7.1.1.
Commercial reception. Commercial satellite television antennas
used in the reception and transmission of radio and/or television
signals for profit shall be subject to the special permit provisions
of Section 10.4. Any addition, extension or alteration to any commercial
satellite television antennas existing at the time of enactment of
this section shall be subject to the provisions of Section 5.0.
7.2.1.
General. Any aviation field, public or private, with essential
accessories, shall comply with the following special requirements:
1.
It shall be so located that it is not likely to become objectionable
to adjoining and nearby property because of noise, traffic or other
objectionable condition.
2.
In accordance with Chapter 90 of the Massachusetts General Laws,
as amended by Section 35B, no person shall erect or add to the height
of any structure within a rectangular area lying 1,500 feet on either
side of the extended centerline of a runway or landing strip of an
airport approved by the Commission for a distance of two miles from
the end of such runway or landing strip so that the height thereof
will be more than 150 feet above the level of such runway or landing
strip, nor within that portion of such area which is within a distance
of 3,000 feet from the end of such runway or landing strip, so that
the height thereof will be greater than a height above the level of
such runway or landing strip determined by the ratio of one foot vertically
to every 20 feet horizontally measured from the end of such runway
or landing strip, unless a permit therefore has been granted by the
Commission (Massachusetts Aeronautics Commission).
7.2.2.
Exemption. The provisions of this subsection shall not apply
to structures which will be 30 feet or less in height above ground.
7.3.1.
Retail. In a B2A District, retail stores other than as described
in the Table of Use Regulations, shall not exceed 3,000 square feet
in total floor area unless for at least one year prior to the filing
of the request for special permit the structure was devoted to a use
allowed in the zoning district by right or by special permit.
7.3.2.
Restaurants. In a B2A District, restaurants shall not have a
legal seating capacity exceeding 175 and shall not be fast-food eating
establishments as in Section 11.0.
7.4.1.
Purpose. The purpose of the following special requirements is
to provide regulations for areas developed for rental of sites for
tents, campers or travel trailers for the use of vacationers and travelers,
including sanitary, cooking, recreational and parking facilities for
patrons.
7.4.2.
General. The following conditions shall apply:
1.
No building or structure shall be located within 100 feet of any
property line.
2.
No driveway providing access from the street for such use shall be
located within 50 feet of any side lot line.
3.
Camping sites, parking spaces for campers or trailers and unenclosed
recreational facilities shall be located not less than 100 feet from
any property line and shall be screened in such a manner as to be
not visible from adjacent lots in residential or institutional use.
4.
Where outdoor lighting is provided for activities after normal daylight
hours, such lights shall be extinguished not later than 11:00 p.m.
Lighting shall be so shielded as to cast no direct light upon adjacent
property or public ways.
5.
No public address system shall be permitted, except where such system
is inaudible at any property line.
6.
Within the development, vehicular and pedestrian circulation facilities
shall be provided for safe and convenient use in accordance with accepted
site planning standards.
7.
The operator shall provide a minimum area of 2,400 square feet with
a minimum width of 25 feet for each camp site, exclusive of any parking
space.
8.
Any such development having more than 25 camp sites shall have at
least two access roadways from a public way.
9.
Camping areas shall comply with the Commonwealth of Massachusetts
Department of Health regulations and any other laws and regulations
pertaining to the establishment and maintenance of such use. No special
permit shall be issued by the special permit granting authority unless
and until the Board of Health of Great Barrington has approved water
supply and waste and refuse disposal methods and other aspects of
the development that come under its jurisdiction.
7.5.1.
General. Removal of earth materials for commercial purposes,
including gravel, loam, sand or stone, may be permitted by special
permit from the special permit granting authority (SPGA), subject
to the following special requirements:
1.
No excavation, processing, loading or other operations, structures
or facilities shall be closer than 50 feet of any property line.
2.
No permit shall be issued under this subsection until a plan for
rehabilitation of the land, showing existing and proposed final contours,
and time schedule for completing the operation and restoring the land
for its ultimate reuse has been approved by the SPGA.
