In this bylaw, the following terms and constructions shall apply
unless a contrary meaning is required by the context or is specifically
prescribed in the text of the bylaw. Words used in the present tense
include the future. The singular includes the plural and the plural
includes the singular. The word "shall" is mandatory and "may" is
permissive or discretionary. The word "and" includes "or" unless the
contrary is evident from the text. The word "includes" or "including"
shall not limit a term to specified examples, but is intended to extend
its meaning to all other instances, circumstances, or items of like
character or kind. The word "lot" includes "plot"; the word "used"
or "occupied" shall be considered as though followed by the words
"or intended, arranged, or designed to be used or occupied." The words
"building," "structure," "lot," or "parcel," shall be construed as
being followed by the words "or any portion thereof." The word "person"
includes a firm, association, organization, partnership, company,
or corporation, as well as an individual. Terms and words not defined
herein but defined in the Commonwealth of Massachusetts State Building
Code shall have the meaning given therein unless a contrary intention
is clearly evident in this bylaw.
A subordinate building, the use of which is customarily incidental
to that of a principal building and located on the same lot, or an
abutting lot in common ownership, therewith.
A subordinate dwelling unit on the same lot as a primary
single-unit dwelling or two-unit dwelling use, whether in an accessory
building or within the same building as the primary dwelling, with
provisions for independent cooking, living, sanitation and sleeping.
A movable tiny house (MTH) connected to electricity, water, and sewer
or septic that has its chassis, wheels, and hitch concealed shall
be considered an accessory dwelling unit.
[Amended 5-1-2023 ATM by Art. 30]
A use customarily incidental and subordinate to the principal
use and located on the same lot, or an abutting lot in common ownership,
therewith.
A social day care or adult day health facility as those terms
are defined by the Commonwealth's Department of Elder Affairs.
Agriculture, horticulture, viticulture, floriculture, silviculture
or aquaculture exempted by the provisions of MGL c. 40A. § 3
on a parcel of five acres or more and where the primary use of the
land is agriculture, horticulture or floriculture. For such purposes,
land divided by a public or private way or a waterway shall be construed
as one parcel.
A studio for the work of an artist, sculptor, craftsperson,
artisan or the like with or without incidental sales of such work.
An accessory facility licensed pursuant to MGL c. 19D.
The space between the ceiling beams of the top story and
the roof rafters.
An area or tract of land on which accommodations for temporary
occupancy are located or may be placed, including cabins, tents, and
major recreational vehicles or trailer, which is primarily used for
recreational purposes and retains an open air or natural character.
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade.
A day-care center or school age child-care program, as those
terms are defined in MGL c. 15D, § 1A.
Buildings, structures and premises used by a nonprofit social
or civic organization, or by an organization catering exclusively
to members and their guests for social, civic, recreational, or athletic
purposes which are not conducted primarily for gain and provided there
are no vending stands, merchandising, or commercial activities except
as may be required generally for the membership and purposes of such
organization.
A building or part thereof that contains sleeping units where
residents share bathrooms or kitchen facilities or both.
[Added 5-6-2024 ATM by Art. 19]
Buildings, structures, and premises for indoor and/or outdoor
recreation, including, but not limited to, fairgrounds for fairs,
animal racing, circuses, and other similar exhibitions.
Any lot or structure, available to the public, whether operated
for gain or not, and which is used principally for the short-term
parking of motor vehicles, and which is not used for the repair of
motor vehicles.
Indoor and/or outdoor facilities such as playgrounds, gym,
swimming pool, exercise rooms, recreational areas, meeting rooms,
food service, and similar compatible uses as determined by the SPGA
during the special permit approval process.
Premises used by a building contractor or subcontractor for
storage of equipment and supplies, fabrication of subassemblies, and
parking of wheeled equipment.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Amended 5-1-2023 ATM by Art. 30]
A residential building containing three or more dwelling
units.
[Amended 5-1-2023 ATM by Art. 30]
A building consisting of a series of three or more noncommunicating
dwelling units having a common wall between each two adjacent dwelling
units.
An individual detached residential dwelling unit, other than
a mobile home.
[Amended 5-1-2023 ATM by Art. 30]
A detached residential building containing two dwelling units.
