the portion of the hearing related
to the variance, and will maintain this record in the Town's files.
The Town shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a Town official
that i) the issuance of a variance to construct a structure below
the base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage
and ii) such construction below the base flood level increases risks
to life and property. Such notification shall be maintained with the
record of all variance actions for the referenced development in the
Floodplain Overlay District.
9.1.12.
Variances from Zoning Bylaw related to community compliance
with the National Flood Insurance Program (NFIP). The Zoning Board
of Appeals may issue a variance from the requirements of the Floodplain
Overlay District in accordance with the requirements set out by state
law, and a variance may only be granted if:
9.1.13.
Limitations. The floodplain management regulations found in
this section shall take precedence over any less restrictive conflicting
local laws, ordinances or codes. The degree of flood protection required
by this bylaw is considered reasonable by the Town but does not imply
total flood protection. Granting of a special permit under this section
by the Selectboard does not in any way indicate compliance with the
provisions of the Wetlands Protection Act, MGL c. 131, § 40,
which provides, among other things, that no person shall remove, fill,
dredge or alter any swamp, creek, river, stream, pond or lake or any
land subject to flooding, except with a written permit from the Conservation
Commission.
9.1.14.
Watercourse alterations and new data.
1.
In
a riverine situation, the Building Inspector shall notify the following
of any alteration or relocation of a watercourse:
a.
Adjacent communities, especially upstream and downstream.
b.
Bordering states, if affected.
c.
NFIP State Coordinator, Massachusetts Department of Conservation
and Recreation, 251 Causeway Street, 8th Floor, Boston, MA 02114.
d.
NFIP Program Specialist, Federal Emergency Management Agency, Region
I, 99 High Street, 6th Floor, Boston, MA 02110.
2.
If
the Town acquires data that changes the base flood elevation in the
FEMA mapped special flood hazard areas, the Town will, within six
months, notify FEMA of these changes by submitting the technical or
scientific data that supports the change(s).
9.2.1.
Purpose. Water Quality Protection Overlay Districts (WQPOD)
are established in the Town of Great Barrington for the following
purposes:
1.
To protect, preserve and maintain the water supplies and water recharge
areas within the Town, so as to preserve present and potential sources
of groundwater and surface water supply for the public health and
safety;
2.
To protect the community from the detrimental use and development
of land and waters within the water quality protection district;
3.
To promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the residents, institutions, and businesses of the Town of Great Barrington;
4.
To preserve and protect existing and potential sources of drinking
water supplies.
9.2.2.
Overlay District. The WQPOD is an overlay district superimposed
on the other zoning districts. This overlay district shall apply to
all new construction, reconstruction, or expansion of existing buildings
and new or expanded uses. Uses in the underlying zoning districts
that fall within the WQPOD must additionally comply with the requirements
of this district. Uses prohibited in the underlying zoning districts
shall not be permitted in the WQPOD. In the case of a conflict between
two provisions of this section, the more restrictive shall apply.
9.2.3.
Definitions. For the purposes of this section, the terms defined
in Section 11, "Water Quality Protection Overlay District" shall apply.
9.2.4.
Establishment and delineation. For the purposes of this district,
there are hereby established within the Town certain WQPODs, consisting
of surface water supplies, their watersheds and tributaries, wellheads
and their aquifers or recharge areas which are delineated on a map.
This map is at a scale of one inch to 2,000 feet and is entitled "Water
Quality Protection District Map, Town of Great Barrington," dated
May 15, 2006. This map is hereby made a part of the Zoning Bylaw and
is on file in the Office of the Town Clerk.
9.2.5.
District boundary disputes.
1.
If the location of the district boundary in relation to a particular
parcel is in doubt, resolution of boundary disputes shall be through
a special permit application to the special permit granting authority
(SPGA). Any application for a special permit for this purpose shall
be accompanied by adequate documentation.
2.
The burden of proof shall be upon the owner(s) of the land to show
where the bounds should be located. At the request of the owner(s),
the Town may engage a professional engineer, surveyor, hydrologist,
geologist, or soil scientist to determine more accurately the boundaries
of the district with respect to individual parcels of land, and may
charge the owner(s) for the cost of the investigation.
3.
The determination of the location and extent of Zone II and Zone
B shall be in conformance with the criteria set forth in 310 CMR 22.00
and in the Massachusetts DEP's Guidelines and Policies for Public
Water Systems.
9.2.6.
Permitted uses; Zone A and Zone I. Only uses related to the
operation and maintenance of the public water supply are permitted
in the Zone A and Zone I (the Inner Zone) defined in 310 Code of Massachusetts
Regulations 22.00 except that existing foot paths are permitted to
remain. New trails for walking or hiking may be permitted in Zone
A or Zone I by special permit from the Selectboard in accordance with
Section 10.4; however, those in Zone I require prior approval from
Massachusetts Department of Environmental Protection. Any other use
in Zone A or Zone I is hereby prohibited.
9.2.7.
Permitted uses; other zones. The following uses are permitted
within the other zones of the WQPOD, provided that all necessary permits,
orders, or approvals required by local, state, or federal law are
also obtained:
1.
Conservation of soil, water, plants, and wildlife;
2.
Outdoor recreation, nature study, boating, fishing, and hunting where
otherwise legally permitted; no motorized recreational vehicles including,
but not limited to, snowmobiles, all-terrain vehicles (ATV's), and
dirt bikes, shall be permitted in the Inner Zone;
3.
Foot, bicycle and/or horse paths, and bridges (horse paths are not
permitted in Zone A);
4.
Normal operation and maintenance of existing water bodies and dams,
splash boards, and other water control, supply and conservation devices;
5.
Maintenance, repair, and enlargement of any existing structure, subject
to other requirements herein;
6.
Any use permitted in the underlying zoning district, subject to other
requirements herein;
7.
Farming, gardening, nursery, conservation, forestry, harvesting,
and grazing, subject to other requirements herein;
8.
Construction, maintenance, repair, and enlargement of drinking water
supply related facilities such as, but not limited to, wells, pipelines,
aqueducts, and tunnels;
9.
Underground storage tanks related to the permitted activities are
not categorically permitted.
9.2.8.
Prohibited uses. The following uses are prohibited within the
WQPOD:
1.
Landfills and open dumps as defined in 310 CMR 19.006;
4.
Facilities that generate, treat, store, or dispose of hazardous waste
that are subject to MGL c. 21C and 310 CMR 30.00, except for:
5.
Water remediation treatment works unless approved by DEP for the
treatment of contaminated groundwater or surface water;
6.
Petroleum, fuel oil, and heating oil bulk stations and terminals,
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5983 and 5171 as established by the United
States Office of Management and Budget, not including liquefied petroleum
gas;
7.
Storage of liquid hazardous materials, as defined in MGL c. 21E,
and/or liquid petroleum products unless such storage is:
a.
Above ground level; and
b.
On an impervious surface; and
c.
Either: in container(s) or aboveground tank(s) within a building;
or outdoors in covered container(s) or aboveground tank(s) in an area
that has a containment system designed and operated to hold either
10% of the total possible storage capacity of all containers, or 110%
of the largest container's storage capacity, whichever is greater.
8.
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
9.
Storage of sodium chloride, calcium chloride, chemically treated
abrasives or other deicing chemicals unless such storage, including
loading areas, is within a structure designed to prevent the generation
and escape of contaminated runoff or leachate (uncovered storage of
salt in water supply areas is forbidden by MGL c. 85, § 7A.);
10.
Storage of animal manure unless covered or contained within
a structure designed to prevent the generation and escape of contaminated
runoff or leachate;
11.
Earth removal, consisting of the removal of soil, loam, sand,
gravel, or any other earth material to within four feet of historical
high groundwater as determined from monitoring wells and historical
water table fluctuation data compiled by the United States Geological
Survey, except for excavations for building foundations, roads, or
utility works; all sand and gravel excavation operations are prohibited
in Zone A;
12.
Discharge to the ground of nonsanitary wastewater including
industrial and commercial process wastewater, except:
a.
The replacement or repair of an existing treatment works that
will not result in a design capacity greater than the design capacity
of the existing treatment works;
b.
Treatment works approved by the DEP designed for the treatment
of contaminated ground- or surface water and operating in compliance
with 314 CMR 5.05(3) or 5.05(13); and
c.
Publicly owned treatment works.
13.
Stockpiling and disposal of snow and ice containing deicing
chemicals brought in from outside the District;
14.
Storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, or pesticides, as defined in MGL c. 132B, § 2, unless such storage is within a structure, with an impermeable cover and an Environmental Protection Agency-approved liner, designed to prevent the generation and escape of contaminated runoff or leachate; in no case shall such structure be located within 400 feet of a surface drinking water source or public water system wellhead.
9.2.9.
Prohibited uses; inner zone. The following uses may be permitted
in the Outer Zone, but are expressly prohibited in the Inner Zone:
1.
New or expanded underground storage tanks (310 CMR 22.20B);
2.
Motor vehicle repair operations;
3.
Cemeteries (human and animal) and mausoleums;
4.
Solid waste combustion facilities or handling facilities as defined
in 310 CMR 16.00;
5.
Land uses that result in the rendering impervious of more than 15%,
or more than 20% with artificial recharge, or 2,500 square feet of
any lot, whichever is greater; and
6.
Commercial outdoor washing of vehicles, commercial car washes.
9.2.10.
Design requirements. Where premises being developed lie partially
outside of the Water Quality Protection District, potential pollution
sources, such as the leaching field of an on-site subsurface sewage
disposal system, shall be located outside of the district, unless
the applicant demonstrates to the satisfaction of the Board of Health
that such location is not feasible.
9.2.11.
Nonconforming uses. Continuation of a legally preexisting nonconforming
use shall be allowed, provided that:
1.
The nonconformity shall not be increased or expanded.
2.
The replacement of any underground fuel storage tanks shall conform
to the following:
a.
The total capacity of the replaced tanks shall not be exceeded.
b.
The replacement tanks shall be of noncorroding, double-walled
construction and shall conform to all applicable state and federal
regulations in effect at the time of replacement.
c.
A leak-detection system shall be installed in the void between
the walls of the tank. All records of leak tests and/or alarms shall
be kept on site and shall be available for inspection by the Building
Inspector, Fire Department, Board of Health or any of their authorized
agents.
d.
The replacement tanks and piping shall be installed within a
secondary containment system that shall conform to all applicable
state and federal regulations in effect at the time of the installation.
e.
All inventory records and tank testing records maintained for
fuel oil and chemical storage tanks shall be made available to the
Building Inspector, Fire Department, and Board of Health upon request
during normal business hours.
f.
Any application, along with drawings submitted with the application,
for a Town permit for the installation, removal, or replacement of
underground storage tanks within the Water Quality Protection District
shall be forwarded to the Planning Board. The Planning Board shall
review the application within 21 days of receipt for conformity with
this section. If the Planning Board finds the application does not
conform to the requirements of this section, it shall inform the issuing
authority who shall withhold such permit until the Planning Board
has confirmed in writing that the application conforms to the requirements
of this section.
g.
Any and all state and federal requirements and permits shall
be met and obtained as required, including, specifically, those established
or required by 527 CMR 9.00 (Tanks and Containers, Board of Fire Prevention
Regulations).
3.
The continued operation of a legally preexisting gravel extraction
bed shall conform to the following:
a.
Excavation shall remain at least four feet above the mean high-water
table, as established by data compiled by the United States Geological
Survey.
b.
The open bed area shall not exceed the existing bed at the effective
date of this bylaw or two acres, whichever is less.
c.
All areas no longer in active use for a period of one year shall
be closed in the following manner:
(1)
The area shall be graded smooth with a slope not to exceed 10%,
raked, and all stones greater than five inches shall be removed.
(2)
Topsoil shall be added to a depth of at least three inches after
compaction.
(3)
Topsoil shall be compacted, by rolling, to a uniform density.
(4)
The area shall be seeded, in the recommended manner, with a
fast-growing ground cover seed mix recommended by the United States
Soil Conservation Service. Reseeding shall be done monthly until the
ground cover is fully established.
9.2.12.
Uses and activities requiring a special permit. The following
uses and activities are permitted only upon the issuance of a special
permit by the Selectboard under such conditions as it may require:
1.
Enlargement or alteration of existing uses that do not conform to
the WQPOD;
2.
Those activities that involve the handling of toxic or hazardous
materials in quantities greater than those associated with normal
household use, permitted in the underlying zoning district (except
as prohibited hereunder). Such activities shall require a special
permit to prevent contamination of groundwater;
3.
Any use that will render impervious more than 15% of any lot or parcel
or 2,500 square feet, whichever is greater. A system for groundwater
recharge must be provided which does not degrade groundwater quality.
For nonresidential uses, recharge shall be by stormwater infiltration
basins or similar system covered with natural vegetation, and dry
wells shall be used only where other methods are infeasible. For all
nonresidential uses, all such basins and wells shall be preceded by
oil, grease, and sediment traps to facilitate removal of contamination.
Any and all recharge areas shall be permanently maintained in full
working order by the owner. Special permits for nonresidential uses
as described in this subsection are not allowed in the Surface Water
Source Protection Zones A and B.
9.2.13.
Procedures for issuance of special permit.
1.
The special permit granting authority (SPGA) under this section shall
be the Selectboard. Such special permit shall be granted if the SPGA
determines, in conjunction with the Board of Health, the Conservation
Commission, the Town Engineer/Department of Public Works, and the
Planning Board that the intent of this section, as well as its specific
criteria, are met. The SPGA shall not grant a special permit under
this section unless the petitioner's application materials include,
in the SPGA's opinion, sufficiently detailed, definite, and credible
information to support positive findings in relation to the standards
given in this section. The SPGA shall document the basis for any departures
from the recommendations of the other Town boards or agencies in its
decision.
2.