3.
A bond with surety satisfactory to the SPGA shall be furnished to
the Town and approved as to form by the Town Counsel in the amount
sufficient in the opinion of the SPGA to secure performance of the
restoration of the land in accordance with the approved plan and for
preserving the sightliness of the area and for meeting the requirements
of public safety.
4.
The SPGA may impose conditions and restrictions with regard to length
of time the permit will remain in force; the hours of the day during
which activities related to the removal of earth materials may be
conducted; the method of excavating earth materials; the routes of
transporting excavated earth materials from the premises; the control
of underground and surface drainage; the disposal of rocks, trees,
stumps and other debris; the provision for landscaping, screening
fencing or other barriers against nuisances and hazards to the public
safety and welfare; and in order to protect the area from becoming
an eyesore.
7.6.1.
General. Private schools, other educational uses, and group
residences shall be subject to the following special requirements.
7.6.2.
Required information. The applicant shall submit an informational
statement, as part of the special permit application, including the
following:
1.
Probable effect on attendance at public schools.
2.
Increase in vehicular traffic.
3.
Changes in numbers of legal residents.
4.
Increase in municipal service and usage costs.
5.
Effect on public utilities.
6.
Requirements for fire and police protection.
7.
Changes in tax revenue.
8.
List of all required licenses and permits.
7.6.3.
Occupancy permit. No occupancy permit shall be granted until
proof is received by the Inspector of Buildings that all applicable
permits have been received.
7.6.4.
Special permit; group home. The Selectboard may issue a special
permit pursuant to Section 10.4 for a group home.
1.
A group home or group residence must meet the dimensional requirements
for residences as set forth in the Table of Dimensional Requirements,
except that side yards must be at least 50 feet wide and back yards
must be at least 60 feet deep. No reduction of lot area requirements
may be made for Town sewer and/or water.
2.
A group home or residence may not exceed five residents except as
specifically authorized by the special permit.
7.7.1.
General. Fast-food eating establishments shall comply with the
requirements and procedures listed below:
1.
The application for a special permit shall comply with all applicable
provisions of Section 10.4 and with Section 7.9 governing high-impact
commercial uses.
2.
Fast-food eating establishments with drive-in facilities shall be
no closer than 1,500 feet apart as measured by a straight line connecting
the closest points of the boundary lines of the respective properties.
3.
As a condition of approval of a new or amended special permit, any preexisting, nonconforming signs shall be removed and all new signs shall conform to the Chapter 146 of the Town Code. No special permit signs shall be permitted.
4.
The drive-up window lane shall be designed to provide for safe access
and egress with an escape lane which shall be at least 10 feet wide
and which shall be of a sufficient length so that the maximum number
of vehicles on the site awaiting service during the peak hour of the
establishment can be accommodated on the site without backing up onto
any public street or blocking any required parking or loading area.
7.8.1.
General. The following standards shall apply:
1.
No motor vehicle fuel station or any of their appurtenances or accessory
uses shall hereafter be erected or placed within 50 feet, measured
on the street line, of any residence district.
2.
No motor vehicle fuel station shall have an entrance or exit connected
with a street at a point closer than 50 feet from a residence district,
measured along the same or opposite side of the street, or closer
than 300 feet, measured along the same or opposite side of the street,
to a property owned or leased by a public or private school, public
library, church, institution for the aged, the sick or dependent,
or for children under 16 years of age, or a playground. The foregoing
requirements shall not apply in the I (Light Industry) District.
3.
Every motor vehicle fuel station hereafter established shall have
its gasoline pumps and other accessory service facilities set back
from any street line at least 15 feet for a station with islands parallel
to the street line and 20 feet for a station with islands diagonal
to the street line, and no filling shall be done except with cars
standing on the property of the filling station. Any principal building
in connection with a motor vehicle fuel station shall be set back
at least 35 feet from any street line.
4.
No motor vehicle fuel station shall hereafter be erected on a lot
with an area of less than 10,000 square feet.