[Amended 5-1-2023 ATM by Art. 30]
The line between a paved and an unpaved surface.
Use of land or structures for educational purposes on land
owned or leased by the commonwealth or any of its agencies, subdivisions
or bodies politic, or by a religious sect or denomination, or by a
nonprofit educational corporation, as set forth by MGL c. 40A, § 3.
Educational facilities not exempted from regulation by MGL
c. 40A, § 3.
Services provided by a public service corporation or by governmental
agencies through erection, construction, alteration, or maintenance
of gas, electrical, steam, or water transmission or distribution systems
and collection, communication, supply, or disposal systems whether
underground or overhead, but not including wireless communications
facilities. Facilities necessary for the provision of essential services
include poles, wires, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment in connection therewith.[1]
Any private residence operating a facility as defined in
MGL c. 15D, § 1A.
A type of restaurant, with or without a drive-up window for
serving customers in motor vehicles, which has as its principal business
the sale of pre-prepared or quickly prepared foods or drinks, often
using disposable containers or wrappers, for consumption either on
or off the premises.
The following definitions shall apply in the FPOD. Reference
is also made to 44 CFR 59.
[Added 6-6-2022 ATM by Art. 22]
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
FLOOD BOUNDARY AND FLOODWAY MAPAn official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps prepared in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM)An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
FLOODWAYThe channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USEA use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTUREAny structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective date of the Town's first floodplain bylaw, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement.
RECREATIONAL VEHICLEA vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
REGULATORY FLOODWAYSee "floodway."
SPECIAL FLOOD HAZARD AREAThe land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.
START OF CONSTRUCTIONThe date of issuance of a building permit for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTUREFor floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.
SUBSTANTIAL REPAIR OF A FOUNDATIONWhen work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (the Massachusetts State Building Code).
VARIANCEA grant of relief by a community from the terms of a floodplain management regulation.
VIOLATIONThe failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided.
The floor area within the perimeter of the building under
consideration, including the thickness of exterior walls, and without
deduction for hallways, stairs, closets, thickness of walls, columns
or other features.
The portion of gross floor area less exterior walls, less
vertical penetrations such as stairwells and elevator shafts, and
less any common areas not leased to tenants.
A room or building devoted to the exhibition of works of
art.
A garage not available to the public, used for storage purposes
only, and in which no business, service or industry connected directly
or indirectly with motor vehicles is conducted.
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for long-term (more than
24 hours) storage or repair of motor vehicles.
A facility that has live nursery products planted outdoors
in the ground, for sale or display, on at least 15% of its developed
site from at least May through September of each year, that provides
nursery and related items for use in and around gardens and that may
also provide Christmas trees and other items related to holidays.
Any establishment or repair shop where the repair and maintenance
of household items, except motor vehicles, occurs, or where crafts,
skills or professional trades are performed, including but not limited
to appliance repair, artisans, bakers, builders, caterers, carpenters,
contractors, electricians, plumbers, upholsterers; and similar uses.
Does not include kennels.
A residence or group home established for the purpose of
serving the living, educational, training or rehabilitational needs
of children or adults, such as those with physical or mental handicaps
or learning disabilities, under the supervision of persons trained
and licensed for such purpose.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space and similar areas are not considered habitable space.
That portion of a building under a sloping roof, the cubic
contents of which are never more than 1/2 of that of the story below.
If the cubic contents are greater, it shall be deemed a story.
The vertical distance measured from the average level of
the highest and lowest points of the finished grade adjoining the
wall of a building facing the street to the highest point of coping
of the top story in the case of a flat roof, to the deck line of a
mansard roof, and to the average height between the eaves and ridge
of a gable, hip or shed roof (see illustration below). When height
is expressed in both stories and feet, the specified number of stories
is allowed up to the maximum specified number of feet.
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Any establishment as set forth in Section 7.9.1 of this bylaw.
Low-impact home occupations including but not limited to:
baking or preserving, dressmaking, home cooking, millinery, tailoring,
or similar domestic crafts, and telephone or mail services.
Professional or customary home occupations as defined in
this bylaw, which do not have more than one nonresident employee,
and which have no impact on the neighborhood character.