Upon receipt of the special permit application, the SPGA shall transmit
one copy to the Planning Board, Board of Health, the Conservation
Commission, Town Engineer/Department of Public Works, and Fire District
for their written recommendations. Failure to respond in writing within
35 days of receipt shall indicate approval or no desire to comment
by the agency. The necessary number of copies of the application shall
be furnished by the applicant.
3.
The SPGA may grant the required special permit only upon finding
that the proposed use meets the following standards, those specified
in Sections 9.2.8 and 9.2.9 and any regulations or guidelines adopted
by the SPGA. The proposed use must:
a.
In no way, during construction or thereafter, adversely affect
the existing or potential quality or quantity of water that is available
in the Water Quality Protection District; and
b.
Be designed to avoid substantial disturbance of the soils, topography,
drainage, vegetation, and other water-related natural characteristics
of the site to be developed.
4.
All special permit applications shall comply with Section 10.4 and
the requirements of this section. In the case of conflict between
two portions of this bylaw, the more stringent requirements shall
apply.
5.
The applicant shall file at least seven copies of a site plan and
attachments. The site plan shall be drawn at a proper scale as determined
by the SPGA and be stamped by a Massachusetts professional engineer.
All additional submittals shall be prepared by qualified professionals.
The site plan and its attachments shall at a minimum include the following
information where pertinent:
a.
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels, and other potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use;
b.
For those activities using or storing such hazardous materials,
a hazardous materials management plan shall be prepared and filed
with the Hazardous Materials Coordinator, Fire Chief, and Board of
Health. The plan shall include:
(1)
Provisions to protect against the discharge of hazardous materials
or wastes to the environment due to spillage, accidental damage, corrosion,
leakage, or vandalism, including spill containment and clean-up procedures;
(2)
Provisions for indoor, secured storage of hazardous materials
and wastes with impervious floor surfaces;
(3)
Evidence of compliance with the regulations under the Massachusetts
Hazardous Waste Management Act, 310 CMR 30.000, including obtaining
an EPA identification number from the DEP.
(4)
Proposed down-gradient location(s) for groundwater monitoring
well(s), should the SPGA deem the activity a potential groundwater
threat.
9.2.14.
Regulations. The SPGA may adopt regulations to govern design
features of uses and activities. Such regulations shall be consistent
with the subdivision control regulations adopted by the Planning Board.
9.2.15.
Enforcement. Written notice of any violations of this bylaw
shall be given by the Building Inspector to the responsible person
as soon as possible after detection of a violation or a continuing
violation. Notice to the assessed owner of the property shall be deemed
notice to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance.
1.
A copy of such notice shall be submitted to the Selectboard, Planning
Board, Board of Health, Conservation Commission, Town Engineer, Department
of Public Works, and Fire District. The cost of containment, clean-up,
or other action of compliance shall be borne by the owner and operator
of the premises.
9.3.1.
Purposes. The purposes of the WTOD are to:
1.
Preserve the character and appearance of the Town while simultaneously
allowing adequate personal wireless services to be developed.
2.
Protect the scenic, historic, environmental and natural or man-made
resources of the community.
3.
Provide standards and requirements for planning, regulation, placement,
construction, monitoring, design, modification and removal of personal
wireless service facilities.
4.
Provide a procedural basis for action within a reasonable period
of time for requests for authorization to place, construct, operate
or modify personal wireless service facilities.
5.
Preserve property values.
6.
Minimize the total number and height of towers throughout the community.
7.
Locate towers so that they do not have negative impacts such as,
but not limited to, attractive nuisance, noise and falling objects,
on the general safety, welfare and quality of life of the community.
8.
Require owners of towers and personal wireless service facilities
to configure them so as to minimize and mitigate the adverse visual
impact of the towers and facilities where possible.
9.
Require tower sharing and the clustering of personal wireless service
facilities where possible.
9.3.2.
Overlay District. The WTOD is an overlay district mapped over
other districts. It modifies and where there is inconsistency, supersedes
the regulations of those other districts. Except as so modified or
superseded, the regulations of the underlying districts remain in
effect.
9.3.3.
Location. The WTOD includes the properties listed below. These
properties are included by reason of their potential to provide technically
feasible and accessible locations for the siting of wireless telecommunications
facilities that will provide adequate wireless telecommunications
services to the Town of Great Barrington. The WTOD is defined, delineated
and mapped on the set of eight maps entitled "Wireless Telecommunications
Overlay District, s. 171-9D(3) WTOD, Town of Great Barrington, MA"
and incorporated by reference herein. Also incorporated by reference
herein are the plots of coverage entitled "Radial Plots from Proposed
Overlay District" which provide engineering data to support the choices
of properties for the WTOD, and showing that these sites will provide
adequate coverage for the FCC licensed wireless telecommunications
providers who are doing business in Great Barrington.
|
Map Key
|
Location
|
Assessor's Map #
|
Parcel #
|
|---|---|---|---|
|
1
|
East of Long Pond Road
|
34
|
9
|
|
1
|
East of Long Pond Road
|
34
|
12
|
|
1
|
East of Long Pond Road
|
34
|
12A
|
|
1
|
East of Long Pond Road
|
26
|
85.2
|
|
2
|
Transfer Station
|
35
|
21
|
|
3
|
WSBS Tower
|
29
|
5
|
|
4
|
Butternut Tower
|
42
|
24
|
|
5.2
|
Berkshire Heights Area
|
23
|
3
|
|
5.3
|
Berkshire Heights Area
|
31
|
57 and 58
|
|
6
|
Vossberg Hill
|
30
|
112A and 112B
|
|
7
|
VFW
|
30
|
48
|
9.3.4.
Consistency with federal law. These regulations are intended
to be consistent with the Telecommunications Act of 1996 in that they
do not prohibit or have the effect of prohibiting the provision of
personal wireless services; they are not intended to be used to unreasonably
discriminate among providers of functionally equivalent services;
they do not regulate personal wireless services on the basis of the
environmental effects of radio frequency emissions to the extent that
the regulated services and facilities comply with the FCC's regulations
concerning such emissions.
1.
Any decision by the SPGA to deny an application for a special permit
under this bylaw shall be in conformance with Sec. 332 (47 U.S.C.
§ 332)(7)(b)(iii) of the Act, in that it shall be in writing
and supported by substantial evidence contained in a written record.
9.3.5.
Definitions. For the purposes of this section, the terms defined
in Section 11, "Wireless Telecommunication Overlay District" shall
apply.
9.3.6.
Applicability. Any use of lands within the WTOD for the purposes
of placement, construction, modification or removal of personal wireless
telecommunications services, towers or antennas shall be subject to
these requirements.
1.
Exempted wireless telecommunications uses. This section specifically
exempts the following wireless telecommunications facilities: police,
fire, ambulance and other emergency dispatch; amateur (ham) radio;
citizens band radio; low-power FM radio stations, any existing commercial
radio tower, radio dispatch services for local businesses. No personal
wireless service facility shall be considered exempt from this bylaw
for any reason, whether or not said facility is proposed to share
a tower or other structure with such exempt uses.
9.3.7.
Provision of independent consultants. Upon submission of an
application for a special permit under this section, the SPGA may
hire independent consultants whose services shall be paid for by the
applicant(s) under the terms of Selectmen's Policies and Procedures
in accordance with Chapter 44, Section 53G, of the Massachusetts General
Laws. These consultants shall each be qualified professionals with
a record of service to municipalities in one of the following fields:
a) telecommunications engineering, b) structural engineering, c) monitoring
of electromagnetic fields and, if determined necessary by the SPGA,
d) other consultants.
1.
In the event the SPGA elects to hire an independent consultant, the
independent consultant(s) shall be selected after consultation with
the Town Manager, Planning Board, the Board of Health and the Conservation
Commission, which may propose a list of qualified candidates.
9.3.8.
Application requirements; tower or structure and initial facility.
No personal wireless tower or structure shall be erected, constructed,
modified or installed, nor shall the initial personal wireless service
facility be mounted upon any such personal wireless tower or structure
without first obtaining a special permit from the SPGA. Applications
shall be submitted using the long form application (SP-2), in accordance
with the requirements of Section 10.4. A special permit is required
of the first personal wireless service facility to be mounted on the
personal wireless tower or structure so that the Town can have the
opportunity to assess the impacts of the new facility in accordance
with the purposes of this bylaw. The following information must also
be submitted.
1.
Copies of all submittals and showings pertaining to: FCC licensing;
environmental impact statements; FAA notice of construction or alteration;
aeronautical studies; and all data, assumptions and calculations relating
to service coverage and power levels regardless of whether categorical
exemption from routine environmental evaluation under the FCC rules
is claimed.
2.
The exact legal name, address or principal place of business and
phone number of the applicant. If any applicant is not a natural person,
it shall also give the state under which it was created or organized.
3.
The name, title, address and phone number of the person to whom correspondence
or communications in regard to the application are to be sent. Notice,
orders and other papers may be served upon the person so named, and
such service shall be deemed to be service upon the applicant.
4.
Name, address, phone number and written consent to apply for this
permit, of the owner of the property on which the proposed tower shall
be located, or of the owner(s) of the tower or structure on which
the proposed facility shall be located.
5.
Details of proposed method of financial surety as required herein.
6.
Any applicant for a permit or a special permit under this bylaw shall
provide a written commitment that if the applicant receives a permit
or special permit under this bylaw, that the applicant shall abide
by the requirements herein as they may apply.
7.
The applicant shall provide a written, irrevocable commitment valid
for the duration of the existence of the personal wireless tower or
structure, to rent or lease available space for collocation on the
tower or structure at fair-market prices and terms, without discrimination
to other personal wireless service providers.
8.
If an applicant for a special permit for a personal wireless tower
or structure is not simultaneously applying for a personal wireless
service facilities special permit, it shall provide a copy of its
existing lease/contract with a personal wireless service provider
showing that the provider is legally obligated to locate its personal
wireless service facility on the personal wireless tower or structure
in question. A special permit under this section shall not be granted
for a tower to be built on speculation (without a contract or lease
with a personal wireless service provider).
9.3.9.
Required plans. The following required plans and engineering
plans shall also be submitted. Such plans shall be prepared, stamped
and signed by a professional engineer licensed to practice in Massachusetts.
(NOTE: Survey plans should also be stamped and signed by a professional
land surveyor registered in Massachusetts). Plans shall be on twenty-four-inch
by thirty-six-inch sheets, on as many sheets as necessary, and at
scales which are no smaller (i.e., no less precise) than listed below.
Each plan sheet shall have a title block indicating the project title,
sheet title, sheet number, date, revision dates, scale(s), and original
seal and signature of the P.E. and other professionals who prepared
the plan. The plan shall show the following information:
1.
Location map. Copy of a portion of the most recent U.S.G.S. Quadrangle
map, at a scale of 1:25,000, and showing the area within at least
two miles from the proposed tower site. Indicate the tower or structure
location and the exact latitude and longitude (degrees, minutes and
seconds).
2.
Vicinity map. At a scale of no less than one inch equals 100 feet
(1:1,200) with contour intervals no greater than 10 feet (three meters)
showing the entire vicinity within a 1,000-foot radius of the tower
or structure site, and including the topography, public and private
roads and driveways, buildings and structures, bodies of water, wetlands,
landscape features, historic sites, habitats for endangered species.
3.
Abutter's map. Indicate the property lines of the proposed tower
site parcel and all abutters within 300 feet of the tower site parcel
(from assessors maps or available surveys). Include the names of all
abutters within 300 feet of the tower site parcel. Indicate any access
easement or right-of-way needed for access from a public way to the
tower, and the names of all abutters or property owners along the
access easement or who have deeded rights to the easement.
4.
Proposed site plans. Proposed facility site layout, grading and utilities
at a scale of not less than one inch equals 20 feet and with topography
drawn with a minimum of two-foot contour intervals.
5.
Proposed personal wireless tower or structure location and any appurtenances,
including supports and guy wires, if any, and any accessory building
(communication equipment shelter or other). Indicate property boundaries
and setback distances to the base(s) of the tower and to the nearest
corners of each of the appurtenant structures to those boundaries,
and dimensions of all proposed improvements.
6.
Proposed utilities, including distance from source of power, sizes
of service available and required, locations of any proposed utility
or communication lines, and whether underground or above ground.
7.
Limits of areas where vegetation is to be cleared or altered, and
justification for any such clearing or alteration.
8.
Locations of any wetlands or streams and location and description
of any direct or indirect wetlands alteration proposed.
9.
Detailed plans for drainage of surface and/or subsurface water; plans
to control erosion and sedimentation, both during construction and
as a permanent measure.
10.
Plans indicating locations and specifics of proposed screening,
landscaping, ground cover, fencing, etc.; any exterior lighting or
signs.
11.
Plans of proposed access driveway or roadway and parking area
at the tower site. Include grading, drainage, and traveled width.
Include a cross section of the access drive indicating the width,
depth of gravel, paving or surface materials. Include a road profile
of the proposed access driveway or road.
12.
Proposed personal wireless tower or structure and appurtenances
at a scale of not less than one inch equals 10 feet.
13.
An elevation of the proposed personal wireless tower or structure
and any guy wires or supports. Show all proposed antennas, including
their location on the personal wireless tower or structure.
14.
Detail proposed exterior finish of the personal wireless tower
or structure.
15.
A professional engineer's written description of the proposed
tower's structure or of the structure proposed for the mounting of
personal wireless facilities and its capacity to support additional
antennas or other communications facilities at different heights and
the ability of the personal wireless tower or structure to be shortened
or added to in the future to adapt to changing communications conditions
or demands.
16.
Proposed antennas.
17.
Number of antennas and repeaters, as well as the exact locations
of antenna(s) and of all repeaters (if any) located on a map as well
as by degrees, minutes and seconds of latitude and longitude.
18.
Mounting locations on personal wireless tower or structure,
including height above ground.
19.
Antenna type(s), manufacturer(s), model number(s).
20.
