SECTION 9.0 Special Districts

9.1 Flood Plain Overlay District (FPOD).

[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.

The use would otherwise be permitted if such land were not, by operation of this section, in the FPOD;

The use of such land for the proposed purpose will not interfere with the general purpose for which such FPODs have been established;

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;

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;

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;

That safe vehicular and pedestrian movement to, over and from the premises is provided in the event of flooding; and

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.

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:

Good and sufficient cause and exceptional non-financial hardship exist;

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

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.

In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:

Adjacent communities, especially upstream and downstream.

Bordering states, if affected.

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, 8th Floor, Boston, MA 02114.

NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.

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).

Notification shall be submitted to: FEMA Region I Risk Analysis Branch Chief, 99 High Street, 6th Floor, Boston, MA 02110.

And copy of notification to: Massachusetts NFIP State Coordinator, MA Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114.

9.2 Water Quality Protection Overlay District (WQPOD).

9.2.1.

Purpose. Water Quality Protection Overlay Districts (WQPOD) are established in the Town of Great Barrington for the following purposes:

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;

To protect the community from the detrimental use and development of land and waters within the water quality protection district;

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;

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.

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.

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.

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:

Conservation of soil, water, plants, and wildlife;

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;

Foot, bicycle and/or horse paths, and bridges (horse paths are not permitted in Zone A);

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

Maintenance, repair, and enlargement of any existing structure, subject to other requirements herein;

Any use permitted in the underlying zoning district, subject to other requirements herein;

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to other requirements herein;

Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels;

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:

Landfills and open dumps as defined in 310 CMR 19.006;

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

Landfills receiving only wastewater and/or septage residuals including those approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder;

Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, except for:

Very small quantity generators as defined under 310 CMR 30.000;

Household hazardous waste centers and events operated in accordance with 310 CMR 30.390 (not permitted in Zone A);

Waste oil retention facilities required by MGLc. 21, § 52A (not permitted in Zone A);

Water remediation treatment works unless approved by DEP for the treatment of contaminated groundwater or surface water;

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;

Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products unless such storage is:

Above ground level; and

On an impervious surface; and

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.

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

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:

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;

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

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:

New or expanded underground storage tanks (310 CMR 22.20B);

Motor vehicle repair operations;

Cemeteries (human and animal) and mausoleums;

Solid waste combustion facilities or handling facilities as defined in 310 CMR 16.00;

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

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:

The nonconformity shall not be increased or expanded.

The replacement of any underground fuel storage tanks shall conform to the following:

The total capacity of the replaced tanks shall not be exceeded.

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.

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.

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.

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.

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.

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).

The continued operation of a legally preexisting gravel extraction bed shall conform to the following:

Excavation shall remain at least four feet above the mean high-water table, as established by data compiled by the United States Geological Survey.

The open bed area shall not exceed the existing bed at the effective date of this bylaw or two acres, whichever is less.

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:

Enlargement or alteration of existing uses that do not conform to the WQPOD;

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;

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.

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.

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.

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:

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

Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

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.

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 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;

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.

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 Wireless Telecommunication Overlay District (WTOD).

9.3.1.

Purposes. The purposes of the WTOD are to:

Preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless services to be developed.

Protect the scenic, historic, environmental and natural or man-made resources of the community.

Provide standards and requirements for planning, regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities.

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.

Preserve property values.

Minimize the total number and height of towers throughout the community.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Details of proposed method of financial surety as required herein.

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.

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.

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:

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).

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.

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.

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.

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.

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.

Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alteration.

Locations of any wetlands or streams and location and description of any direct or indirect wetlands alteration proposed.

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.

All information set forth in Sections 9.3.8.1 through 9.3.8.6, 9.3.9 and 9.3.9.16-23.

Applicant shall comply with the terms of Section 6.1 where applicable.

9.3.12.

General requirements.

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.

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.

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.

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.

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.

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.

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.

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.

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:

Visual/aesthetic. Towers shall, when possible, be sited off ridgelines, and where their visual impact is less detrimental to highly rated scenic areas.

Diminution of residential property values. Siting shall be in as low population density areas as possible.

Safety, in cases of structural failure and attractive nuisance.

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:

Shared use of existing towers shall be encouraged.

Clustering of towers. Applications for towers adjacent to existing towers shall be encouraged, provided that the existing tower(s) are already fully utilized.