7.9.1.
General. The following special requirements apply to the following
uses set forth in the Table of Use Regulations:
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•
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C(2) Fast food eating establishments with drive-in facilities.
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•
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C(11) Large-scale commercial developments.
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•
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C(14) Motor vehicle fuel stations.
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7.9.2.
Submittals. In addition to the plans and information required
by Section 10.4, the applicant shall submit a comprehensive environmental
impact study for evaluation and acceptance by the SPGA. Such environmental
impact study shall include as a minimum the subjects listed below:
1.
Traffic study including on-site and off-site traffic impacts and
mitigation commitments; parking and travel demand management measures;
2.
Provisions for pedestrians and bicycles;
3.
Storm drainage analysis and mitigation measures including pre- and
post-development peak flows and runoff volumes for the two-, ten-
and 100-year design storms; evaluation of water quality impacts;
4.
Impacts on wetlands and floodplains, if applicable;
5.
Methods for controlling erosion and sedimentation both during construction
and permanent;
6.
Water supply and sewage disposal methods and impacts;
7.
Noise impacts and proposed control measures;
8.
Site lighting impacts and control measures;
9.
Historical and/or archaeological impacts on site or nearby, if applicable;
10.
Solid waste handling and disposal, including construction or
demolition debris;
11.
Mitigation of potential adverse impacts on any adjacent property
in residential, institutional or recreational use; and
12.
Conformance with the Great Barrington Community Master Plan.
7.9.3.
Special requirements for location and accessways.
1.
The proposed use shall be located with relation to major thoroughfares
and uses in the neighborhood in a manner that does not create traffic
hazards or does not affect adversely other uses in the neighborhood.
2.
The proposed use shall not draw excessive traffic to and through
local streets in nearby residential areas.
3.
The locations of any driveways that provide access and egress for
the proposed use shall not be less than 100 feet from the adjacent
lot line of a residence district, residential or institutional use,
parkland or playground.
4.
Within the property's boundaries, vehicular, pedestrian and bicycle
circulation facilities shall be provided for safe and convenient use
in accordance with good engineering and site planning standards.
5.
No more than two driveways accessing the public way shall be permitted
for any property. The use of common or shared internal driveways between
adjacent commercial properties is encouraged and may be required by
the SPGA as a condition of the special permit in appropriate circumstances.
6.
Access driveways shall be no wider than 30 feet unless greater width
is determined by the SPGA to be necessary, and shall intersect the
public way at an angle as close to perpendicular as possible, but
on no case, at an angle less than 60°.
7.
Access driveways shall be designed and constructed to meet or exceed
the current standards for a subdivision way in the Town of Great Barrington,
as set forth in the Rules and Regulations of the Planning Board.
7.9.4.
Parking areas.
1.
Parking areas shall be designed and landscaped to minimize the adverse
visual impact of such areas.
2.
All required parking areas shall be paved with hard, all-weather
surface, unless the SPGA determines that a certain percentage of the
required parking may be preserved as landscaped area for possible
future use if the parking demands so warrants, or as grassed area
available for overflow parking.
3.
Paved parking areas shall have adequate measures to control surface
drainage on-site without adversely affecting adjacent properties or
overloading downstream drainage facilities.
4.
No parking area shall be located nearer to the street line than the
required front setback distance. The SPGA may reduce this parking
setback for a preexisting use upon a determination that the specific
circumstances warrant a lesser setback and that adequate screening
and landscaping will be provided.
5.
No more than 20% of the parking on the property shall be located
between the street line and the closest facade of the building on
the site, unless the SPGA determines that this parking arrangement
is not feasible.
6.
Wheel stops or curbs shall be installed to prevent any vehicle using
the parking area from encroaching on a public right-of-way, adjacent
property, or reducing the usable width of a sidewalk to less than
four feet.
7.