For each antenna, the antenna gain and antenna radiation pattern.
21.
Number of channels per antenna, projected and maximum.
22.
Power output, in normal use and at maximum output for each antenna
and all antennas as an aggregate.
23.
Output frequency of the transmitter(s).
24.
Proposed communications equipment shelter.
25.
Floor plans, elevations and cross sections at a scale of no
smaller than 1/4 inch equals one foot (1:48) of any proposed appurtenant
structure.
26.
Representative elevation views, indicating the roof, facades,
doors and other exterior appearance and materials.
27.
Sight lines.
28.
A plan map of a circle of two miles radius of the facility site
on which any visibility of the proposed tower from a public way shall
be indicated. The locations from which the photographic simulation
or profile drawing required below were taken shall also be indicated
upon this plan.
29.
If the proposed personal wireless tower or structure is visible
from a public way, then the applicant shall submit either a photo
simulation of the proposed tower or structure from one or more locations
along the public way, or a profile drawing which shall utilize the
U.S.G.S. Quadrangle map, at a scale of 1:25,000, and submit profile
drawings on a horizontal scale of one inch equals 400 feet with a
vertical scale of one inch equals 40 feet. Trees shall be shown at
existing heights and at projected heights in 10 years.
30.
Any applicant for a permit or a special permit under this bylaw
shall provide a set of radial plot maps from each location in the
WTOD showing the projected coverage from each location. The purpose
of this provision is to identify any potential gaps in wireless service
and to assist the Town in planning for future wireless communication
coverage.
9.3.10.
Balloon test. Within 35 days of submitting an application, the
applicant shall arrange to fly, or raise upon a temporary mast, a
four-foot diameter brightly colored balloon at the maximum height
and at the location of the proposed tower. The dates (including a
second date, in case of poor visibility on the initial date), times
and location of this balloon test shall be advertised by the applicant
at seven and 14 days in advance of the first test date in a newspaper
with a general circulation in the Town of Great Barrington. The applicant
shall inform the SPGA and the Planning Board, in writing, of the dates
and times of the test, at least 14 days in advance. The balloon shall
be flown for at least eight consecutive daylight hours for no less
than five days within a fourteen-day period within the dates chosen.
Visibility and weather conditions must be adequate for interested
citizens to be able to clearly see the balloon test, or further tests
may be required by the SPGA.
9.3.11.
Application requirements for facilities on previously permitted
tower or structure. Where a personal wireless tower or structure has
received a special permit under this bylaw and at least one personal
wireless service provider (which has obtained a special permit under
this section) is providing personal wireless services from the personal
wireless tower or structure, and the facility remains in full compliance
with the terms and conditions of this bylaw and the special permit,
then any other provider of personal wireless services may place a
personal wireless service facility at that personal wireless tower
or structure without obtaining a special permit. The provider shall
provide the following information to the Selectboard, Planning Board
and Building Inspector in order to obtain a building permit to allow
the mounting of its equipment at the site, and must agree in writing
to comply with the conditions set forth in this section. The Selectboard
and the Planning Board have 30 days to review that information and
provide comments and concerns to the Building Inspector. The Town
may require the provider to pay for the Town to hire an independent
consultant as set forth herein.
9.3.12.
General requirements.
1.
New towers shall be set at least one time the height of the tower,
plus 50 feet from any boundaries of the WTOD site within which the
tower is located and from any dwelling unit within the WTOD. A personal
wireless tower or structure shall comply with the setback requirements
set forth for the applicable district.
2.
No personal wireless tower or structure or personal wireless service
facility shall be located any closer than 500 feet to any dwelling
unit located outside the WTOD in existence at the time of installation
of the personal wireless tower or structure or personal wireless service
facility.
3.
If the personal wireless tower or structure facility or tower site
is in a wooded area, a vegetated buffer strip of undisturbed trees
shall be retained for at least 50 feet in depth around the entire
perimeter except where the access drive is located. The applicant
may, at the discretion of the SPGA, be required to obtain a financial
surety to cover the cost of the remediation of any damage to the landscape
which occurs during the clearing of the site.
4.
Fencing and signs. The area around the personal wireless tower or
structure and communication equipment shelter(s) shall be completely
fenced for security to a height of six feet and gated. Use of razor
wire is not permitted. A sign no greater than two square feet indicating
the name of the facility owner(s) and a twenty-four-hour emergency
telephone number shall be posted adjacent to the entry gate. In addition,
"no trespassing" or other warning signs may be posted on the fence.
5.
Communication equipment shelters and accessory buildings shall be
designed to be architecturally similar and compatible with each other,
and shall be no more than 15 feet high. The buildings shall be used
only for the housing of equipment related to this particular site.
Whenever possible, the buildings shall be joined or clustered so as
to appear as one building.
6.
New towers shall not exceed 150 feet, not including whip antennas
or lightning rods, subject to a maximum future expansion of 10% by
approval of the SPGA to eliminate the need for another tower in the
immediate area.
7.
Tower finish. New tower(s) shall have a galvanized finish unless
otherwise required. The SPGA may require the tower(s) to be painted
or otherwise camouflaged to minimize the adverse visual impact. The
SPGA may also require personal wireless service facilities and repeaters
to be painted or otherwise camouflaged to minimize the adverse visual
impact.
8.
Personal wireless towers or structures must be of a type which will
maximize potential sharing. The applicant must demonstrate the future
utility of such personal wireless tower or structure for expansion
of service for the applicant and other future applicants.
9.
The use of repeaters to assure adequate coverage, or to fill holes
within areas of otherwise adequate coverage, while minimizing the
number of required towers is permitted and encouraged. An applicant
who has received a personal wireless service facility special permit
under this bylaw, may, with at least 30 days' written notice to the
SPGA, Planning Board, the Board of Health, Conservation Commission,
Building Inspector and Town Clerk, install one or more additional
repeaters by right. Site plan review before the Planning Board shall
be required and any conditions or recommendations proposed by the
Planning Board shall become conditions of the building permit. The
Planning Board shall publish written notice of the public meeting
date at least 14 days in advance. Applicants shall detail the number,
location, power output, and coverage of any proposed repeaters in
their systems and provide engineering data to justify their use.
10.
Commercial advertising shall not be allowed on any antenna,
tower, or accessory building or communication equipment shelter.
11.
Unless required by the Federal Aviation Administration no night
lighting of towers, or the personal wireless service facility, is
permitted except for manually operated emergency lights for use when
operating personnel are on site.
12.
No tower or personal wireless service facility that would be
classified as a hazard to air navigation, as defined by the Federal
Aviation regulations (Title 14 CFR), is permitted.
13.
There shall be no teleport(s) within the Town of Great Barrington.
14.
Each personal wireless tower or structure or personal wireless
service facility shall be located within the WTOD so as to provide
adequate coverage and adequate capacity with the least number of towers
and antennas which is technically and economically feasible.
9.3.13.
Appropriate siting within the WTOD. Towers and personal wireless
service facilities shall be located so as to minimize the following
potential impacts:
1.
Visual/aesthetic. Towers shall, when possible, be sited off ridgelines,
and where their visual impact is less detrimental to highly rated
scenic areas.
2.
Diminution of residential property values. Siting shall be in as
low population density areas as possible.
3.
Safety, in cases of structural failure and attractive nuisance.
4.
Safety from excessive electromagnetic radiation, in case the tower
or personal wireless service facility is found to exceed the FCC guidelines.
9.3.14.
Preferences. The following locations are ranked in order of
preference:
1.
Shared use of existing towers shall be encouraged.
2.
Clustering of towers. Applications for towers adjacent to existing
towers shall be encouraged, provided that the existing tower(s) are
already fully utilized.
3.
The use of municipal lands where appropriate shall be encouraged.
4.
The use of repeaters either within or outside the WTOD to provide
adequate coverage without requiring new tower(s) shall be encouraged.
9.3.15.
Evaluation by independent consultants and others. Upon submission
of a complete application for a special permit under this bylaw, the
SPGA shall provide its independent consultant(s), if any, with the
full application for their analysis and review.
1.
Applicants for any special permit under this bylaw shall obtain permission
from the owner(s) of the proposed property(s) or facilities site(s)
for the Town's independent consultant(s), to conduct any necessary
site visit(s).
2.
The SPGA may request input from the Chiefs (or their designees) of
Fire, Police and other emergency services regarding the adequacy for
emergency access of the planned drive or roadway to the site.
9.3.16.
Approval criteria. In acting on the special permit application,
the SPGA shall proceed in accordance with the procedures and timelines
established for special permits in Section 10.4. In addition to the
findings required by Section 10.4, the SPGA shall, in consultation
with the independent consultant(s), make all the applicable findings
before granting the special permit, as follows:
1.
That the applicant has agreed to rent or lease available space on
the personal wireless tower or structure, under the terms of a fair-market
lease, without discrimination to other personal wireless service providers;
2.
That proposed personal wireless tower or structure or personal wireless
service facility will not have an undue adverse impact on historic
resources, scenic views, residential property values, natural or man-made
resources;
3.
That the applicant has agreed to implement all reasonable measures
to mitigate the potential adverse impacts of the facilities; and
4.
That the proposal shall comply with OET Bulletin 65 regarding emissions
of electromagnetic radiation and that the evaluation protocols set
forth in this bylaw are in place and shall be paid for by the applicant.
9.3.17.
Evaluation of compliance; inspection. After the granting of
a special permit and before the applicant's personal wireless service
facilities begin transmission, the applicant shall provide, or may
pay for an independent consultant, hired by the Town, to provide an
evaluation of the existing radio frequency radiation at and around
the proposed facility site and/or any repeater locations to be utilized
for applicant's personal wireless service facility, by using OET Bulletin
65 protocols. A report of the evaluation shall be prepared and submitted
to the Selectboard, the Planning Board, the Board of Health, the Town
Engineer, the Building Inspector and the Town Clerk.
9.3.18.
Ongoing evaluation of conditions. After transmission begins,
the owner(s) of any personal wireless service facility(s) located
on any facility site shall provide, or may pay for an independent
consultant, hired by the Town, to provide ongoing assessment and evaluation
of the EMF radiation emitted from said site, and to report results
of said evaluation, as follows:
1.
There shall be routine annual assessment of RF emissions by the applicant
or by an independent consultant using either actual field measurement
of radiation, or by utilizing the OET Bulletin 65 protocol. This assessment
shall evaluate levels of RF emissions from the personal wireless service
facility site's primary antennas as well as from repeaters (if any).
A report of the monitoring results shall be prepared by the independent
consultant and submitted to the Selectboard, the Planning Board, the
Board of Health, the Town Engineer, the Building Inspector and the
Town Clerk.
2.
Any major modification of existing personal wireless service facility,
or the activation of any additional permitted channels, shall require
new evaluation.
9.3.19.
Excessive emissions. Should the evaluation of a personal wireless
service facility site reveal that the site exceeds the levels allowed
under OET Bulletin 65, then the owner(s) of all facilities utilizing
that site shall be so notified. The owner(s) shall submit to the SPGA
and the Building Inspector a plan for reduction of emissions to a
level that complies with OET Bulletin 65 within 10 business days of
notification of noncompliance. That plan shall reduce emissions to
the standard within 15 days of initial notification of noncompliance.
Failure to accomplish this reduction of emission within 15 business
days of initial notification of noncompliance shall be a violation
of the special permit and subject to penalties and fines as specified
in Section 10.1. Such fines shall be payable by the owner(s) of the
facilities with antennas on the facility site, until compliance is
achieved.
9.3.20.
Structural inspection. Tower owner(s) shall provide inspection
reports from a professional engineer assessing the structural integrity
and safety of the tower(s) at intervals of three years from initial
certificate of occupancy for guyed towers and five years for monopoles
and nonguyed lattice towers. The inspection report shall be submitted
to the Selectboard, the Town Engineer, the Building Inspector, and
the Town Clerk. Any major modification of an existing facility which
includes changes to tower dimensions may require new structural inspection.
9.3.21.
Unsafe structure. Should the inspection of any tower reveal
any structural defect(s) which render(s) that tower unsafe, the following
actions must be taken. Within 10 business days of notification of
unsafe structure, the owner(s) of the tower shall submit a plan to
remediate the structural defect(s). This plan shall be initiated within
10 days of the submission of the remediation plan, and completed as
soon as reasonably possible. Failure to accomplish this remediation
of structural defect(s) within 10 business days of initial notification
shall be a violation of the special permit and subject to penalties
and fines as specified in Section 10.1. Such fines shall be payable
by the owner(s) of the tower, until compliance is achieved.
9.3.22.
Removal requirements. Any personal wireless service facility
which ceases to operate for a period of one year shall be removed.
"Cease to operate" is defined as not performing the normal functions
associated with the personal wireless service facility and its equipment
on a continuous and ongoing basis for a period of one year. At the
time of removal, the personal wireless facility site shall be remediated
such that all personal wireless service facility improvements which
have ceased to operate are removed. If all personal wireless service
facilities on a tower have ceased to operate, the tower shall also
be removed, and the site shall be revegetated. Existing trees shall
only be removed if necessary to complete the required removal. The
applicant shall, as a condition of the special permit, provide a financial
surety, or other form of financial guarantee payable to the Town of
Great Barrington and acceptable to the SPGA, to cover the cost of
removal of the personal wireless service tower or personal wireless
service facility and the remediation of the landscape, should the
personal wireless service tower or personal wireless service facility
cease to operate.
9.3.23.
Fees and insurance.
1.
Each personal wireless tower or structure or personal wireless service
facility shall be insured by the owner(s) against damage to persons
or property. The owner(s) shall provide a certificate of insurance
to the Selectmen's office on an annual basis.
2.
A schedule of fees for towers and personal wireless service facilities
permitting and renewal, any monitoring of emissions and inspection
of structures, and any other fees shall be established by the SPGA
as provided for in Section 10.4. This schedule may be amended from
time to time.
9.4.1.