The use of municipal lands where appropriate shall be encouraged.

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.

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).

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:

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;

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;

That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities; and

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:

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.

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.

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.

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 Downtown Mixed-Use B3 District.

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:

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;

Encourage infill and redevelopment of commercial, residential, and mixed-use development while preserving and enhancing the overall character of the district;

Encourage the development of small-scale mixed-use buildings;

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.

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.

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:

Offices, including medical offices.

Retail stores, including banks, but excluding stores and establishments with drive-through windows.

General service establishments and/or personal service establishments.

Bakers and/or artisan food or beverage producers.

Restaurants and cafes, indoor or outdoor.

Community, education, or recreational uses, including museums, parks, playgrounds, health clubs and gym/fitness centers.

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:

For new buildings, required off-street parking spaces shall not be located within the front yard area.

Only one space shall be required for any dwelling unit, whether in residential-only or in mixed-use buildings.

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.

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:

One parking space shall be required for each dwelling unit;

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

The parking requirements of Subsection 2, 3, or 4 of this section may be waived if the SPGA grants a special permit pursuant to Section 6.1.9.

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 Downtown Business B District.

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.

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.

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 Village Center Overlay District (VCOD).

9.6.1.

Purpose. The purpose of the Village Center Housing Overlay District (VCOD) section is to:

Foster a mix of uses;

Encourage greater pedestrian activity as a part of these activities;

Encourage preservation of historic buildings;

Encourage economic revitalization; and

Promote mixed-use buildings.

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).

9.6.5.

Criteria. In addition to the findings required in Section 10.4, the SPGA must also find that the proposed use meets the following criteria, to the extent practicable:

Improves village vitality and walkability;

Promotes mixed-use;

Promotes economic revitalization.

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.

9.6.7.

Uses permitted by right. The following uses are permitted by right in the VCOD, whether or not permitted in the underlying district:

Retail stores and/or wholesale sales and service with total aggregate gross floor area less than 10,000 square feet;

Mixed use;

Live/work units.

9.6.8.

Uses by special permit. The following uses may be allowed by special permit:

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;

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;

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:

Motor vehicle fuel stations;

Fuel storage and sales;

Gravel, loam, sand and stone removal;

Municipal sanitary landfill.

Retail establishments with drive-through facilities;

Food establishments with drive-through facilities;

Motor vehicle repair shop, and similar businesses.

9.6.10.

Exceptions; dimensional requirements. Dimensional requirements in the VCOD are as follows:

Structures that have solely residential uses shall be the same as in the underlying district as shown in Section 4.0.

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.

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.

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.

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.

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:

General principles.

Encourage improvements of 1900s buildings and new buildings to be of complementary height and style for mixed use (commercial, retail and residential).

Encourage off-street parking to be located to minimize visual impact from the street and utilize access from side streets when practicable.

Encourage reinforcement of the streetwall through zero front-yard setbacks when practicable.

9.7 Downtown Business Parking District.

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 Housatonic Mills Revitalization Overlay District.

9.8.1.

Purpose. The purposes of the Housatonic Mills Revitalization Overlay District (HMROD) are:

To encourage the revitalization of the existing buildings to benefit the general health and welfare of our residents and the region;

To promote the economic health and vitality of the Town by encouraging the preservation, reuse, renovation, and redevelopment of underutilized historic structures;

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;

To create employment opportunities both short term and long term;

To maintain or increase the supply of affordable dwelling units;

To encourage and provide for the coordinated and mixed development of residential, business, industrial, manufacturing, institutional, and/or educational uses;

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;

To create new mixed use areas at appropriate locations, densities, heights and mixtures of use;

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.

Permitted uses. All uses permitted by right in the underlying zoning districts are permitted by right in the HMROD.

Prohibited uses. The following uses are prohibited in the HMROD, whether or not permitted in the underlying zoning districts:

Fuel storage and sales, excluding motor vehicle fuel stations.

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:

Structures to be demolished may be replaced within the existing footprint.

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.

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;

Setbacks shall be consistent with the character of the existing street and shall not preclude pedestrian access;

Access for loading and emergency vehicles is maintained;

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:

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.

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:

Off-site parking shall be within 1,500 feet of the property for which it is being requested.