With the exception of walkways and access driveways of the minimum
practical width, the required setback area between the street line
and any parking area shall be suitably landscaped with a mixture of
trees, shrubs and ground cover. Where the parking area exceeds 50
parking spaces, landscaping shall also be included within the interior
of the parking area. The applicant shall submit a plan for adequate
maintenance and upkeep of the landscaping.
8.
The parking area shall include areas designated for storage of snow.
7.9.5.
Lighting of parking areas.
1.
An adequate level of lighting shall be provided in parking areas
of properties which will be used during the nighttime.
2.
For walkways and assembly areas, low-intensity pedestrian-scale lighting
and decorative fixtures are encouraged and do not require shielding
of the light source, provided that they do not cause glare or wash
onto adjacent residential properties in excess of one footcandle of
illumination.
3.
All lighting of parking areas and driveways shall be from pole-mounted
fixtures, unless the SPGA determines that a wall-mounted spotlight
or floodlight is necessary and appropriate. All pole lighting shall
be downward directed and fully shielded so that the light fixture
does not cause glare or shine directly onto an adjacent public way.
The light source shall not be visible at any angle above a horizontal
plane.
4.
The bottom of the light source on a pole light shall be no higher
than 17 feet above finish grade within the front setback from the
street line, and no more than 25 feet above the finish grade elsewhere.
5.
The lighting levels within the parking area shall be designed to
the lowest level of illumination required for safety. This generally
is achieved by maintained illuminance of 0.6 footcandles minimum and
2.4 footcandles average. Maximum illumination at any point shall not
exceed 10 footcandles.
6.
Light fixtures shall be located and/or shielded so that illumination
onto any adjacent property is no greater than 1.0 footcandles.
7.
Applicant shall submit a computer-generated photometric plan at the
same scale as the site plan, showing the locations of all fixtures,
wattage and type of luminaire, and the computed footcandle readings
at a grid no greater than 25 feet, for the entire site and on all
adjacent properties to the zero footcandle illumination boundary.
The plan shall include a table indicating the maintained horizontal
illuminance (after depreciation) with computed footcandle values for
the maximum, minimum, average maximum to minimum ratio and average
to minimum ratio.
8.
After the close of business, the parking area lights shall be shut
off or reduced to a low level if needed for security. The applicant
shall submit the proposed lighting hours for review by the SPGA.
7.10.1.
General. Hotels and motels may be allowed by special permit
in those districts shown in Section 3.1.4, Table of Use Regulations.
7.10.2.
Room limits.
1.
No hotel or motel shall contain more than 45 rental rooms.
2.
The special permit granting authority may authorize a deviation from
the room limits above when hotels and motels are proposed as a component
of a project that redevelops or reuses historic structures. Said structures
are those listed on the State or National Register of Historic Places,
a designated property in a Local Historic District, or determined
in writing by the Great Barrington Historical Commission as historically,
culturally, or architecturally significant to the Town.
7.11.1.
Purpose. The primary purpose of establishing a sanitary landfill
is to enable the Town to dispose of its solid waste in a modern, efficient
and sanitary method free of the objectionable features of an open
dump and to enable the Town to select and designate new and alternate
sites for sanitary landfill use.
7.11.2.
General. The Selectboard may designate the use of land for a
sanitary landfill under municipal supervision in the R2, R4, B2 and
I Districts after seeking the recommendation of the Planning Board
and subject to state and local Board of Health approval.
7.11.3.
Procedures. The Selectboard shall search and seek out suitable
locations for such sites seeking recommendations of the Planning Board
in so doing. After due process of investigation as to soil type, suitable
access, availability and suitable seclusion from view and after approval
of the site by the state and local boards of health, the Selectboard
shall hold a public hearing thereon after such notice as it may direct,
and render a decision, all conditional on the site being assigned
in accordance with provisions of MGL c. 111, § 150A.
7.12.1.
General. In the B2, B3, I, and I2 Districts, a new or enlarged
large-scale development may be allowed by special permit, and in the
B District is allowed by right, up to a maximum gross floor area of
50,000 square feet. This use may be in one or more buildings on the
same lot, and may consist of one or more retail and/or wholesale uses
and related businesses such as restaurants, banks and offices. Uses
greater than 50,000 square feet are not permitted except as provided
herein.