Purpose. The Downtown Mixed-Use B3 District is a transitional
area between the downtown business core and residential neighborhoods.
It is designed to protect the traditional character of these respective
areas to assist in revitalizing the larger tracts of former industrial
land in this area, and to allow parcels to contain a mix of uses,
either vertically or horizontally, to promote a variety of housing
and business opportunities. The district is intended to foster the
redevelopment of existing buildings or redevelopment that creates
a positive pedestrian environment with active pedestrian amenities.
Specific objectives of the Downtown Mixed-Use District are to:
1.
Allow for different types of compatible land uses close together
or in the same building to encourage pedestrian and public transit
travel and reduce the use of personal automobiles;
2.
Encourage infill and redevelopment of commercial, residential, and
mixed-use development while preserving and enhancing the overall character
of the district;
3.
Encourage the development of small-scale mixed-use buildings;
4.
Encourage shared parking to promote a compact walkable town center,
maximize pedestrian safety, and minimize the number of curb cuts.
9.4.2.
Location. The Downtown Mixed-Use B-3 District is shown on a
map entitled "Proposed B3 District," which is hereby incorporated
into the Zoning Bylaw, and includes the following land as shown on
the 2006 Great Barrington Assessors' Maps:
|
Map 19
|
Parcels 118, 119, 120, 121, 127, 128, 130, 135A, 136, 137, 138,
138A, and 139
|
|
Map 20
|
Parcels 2, 5, 8, 8A, 12, 12A, 13, 14, 15, 16, 17, and 61
|
9.4.3.
Permitted uses.
1.
Permitted uses in the Downtown Mixed-Use B3 District are enumerated
in Section 3.1.4, the Table of Use Regulations. The permitted uses
are intended to promote multifamily residential uses, mixed uses and
compatibility between residential and nonresidential uses.
2.
Projects that incorporate both multifamily residential uses or assisted
living facilities with any of the following nonresidential uses, where
at least 25% of the street-level floor space is utilized for these
nonresidential uses, shall be considered mixed use for this district,
and shall be permitted by right, subject to site plan review, notwithstanding
the permissions set forth for any individual use in Section 3.1.4:
a.
Offices, including medical offices.
b.
Retail stores, including banks, but excluding stores and establishments
with drive-through windows.
c.
General service establishments and/or personal service establishments.
d.
Bakers and/or artisan food or beverage producers.
e.
Restaurants and cafes, indoor or outdoor.
f.
Community, education, or recreational uses, including museums,
parks, playgrounds, health clubs and gym/fitness centers.
g.
Municipal buildings and facilities.
9.4.4.
Dimensional requirements. Dimensional requirements in the Downtown
Mixed-Use B3 District shall be as set forth in Section 4.0.
9.4.5.
Parking. The off-street parking requirements in Section 6.1
shall not apply in the B-3 except as provided in this section. Off-street
parking requirements in the B-3 shall be as follows:
1.
For new buildings, required off-street parking spaces shall not be
located within the front yard area.
2.
Only one space shall be required for any dwelling unit, whether in
residential-only or in mixed-use buildings.
3.
For permitted uses in existing buildings (those in existence as of
May 1, 2021) that are not substantially expanded, the existing parking
spaces shall be retained, but no new spaces shall be required. A substantial
expansion is defined, for the purpose of this section, as one which
involves increasing the gross floor area of a structure by more than
25% or 500 square feet, whichever is less.
4.
For permitted uses in new buildings or existing buildings that are
substantially expanded, as defined in this section, or for any building
greater than 5,000 square feet gross floor area, parking is required
as follows:
a.
One parking space shall be required for each dwelling unit;
b.
The parking requirements for business or industrial uses in
Section 6.1.2 through 6.1.6 shall be calculated as follows: the sum
of the required parking for each use multiplied by 0.5 with the product
rounded down to the nearest whole number, plus handicapped parking
as may be required by law or building code [example: three spaces
required for retail, four spaces required for offices: (3 + 4) x 0.5
= 3.5, so three spaces, + one handicapped space, = four spaces are
required]; and
9.4.6.
Site plan review. All redevelopment and development shall be
subject to site plan review by the Planning Board. No building permit
for such a development shall be issued by the Building Inspector until
the Planning Board has conducted site plan review in accordance with
Section 10.5.
9.4.7.
Special permit. Uses indicated in the Table of Use Regulations
shall require a special permit. The SPGA may grant a special permit
in accordance with the provisions of Section 10.4.
9.5.1.
Purpose. The Downtown Business District is designed to protect
the traditional character of the central business area which has historically
served Great Barrington and surrounding communities. The district
is composed of blocks representing the wide spectrum of 19th century
commercial architectural styles. It is important to recognize this
area as a distinct zone to protect its character and ensure that it
continues to function as an economic center and a densely developed
area of pedestrian-oriented business.
9.5.2.
Applicability. All proposed changes to the exterior of structures
within the district shall require a meeting with the Design Advisory
Committee. Any substantial structural change shall require a special
permit from the Selectboard. A substantial structure change is defined
as one which involves: changing the height of a structure or increasing
the size of a structure's footprint or square footage of any aboveground
floor by more than 25% or 1,000 square feet, whichever is smaller.
9.5.3.
Permitted uses. Permitted uses in the Downtown Business District
are set forth in Section 3.1.4, the Table of Use Regulations.
9.5.4.
Special permit granting authority. The special permit granting
authority shall be the Selectboard.
9.5.5.
Design review required.
1.
Within the Downtown Business District (B), the construction of any
new structures, replacement of existing structures, substantial structural
changes, and alterations or additions to existing structures which
affect a structures' exterior architectural appearance, shall be subject
to review by the Design Advisory Committee in accordance with Section
7.19.
2.
For the purpose of this section, a substantial structural change
is defined as one which involves: changing the height of a structure;
increasing the size of the footprint of a structure by more than 25%
or 1,000 square feet, whichever is smaller; or increasing the square
footage of any above ground floor by more than 25% or 1,000 square
feet, whichever is smaller.
9.6.1.
Purpose. The purpose of the Village Center Housing Overlay District
(VCOD) section is to:
9.6.2.
Location. The VCOD boundaries shall be as follows: In the Great
Barrington village center, the VCOD shall include Main Street from
the Brown Bridge on the north to the intersection of Main Street and
Maple Avenue on the south, starting at the origin of Main Street at
the intersection of State Road and continuing south to Maple Avenue.
Specifically, the VCOD shall include the land of underlying zoning
districts and the land shown on the 2009 Great Barrington Assessors'
Maps, as follows:
|
Map 14
|
Parcels 1-7, 25-38, 73-77, 174-228, 237-238, and 310
|
|
Map 19
|
Parcels 53-93C, 96, 97, 100, 101, 107, 113, 114, 124, 125, 129,
131-135, 140-144, and 146-152A
|
|
Map 22
|
Parcels 1, 3, 3A, and 14-17
|
9.6.3.
Applicability. Within the VCOD, all proposed changes to the
exterior of structures, new construction, replacement of an existing
structure and any substantial structural change to an existing structure
shall require review by the Design Advisory Committee and a special
permit pursuant to Section 10.4. A substantial structural change is
defined, for the purpose of this section, as one which involves: changing
the height of a structure; increasing the size of the footprint of
a structure by more than 25% or 1,000 square feet, whichever is smaller;
or increasing the square footage of any above ground floor by more
than 25% or 1,000 square feet, whichever is smaller.
9.6.4.
Special permit. The special permit granting authority (SPGA)
for the VCOD shall be the Selectboard (except for special permits
for extension or alteration of nonconforming structures or uses, which
remains the purview of the Zoning Board of Appeals as set forth in
5.0).
9.6.6.
Procedures. Upon the filing of an application for a special
permit under this section, the Building Inspector shall notify the
applicant that design review is required and transmit a copy of the
special permit application to the Design Advisory Committee, which
shall promptly schedule a meeting with the applicant. No special permit
shall be issued by the SPGA until the Design Advisory Committee has
reviewed the proposed change and submitted a report to the SPGA, except
that if a report is not received by the SPGA within 30 days from the
date the application was submitted, the SPGA shall assume approval
of the application by the Design Advisory Committee.
9.6.8.
Uses by special permit. The following uses may be allowed by
special permit:
1.
Retail stores and/or wholesale sales and service with total aggregate
gross floor area of 10,000 or more square feet, but less than 20,000
square feet;
2.
Large-scale commercial development of 20,000 or more square feet,
but less than 50,000 square feet may be allowed only in buildings
existing as of the date of adoption of this section;
3.
Garages, public.
9.6.9.
Uses not permitted. All uses permitted in the underlying district
as shown in Section 3.1.4 are permitted in the VCOD, except as otherwise
prohibited in this section. The following uses are not permitted:
9.6.10.
Exceptions; dimensional requirements. Dimensional requirements
in the VCOD are as follows:
1.
Structures that have solely residential uses shall be the same as
in the underlying district as shown in Section 4.0.
2.
Structures, regardless of use, on the west side of Main Street south
of Castle Street shall be the same as in the underlying district as
shown in Section 4.0.
3.
For all other uses the requirements shall be shown as in Section
4.0 as nonresidential principal uses.
9.6.11.
Parking requirements. Parking requirements in Section 6.1 do
not apply in the VCOD, except as provided in this section.
1.
For permitted uses in existing buildings in the B District, including
those that are remodeled but not substantially expanded, there shall
be no off-street parking required.
2.
For permitted uses in existing buildings in the other underlying
districts that are not substantially expanded as defined in this section,
except for any building greater than 10,000 square feet, parking is
required as follows: (a) the same number of existing off-street parking
spaces must be retained; (b) additional off-street or off-site parking
is not required.
3.
For permitted uses in new buildings or existing buildings that are
substantially expanded as defined in this section or any building
greater than 10,000 square feet, parking is required as follows: (a)
the parking requirements for residential uses in Section 6.1.2 do
not apply; (b) the parking requirements for business or industrial
uses in Section 6.1.2 through 6.1.6 shall be calculated as follows:
the sum of the required parking for each use multiplied by 0.5 with
the product rounded down to the nearest whole number, plus handicapped
parking as may be required by law or building code [example: three
spaces required for retail, four spaces required for offices: (three
+ four) x 0.5 = 3.5, so three spaces, + one handicapped space, = four
spaces are required]; (c) existing parking may be counted as meeting
the parking requirements above; and (d) some or all parking requirements
may be waived if the SPGA grants a special permit pursuant to Section
6.1.9.
9.6.12.
Design review. Applications for special permit under this section
are subject to Section 7.19.5, Design Review Standards, with the following
additional provisions:
1.
General principles.
a.
Encourage improvements of 1900s buildings and new buildings
to be of complementary height and style for mixed use (commercial,
retail and residential).
b.
Encourage off-street parking to be located to minimize visual
impact from the street and utilize access from side streets when practicable.
c.
Encourage reinforcement of the streetwall through zero front-yard
setbacks when practicable.
9.7.1.
Purpose. The Downtown Business Parking (DBP) District is an
overlay district designed to provide municipal and/or commercial parking
facilities while protecting the traditional character of the central
business area.
9.7.2.
Location. The DBP District shall consist of the land shown on
the 2001 Great Barrington Assessor's Map 19, Lot Nos. 140, 141, 142,
142A, 143, 144, 146, 147, 148, 149, 149A, 150, 150A, 151, and portions
of 152 and shown on the map entitled "Downtown Business Parking District,
May 2001," on file in the office of the Town Clerk.
9.7.3.
Dimensional requirements and permitted uses. Permitted uses
and dimensional requirements in the Downtown Business Parking District
shall be the same as in the B-2 District; provided, however, that
for commercial parking lots and any commercial building(s) attached
to a commercial parking lot, the schedule of dimensional requirements
for such commercial parking lots and attached commercial building(s)
shall be the same as in the Downtown Business District.
9.8.1.
Purpose. The purposes of the Housatonic Mills Revitalization
Overlay District (HMROD) are:
1.
To encourage the revitalization of the existing buildings to benefit
the general health and welfare of our residents and the region;
2.
To promote the economic health and vitality of the Town by encouraging
the preservation, reuse, renovation, and redevelopment of underutilized
historic structures;
3.
To allow for the adaptive reuse of historic structures in a way that
preserves their relationship to the Housatonic River as well as the
character of nearby residential and commercial neighborhoods;
4.
To create employment opportunities both short term and long term;
5.
To maintain or increase the supply of affordable dwelling units;
6.
To encourage and provide for the coordinated and mixed development
of residential, business, industrial, manufacturing, institutional,
and/or educational uses;
7.
To allow for a mix of new land uses appropriate to the needs of the
community, to the scale of surrounding neighborhoods, and to the landscape;
8.
To create new mixed use areas at appropriate locations, densities,
heights and mixtures of use;
9.
To encourage flexibility in site and architectural design, restoration
and building massing;
10.
To maintain a consistently high level of design quality;
11.
To promote development that maximizes pedestrian and bicycle
activity, access, and safety;
12.
To promote environmentally sustainable development; and
13.
To promote public access to the Housatonic River for scenic
and recreational purposes.
9.8.2.
Establishment and location. The HMROD is hereby established
as an overlay district. All regulations pertaining to the underlying
district(s) shall continue to be in full force and effect, except
to the extent that the provisions of this section modify, amend, or
supersede such underlying requirements or provide an alternative to
such requirements. A special permit issued pursuant to this section
shall replace special permits required under other sections of this
bylaw. Where standards or other requirements listed as part of this
section conflict with those in the underlying district, the provisions
of this section shall apply.
The HMROD shall consist of the land shown on the 2010 Great
Barrington Assessors' Map 2, Lot Numbers 21, 21A, 21B, 22, 22A, 23A,
23B, 48, 48A, 48B, 49, 50, 51, 52, 53, 54, 55, 56, 57, 57A, 58, 59,
66, and a portion of 75, and shown on the map entitled "Housatonic
Mills Revitalization Overlay District, May 2011," on file in the office
of the Town Clerk.