Off-site parking spaces shall be subject to a legally binding agreement that will be presented to the SPGA as a condition of the special permit.

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 Housatonic Village Center (HVC).

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:

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.

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.

No new nonconformity may be created except as may be permitted in accordance with Section 5 of this Zoning Bylaw.

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:

Only one space shall be required for any dwelling unit, whether in residential-only or in mixed-use buildings.

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.

One parking space shall be required for each dwelling unit;

The parking requirements of this section may be waived if the SPGA grants a special permit pursuant to Section 6.1.9.

9.10 Housatonic Village Overlay District (HVOD).

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:

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 Mixed Use Transitional Zone (MXD).

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:

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.

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.

No new nonconformity may be created except as may be permitted in accordance with Section 5 of this Zoning Bylaw.

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:

For new buildings, required off-street parking spaces shall not be located within the front yard area.

Only one space shall be required for any dwelling unit, whether in residential-only or in mixed-use buildings.

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.

One parking space shall be required for each dwelling unit;

The parking requirements of Subsection 2, 3, or 4 of this section may be waived if the SPGA grants a special permit pursuant to Section 6.1.9.

9.12 Solar energy systems.

9.12.1.

Purpose. The purpose of this section is to:

Provide reasonable regulations to govern solar energy systems in order to regulate the size, placement, design, construction, operation, maintenance and removal of such installations;

Minimize the impact on and loss of scenic, natural, agricultural and historic resources, and the character of residential neighborhoods;

Protect public health, safety, and welfare; and

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.

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.

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.

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:

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.

Auditory impact. Operation of the system shall cause no increase in sound levels, beyond background levels, measurable on abutting residential properties.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be minimized. Areas of clearing shall be revegetated.

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.

Lighting. Any proposed lighting shall be provided for emergency-use only and directed downward and have full horizontal cut-offs.

Utility lines. Any utility lines between a solar energy system and the utility grid shall be underground to the extent feasible.

Fences. All perimeter fences shall have a clearance of six inches between the bottom of the fence and the ground.

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.

The following solar energy systems shall be subject to site plan review by the Planning Board, in accordance with Section 10.5:

Accessory use solar energy systems in excess of 750 square feet of project area.

Commercial-scale solar energy systems.

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.

In addition to the submittal requirements of Section 10.5.3, the project proponent shall provide the following:

Locations of farmland soils, by type, and plans to protect, maintain, and/or restore same.

Locations of proposed utility connections and disconnects.

Locations and details of proposed access roads in and around the solar energy system.

Locations and details of any perimeter fencing.

Structural details of the system.

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.

Approval of any commercial-scale ground-mounted solar energy system shall require a decommissioning plan that includes consideration of the following:

Physical removal of all solar energy systems, foundations and structures, equipment, fencing, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or re-vegetation of the site as necessary to minimize erosion.

Soil restoration, including soil health.

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.

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.

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 Smart Growth Overlay Districts (SGODs).

9.13.1.

Purpose. The purposes of this section are:

To establish Smart Growth Overlay Districts (SGODs) to encourage smart growth in accordance with the purposes of MGL Chapter 40R;

To encourage the revitalization of existing buildings to benefit the general health and welfare of our residents and the region;

To promote the economic health and vitality of the Town by encouraging the preservation, reuse, renovation, and repurposing of underutilized historic structures where applicable;

To maintain or increase the supply of affordable dwelling units;

To encourage the creation of new multifamily and residential developments in appropriate locations at appropriate densities; and

To maintain a consistently high level of design quality.

9.13.2.

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.

ADMINISTERING AGENT or MONITORING AGENT

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.

AFFORDABLE HOMEOWNERSHIP UNIT

An affordable housing unit required to be sold to an eligible household.

AFFORDABLE HOUSING

Housing that is affordable to and occupied by eligible households.

AFFORDABLE HOUSING RESTRICTION

A deed restriction for affordable housing meeting the statutory requirements in MGL c. 184, § 31 and the requirements of this section.

AFFORDABLE RENTAL UNIT

An affordable housing unit required to be rented to an eligible household.

APPLICANT

The individual or entity that submits a project for plan approval.

AS-OF-RIGHT

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.

DEPARTMENT or DHCD

The Massachusetts Department of Housing and Community Development, or any successor agency.