1.
In the B Downtown Business District, a building renovation or expansion
may be subject to a special permit under Section 10.4.
7.12.2.
Special permit. A large-scale commercial development which had
a gross floor area exceeding 50,000 square feet legally existing or
approved as of May 5, 1997, may be allowed by special permit to expand
up to 50% greater than that preexisting gross floor area.
1.
A special permit application for a large-scale commercial development
shall demonstrate full compliance with all applicable provisions of
Section 10.4 and with Section 7.9, special requirements for high-impact
commercial uses.
7.12.3.
Design guidelines. A large-scale commercial development shall
be designed to be architecturally and functionally integrated, and
to include building elements which are compatible with traditional
architectural styles of Great Barrington. (Refer to Great Barrington
Design Guidelines Workbook, a copy of which is on file in the office
of the Town Clerk, for design guidelines and recommendations for building
facade and roof treatments, storefronts and signage design, building
materials and colors, site and parking layout, landscaping screening
and site lighting.) Long straight walls are generally not considered
appropriate. Proportion, size, configuration and appearance of the
building(s) shall be harmonious with the neighboring buildings and
structures. Layout of the site and building(s) shall emphasize pedestrian
uses. Amenities such as benches and gardens are encouraged. Mechanical
systems and loading areas shall be screened from view from the street
and properties in any adjacent residential district. Noise attenuation
measures shall be incorporated to minimize impacts on adjacent uses,
especially near residential uses.
7.13.1.
Applicability. This section shall apply to institutional administrative
offices, professional office developments, research laboratories or
research centers in the R2 or R4 District.
7.13.2.
Requirements.
1.
The minimum size of the lot for any one or combination of such uses
shall be 10 acres.
2.
The minimum width of the lot shall be 300 feet.
3.
The maximum lot coverage by buildings and structures shall be 10%.
4.
No building or structure, except signs as specified below, shall
be located within 100 feet of any street line or property line.
5.
Except with a special permit from the Selectboard, no more than two
development signs with combined total area not exceeding 100 square
feet, denoting the name and address of the development or the names
of occupants, may be erected and maintained on the premises, provided
that they are set back at least 50 feet from the front and side lot
lines.
6.
Off-street parking shall be provided in the amount equal to the total
of the requirements for all uses in accordance with off-street parking
regulations of this bylaw. Parking or loading facilities which are
located within 50 feet of any property line of abutting residential
or institutional use shall be provided with a continuous screen along
such property line.
7.
No driveway providing access from the street to such property shall
be closer than 50 feet from any adjacent property line.
8.
No special permit shall be issued for any such use unless and until
the Board of Health of Great Barrington has approved water supply
and waste and refuse disposal methods and other aspect of the development
which come under its jurisdiction.
7.14.1.
Applicability. Professional buildings housing one or more members
of a profession may be constructed or existing buildings may be altered
to suit the needs of the tenant or tenants practicing a profession
in the R1A, R1B, R2, R3 or R4 Districts, provided that the land and
buildings comply with all applicable provisions of this section and
with the following special requirements.
7.14.2.
Requirements.
1.
In the R1A, R1B, R2 and R3 Districts, minimum lot size shall be one
acre, with no one dimension less than 100 feet. Maximum percentage
of lot coverage shall be 20%. Building and landscaping shall be in
keeping with that of neighborhood. The minimum front and rear yards
shall be 50 feet, with a minimum side yard of 30 feet.
2.
In the R4 District, minimum lot size shall be two acres, with no
one dimension less than 200 feet. Maximum percentage of lot coverage
shall be 10%. Building and landscaping shall be in keeping with that
of the neighborhood. The minimum front and rear yards shall be 50
feet; minimum side yards 50 feet.
3.
In all districts, retail sales may not be conducted as a principal
use.
7.15.1.