Low-impact home occupations including but not limited to:
offices and studios of an accountant, architect, artist, attorney,
author, clergyman, consultant, engineer, financial advisor, musician,
real estate broker, or similar low-impact professions that provide
individual or one-on-one personal services, and teacher of not more
than three pupils on the premises at any time.
Any home occupation which has more than one nonresident employee,
or whose noise, lighting, odor, traffic, or other impacts are minor
and may not alter the neighborhood character, including but not limited
to: physician, surgeon, dentist, resident tradesperson (including,
but not limited to, artisan, carpenter, electrician, plumber, janitor,
sheet metal worker, upholsterer, small engine repair person, landscaper),
family child-care home (including large), yoga and personal wellness
studios, and similar professions. Trades such as the servicing, maintenance,
or restoration of motor vehicles are expressly prohibited in all residential
zones.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, and other physical or mental conditions
and including, as an integral part of the institution, related facilities,
including laboratories, outpatient facilities, training facilities,
medical offices, helipad for emergency use, and staff residences.
A building whose rental rooms are accessed via an interior
common corridor where lodging is provided for paying guests, with
or without public dining facilities, and having 11 or more rental
rooms.
Such activity is incidental when incidental to or required
in connection with any of the following operations: erection of a
building or structure on a lot for which a permit has been properly
issued; construction of a road in an approved subdivision; in connection
with the grading of a premises not below the level of adjoining streets
and in such a way as not to leave exposed boulders.
A facility or premises for the boarding, breeding, day care,
or other purpose of keeping more than three dogs three months old
or over, but not including private residences or that portion of a
veterinary clinic that may board dogs for limited periods in connection
with veterinary services.
See "contractor's yard."
Retail stores or centers and/or wholesale sales and service
with total aggregate gross floor area greater than 20,000 square feet
and less than 50,000 square feet, including all floors and buildings
on the property, but not including area in an attic or cellar used
for storage or utilities.
Research or testing laboratory, printing-plant, manufacturing
establishment, or other assembly, packaging, finishing or processing
use, including food processing and packaging, provided that all operations
shall confine disturbing smoke, fumes, dust, odors, vibrations and
noise to the premises.
Space used by artists, craftspeople or persons engaged in
creative services for the following two purposes: making items and/or
performing services and residing on the premises. Such residency shall
be limited to one household per unit.
[Amended 5-1-2023 ATM by Art. 30]
Accommodation off the street for loading and unloading of
trucks, in the form of one or more truck berths located either within
a building or in open space on the same lot.
That area of land in one ownership occupied or intended to
be occupied by one principal building or use, or by a group of principal
buildings together with accessory buildings, including such yards
or open spaces as are arranged or designed to be used in connection
with such buildings; provided, however, that no part of the lot that
provides access to a proposed building site or to an existing building
shall be less than 40 feet in width.
The portion of the lot area, expressed as a percent, that
is covered by buildings and structures. Structures below the finished
grade shall not be included in calculating the lot coverage.
The distance along the street line measured between the side
lot lines, provided that at no place shall the depth of lot frontage
be less than the required front yard of the zoning district in order
to qualify for lot frontage under this bylaw.
The boundary between lots or between a lot and a street.
The distance along the building setback line measured parallel
to or concentric with the street line.
Any lot that occupies the interior angle at the intersection
of two street lines which make an angle of less than 135° with
each other, the owner of a corner lot having the privilege of specifying
which street lot line shall be deemed the front line and being required,
when requesting a building permit, so to specify.
A marijuana cultivator, independent testing laboratory, marijuana
transporter, marijuana product manufacturer, marijuana retailer or
any other type of licensed marijuana-related business registered,
approved, and regulated in accordance with the regulations of the
Massachusetts Cannabis Control Commission and/or pursuant to all other
applicable state and local laws and regulations.
A premises approved under a medical use marijuana license
by the Cannabis Control Commission or as otherwise authorized by state
law, also known as a registered marijuana dispensary (RMD).
A combination of uses in a building or on a lot where one
of the uses is residential.
A detached dwelling unit with substantially all of the following
characteristics:
[Amended 5-1-2023 ATM by Art. 30]
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Mobile homes must meet American Standard Association Code Provision
A-119-1.