9.8.3.
Applicability. Within the HMROD, the construction of new structures,
and the reconstruction, extension, alteration, or substantial structural
change of an existing structure that is nonconforming in the underlying
zoning district, shall require a special permit issued in accordance
with this section and Section 10.4.
An alteration is defined, for the purposes of this section,
as any change that retains, extends, or increases a nonconformity
of an existing structure, or as any change to an existing structure
to provide for a substantially different purpose or use.
A substantial structural change is defined, for the purpose
of this section, as a change which involves: changing the height of
a structure; increasing the size of the footprint of a structure by
more than 10% or 2,000 square feet, whichever is smaller; increasing
the square footage of any above ground floor by more than 10% or 2,000
square feet, whichever is smaller; or demolition of any structure
or portion thereof greater than 1,000 square feet. A special permit
shall not be required for emergency demolition or repair of existing
structures or utilities to ensure the health and safety of residents.
The special permit granting authority (SPGA) for the HMROD shall
be the Planning Board.
9.8.4.
Infill. New structures conforming to the underlying zoning may
be constructed by right. New structures in the HMROD not in conformance
with the underlying zoning may be permitted by SP in accordance with
this section.
9.8.5.
Expansion of existing buildings. Existing buildings, through
a special permit under this section, may be expanded provided that
such expansion is consistent with the existing building's historic
character and scale and does not cause substantial detriment.
9.8.6.
Intensity of use. More than one principal structure per lot
may be allowed by special permit.
9.8.7.
Use regulations.
1.
Permitted uses. All uses permitted by right in the underlying zoning
districts are permitted by right in the HMROD.
2.
Prohibited uses. The following uses are prohibited in the HMROD,
whether or not permitted in the underlying zoning districts:
a.
Fuel storage and sales, excluding motor vehicle fuel stations.
3.
Special permits. An applicant may apply for an HMROD special permit
to redevelop all or portions of the HMROD in a coordinated fashion.
One special permit may be sought for multiple uses or structures.
Applicable adaptive reuse of a historic structure within the HMROD
may be conducted upon the issuance of a special permit in accordance
with this section and Section 10.4.
9.8.8.
Dimensional standards. The SPGA may waive or reduce the requirements
of Sections 4.1 and 4.2 of this bylaw only if it determines that the
requested waivers or reductions further the purposes of this section.
In place of these requirements, the following dimensional standards
shall apply:
1.
Structures to be demolished may be replaced within the existing footprint.
2.
Setbacks for nonresidential and mixed use. Setbacks shall be the
lesser of the minimum setbacks required in the underlying district
or the average setback between two buildings that predate this Zoning
Bylaw and are either currently occupied or shall be re-occupied as
part of a coordinated development permitted under this section. The
SPGA may reduce front, side and rear yard setbacks to as low as zero
feet as part of a special permit.
3.
Primary entrances to proposed and existing buildings shall be situated
on pedestrian amenities (e.g., sidewalks, plazas or open space) having
a minimum width of five feet;
4.
Setbacks shall be consistent with the character of the existing street
and shall not preclude pedestrian access;
5.
Access for loading and emergency vehicles is maintained;
6.
Natural light and air circulation are maintained.
9.8.9.
Parking and loading. The parking and loading requirements for
the use as established in Section 6.1 shall apply to the individual
uses in the HMROD. As part of a special permit application under this
section, an applicant may request reductions to these requirements
or alternative methods of achieving the requirements. Such alternative
methods may include:
1.
On-site parking, noncompeting uses. In mixed-use developments, applicants
may propose a reduction in parking requirements if, based on an analysis
of peak demands, which shall include considerations of public transit
options, if any, it can be demonstrated to the SPGA that the peak
demands of proposed uses do not overlap.
2.
Off-site parking. Separate from, or in conjunction with, on-site
parking provisions, an applicant may use off-site parking to satisfy
parking requirements in accordance with the following conditions:
3.
Public parking. The SPGA, at its discretion, may allow spaces within
a public lot to be used as a supplement to other acceptable parking
arrangements.
9.8.10.
Affordable housing. All new residential development permitted
in accordance with this section and containing more than four dwelling
units shall comply with the requirements of Sections 9.4.11 through
9.4.13, with the additional requirement that any project of 10 or
more dwelling units shall designate 20% of the units within the development
as affordable units, and include a contribution to the Municipal Affordable
Housing Trust Fund for fractional units as defined and set forth in
Sections 9.4.11 through 9.4.13.
9.8.11.
Procedures. An application for a special permit shall be filed
in accordance with the requirements of Section 10.4.
9.8.12.
Criteria. In addition to the findings required in Section 10.4,
the SPGA must also find that the proposal does not contravene the
purposes of this section.
9.9.1.
Purpose. The Housatonic Village Center (HVC) district is hereby
established to encourage a mix of uses in, while preserving the density
and pedestrian-oriented character of the Housatonic Village Center,
and to bring existing uses and structures into compliance with zoning
requirements in order to facilitate a variety of business and housing
opportunities.
9.9.2.
Location. The HVC shall consist of the land shown on the 2013
Town of Great Barrington Assessors' Map 1 as Parcels 88, 116A, 117A,
118A, 119-135, 162-165A, 189-194, 197, 198, 202-204, 242, 243, 248,
252, 253, 253A, and 253B, and Assessors' Map 2 as Parcels 10, 18-20,
and 53-60.
9.9.3.
Permitted uses. Permitted uses in the HVC are set forth in Section
3.1.4, the Table of Use Regulations.
9.9.4.
Dimensional requirements. Minimum setback and dimensional requirements
shall be as set forth in Section 4.1.2, Schedule of Dimensional Requirements,
except as follows:
1.
Existing structures, or those for which valid building permits have
been issued, as of May 4, 2015, with front, side, and rear setbacks
that do not meet the requirements herein shall be permitted to maintain
those setbacks.
2.
Maximum front yard. New structures shall not be set back more than
10 feet or more than the average of the front yard setbacks of existing
buildings on the abutting lots on either side, whichever is less.
9.9.5.
Parking. The off-street parking requirements in Section 6.1
shall not apply in the HVC except as provided in this section. Off-street
parking requirements in the HVC shall be as follows:
1.
Only one space shall be required for any dwelling unit, whether in
residential-only or in mixed-use buildings.
2.
For permitted uses in existing buildings that are not substantially
expanded, the existing parking spaces shall be retained, but no new
spaces shall be required. A substantial expansion is defined, for
the purpose of this section, as one which involves increasing the
size of the footprint of a structure by more than 25% or 500 square
feet, whichever is less.
3.
For permitted uses in new buildings or existing buildings that are
substantially expanded, as defined in this section, or for any building
greater than 5,000 square feet gross floor area, parking is required
as follows:
a.
One parking space shall be required for each dwelling unit;
b.
The parking requirements for business or industrial uses in
Section 6.1.2 through 6.1.6 shall be calculated as follows: the sum
of the required parking for each use multiplied by 0.5 with the product
rounded down to the nearest whole number, plus handicapped parking
as may be required by law or building code [example: three spaces
required for retail, four spaces required for offices: (3 + 4) x 0.5
= 3.5, so three spaces, + one handicapped space, = four spaces are
required]; and
4.
The parking requirements of this section may be waived if the SPGA
grants a special permit pursuant to Section 6.1.9.
9.10.1.
Purpose. The Housatonic Village Overlay District (HVOD) is hereby
established as an overlay district to enable mixed uses, facilitate
a variety of business and housing opportunities, and provide for the
preservation of the character, design, and scale of the Housatonic
Village Center.
9.10.2.
Location. The HVOD shall consist of the land shown on the 2013
Great Barrington Assessors' Map 1 as Parcels 18, 19, 19A, 25, 65,
66, 72, 83, 84, 84A, 85-87, 89-109, 111, 113, and 115-118, and Assessors'
Map 2 as Parcels 2-9, and 11-17.
9.10.3.
Applicability of underlying district requirements. All requirements
pertaining to the underlying zoning district(s) shall continue to
be in full force and effect, except to the extent that the provisions
of this section modify, amend, or supersede such underlying requirements
or provide for an alternative to such requirements.
9.10.4.
Permitted uses. All requirements pertaining to the underlying
zoning district(s) shall continue to be in full force and effect,
except that within the HVOD mixed-use and live-work uses may be permitted
by special permit issued in accordance with this section and Section
10.5. The requirements of Section 8.4 shall not apply to mixed-use
establishments in the HVOD.
The special permit granting authority (SPGA) for the HVOD shall
be the Planning Board.
9.10.5.
Dimensional requirements. Setback and dimensional requirements
shall be as set forth in Section 4.1.2, Schedule of Dimensional Requirements,
except as follows:
1.
Existing structures, or those for which valid building permits have
been issued, as of May 4, 2015, with front, side, and rear setbacks
that do not meet the requirements of herein shall be permitted to
maintain those setbacks. These existing setbacks may not be decreased
except in accordance with Section 5.0 of this Zoning Bylaw.
9.11.1.
Purpose. The Mixed Use Transitional Zoning District (MXD) is
hereby established to preserve and enhance the mix of residential
and retail uses, to maintain the existing character of the area, and
to bring existing uses and structures more into compliance with the
Zoning Bylaw, thereby facilitating a variety of business and housing
opportunities within walking distance of the Town's downtown core.
9.11.2.
Location. The MXD shall consist of the land shown on the 2015
Town of Great Barrington Assessors' Map 22 as Parcels 2, 3A, 4-13,
18-63, 66-88, 88A, and on Map 25 as Parcels 1-4.
9.11.3.
Permitted uses. Permitted uses in the MXD are set forth in Section
3.1.4, the Table of Use Regulations.
9.11.4.
Dimensional requirements. Minimum setback and dimensional requirements
for the MXD shall be as set forth in Section 4.1.2, Schedule of Dimensional
Requirements, except as follows:
1.
Existing structures, or those for which valid building permits have
been issued, as of May 9, 2016, with front, side, and rear setbacks
that do not meet the requirements herein shall be permitted to maintain
those setbacks.
2.
Maximum front yard. New structures shall not be set back more than
the average of the front yard setbacks of existing buildings on the
abutting lots on either side. For averaging purposes, if a vacant
lot exists on one side of a lot, the minimum front yard set forth
in the Schedule of Dimensional Requirements shall be considered the
front yard setback for the vacant lot.
9.11.5.
Parking. The off-street parking requirements in Section 6.1
shall not apply in the MXD except as provided in this section. Off-street
parking requirements in the MXD shall be as follows:
1.
For new buildings, required off-street parking spaces shall not be
located within the front yard area.
2.
Only one space shall be required for any dwelling unit, whether in
residential-only or in mixed-use buildings.
3.
For permitted uses in existing buildings (those in existence as of
May 9, 2016) that are not substantially expanded, the existing parking
spaces shall be retained, but no new spaces shall be required. A substantial
expansion is defined, for the purpose of this section, as one which
involves increasing the gross floor area of a structure by more than
25% or 500 square feet, whichever is less.
4.
For permitted uses in new buildings or existing buildings that are
substantially expanded, as defined in this section, or for any building
greater than 5,000 square feet gross floor area, parking is required
as follows:
a.
One parking space shall be required for each dwelling unit;
b.
The parking requirements for business or industrial uses in
Section 6.1.2 through 6.1.6 shall be calculated as follows: the sum
of the required parking for each use multiplied by 0.5 with the product
rounded down to the nearest whole number, plus handicapped parking
as may be required by law or building code [example: three spaces
required for retail, four spaces required for offices: (3 + 4) x 0.5
= 3.5, so three spaces, + one handicapped space, = four spaces are
required]; and
9.12.1.
Purpose. The purpose of this section is to:
1.
Provide reasonable regulations to govern solar energy systems in
order to regulate the size, placement, design, construction, operation,
maintenance and removal of such installations;
2.
Minimize the impact on and loss of scenic, natural, agricultural
and historic resources, and the character of residential neighborhoods;
3.
Protect public health, safety, and welfare; and
4.
Encourage the siting of such installations on rooftops, brownfields,
and industrial land.
9.12.2.
Use regulations. Solar energy systems shall be permitted as
set forth in Section 3.1.4, the Table of Use Regulations.
9.12.3.
Dimensional regulations.
1.
Setbacks. A ground-mounted solar energy system shall not be located
within the front, side, or rear yard required in the zoning district
in which the system is located. Perimeter fences more than six feet
high and appurtenant structures such as transformers, utility boxes,
or utility poles, shall also be subject to this requirement, but the
Planning Board may grant a waiver if it is shown that a particular
location is required by the applicable utility company for utility
grid connection purposes. In R1A, R1B, and R3 Zones, ground-mounted
solar arrays of any size are prohibited from being placed nearer to
the front lot line or front setback line than the primary structure.
2.
Lot coverage. A solar energy system shall not be included in calculations
for lot coverage or impervious surface area, unless the ground area
under the solar energy system is impervious.
3.
Height. Accessory use systems in residential, B1, and MXD Zones shall
not exceed 15 feet at their highest point.
9.12.4.
Design and performance standards. All ground-mounted solar energy
systems, whether permitted by right or by special permit, shall comply
with the following standards:
1.
Visual impact. Reasonable efforts shall be made to minimize visual
impact from public rights of way and abutting properties. Dense vegetation
is the preferred method of screening.
2.
Auditory impact. Operation of the system shall cause no increase
in sound levels, beyond background levels, measurable on abutting
residential properties.
3.
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be minimized. Areas of clearing shall be revegetated.
4.
Agricultural land. Where systems are proposed on farmland, or on
prime farmland soils as defined by the United States Department of
Agriculture Natural Resources Conservation Service, systems shall
be designed, constructed, and operated to minimize soil compaction
and loss of fertility and shall incorporate active farm uses to the
extent practicable. The land removed from agricultural use shall not
exceed 20% of the total existing agricultural land in common ownership
at, or abutting, the solar energy system location, or 15 acres, whichever
is less.
