Great Barrington City Zoning Code
SECTION 7
0 Special Regulations
7.1 Satellite television antennas.
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 Aviation fields.
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 Certain B2A uses.
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 Camping facilities.
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 Removal of earth materials.
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 Private schools, other educational uses and group residences.
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 Fast-food eating establishments.
7.7.1.
General. Fast-food eating establishments shall comply with the requirements and procedures listed below:
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 Motor vehicle fuel station.
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 High-impact commercial uses.
7.9.1.
General. The following special requirements apply to the following uses set forth in the Table of Use Regulations:
• | C(2) Fast food eating establishments with drive-in facilities. |
• | C(11) Large-scale commercial developments. |
• | C(14) Motor vehicle fuel stations. |
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 Hotels and motels.
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 Municipal sanitary landfill.
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 Large-scale commercial development.
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.
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.
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 Certain R2 or R4 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 Professional buildings in residential districts.
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 Low-power FM broadcast radio station and antenna.
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 Tourist homes for transient guests.
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 Kennels.
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 Marijuana establishments and medical marijuana treatment centers.
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 Design review.
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.