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Mobile homes must contain at least 500 square feet of living
area.
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All occupied mobile homes must be installed in conformance with
the Massachusetts Building Code and any special requirements as prescribed
in an issued special permit.
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Designed for long-term occupancy by a single household and containing
sleeping accommodations, flush toilet, a tub or shower, bath and kitchen
facilities, with plumbing and electrical connections provided for
attachment to outside systems.
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Designed to be transported after fabrication on its own wheels
or on flat bed or other trailers or detachable wheels.
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Arriving at the site where it is to be occupied as a dwelling
complete, including major appliances and furniture, and ready for
occupancy except for minor and incidental unpacking and assembly operations,
location on foundation supports, connections to utilities and the
like.
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A building or buildings intended and designed for transient,
overnight or extended occupancy, divided into separate units within
the same building, whose rental rooms are accessed by their own exterior
doors, having 11 or more rental rooms, and with or without a public
dining facility. If such motel has independent cooking facilities,
such unit shall not be occupied by any guest for more than four continuous
months, nor may the guest reoccupy any unit within 30 days of a continuous
four-month stay, nor may the guest stay more than six months in any
calendar year. No occupant of such motel may claim residency at such
location.
Premises for the supplying of fuel, oil, lubrication, washing,
or minor repair services, including sales of packaged and prepared
foods, but not to include body work, painting, or major repairs.
A building, or part thereof, for vehicle repair, service,
and detailing. Vehicles include within its meaning the following:
cars, trucks, vans, recreational vehicles, and mobile construction
equipment. Repair, service, and detailing includes within its meaning
the following: structural body repairs, refinishing, and/or painting
of motor vehicles; minor repairs, such as lubricating, tune-ups, adjusting,
repairing brakes, tire service and general automotive service, and;
major repairs, such as major overhaul of engines or transmissions.
The sale or lease of motor vehicles, including boats and
trailers, whether new or used.
A structure intended for the separate, independent living
quarters of one household for year-round residence that meets all
of the following: (a) is licensed and registered with the Massachusetts
Registry of Motor Vehicles; (b) meets the American National Standards
Institute (ANSI) 119.5 requirements, and certified by a qualified
third party inspector for ANSI compliance; (c) cannot move under its
own power; (d) has not less than 150 and no more than 400 square feet
of habitable living space, excluding lofts; (e) is designed and built
using conventional residential building materials for windows, roofing
and exterior siding.
Facilities owned or operated by the Town of Great Barrington.
Any existing structure or building which does not conform
to the height, density or yard regulations for the district in which
such use is located.
A building or part thereof, for the transaction of business
or the provision of services exclusive of the receipt, sale, storage,
or processing of merchandise.
The following definitions shall apply with regard to open
space residential development:
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CONDOMINIUM — A form of property ownership
providing for individual ownership of space in a structure together
with an individual interest in the land on which the structure is
located or other parts of the structure in common with other owners.
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CONVENTIONAL SUBDIVISION DEVELOPMENT — A subdivision
or other development of land prepared in compliance with the requirements
of the underlying zoning district in which it is located.
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COOPERATIVE — A multifamily development owned
and maintained by the residents under an arrangement where the entire
structure and real property are under common ownership as contrasted
to a condominium dwelling where individual units are under separate
individual ownership.
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HOMEOWNERS' ASSOCIATION — A corporation, trust
or association owned jointly by the owners of the lots or dwelling
units in a development in which ownership passes with conveyance of
the lots or dwelling units.
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OPEN SPACE RESIDENTIAL DEVELOPMENT — A subdivision
or other development authorized by special permit in accordance with
the requirements of this bylaw in which some or all of the lots may
not conform to the lot area, frontage, setback, or yard requirements
of this bylaw and in which a minimum of 50% of the developable area
of the property is to be permanently protected open space.
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PROTECTED OPEN SPACE — Undeveloped land with
restrictions or easements placed on it for permanent protection.
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Accommodation for the parking of a motor vehicle on a lot
provided for restricted use in connection with a particular business
or private enterprise or as an adjunct to a housing development or
private residence, whether operated for gain or not or whether cooperatively
established and operated or not. Such parking spaces may consist of
parking lots, private garages or other structures and accessories
at or below grade.