5.
Lighting. Any proposed lighting shall be provided for emergency-use
only and directed downward and have full horizontal cut-offs.
6.
Utility lines. Any utility lines between a solar energy system and
the utility grid shall be underground to the extent feasible.
7.
Fences. All perimeter fences shall have a clearance of six inches
between the bottom of the fence and the ground.
8.
Plantings/seed mix. All proposed landscaping and revegetation shall
be with noninvasive species and seed mixes that are pollinator and
habitat friendly and do not require the use of pesticides or herbicides.
9.12.5.
Special permits. Special permits for solar energy systems shall
be required as set forth in Section 3.1.4, the Table of Use Regulations,
and shall be subject to the requirements of this section and the criteria
of Section 10.4.
9.12.6.
Site plan review.
1.
The following solar energy systems shall be subject to site plan
review by the Planning Board, in accordance with Section 10.5:
a.
Accessory use solar energy systems in excess of 750 square feet
of project area.
b.
Commercial-scale solar energy systems.
c.
Ground-mounted solar energy systems in any residentially-zoned
area, the B1 Zone, or the MXD Zone, which are located nearer to the
front lot line than the primary structure.
2.
In addition to the submittal requirements of Section 10.5.3, the
project proponent shall provide the following:
a.
Locations of farmland soils, by type, and plans to protect,
maintain, and/or restore same.
b.
Locations of proposed utility connections and disconnects.
c.
Locations and details of proposed access roads in and around
the solar energy system.
d.
Locations and details of any perimeter fencing.
e.
Structural details of the system.
f.
Operations and maintenance plan and emergency management plan.
A copy of the site plan, electrical schematics, and the emergency
management plan shall be provided to the Great Barrington Building
Inspector and Fire Chief prior to issuance of a certificate of occupancy.
A periodic, not less than annual, certification and summary of operations
and maintenance activities, including mowing or farming as applicable,
shall be submitted to the Planning Board.
9.12.7.
Agricultural Commission Review. If a commercial-scale solar
energy system is to be located on land that is actively farmed, or
has been farmed within the last five years, or on prime farmland soils,
the project proponent shall provide a full copy of the site plan review
application to the Agricultural Commission simultaneously with submittal
to the Planning Board. The Agricultural Commission shall review and
provide comments relative to agricultural matters to the Planning
Board within 30 calendar days of the filing of the application. The
Planning Board shall not issue its site plan decision until the Agricultural
Commission has provided its comments to the Board unless more than
30 days have passed since the application was filed.
9.12.8.
Insurance, decommissioning, and abandonment.
1.
Approval of any commercial-scale ground-mounted solar energy system
shall require a decommissioning plan that includes consideration of
the following:
a.
Physical removal of all solar energy systems, foundations and
structures, equipment, fencing, security barriers and transmission
lines from the site.
b.
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
c.
Stabilization or re-vegetation of the site as necessary to minimize
erosion.
d.
Soil restoration, including soil health.
e.
Financial surety. The proponent and land owner shall provide
a form of surety, through an escrow account, a bond, or otherwise,
in a form satisfactory to the Planning Board, to cover the cost of
removal and remediation in the event that the Town must remove the
installation and remediate the landscape. The surety shall include
a fully inclusive estimate of these costs prepared by a qualified
engineer, including a mechanism for calculating increased costs resulting
from inflation.
2.
Absent notice of a proposed date of decommissioning or written notice
of extenuating circumstances, a ground-mounted solar energy system
shall be considered abandoned when it fails to operate for more than
two years without the written consent of the Planning Board. Abandoned
facilities shall be removed at the owner's expense.
3.
Approval of a commercial-scale ground-mounted solar energy system
shall require evidence of liability insurance in an amount and duration
sufficient to cover loss or damage to persons and structures occasioned
by the failure of the facility.
9.13.1.
Purpose. The purposes of this section are:
1.
To establish Smart Growth Overlay Districts (SGODs) to encourage
smart growth in accordance with the purposes of MGL Chapter 40R;
2.
To encourage the revitalization of existing buildings to benefit
the general health and welfare of our residents and the region;
3.
To promote the economic health and vitality of the Town by encouraging
the preservation, reuse, renovation, and repurposing of underutilized
historic structures where applicable;
4.
To maintain or increase the supply of affordable dwelling units;
5.
To encourage the creation of new multifamily and residential developments
in appropriate locations at appropriate densities; and
6.
To maintain a consistently high level of design quality.
9.13.2.
ADMINISTERING AGENT or MONITORING AGENT
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
APPLICANT
AS-OF-RIGHT
DEPARTMENT or DHCD
DESIGN STANDARDS
DEVELOPABLE LAND
ELIGIBLE HOUSEHOLD
ENABLING LAWS
LIGHT INDUSTRIAL USE
LIVE/WORK UNIT
MIXED-USE DEVELOPMENT PROJECT
MULTIFAMILY RESIDENTIAL USE
PAA REGULATIONS
PLAN APPROVAL
PLAN APPROVAL AUTHORITY (PAA)
PROJECT
RESIDENTIAL PROJECT
SGOD/SGODs
ZONING BYLAW
Definitions. For purposes of SGODs, the following definitions
shall apply. All capitalized terms shall have the meaning set forth
below, which are intended to be in accordance with the definitions
established under the Enabling Laws, or, as applicable, as otherwise
set forth in the Zoning Bylaw, or as set forth in the Plan Approval
Authority (PAA) Regulations. To the extent that there is any conflict
between the definitions set forth in this section or the PAA Regulations
and the Enabling Laws, the terms of the Enabling Laws shall govern.
The local housing authority or other qualified housing entity
designated by the PAA pursuant to this section to review and implement
the affordability requirements affecting projects under this section.
An affordable housing unit required to be sold to an eligible
household.
Housing that is affordable to and occupied by eligible households.
A deed restriction for affordable housing meeting the statutory
requirements in MGL c. 184, § 31 and the requirements of
this section.
An affordable housing unit required to be rented to an eligible
household.
The individual or entity that submits a project for plan
approval.
A use allowed in a SGOD without recourse to a special permit,
variance, zoning amendment, or other form of zoning relief. A project
that requires plan approval by the PAA pursuant to this section shall
be considered an as-of-right project.
The Massachusetts Department of Housing and Community Development,
or any successor agency.
Provisions of Section 9.13.13 of this section made applicable
to projects within SGODs that are subject to the plan approval process.
An area of land that does not include floodplain, wetlands
or wetland buffer zone areas, River Protection Areas, rare and endangered
species habitats as designated by the Massachusetts Natural Heritage
and Endangered Species Program, or slopes over 15%.
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD) or any successor
agency, adjusted for household size, with income computed using HUD's
rules for attribution of income to assets.
MGL Chapter 40R, and 760 CMR 59.00 or applicable successor
regulation.
Fabrication, finishing, packaging or assembly operation utilizing
hand labor or quiet machinery and processes, that are free from agents
disturbing to the neighborhood, including but not limited to odors,
gas fumes, smoke, cinders, flashing or excessively bright lights,
refuse matter, electromagnetic radiation, heat or vibration.
A living unit in which the resident(s) are engaged in creative
production and services, and which may or may not include retail sales
of items produced on-site, provided such sales do not occur more than
12 hours per week or between the hours of 8:00 p.m. to 8:00 a.m.
A project containing a mix of residential uses and nonresidential
uses, as allowed by this section, and subject to all applicable provisions
of this section.
A residential building in which there are four or more residential
dwelling units.
The rules and regulations of the PAA adopted pursuant to
Section 9.13.9.
Standards and procedures which projects utilizing the provisions
of a SGOD must meet, pursuant to Sections 9.13.9 through 9.13.13 and
the Enabling Laws.
The local approval authority authorized under Section 9.13.9
to conduct the plan approval process for purposes of reviewing project
applications and issuing plan approval decisions within SGODs.
A residential or mixed-use development undertaken within
SGODs in accordance with the requirements of this section.
A project that consists solely of residential, parking, and
accessory uses.
One or more Smart Growth Overlay Districts established under
this section pursuant to MGL c. 40R.
The current effective Zoning Bylaw of the Town of Great Barrington.
9.13.3.
Establishment and location. The SGODs are overlay districts
consisting of the land, respectively shown on the Map entitled Smart
Growth Overlay Districts (SGODs) Developable Land Plan, dated January
13, 2017, and on file with the Town Clerk, and further defined as
follows:
1.
Districts. The SGODs shall include the following districts and subdistricts/subzones:
a.
North District (N-SGOD):
(1)
Subdistrict A. Housatonic Mills smart growth area, which shall
consist of the land shown on the 2015 Town of Great Barrington Assessors'
Map 2 as Parcels 21, 21A, 21B, 22, 22A, 23A, 23B, 48, 48A, 49, 50,
51, and 52.
(2)
Subdistrict B. Rising Mill smart growth area, which shall consist
of the land shown on the 2015 Town of Great Barrington Assessors'
Map 5 as Parcel 9.
b.
South District (S-SGOD). South Main Street smart growth area,
which shall consist of the land shown on the 2015 Town of Great Barrington
Assessors' Map 30 as Parcels 48, 49, and 49A, and Assessors' Map 38
as Parcel 12E.
9.13.4.
Applicability.
1.
The SGODs are overlay districts superimposed on all underlying zoning
districts. The regulations for use, dimension, and all other provisions
of the Zoning Bylaw governing the underlying zoning district(s) shall
remain in full force, except for those projects undergoing development
pursuant to this section. Within the boundaries of a SGOD, a developer
may elect either to develop a project in accordance with the requirements
of a SGOD, or to develop a project in accordance with the regulations
for use, dimension, and all other provisions of the Zoning Bylaw governing
the underlying zoning district(s) or other applicable overlay district(s).
Where a project proposed pursuant to this section falls within a Floodplain
Overlay District or Water Quality Protection Overlay District as set
forth in Sections 9.1 and 9.2 of the Zoning Bylaw, the project shall
comply with the applicable provisions of those sections, including
any special permit(s) as may be required.
2.
An applicant seeking to develop a project located within a SGOD must
submit an application for plan approval in accordance with the provisions
of the Enabling Laws and this section. Notwithstanding anything to
the contrary in the Zoning Bylaw, such project shall not be subject
to any other provisions of the Zoning Bylaw, including limitations
upon the issuance of building permits for residential uses related
to a rate of development or phased growth limitation or to a local
moratorium on the issuance of such permits, or to other building permit
or dwelling unit limitations.
9.13.5.
Permitted uses. The following
uses are permitted as-of-right for projects within and seeking plan
approval per the provisions of SGODs. Any other use of land or buildings
in connection with a project in SGODs is prohibited.
1.
North District.
a.
Subdistrict A (Housatonic Mills).
(1)
Multifamily residential uses, which may include live/work units.
(2)
Mixed-use projects, incorporating multifamily residential uses
and any of the following nonresidential uses, where the minimum gross
floor area devoted to residential uses shall be 50% of the gross floor
area of the project:
(a)
Offices, including medical offices.
(b)
Retail stores, including banks, and wholesale establishments,
but excluding stores and establishments with drive-through windows.
(c)
General service establishments and personal service
establishments.
(d)
Bakeries and artisan food or beverage producers.
(e)
Restaurants and cafes, indoor or outdoor.
(f)
Hotels, motels, or bed-and-breakfast establishments.
(g)
Community, education, or recreational uses, including
museums, parks, playgrounds, health clubs and gym/fitness centers.
(h)
Municipal buildings and facilities.
(i)
Light industrial uses.
(3)
Accessory uses, including home occupations, and parking accessory
to any of the above permitted uses.
b.
Subdistrict B (Rising Mill).
(1)
Multifamily residential uses, which may include live/work units.
(2)
Mixed-use projects, incorporating multifamily residential uses
and any of the following nonresidential uses, where the minimum gross
floor area devoted to residential uses shall be 50% of the gross floor
area of the project:
(a)
Offices, including medical offices.
(b)
Retail stores, including banks, and wholesale establishments,
but excluding stores and establishments with drive-through windows.
(c)
General service establishments and personal service
establishments.
(d)
Bakeries and artisan food or beverage producers.
(e)
Restaurants and cafes, indoor or outdoor.
(f)
Hotels, motels, or bed-and-breakfast establishments.
(g)
Community, education, or recreational uses, including
museums, parks, playgrounds, health clubs and gym/fitness centers.
(h)
Municipal buildings and facilities.
(i)
Light industrial uses.
(3)
Accessory uses, including home occupations, and parking accessory
to any of the above permitted uses.
9.13.6.
Affordable housing. For all projects, not less than 20% of housing
units constructed shall be affordable housing. For purposes of calculating
the number of units of affordable housing required within a project,
any fractional unit shall be deemed to constitute a whole unit. A
project shall not be segmented to evade the affordability threshold
set forth above.
Affordable housing shall be subject to the following requirements:
1.
Monitoring agent. A monitoring agent, which may be the local housing
authority or other qualified housing entity, shall be designated by
the PAA in its plan approval. In a case where the monitoring agent
cannot adequately carry out its administrative duties, upon certification
of this fact by the PAA or by DHCD such duties shall devolve to and
thereafter be administered by a qualified housing entity designated
by the PAA. In any event, such monitoring agent shall ensure the following,
both prior to issuance of a building permit for a project within a
SGOD, and on a continuing basis thereafter, as the case may be:
a.
Prices of affordable homeownership units are properly computed;
rental amounts of affordable rental units are properly computed;
b.
Income eligibility of households applying for affordable housing
is properly and reliably determined;
c.
The housing marketing and resident selection plan conforms to
all applicable requirements, has been approved by DHCD specifically
with regard to conformance with MGL c. 40R and 760 CMR 59.00, and
is properly administered;
d.