General. To place an antenna to serve a low-power FM broadcast
radio station, the applicant must obtain a building permit. As a condition
of such permit, the applicant shall agree that should the low-power
FM broadcast radio station cease to operate or lose its FCC license,
then the antenna must be removed in a timely fashion.
7.16.1.
Special permit and site plan review required. The special permit
granting authority may grant a special permit in accordance with the
provisions of Section 10.4 for conversion of an existing structure
to a tourist home for transient guests within the zoning districts
specified for such use in the Table of Use Regulations; provided,
however, that no such conversion shall be permitted for a structure
erected or enlarged less than 10 years before the date of application
for said special permit, and provided also that no more than 10 rental
rooms shall be permitted on any single piece of property or on contiguous
properties under common or related ownership.
7.16.2.
Requirements. A tourist home shall comply with the following
requirements:
1.
All repairs, renovations or construction specified in the application
for said special permit shall be made to the satisfaction of the Inspector
of Buildings before a certificate of occupancy is issued.
2.
Fire escapes and/or outside stairways leading to a second or higher
story shall, insofar as practicable, be located on the rear of the
building; shall not be located on any building wall facing a street;
and shall comply with Section 4.0.
3.
One off-street parking space shall be provided for each room available
for rent and for each owner and/or employee, with the location and
number of such parking spaces to be approved by the Planning Board
in the site plan review.
4.
All parking areas and outdoor recreational facilities such as swimming
pools, tennis courts and the like shall be screened from view by plantings
or other suitable means approved by the Planning Board in the site
plan review.
5.
The addition of any added floor space, dining facilities, outdoor
recreational facilities or facilities for serving alcoholic beverages
not included in the original special permit application shall be allowed
only after obtaining a modified special permit including those facilities.
7.17.1.
Special permit and site plan review required. Kennels may be
allowed only by special permit in accordance with Section 10.4 for
the operation of a kennel within the zoning districts specified for
such use in the Table of Use Regulations; provided, however, that
kennels shall not be permitted in residential zoning districts on
lots of less than five acres. Site Plan Review by the Planning Board
shall be required.
7.18.1.
Purposes. To provide for the placement of marijuana establishments
and medical marijuana treatment centers in recognition of and accordance
with MGL c. 94I, Medical Use of Marijuana, and MGL c.94G, Regulation
of the Use and Distribution of Marijuana Not Medically Prescribed,
in suitable locations in Great Barrington, in order to minimize potential
adverse impacts of such facilities.
7.18.2.
Definitions. Terms are defined in Section 11 and in the applicable
governing statutes and regulations, including said Chapters 94I and
94G of the General Laws and the regulations of the Cannabis Control
Commission.
7.18.3.
Site plan review required. All proposed marijuana establishments
and medical marijuana treatment centers shall be subject to Planning
Board site plan review as set forth in Section 10.5.
7.18.4.
Locational requirements. Marijuana establishments may be located
in accordance with Section 3.1.4, Table of Use Regulations, except
as follows:
1.
No marijuana establishment or medical marijuana treatment center
may be located closer than 200 feet from a preexisting public or private
school providing education in kindergarten or any of grades 1 through
12.
3.
The Selectboard may, by special permit pursuant to Section 10.4,
authorize a deviation from this distance requirement if it finds the
marijuana establishment or medical marijuana treatment center will
not be detrimental to a protected use.
4.
Other types of marijuana establishments licensed by the Massachusetts
Cannabis Control Commission may be permitted in accordance with the
appropriate use category in the Table of Use Regulations.
7.18.5.
Physical requirements. In addition to pertinent requirements
of implementing regulations of the Massachusetts Cannabis Control
Commission, marijuana establishments and medical marijuana treatment
centers shall comply with the following:
1.
All aspects of a marijuana establishment or medical marijuana treatment
center relative to the acquisition, cultivation, possession, processing,
sales, distribution, dispensing, or administration of marijuana, products
containing marijuana, marijuana accessories, related supplies, or
educational materials shall take place at a fixed location within
a fully enclosed building or fenced area dedicated to the cultivation
of marijuana and shall not be visible from the exterior of the business.