Transportation facility for passengers by rail, bus, or other
common carrier, parking and other accessory facilities typically found
in a passenger terminal, including food service.
Any establishment primarily engaged in providing services
involving the care of, repair, maintenance, or customizing of personal
properties that may be worn or carried about the person or are a physical
part of the person, including but not limited to barbers, body artists,
clothes cleaners, decorators, florists, garment makers, hair dressers,
manicurists, massage therapist, photographers, printers, shoe repairers,
yoga and personal wellness studios, undertakers; and similar uses.
Does not include medical and dental offices, veterinarians, or kennels.
An active solar energy system that converts solar energy
directly into electricity.
Any multi-unit development consisting of 10 or more dwelling
units on a single lot or on separate lots within the same development,
whether for rental or for sale, either as condominiums or under cooperative
ownership.
[Amended 5-1-2023 ATM by Art. 30]
Any lot, area or tract of land, whether used in connection
with a building or not.
Building housing members of a recognized profession such
as doctors, lawyers, dentists, architects, civil engineers, optical
services, podiatrists, chiropractors and medical clinic, subject to
special requirements in residential districts and that do not include
retail sales as a principal use.
The land area required to accommodate and support the installation
and operation of a solar energy system; typically, the land which
is enclosed within the line of a perimeter fence that encloses the
solar energy system and its accessory components or, if there is no
fence, the area of the ground covered by the installation.
The line between two abutting properties.
A lot with an area 1.5 times the minimum area required for the zoning district in which it lies, and with at least 40 feet of frontage, as further defined in Section 4.3.
See "medical marijuana treatment center."
A building, or portion thereof, containing tables and/or
booths which is designed, intended and used for the indoor sales and
consumption of food prepared on the premises, except that food may
be consumed outdoors in landscaped terraces, designed for dining purposes,
which are adjuncts to the main indoor restaurant facility. The term
"restaurant" shall not include any "fast food eating establishment."
A facility selling goods but not specifically listed in the
Section 3.1.4, the Table of Use Regulations.
Any manufacturing or fabrication shall be considered a light
manufacturing operation incidental to retail or service use and involves
products customarily sold on the premises by the producer to the customer.
See "high impact retail."
The dumping, compacting and coverage (with suitable soil)
of solid waste, all in accordance with procedures to be determined
with sanitary engineering advice and acceptable to the Board of Health
and Selectboard.
Any saw (log) mill shall be located at least 200 feet from
any lot line; and no piles of sawdust or other refuse shall be maintained
within 100 feet of any lot line.
As regulated by Town Code Chapter 146, any device visible from a public place whose design is to convey commercial or noncommercial messages by means of graphic presentation of alphanumeric or pictorial symbols or representations. Noncommercial flags or any governmental flags displayed from flagpoles or staffs will not be considered to be signs.
A device, structure or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A device or structural design feature for the collection,
storage and distribution of solar energy for space heating or cooling,
electricity generation, or water heating.
A solar energy system whose function is to provide electric
power to meet the needs of the primary use.
A solar energy system in excess of 750 square feet that is
not an accessory use system.
A solar energy system that is structurally mounted to the
ground and is not roof-mounted.
A solar energy system that is structurally mounted to the
roof of a building.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the space between such floor and the ceiling
next above it, provided that a cellar, a stairway or elevator penthouse
or a roof structure housing machinery incidental to the operation
of the building shall not be considered a story.
A public way or a private way, either shown on a plan approved
in accordance with the Subdivision Control Law or otherwise qualifying
a lot for frontage under the Subdivision Control Law.
The right-of-way line of a street as established under public
authority or as shown on a plan approved by the Planning Board, or,
if neither of the above apply, a line parallel to the center line
of the street measured back a distance equal to 1/2 of the normally
required right-of-way.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, tent, reviewing stand, platform, bin, fence, sign, flagpole,
recreational tramway, mast for radio antenna or the like.