Sales and rentals are made to Eligible households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given; and
e.
Affordable housing restrictions meeting the requirements of
this section are approved by DHCD, specifically with regard to conformance
with MGL c. 40R and 760 CMR 59.00, and recorded with the proper Registry
of Deeds.
2.
Submission requirements. As part of an application for plan approval
for a project within a SGOD the applicant must submit the following
documents to the PAA and the monitoring agent:
a.
Evidence that the project complies with the cost and eligibility
requirements of Subsection 9.13.6.3;
b.
Project plans that demonstrate compliance with the requirements
of Subsection 9.13.6.4; and
c.
A form of affordable housing restriction that satisfies the
requirements of Subsection 9.16.6.5.
These documents in combination shall include details about construction
related to the provision, within the development, of units that are
accessible to the disabled and appropriate for diverse populations,
including households with children, other households, individuals,
households including individuals with disabilities, and the elderly.
3.
Cost and eligibility requirements. Affordable housing shall comply
with the following requirements:
a.
Affordable housing required to be offered for rent or sale shall
be rented or sold to and occupied only by eligible households.
b.
For an affordable rental unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum monthly
income permissible for an eligible household, assuming a family size
equal to the number of bedrooms in the unit plus one, unless other
affordable housing program rent limits approved by the DHCD shall
apply.
c.
For an affordable homeownership unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowners' association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an eligible household, assuming a family size equal to the number
of bedrooms in the unit plus one.
d.
Prior to the granting of any building permit for a project,
the applicant must demonstrate, to the satisfaction of the monitoring
agent, that the method by which such affordable rents or affordable
purchase prices are computed shall be consistent with state or federal
guidelines for affordability applicable to Great Barrington.
4.
Design and construction. Units of affordable housing shall be finished
housing units. Units of affordable housing shall be dispersed proportionately
throughout the project of which they are a part, across all unit types
and be comparable in initial construction quality and exterior design
to the other housing units in the project. Only unit types (e.g.,
live/work units, three-bedroom units) that contain a proportionate
share of the required percentage of affordable housing will be considered
eligible bonus units for the purposes of the Enabling Laws. The bedroom-per-unit
average for the affordable housing must be equal to or greater than
the bedroom-per-unit average for the unrestricted/market-rate units.
5.
Affordable housing restriction. Each project shall be subject to
an affordable housing restriction which is recorded with the appropriate
Registry of Deeds or registry district of the Land Court and which
contains the following:
a.
Specification of the term of the affordable housing restriction,
which shall be no less than 30 years;
b.
The name and address of the monitoring agent, with a designation
of its power to monitor and enforce the affordable housing restriction;
c.
A description of the affordable homeownership unit, if any,
by address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of affordable
rental units in a project or portion of a project which are rental.
Such restriction shall apply individually to the specifically identified
affordable homeownership unit and shall apply to a percentage of rental
units of a rental project or the rental portion of a project with
the initially designated affordable rental units identified in, and
able to float subject to approval by DHCD in accordance with, the
corresponding affirmative fair housing marketing plan (AFHMP) and
DHCD's AFHMP guidelines.
d.
Reference to a housing marketing and resident selection plan,
to which the affordable housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The plan shall designate the
household size appropriate for a unit with respect to the number of
bedrooms and provide that a preference for such unit shall be given
to a household of the appropriate size;
e.
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of eligible households compiled in accordance with the
housing marketing and resident selection plan;
f.
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership unit will be set;
g.
A requirement that only an eligible household may reside in
affordable housing and that notice of any lease of any affordable
rental unit shall be given to the monitoring agent;
h.
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the monitoring
agent;
i.
Provision that the restriction on an affordable homeownership
unit shall run in favor of the monitoring agent and/or the Town, in
a form approved by Town Counsel, and shall limit initial sale and
re-sale to occupancy by an eligible household;
j.
Provision that the restriction on affordable rental units in
a rental project or rental portion of a project shall run with the
rental project or rental portion of a project and shall run in favor
of the monitoring agent and/or the Town, in a form approved by Town
Counsel, and shall limit rental and occupancy to an eligible household;
k.
Provision that the owner or manager of affordable rental units
shall file an annual report to the monitoring agent, in a form specified
by that agent, certifying compliance with the affordability provisions
of this section and containing such other information as may be reasonably
requested in order to ensure affordability; and
l.
A requirement that residents in affordable housing provide such
information as the monitoring agent may reasonably request in order
to ensure affordability.
6.
Costs of housing marketing and selection plan. The housing marketing
and selection plan may make provision for payment by the project applicant
of reasonable costs to the monitoring agent to develop, advertise,
and maintain the list of eligible households and to monitor and enforce
compliance with affordability requirements. Such payment shall not
exceed 1/2% of the amount of rents of affordable rental units (payable
annually) or 1/2% of the sale or resale prices of affordable homeownership
units (payable upon each such sale or resale), as applicable.
7.
Age restrictions. Nothing in this Subsection 9.13.6 shall permit
the imposition of restrictions on age upon projects throughout an
entire SGOD. However, the PAA may, in its review of an application
for plan approval, allow a specific project within a SGOD designated
exclusively for the elderly, persons with disabilities, or for assisted
living, provided that any such project shall be in compliance with
all applicable federal, state and local fair housing laws and regulations
and not less than 25% of the housing units in such a restricted project
shall be restricted as affordable units.
8.
Phasing. For any project that is approved and developed in phases,
the percentage of affordable units in each phase shall be at least
equal to the minimum percentage of affordable housing required under
Subsection 9.13.6.6. Where the percentage of affordable housing is
not uniform across all phases, the unit dispersal and bedroom proportionality
requirements under Subsection 9.13.6.6 shall be applied proportionately
to the affordable housing provided for in each respective phase.
9.
No waiver. Notwithstanding anything to the contrary herein, the affordability
provisions in a SGOD shall not be waived without the express written
approval of DHCD.
9.13.7.
Density and dimensional requirements. Notwithstanding anything
to the contrary in this Zoning Bylaw, the dimensional requirements
applicable in the SGODs are as follows:
1.
Residential density. Multifamily residential (four or more dwelling
units) and mixed-use projects in a SGOD, and in any Subdistrict, may
be developed as-of-right at a minimum density of 20 dwelling units
per acre of developable land. Two-family and three-family residential
projects may be developed as-of-right in South District at a minimum
density of 12 dwelling units per acre of developable land. Single-family
residential use projects may be developed as-of-right in South District
at a minimum density of eight dwelling units per acre of developable
land.
2.
Lot area, frontage, and yard setbacks.
Each project shall have:
|
Minimum project area:
|
10,000 square feet
|
|
Minimum length of frontage:
|
50 feet
|
|
Minimum front yard setback:
|
0 feet in Subdistrict A of North District; 25 feet in Subdistrict
B and South District
|
|
Maximum front yard setback:
|
10 feet in Subdistrict A of North District; no maximum in Subdistrict
B or South District
|
|
Minimum side yard setback:
|
No requirement between buildings within a Project; 10 feet between
any project building and the boundary of the applicable SGOD
|
|
Minimum rear yard setback
|
No requirement between buildings within a project; 10 feet between
any project building and the boundary of the applicable SGOD
|
|
For the purposes of this subsection, frontage and front yard
setbacks shall be determined with respect to public and private streets,
as well as to private ways providing similar access.
|
|
Access: Individual buildings or parcels within a project site
shall have coordinated street access. There shall be not more than
one driveway (curb cut) per 50 feet of frontage.
|
3.
Open space. A minimum of 20% of the total project area shall be open
space. For the purpose of this subsection, "open space" shall be defined
as yards, playgrounds, walkways and other areas not covered by parking
and driveways; such open space need not be accessible to the public.
This minimum percentage may be reduced by the PAA through the plan
approval process only if the PAA specifically finds one or more of
the following are met:
a.
Riverfront access/appreciation: for any project that provides
for access or enjoyment of the Housatonic River, the minimum percentage
of open space may be reduced by half.
b.
Public open space: for any project that permanently restricts
the open space and allows public access in perpetuity, the percentage
of open space may be reduced by one-quarter.
c.
The above open space incentives may be cumulative.
4.
Building height, maximum:
|
North District:
Subdistrict A: 4 stories or 50 feet
Subdistrict B: 4 stories or 50 feet
|
|
South District: 3 stories or 40 feet
|
6.
Dimensional waivers in substantially developed subdistrict. The PAA
may, in order to encourage the development of infill housing units
on undeveloped lots within a substantially developed subdistrict,
grant a waiver to the dimensional standards of this subsection, in
accordance with Subsection 11.3.
9.13.8.
Parking and loading requirements. The following requirements
are applicable for projects within a SGOD.
1.
Parking spaces. Unless otherwise approved by the PAA, the following
minimum requirements shall apply:
Residential project: One parking space per residential unit.
Mixed-use project: One parking space per residential unit plus
the applicable quantity computed per the table below:
|
Use
|
Minimum Parking Required
|
|---|---|
|
Office, retail, wholesale, general service, and personal service
establishments
|
1 space per 300 square feet of net useable floor area
|
|
Bakeries and artisan food or beverage producers
|
1 space per employee
|
|
Restaurants and cafes
|
1 space per 3 seats
|
|
Hotels, motels, or bed-and-breakfast establishments
|
1 space per guest room
|
|
Community, education, or recreational uses
|
1 space for each 4 seats or equivalent floor area
|
|
Municipal buildings and facilities
|
1 space per 300 square feet of net useable office area
|
|
Light industrial uses
|
1 parking space for each 2 employees, computed on the basis
of the estimated maximum number of employees at any one time
|
2.
Loading spaces. Unless otherwise approved by the PAA, one loading
space shall be provided for every 20,000 gross square feet of floor
area for nonresidential use. Loading spaces must be demonstrated to
be of sufficient area and height to serve the intended use.
3.
Shared parking and loading. Notwithstanding anything to the contrary
herein, the use of shared parking or loading to fulfill parking or
loading demands noted above that occur at different times of day is
strongly encouraged. Minimum parking and loading requirements above
may be reduced by the PAA through the plan approval process if the
applicant can demonstrate that shared spaces will meet demands by
using accepted methodologies (e.g. the Urban Land Institute Shared
Parking Report, ITE Shared Parking Guidelines, or other approved studies
identified in the PAA Regulations or the Enabling Laws).
4.
Reduction in parking or loading requirements. Notwithstanding anything
to the contrary herein, any minimum required amount of parking or
loading may be reduced by the PAA through the plan approval process
if the applicant can demonstrate that the lesser amount of parking
or loading will not cause excessive congestion, endanger public safety,
or that a lesser amount of parking or loading will provide positive
environmental or other benefits, taking into consideration:
a.
The availability of surplus off-street parking or loading in
the vicinity of the use being served and/or the proximity of a bus
stop or transit station;
b.
The availability of public or commercial parking or loading
facilities in the vicinity of the use being served;
c.
Shared use of off-street parking or loading spaces serving other
uses having peak user demands at different times;
d.
Age or other occupancy restrictions which are likely to result
in a lower level of auto usage;
e.
Impact of the parking or loading requirement on the physical
environment of the affected area of the project or adjacent areas
or lots including reduction in green space, destruction of significant
existing trees and other vegetation, destruction of existing dwelling
units, or loss of pedestrian amenities along public ways; and
f.
Such other factors as may be considered by the PAA.
5.
Location of parking and loading. Any surface parking lot or loading
area shall, to the maximum extent feasible, be located at the rear
or side of a building, relative to any principal street, public open
space, or pedestrian way.
9.13.9.
Plan approval of projects: general provisions.
1.
Plan approval. All applicants for projects proposed to be developed
in accordance with this section shall submit an application for plan
approval to the PAA to be reviewed for consistency with the purpose
and intent of the applicable SGOD. Such plan approval process shall
be construed as an as-of-right review and approval process as required
by and in accordance with the Enabling Laws.
2.
Plan Approval Authority (PAA). The Planning Board, consistent with
MGL Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority
(the "PAA"), and it is authorized to conduct the plan approval process
for purposes of reviewing project applications and issuing plan approval
decisions within SGODs.
3.
PAA regulations. The Plan Approval Authority may adopt administrative
rules and regulations relative to plan approval. Such rules and regulations
must be approved by the Department of Housing and Community Development.
4.
Project phasing. An applicant may propose, in a plan approval submission,
that a project be developed in phases, provided that the submission
shows the full buildout of the project and all associated impacts
as of the completion of the final phase, and subject to the approval
of the PAA. Any phased project shall comply with the provisions of
Subsection 6.8.
9.13.10.
Plan approval procedures.
1.
Pre-application. Prior to the submittal of a plan approval submission,
a "concept plan" may be submitted to help guide the development of
the definitive submission for project buildout and individual elements
thereof. Such concept plan should reflect the following: areas of
developable and undevelopable land; overall building envelope areas;
open space and natural resource areas; general site improvements,
groupings of buildings, proposed land uses; and conceptual designs
of any new construction, if available. The concept plan is intended
to be used as a tool for both the applicant and the PAA to ensure
that the proposed project design will be consistent with the design
standards and other requirements of the applicable SGOD.
2.
Required submittals. An application for plan approval shall be submitted to the PAA on the form provided by the PAA and accompanied by an application fee if required, which shall be as set forth in the PAA regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA regulations. For any project that is subject to the affordability requirements of Subsection 6.0, the application shall be accompanied by all materials required under Subsection 6.2. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the PAA.
3.
Filing. An applicant for plan approval shall file the required
number of copies of the application form and the other required submittals
as set forth in the PAA regulations with the Town Clerk, and a copy
of the application including the date of filing certified by the Town
Clerk shall be filed forthwith with the PAA.
4.