2.
No unprotected storage of marijuana, related supplies, or educational
materials is permitted.
3.
Marijuana not grown inside a securable structure shall be enclosed
within a six-foot fence, and inasmuch as possible the plants shall
be screened from view, at grade, from a public way or from a protected
use.
4.
No outdoor cultivation of marijuana shall be allowed within 50 feet
of any property line.
7.18.6.
Use regulations. In addition to pertinent requirements of implementing
regulations of the Massachusetts Cannabis Control Commission, marijuana
establishments and medical marijuana treatment centers shall comply
with the following:
1.
Uses under this section may only consist of the uses and activities
permitted by their definition as limited by state law.
2.
No marijuana shall be smoked, eaten or otherwise consumed or ingested
on the premises, unless specifically authorized by the Town pursuant
to MGL c. 94G.
3.
Retail sales of marijuana products and opening of the premises to
the public shall not occur earlier than 8:00 a.m. or later than 11:00
p.m.
4.
Additional regulations may be imposed as site plan review or special
permit conditions.
7.18.7.
Submittal requirements. Above and beyond the standard application
for site plan review, an application under this section shall include
the following:
1.
Copies of all required marijuana establishment or medical marijuana
treatment center licenses or registrations issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
facility;
2.
Evidence that the applicant has site control and the right to use
the site for a facility in the form of a deed, valid lease, or purchase
and sale agreement, and a signed statement from the property owner;
3.
In addition to what is normally required in a site plan pursuant
to Section 10.5, submittal shall also include details showing all
signage, exterior proposed security measures for the premises, including
cameras, lighting, fencing, gates and alarms, etc., ensuring the safety
of employees and patrons and to protect the premises from theft or
other criminal activity.
7.18.8.
Discontinuance of use.
1.
Any marijuana establishment or medical marijuana treatment center
permitted under this section shall be required to remove all material,
plants, equipment and other paraphernalia in compliance with implementing
regulations of the Cannabis Control Commission prior to expiration
of its operating license or permit issued by the Commonwealth of Massachusetts
or immediately following revocation or voiding of such license or
permit.
7.19.1.
Design Advisory Committee.
1.
A Design Advisory Committee (DAC) is hereby established to work cooperatively
with owners of land, buildings and business to review applications
for all actions that are subject to design review as set forth in
this bylaw. The DAC shall consist of five members, constituted as
follows:
a.
One Planning Board member, appointed by the Planning Board.
b.
One Historic District Commission member, appointed by the Historic
District Commission.
c.
One architect or design professional appointed by the Selectboard.
d.
Two citizens at large, who are residents of Great Barrington
and who may or may not serve on other boards or commissions, appointed
by the Selectboard.
2.
The three members appointed by the Selectboard shall serve for three-year
terms. The Historic District Commission member and the Planning Board
member shall serve for one-year terms. The Planning Board and Historic
District Commission may appoint one alternate each, who may serve
and act in the place of the member in the event of the absence of
that member. In the event of an absence, the Chair may elevate an
alternate in order to form a quorum and to vote on matters pending
before the DAC, provided that the composition of the DAC is not altered.
3.
The Great Barrington Building Inspector shall be the primary staff
liaison to the DAC.
7.19.2.
Purpose. The purpose of design review is to preserve, enhance
and raise awareness of the Town's cultural, economic and historical
resources, as documented in the Town's Design Guidelines, by providing
for a review of changes in the appearance of structures and sites
which may affect these resources. Design review is intended to:
1.
Enhance the social and economic viability of the Town by preserving
property values and promoting the attractiveness of the Town as a
place to live, visit and shop;
2.
Encourage the conservation of buildings and groups of buildings that
have aesthetic or historic significance;
3.
Discourage structural alterations that are incompatible with the
existing environment or that are of inferior quality or appearance;
and,
4.
Encourage flexibility and variety in future development.
7.19.3.
Authority.
1.
Within the Downtown Business District (B) and the Village Center
Overlay District (VCOD), 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 DAC.