A dwelling unit where the exclusive right of use, possession
or occupancy circulates among various owners or lessees thereof in
accordance with a fixed or floating time schedule on a periodically
recurring basis, whether such use, possession or occupancy is subject
to either a time-share estate, in which the ownership or leasehold
estate in property is devoted to a time-share fee (tenants in common,
time-span ownership and interval ownership) and a time-share lease
or time-share use, including any contractual right of exclusive occupancy
that does not fall within the definition of time-share estate, including
but not limited to a vacation license, prepaid hotel reservation,
club membership, limited partnership or vacation bond.
Any establishment renting more than three and less than 11
rooms on a nightly basis, whether seasonally or year-round, regardless
of whether meals are served and regardless of any other designation,
such as inn, country inn, bed-and-breakfast inn, guest house or the
like.
The purpose for which a structure or lot is arranged, designed
or intended to be used, occupied or maintained.
The following definitions shall apply in the WQPOD:
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AQUIFER — Geologic formation composed of rock,
sand or gravel that contains significant amounts of potentially recoverable
water.
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CLASS A SURFACE WATER SUPPLY — Surface water
bodies used for drinking water supply such as Long Pond and East Mountain
Reservoir.
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DEP — Massachusetts Department of Environmental
Protection.
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HAZARDOUS MATERIAL — Any substance or mixture
of physical, chemical, or infectious characteristics posing a significant,
actual, or potential hazard to water supplies or other hazards to
human health if such substance or mixture was discharged to land or
water in the Town of Great Barrington. Hazardous materials include,
without limitation, synthetic organic chemicals; petroleum products;
heavy metals; radioactive or infectious wastes; acids and alkalis;
solvents and thinners in quantities greater than normal household
use; and all substances defined as hazardous or toxic under Massachusetts
General Laws, Chapters 21C and 21E and 310 CMR 30.00.
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IMPERVIOUS SURFACE — Material or structure
on, above, or below the ground that does not allow precipitation or
surface water to penetrate directly into the soil.
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LANDFILL — A facility established in accordance
with a valid site assignment for the purposes of disposing solid waste
into or on the land, pursuant to 310 CMR 19.006.
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NONSANITARY WASTEWATER — Wastewater discharges
from industrial and commercial facilities containing wastes from any
activity other than collection of sanitary sewage, including, but
not limited to, activities specified in the Standard Industrial Classification
(SIC) Codes set forth in 310 CMR 15.004(6).
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OPEN DUMP — A facility which is operated or
maintained in violation of the Resource Conservation and Recovery
Act [42 U.S.C. § 4004(a)(b)], or the regulations and criteria
for solid waste disposal.
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POTENTIAL DRINKING WATER SOURCES — Areas which
could provide significant potable water in the future.
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RECHARGE AREAS — Areas that collect precipitation
or surface water and carry it to aquifers. Recharge areas include
areas designated by DEP as Zone I, Zone II, or Zone III, as defined
below.
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SEPTAGE — The liquid, solid, and semisolid
contents of privies, chemical toilets, cesspools, holding tanks, or
other sewage waste receptacles. Septage does not include any material
which is a hazardous waste, pursuant to 310 CMR 30.000.
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SLUDGE — The solid, semisolid, and liquid
residue that results from a process of wastewater treatment or drinking
water treatment. Sludge does not include grit, screenings, or grease
and oil which are removed at the headworks of a treatment facility.
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SURFACE WATER SOURCE PROTECTION ZONE A (INNER ZONE)
— The land area:
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•
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Between the surface water source and the upper boundary of the
bank;
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•
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Within a 400-foot lateral distance from the upper boundary of
the bank of a Class A surface water source as defined in 314 CMR 4.05
(3) (a); and
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•
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Within a 200-foot lateral distance from the upper boundary of
the bank of a tributary or associated surface water body.
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SURFACE WATER SOURCE PROTECTION ZONE B (OUTER ZONE)
— The land area within 1/2 mile of the upper boundary of the
bank of a Class A surface water source, as defined in 314 CMR 4.05
(3) (a), or the edge of the watershed, whichever is less. Zone B includes,
by definition, the land area in Zone A.
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SURFACE WATER SOURCE PROTECTION ZONE C — The
land area not designated as Zone A or B within the watershed of a
Class A surface water source as defined in 314 CMR 4.05(3)(a).