DESIGN STANDARDS

Provisions of Section 9.13.13 of this section made applicable to projects within SGODs that are subject to the plan approval process.

DEVELOPABLE LAND

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%.

ELIGIBLE HOUSEHOLD

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.

ENABLING LAWS

MGL Chapter 40R, and 760 CMR 59.00 or applicable successor regulation.

LIGHT INDUSTRIAL USE

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.

LIVE/WORK UNIT

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.

MIXED-USE DEVELOPMENT PROJECT

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.

MULTIFAMILY RESIDENTIAL USE

A residential building in which there are four or more residential dwelling units.

PAA REGULATIONS

The rules and regulations of the PAA adopted pursuant to Section 9.13.9.

PLAN APPROVAL

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.

PLAN APPROVAL AUTHORITY (PAA)

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.

PROJECT

A residential or mixed-use development undertaken within SGODs in accordance with the requirements of this section.

RESIDENTIAL PROJECT

A project that consists solely of residential, parking, and accessory uses.

SGOD/SGODs

One or more Smart Growth Overlay Districts established under this section pursuant to MGL c. 40R.

ZONING BYLAW

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:

Districts. The SGODs shall include the following districts and subdistricts/subzones:

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.

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.

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.

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.

North District.

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.

Subdistrict B (Rising Mill).

(1)

Multifamily residential uses, which may include live/work units.

(2)

(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.

South District (South Main Street).

Single-family, two-family, three-family, or multifamily residential uses, any of which may include live/work units.

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:

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:

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;

Income eligibility of households applying for affordable housing is properly and reliably determined;

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;

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

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.

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:

Evidence that the project complies with the cost and eligibility requirements of Subsection 9.13.6.3;

Project plans that demonstrate compliance with the requirements of Subsection 9.13.6.4; and

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.

Cost and eligibility requirements. Affordable housing shall comply with the following requirements:

Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

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.

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.

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.

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.

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:

Specification of the term of the affordable housing restriction, which shall be no less than 30 years;

The name and address of the monitoring agent, with a designation of its power to monitor and enforce the affordable housing restriction;

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.

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;

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;

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;

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;

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent;

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;

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;

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

A requirement that residents in affordable housing provide such information as the monitoring agent may reasonably request in order to ensure affordability.

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.

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.

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.

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:

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.

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.

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:

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.

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.

The above open space incentives may be cumulative.

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

Nonresidential floor area: per Subsection 5 of Section 9.13, above.

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.

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

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.

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).

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:

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;

The availability of public or commercial parking or loading facilities in the vicinity of the use being served;

Shared use of off-street parking or loading spaces serving other uses having peak user demands at different times;

Age or other occupancy restrictions which are likely to result in a lower level of auto usage;

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

Such other factors as may be considered by the PAA.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Plan approval. Plan approval shall be granted where the PAA finds that:

The applicant has submitted the required fees and information as set forth in the PAA regulations; and

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

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.

Plan disapproval. A plan approval application may be disapproved only where the PAA finds that:

The applicant has not submitted the required fees and information as set forth in the PAA regulations; or

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

It is not possible to mitigate adequately significant adverse project impacts on nearby properties by means of suitable conditions.

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.

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.

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.

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.

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.

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.

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.

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.

General design principles applicable to all projects.

Projects should further the purposes of the applicable SGOD;

Buildings and materials should be consistent with or complementary to the character of the specific Subdistrict;

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;

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;

Development should protect environmentally sensitive areas such as wetlands and the Housatonic River; and

Existing natural resources, native vegetation, and the natural topography of the site should be integrated into the site design to the greatest extent practical.

Site design standards applicable to all projects.

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.

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.

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.

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.

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.

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).

Stormwater and groundwater. Projects shall incorporate appropriate provisions to contain, filter, clean and infiltrate stormwater and other runoff from the site.

Building design standards.

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 State Road Mixed Use (B2X).

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:

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:

For new buildings, no off-street parking spaces shall be located within the front yard area.

Only one space shall be required for any dwelling unit, whether in residential-only or in mixed-use buildings.

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.

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:

One parking space shall be required for each dwelling unit;

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

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.

9.15 Campus Overlay District.

[Added 5-3-2025 ATM by Art. 24]

9.15.1.