Circulation to other boards. Upon receipt of the application,
the PAA shall immediately provide a copy of the application materials
to the Select Board, Board of Health, Conservation Commission, Fire
Department, Police Department, Building Commissioner, Department of
Public Works, the monitoring agent (for any project subject to the
affordability requirements of Subsection 6.0), and other municipal
officers, agencies or boards for comment, and any such board, agency
or officer shall provide any written comments within 60 days of its
receipt of a copy of the plan and application for approval.
5.
Hearing. The PAA shall hold a public hearing for which notice
has been given as provided in Section 11 of MGL Chapter 40A. The decision
of the PAA shall be made, and a written notice of the decision filed
with the Town Clerk, within 120 days of the receipt of the application
by the Town Clerk. The required time limits for such action may be
extended by written agreement between the applicant and the PAA, with
a copy of such agreement being filed in the office of the Town Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the plan
approval application.
6.
Peer review. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the plan approval application,
pursuant to MGL Chapter 40R, § 11(a). Such fees shall be
held by the Town in a separate account and used only for expenses
associated with the review of the application by outside consultants,
including, but not limited to, attorneys, engineers, urban designers,
housing consultants, planners, and others. Any surplus remaining after
the completion of such review, including any interest accrued, shall
be returned to the applicant forthwith.
9.13.11.
Plan approval decisions.
1.
Plan approval. Plan approval shall be granted where the PAA
finds that:
a.
The applicant has submitted the required fees and information
as set forth in the PAA regulations; and
b.
The project as described in the application meets all of the
requirements and standards, including affordability requirements and
design standards, and the PAA regulations, or a waiver has been granted
therefrom; and
c.
Any extraordinary adverse potential impacts of the project on
nearby properties have been adequately mitigated.
For a project subject to the affordability requirements of Subsection
6.0, compliance with the condition in Subsection 9.13.11.1.b above
shall include written confirmation by the monitoring agent that all
requirements of that subsection have been satisfied. The PAA may attach
conditions to the plan approval decision that are necessary to ensure
substantial compliance with this section and the PAA's approval, or
to mitigate any extraordinary adverse potential impacts of the project
on nearby properties.
2.
Plan disapproval. A plan approval application may be disapproved
only where the PAA finds that:
a.
The applicant has not submitted the required fees and information
as set forth in the PAA regulations; or
b.
The project as described in the application does not meet all
of the requirements and standards set forth in this section and the
PAA regulations, or that a requested waiver therefrom has not been
granted; or
c.
It is not possible to mitigate adequately significant adverse
project impacts on nearby properties by means of suitable conditions.
3.
Waivers. Upon the request of the applicant, the Plan Approval
Authority may waive dimensional and other requirements of this section,
including the design standards, in the interests of design flexibility
and overall project quality, and upon a finding of consistency of
such variation with the overall purpose and objectives of the applicable
SGOD, or if it finds that such waiver will allow the project to achieve
the density, affordability, mix of uses, and/or physical character
allowable under this section.
4.
Project phasing. The PAA, as a condition of any plan approval, may allow a project to be phased at the request of the applicant, or it may require a project to be phased for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, unless otherwise explicitly approved in writing by the Department in relation to the specific project, the proportion of affordable units shall be at least equal to the minimum percentage of affordable housing required under Subsection 6.
5.
Form of decision. The PAA shall issue to the applicant a copy
of its decision containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision,
and certifying that a copy of the decision has been filed with the
Town Clerk and that all plans referred to in the decision are on file
with the PAA. If 20 days have elapsed after the decision has been
filed in the office of the Town Clerk without an appeal having been
filed or if such appeal, having been filed, is dismissed or denied,
the Town Clerk shall so certify on a copy of the decision. If an application
is approved by reason of the failure of the PAA to timely act, the
Town Clerk shall make such certification on a copy of the application.
A copy of the decision or application bearing such certification shall
be recorded in the Registry of Deeds for the county and district in
which the land is located and indexed in the grantor index under the
name of the owner of record or recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
applicant.
6.
Validity of decision. A plan approval shall remain valid and
shall run with the land indefinitely, provided that construction has
commenced within two years after the decision is issued, which time
shall be extended by the time required to adjudicate any appeal from
such approval and which time shall also be extended if the project
proponent is actively pursuing other required permits for the project
or there is other good cause for the failure to commence construction,
or as may be provided in a plan approval for a multiphase project.
9.13.12.
Changes in plans after approval by PAA.
1.
Minor change. After plan approval, an applicant may apply to
make minor changes in a project involving minor utility or building
orientation adjustments, or minor adjustments to parking or other
site details that do not affect the overall buildout or building envelope
of the site, or provision of open space, number of housing units,
or housing need or affordability features. Such minor changes must
be submitted to the PAA on redlined prints of the approved plan, reflecting
the proposed change, and on application forms provided by the PAA.
The PAA may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the applicant for filing with the
Town Clerk.
2.
Major change. Those changes deemed by the PAA to constitute
a major change in a project because of the nature of the change in
relation to the prior approved plan, or because such change cannot
be appropriately characterized as a minor change as described above,
shall be processed by the PAA as a new application for plan approval
pursuant to Subsections 9.0 through 13.0.
9.13.13.
Design standards.
1.
Adoption of design standards. The following design standards
are adopted to ensure that development in a SGOD is of high quality
and is compatible with the character and scale of Great Barrington's
building types and streetscapes. These design standards are not meant
to limit creativity through innovative architectural design.
2.
Terms. It should be noted that the design standards include
a mixture of requirements, indicated generally by the use of the words
"shall" and "must" with regard to a specific standard, and guidelines,
which are more advisory in nature, and which are indicated generally
by the use of the words "should" and "may." Where appropriate the
design standards may be supplemented with "acceptable" and "unacceptable"
graphic examples within this section for illustrative purposes.
3.
General design principles applicable to all projects.
a.
Projects should further the purposes of the applicable SGOD;
b.
Buildings and materials should be consistent with or complementary
to the character of the specific Subdistrict;
c.
Development should be environmentally sustainable and should
incorporate to the degree practical low-impact development techniques,
energy efficiency, use of renewable energy and best practices for
stormwater management;
d.
Development should be designed to encourage pedestrian and bicycle
travel to and within the site and provide a safe and aesthetically
attractive pedestrian and bicycle environment;
e.
Development should protect environmentally sensitive areas such
as wetlands and the Housatonic River; and
f.
Existing natural resources, native vegetation, and the natural
topography of the site should be integrated into the site design to
the greatest extent practical.
4.
Site design standards applicable to all projects.
a.
Existing features and systems. Sites and buildings shall be
designed and constructed in such a way as to respect and retain, to
the extent practicable, the existing buildings, topography, natural
features, and natural systems of the area. The construction, operation,
and maintenance of buildings and sites in a SGOD shall be designed
to:
(1)
Minimize partial or wholesale demolition and removal
of historic buildings and features;
(2)
Minimize the volume of earth/soil cut and fill;
(3)
Minimize the number of removed trees six-inch caliper
or larger;
(4)
Minimize the length of removed stone walls;
(5)
Minimize the extent of stormwater flow increase
from the site, soil erosion, and threat of air, light, and water pollution.
b.
Public safety and circulation. Sites and buildings shall be
designed and constructed so that accessibility and pedestrian and
vehicular safety, both on the site and accessing and exiting the site,
are not compromised.
(1)
The locations, dimensions, directions of travel,
and construction details for streets, alleys, driveways, sidewalks,
curbs, gutters, catch basins, and other structures shall maximize
accessibility and pedestrian and vehicular safety.
(2)
Curb cuts, driveways, access ways and walkways
between adjacent sites shall be shared to the maximum extent practicable.
(3)
Streets, alleys, driveways, emergency access ways,
sidewalks, and bike ways shall be of adequate design with respect
to width, lighting, visibility, and drainage in order to ensure safety
to pedestrians, cyclists, and vehicular traffic.
c.
Scenic views. Buildings, site, and new landscape features shall
be designed and located to minimize the obstruction of scenic views
from sidewalks, public ways, parks, or other publicly accessible locations.
d.
Parking, loading, and service areas. The visibility of parking,
storage, or other outdoor service areas as viewed from public ways
or abutting premises shall be minimized to the extent practicable.
(1)
Fences, landscaping, or other screening features
should be employed to minimize visual intrusion from surrounding land
uses.
(2)
Screening features should not block visibility
in and out so that areas are unsafe.
(3)
The materials, color, and height above grade of
screening features should be generally consistent with, or complementary
to, the existing or desired building patterns in the surrounding area.
(4)
Parking lots shall incorporate shade trees to the
extent practicable. Species shall be selected in accordance with the
landscaping standards of this section.
e.
Landscaping. All projects shall provide landscaping as required
herein to the extent practicable. Landscape plants shall be noninvasive
and appropriate to the climate and site conditions. Consideration
should be given to species survivability, pest resistance, and ability
to provide for a "pollinator friendly" landscape in keeping with the
Town of Great Barrington's policy.
f.
Lighting and glare. Glare from headlights and site lighting,
including any lights on buildings and signs, into the night sky and
into adjacent properties shall be minimized. Applications for plan
approval shall include detailed photometric plans and specifications
of all proposed exterior lights, including height and locations of
fixtures, lumen ratings, color temperature, and light source (e.g.,
sodium vapor, metal halide, or LED).
g.
Stormwater and groundwater. Projects shall incorporate appropriate
provisions to contain, filter, clean and infiltrate stormwater and
other runoff from the site.
5.
Building design standards.
a.
Applicable to all projects:
(1)
Relationship to historic architecture and context.
Any existing buildings in a SGOD at the time of adoption of the applicable
SGOD shall be retained unless it is satisfactorily demonstrated to
the PAA that renovation and reuse are infeasible. The renovation of
existing buildings should retain recognizable features that distinguish
the architectural styles and character of the industrial heritage
of the site, while providing compatible and contemporary improvements
associated with the adaptive reuse of these structures.
(2)
Scale and proportions. New buildings, as viewed
from public ways and publicly accessible locations, shall be designed
to be contextual with other buildings in the vicinity, as follows.
[a]
Height of new buildings shall be within one story
of other buildings on the site and abutting properties, but shall
not exceed the maximum heights allowed in the applicable SGOD. The
apparent height may be altered by the use of sloping roofs, gables,
fenestration, and exterior architectural details.
[b]
Unbroken facades of longer than 100 feet shall
be avoided.
[c]
The architecture facing a public street or publicly
accessible space should exhibit a human scale of detail.
(3)
Materials. Exterior materials of new and renovated
buildings shall be contextual or complementary to existing historic
buildings, if any, in the vicinity. A combination of traditional and
modern materials and variations of color and texture shall be used
to reference both the historic and new building types.
9.13.14.
Severability. If any provision of this section is found to be
invalid by a court of competent jurisdiction, the remainder of the
section shall not be affected but shall remain in full force. The
invalidity of any provision of this section shall not affect the validity
of the remainder of the Great Barrington Zoning Bylaw.
9.13.15.
Administration, enforcement, and appeals. The provisions of
this section shall be administered by the Building Commissioner, except
as otherwise provided herein. Any legal appeal arising out of a plan
approval decision by the PAA under Subsections 9 through 13 shall
be governed by the applicable provisions of MGL Chapter 40R. Any other
request for enforcement or appeal arising under this section shall
be governed by the applicable provisions of MGL Chapter 40A.
9.14.1.
Purpose. The State Road Mixed Use District (B2X) is hereby established
to preserve and enhance the mix of business and residential uses,
to enhance the existing character of the area, and to bring existing
uses and structures more into compliance with the Zoning Bylaw, thereby
facilitating a variety of business and housing opportunities.
9.14.2.
Location. The B2X shall consist of the land shown on the 2016
Town of Great Barrington Assessors' Map 11 as Parcels 69, 71, 72,
74, 97, 105-111, 114-116; on Map 12 as Parcels 75, 75A, 79, 81, 84,
85, 88 and 89; on Map 14 as Parcels 8-24, 43, 44, 57, 57A; and on
Map 15 as Parcels 1-6, and that portion of Parcel 57 within 300 feet
from the centerline of State Road.
9.14.3.
Permitted uses. Permitted uses in the B2X are set forth in Section
3.1.4, the Table of Use Regulations.
9.14.4.
Dimensional requirements. Minimum setback and dimensional requirements
for the B2X shall be as set forth in Section 4.1.2, Schedule of Dimensional
Requirements, except as follows:
1.
Existing structures, or those for which valid building permits have
been issued, as of May 7, 2018, with front, side, and rear setbacks
that do not meet the requirements herein shall be permitted to maintain
those setbacks.
9.14.5.
Parking. The off-street parking requirements in Section 6.1
shall not apply in the B2X except as provided in this section. Off-street
parking requirements in the B2X shall be as follows:
1.
For new buildings, no off-street parking spaces shall be located
within the front yard area.
2.
Only one space shall be required for any dwelling unit, whether in
residential-only or in mixed-use buildings.
3.
For permitted uses in buildings in existence as of May 7, 2018 that
are not substantially expanded, no new spaces shall be required. A
substantial expansion is defined, for the purpose of this subsection,
as one which involves increasing the gross floor area of a structure
by more than 25% or 500 square feet, whichever is less.
4.
For permitted uses in new buildings or existing buildings that are
substantially expanded, as defined in this subsection, or for any
building greater than 5,000 square feet gross floor area, parking
is required as follows:
a.
One parking space shall be required for each dwelling unit;
b.
The parking requirements for business or industrial uses in
Section 6.1.2 through 6.1.6 shall be calculated as follows: the sum
of the required parking for each use multiplied by 0.5, with the product
rounded down to the nearest whole number, plus handicapped parking
as may be required by law or building code [example: three spaces
required for retail, four spaces required for offices: (3 + 4) x 0.5
= 3.5, so three spaces, + one handicapped space, = four spaces are
required); and
5.
The parking requirements of Subsection 9.14.5.2, 3, or 4 of this
subsection may be waived if the SPGA grants a special permit pursuant
to Section 6.1.9.