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TREATMENT WORKS — Any and all devices, processes
and properties, real or personal, used in the collection, pumping,
transmission, storage, treatment, disposal, recycling, reclamation,
or reuse of waterborne pollutants, but not including any works receiving
a hazardous waste from off the site of the works for the purpose of
treatment, storage, or disposal.
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TRIBUTARY — For Surface Water Protection Zones
A and B: Any body of running, or intermittently running, water which
moves in a definite channel, naturally or artificially created, in
the ground due to a hydraulic gradient, and which ultimately flows
into a Class A surface water source, as defined in 314 CMR 4.05(3)(a).
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•
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For the Wellhead Protection Zones I and II and the Stream and
Lakes Protection Zone: A perennial stream as defined under the Massachusetts
Wetlands Protection Act Regulations. (310 CMR 10.00).
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VERY SMALL QUANTITY GENERATOR — Any public
or private entity, other than residential, which produces less than
27 gallons (100 kilograms) a month of hazardous waste or waste oil,
but not including any acutely hazardous waste as defined in 310 CMR
30.136.
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WASTE OIL RETENTION FACILITY — A waste oil
collection facility for automobile service stations, retail outlets,
and marinas which is sheltered and has adequate protection to contain
a spill, seepage, or discharge of petroleum waste products in accordance
with MGL c. 21, § 52A.
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WATER QUALITY PROTECTION OVERLAY DISTRICT —
The zoning district established pursuant to this bylaw and defined
to overlay other zoning districts in the Town of Great Barrington.
The Water Quality Protection District includes, for the purposes of
this section, Surface Water Source Protection Area Zone B, and Wellhead
Protection Area Zone II. Each of these protection zones shall be considered
equivalent in terms of their permitted uses and prohibitions unless
specifically noted otherwise. Surface Water Source Protection Area
Zone A is included (with more restrictions) in Zone B, as is Wellhead
Protection Zone I in Zone II.
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WELLHEAD PROTECTION ZONE — The area controlled
by DEP Wellhead Protection Regulation, 310 CMR 22.21(2). See Zone
I, II, and III below.
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ZONE I (INNER ZONE) — The 100- to 400-foot
protective radius around a public water system well or wellfield which
must be owned by the water supplier or controlled through a conservation
restriction.
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ZONE II (OUTER ZONE) — The area of an aquifer
which contributes water to a well under the most severe pumping and
recharge conditions that can be realistically anticipated (180 days
of pumping at safe yield with no recharge from precipitation), as
defined in 310 CMR 22.00.
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ZONE III — The land area beyond the area of
Zone II from which surface water and groundwater drain into Zone II,
as defined in 310 CMR 22.00.
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The following definitions shall apply in the WTOD:
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ACT — The Telecommunications Act of 1996.
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ANTENNA — A device which is attached to a
tower, or other structure for transmitting and receiving electromagnetic
waves.
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AVAILABLE SPACE — The space on a tower or
structure to which antennas of a personal wireless service provider
are both structurally able and electromagnetically able to be attached.
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BASE STATION — The primary sending and receiving
site in a wireless telecommunications network. More than one base
station and/or more than one variety of personal wireless service
provider can be located on a single tower or structure.
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CHANNEL — The segment of the radiation spectrum
from an antenna, which carries one signal. An antenna may radiate
on many channels simultaneously.
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COMMUNICATION EQUIPMENT SHELTER — A structure
located at a base station designed principally to enclose equipment
used in connection with personal wireless service transmissions.
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DBM — Unit of measure of the power level of
an electromagnetic signal expressed in decibels referenced to 1 milliwatt.
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ELECTROMAGNETICALLY ABLE — The determination
that the new signal from and to the proposed new antennas will not
significantly interfere with the existing signals from and to other
facilities located on the same tower or structure as determined by
a qualified professional telecommunications engineer. The use of available
technologies to alleviate such interference shall be considered when
making this determination.
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EMF — Electromagnetic frequency radiation.
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EVALUATION — Either the measurement, by the
use of instruments in the field, of the radiation from a site as a
whole, or from individual personal wireless service facilities, towers,
antennas or repeaters; or the calculation of radio frequency radiation
levels from such locations utilizing the FCC's OET Bulletin 65, the
National Council on Radiation Protection and Measurements Reports
86 and 119, or other applicable standards approved by the FCC and
used in accordance with FCC requirements and instructions.