Purpose. The purposes of the Campus Overlay District are:

To allow for the continuation of existing uses within existing buildings on the college campus located within the boundaries of the district, including the athletic center and the arts center;

To encourage the reuse of the college campus to benefit the general health, welfare and economic vitality of the Town and its residents and the region;

To encourage the preservation, reuse, renovation, and redevelopment of existing structures on the campus;

To increase the supply of a variety of residential dwelling units and residential living options in the Town by reuse of existing buildings or construction of new buildings on the campus;

To create employment opportunities in the Town, both short term and long term;

To allow for a mix of land uses appropriate to the needs of the community, to the scale of the campus and its environs, and to the landscape of the district;

To preserve open space, protect sensitive natural habitats and ecosystems, and protect drinking water resources;

To promote recreational opportunities;

To promote environmentally sustainable development.

9.15.2.

Establishment and location. The Campus Overlay District is an overlay district, and all regulations pertaining to the underlying residential 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 not 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 Campus Overlay District shall consist of the land shown on the 2019 Great Barrington Assessors' Map 31, Lot Numbers 9A, 9D, 9E, 10B, and Map 32, Lot Numbers 41, 42, 43, 44, 78, 78B, 78G, 78H, 79, 80, 81, 81A, 81B, 81C, 83B, and shown on the map entitled "Campus Overlay District, May 2025," on file in the office of the Town Clerk.

9.15.3.

Special permits. Where a special permit is required, the Special Permit Granting Authority (SPGA) for the Campus Overlay District shall be the Planning Board. An applicant may apply for a Campus Overlay District special permit to develop or redevelop all or portions of the property in the Campus Overlay District. One special permit may be sought for multiple uses or structures. In addition to the findings required in Section 10.4, the SPGA must also find that the proposed development and/or redevelopment does not contravene the purposes of this section.

9.15.4.

Use regulations.

Permitted uses. All uses permitted by right in the underlying zoning districts are permitted by right in the Campus Overlay District, except as provided below. The following uses are also permitted by right in the Campus Overlay District:

Dwelling, multi-unit, four to eight units;

The following uses are permitted by right only in structures existing as of May 3, 2025:

(1)

Dwelling, multi-unit, nine units or more;

(2)

Assisted living residence;

(3)

Live/work units;

(4)

Co-living development;

(5)

Community, educational, or recreational uses, including museums, playgrounds, health clubs and gym/fitness centers and performing arts centers;

(6)

Food or beverage facilities including production, sale and/or consumption on site or off site of pre-prepared foods;

(7)

Professional offices including medical offices;

(8)

Retirement communities that provide residents, age 55 or older, with opportunities for independent living, assisted living, nursing care, rehabilitation, and/or memory care.

Prohibited uses. The following uses are prohibited in the Campus Overlay District, whether or not permitted by right or by special permit in the underlying zoning districts:

Cemeteries.

Golf or country clubs.

Marijuana establishment, cultivation, or manufacturing.

Public parking garages.

Lumberyards.

Large-scale commercial development.

Motor vehicle fuel station.

Motor vehicle sales rooms.

Aviation field.

Gravel/loam/sand/stone removal for commercial purposes.

Special permits. The following uses may be permitted by special permit:

Hotels, motels, or overnight cabins, whether in existing or new structures;

Camping facilities;

Restaurants;

Contractor's and landscaper's yards;

Light manufacturing, whether in existing or new structures;

Any of the uses listed in Subsection 1b above, if in new structures or if in existing structures that are substantially expanded. A substantial expansion is defined, for the purpose of this section, as a change which involves: changing the height of a structure more than 10 feet; increasing the size of the footprint of a structure by more than 10% or 2,000 square feet, whichever is smaller.

9.15.5.

Dimensional standards. The SPGA may waive or reduce the requirements of Section 4.1, general dimensional requirements, and Section 4.2, special regulations, of this bylaw if it determines that the requested waivers or reductions further the purposes of this section. In place of these requirements, the following standards shall apply:

Structures to be demolished may be replaced within the existing footprint.

The SPGA may reduce front, side and rear yard setbacks to as low as zero feet and may increase the maximum lot coverage by buildings as part of a special permit.

9.15.6.

General regulations including parking, landscaping, and performance standards. The parking, loading, landscaping and performance standards and regulations set forth in Sections 6.1, 6.3, and 6.4 of this bylaw shall apply to all uses in the Campus Overlay District.