2.
For the purpose of this section, a substantial structural change
is defined as one which involves: changing the height of a structure;
increasing the size of the footprint of a structure by more than 25%
or 1,000 square feet, whichever is smaller; or increasing the square
footage of any above ground floor by more than 25% or 1,000 square
feet, whichever is smaller.
3.
The DAC shall make recommendations to the appropriate decision making
body and/or the applicant concerning compliance of the proposed action
to the design review standards in this section.
7.19.4.
Design review procedures.
1.
Applications for all actions subject to review by the DAC shall be
made by completing an application form and submitting it to the Building
Inspector. Application forms are available from the Building Inspector's
office. Further information about the application process is set forth
in the Rules and Regulations of the DAC.
2.
Submittal requirements. Applicants to the DAC shall address all standards
listed in Section 7.19.4 below. If the project involves a variance,
special permit or building permit, any information required for it
should be included. The DAC may request additional information if
it deems to be relevant. Each application shall be accompanied by
photographs of the existing buildings and/or site, showing the area
to be modified. The following scaled drawings shall accompany the
application, unless this requirement is waived by the DAC:
a.
Small scale (minimum 1/8 inch equals one foot zero inches) elevation
showing the existing building with proposed changes and adjacent buildings.
b.
Large scale (minimum 1/2 inch equals one foot zero inches) elevation
showing proposed changes.
c.
Section details (minimum 1/2 inch equals one foot zero inches).
d.
Building plans as submitted to the Building Inspector.
3.
Process. The Building Inspector shall transmit copies of the application
to the DAC. The DAC shall review the application, meet with the applicant
and provide its recommendations, in writing, to the applicant and
the Building Inspector within 30 days. If the application for design
review is associated with an application for a variance or a special
permit, the Building Inspector shall immediately transmit the DAC's
recommendation to the Zoning Board of Appeals or special permit granting
authority, whichever is relevant. If the DAC does not issue written
recommendations within 30 days from the date the application was submitted,
the Building Inspector shall assume approval of the application by
the DAC.
7.19.5.
Design review standards. The standards which are described below
are intended to provide a guide to the applicant and the DAC for the
design review of proposed actions. These standards shall not be regarded
as inflexible requirements, and they are not intended to discourage
creativity, invention or innovation; rather, they are intended to
focus attention on design principles which enhance the visual appearance
of the community. It is strongly encouraged for applicants to refer
to the Town's Design Guidelines.
1.
General principles.
a.
Every reasonable effort shall be made to preserve the distinguishing
original qualities of a building, structure or site and its environment.
The removal or alteration of any historic material or architectural
features should be avoided whenever possible.
b.
Distinctive features or examples of skilled craftsmanship which
characterize a building, structure or site shall be treated with sensitivity.
c.
All new development shall be treated harmoniously to the use,
scale and architecture of existing buildings in the vicinity that
have a functional or visual relationship to the proposed building.
d.
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical architectural or cultural material
and when such design is compatible with the surrounding environment.
2.
Design review standards. The DAC shall consider, at a minimum, the
following standards in the course of a design review of a proposed
action:
a.
Height. The height of any proposed alteration should be compatible
with the style and character of the surrounding buildings.
b.
Proportions of windows and doors. The proportions and relationships
between doors and windows should be compatible with the architectural
style and character of the surrounding area.
c.
Relationships of building masses and spaces. The relationship
of a structure to the open space between it and adjoining structures
should be compatible.
d.
Roof. The design and shape of the roof should be compatible
with the architectural style of the surrounding buildings.
e.
Landscape. The landscape should be compatible with the character
and appearance of the surrounding area. Native species for landscaping
are encouraged. Invasive species are prohibited.
f.
Scale. The scale of the structure should be compatible with
its architectural style and the character of the surrounding buildings.
g.
Architectural details. Architectural details, including signs,
materials, colors and textures, shall be compatible with a building's
original architectural style in a manner that preserves and enhances
the character of the surrounding area.