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EVALUATION PROTOCOL — The levels of radio
frequency radiation emissions shall be assessed by calculations utilizing
the FCC's OET Bulletin 65 or any other current applicable guidelines.
The SPGA may, as the technology changes, require, by written regulation,
the use of other evaluation protocols. A copy of the evaluation protocol
shall be on file with the Town Clerk.
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FACILITY SITE — A property, or any part thereof,
which is owned or leased by one or more personal wireless service
providers and upon which one or more personal wireless service facility(s),
including any personal wireless tower or structure on which the personal
wireless service facility may be mounted, and required landscaping
are located.
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FCC — Federal Communication Commission. The
government agency responsible for regulating telecommunications in
the United States.
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MONOPOLE — A single self-supporting vertical
pole with no guy wire anchors, usually consisting of a galvanized
or other unpainted metal pole with below grade foundations.
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OET BULLETIN 65 — The FCC's Office of Engineering
and Technology bulletin, published in August 1997, and entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields", and any associated appendices or supplements,
including Supplement C (dated January 2001) entitled "Additional Information
for Evaluating Compliance of Mobile and Portable Devices with FCC
Limits for Human Exposure to Radiofrequency Emissions." These provide
a protocol for calculating or predicting the strength of electromagnetic
fields near personal wireless service facilities and towers. Bulletin
65 may be found on the FCC website at <http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet65/oet65.pdf>.
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PERSONAL WIRELESS SERVICE FACILITY — All equipment
(including any repeaters) with which a personal wireless service provider
broadcasts and receives the radio frequency waves which carry their
services and all locations of said equipment or any part thereof.
This facility may be sited on one or more personal wireless towers
or structure(s) owned and permitted by another owner or entity.
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PERSONAL WIRELESS SERVICE PROVIDER — An entity
licensed by the FCC to provide personal wireless services to individuals
or institutions.
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PERSONAL WIRELESS SERVICES — Commercial mobile
services, unlicensed wireless services, and common carrier wireless
exchange services. These services include: cellular services, personal
communication services (PCS), specialized mobile radio services and
paging services.
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PERSONAL WIRELESS TOWER OR STRUCTURE — A tower
or existing structure upon which one or more personal wireless service
facilities may be installed.
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RADIATION PROPAGATION STUDIES OR RADIAL PLOTS —
Computer-generated estimates of the radiation emanating from antennas
or repeaters sited on a specific tower or structure. The height above
ground, power input and output, frequency output, type of antenna,
antenna gain, topography of the site and its surroundings are all
taken into account to create these simulations. They are the primary
tool for determining whether a site will provide adequate coverage
for personal wireless services facility proposed for that site.
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REPEATER — A small receiver/relay transmitter
of not more than 20 watts output designed to provide service to areas
which are not able to receive adequate coverage directly from a base
station.
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STRUCTURALLY ABLE — The determination that
a tower or structure is capable of carrying the load imposed by the
proposed new antennas under all reasonably predictable conditions
as determined by professional structural engineering analysis.
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TELEPORT — A facility utilizing satellite
dishes of greater than 2.0 meters in diameter designed to uplink to
communications satellites for transmitting in the C-Band (four to
six GHz) spectrum.
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TOWER — A lattice structure or framework,
or monopole, in excess of 15 feet tall, which is designed to support
personal wireless service transmission, receiving and/or relaying
antennas and/or equipment.
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An unoccupied space open to the sky on the same lot with
a building or structure.
A yard extending across the full width of the lot and lying
between the street line of the lot and the nearest line of the building.
The depth of a front yard shall be the minimum distance between the
building and the front lot line.
A yard extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest line of the building.
The depth of a rear yard shall be the minimum distance between the
building and the rear lot line.
A yard between the side lot line of the lot and the nearest
line of the building and extending from the front yard to the rear
yard or, in the absence of either of such yards, to the front or rear
lot lines, as may be. The width of a side yard shall be the minimum
distance between the building and the side lot line.
Chapter 40A of the Massachusetts General Laws.
[1]
Editor's Note: The former definition of "family," which immediately
followed this definition, was repealed 5-1-2023 ATM by Art. 30.
