~ 171-74. Uses subject to special requirements.
A. Automobile service station or public garage. [Amended 5-3-2000 ATM, Art. 21; 5-7-2001 ATM, Art. 33]
(1) No automobile service station or public garage 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 public garage or automobile service 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 side (or opposite) 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) Zone.
(3) Every automobile service 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 an automobile service station shall be set back at least 35 feet from any street line.
(4) No automobile service station shall hereafter be erected on a lot with an area of less than 10,000 square feet.
B. Aviation field.
(1) Any aviation field, public or private, with essential accessories, shall comply with the following special requirements:
(a) 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.
(b) 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 center line 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).
(2) The provisions of this Subsection shall not apply to structures which will be 30 feet or less in height above ground.
C. Removal of earth materials. Removal of earth materials for commercial purposes, including gravel, loam, sand or stone, may be permitted 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 Board of Selectmen.
(3) A bond with surety satisfactory to the Board of Selectmen shall be furnished to the town and approved as to form by the Town Counsel in the amount sufficient in the opinion of the Board of Selectmen 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 Board of Selectmen 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.
D. Institutional administrative offices, planned professional office developments, research laboratories or research centers in R-2 or R-4 District.
(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 Board of Selectmen, 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 chapter. 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.
E. Camping facilities. 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.
(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 Board of Selectmen 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.
F. Professional buildings in residential districts. 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 Districts R-1-A, R-1-B, R-2, R-3 or R-4, provided that the land and buildings comply with all applicable provisions of this chapter and with the following special requirements: [Amended 5-12-2003 ATM, Art. 27; 5-17-2004 ATM, Art. 20]
(1) R-1-A, R-1-B, R-2 and R-3 Districts. Minimum lot size, one acre, with no one dimension under 100 feet; percentage of lot coverage, maximum 20%; parking space for five cars for each professional occupant of building; building and landscaping to be in keeping with that of neighborhood; minimum front and rear yards, 50 feet, with side yards, 30 feet.
(2) R-4 District. Minimum lot size, two acres, with no one dimension under 200 feet; percentage of lot coverage, maximum 10%; parking space for five cars for each professional occupant of building; building and landscaping to be in keeping with that of the neighborhood; minimum front and rear yards, 50 feet; minimum side yard, 50 feet.
(3) May not include retail sales as a principal use.
G. [Amended 5-5-1997 ATM, Art. 29] Fast-food eating establishments. Fast-food eating establishments shall comply at a minimum with the requirements and procedures listed below:
(1) The application for a special permit shall comply with all applicable provisions of Article X of this chapter and with ~ 171-74M, Special requirements for high-impact commercial uses.
(2) Fast-food eating establishments 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. [Amended 5-16-2005 ATM, Art. 22]
(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 Article XIX, Signs. No special exception 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 ten 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.
H. Agriculture, horticulture or floriculture. Limited to parcels 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.
I. In a B-2A District, retail stores other than as described in ~ 171-16C(5) 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.
J. In a B-2A District, restaurants shall not have a legal seating capacity exceeding 175 and shall not be fast-food eating establishments as defined in ~ 171-5.
K. (Reserved)
L. Large-scale commercial development. [Added 5-5-1997 ATM, Art. 29]
(1) In the B-1 and B-2 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. (Note, however, that in the B Downtown Business District, a building renovation or expansion may be subject to a special permit under Article XVII) 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 in Subsection L(2) below.
(2) 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.
(3) A special permit application for a large-scale commercial development shall demonstrate full compliance with all applicable provisions of Article X of this chapter and with ~ 171-74M, Special requirements for high-impact commercial uses.
(4) 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.
M. Special requirements for high-impact commercial uses. [Added 5-5-1997 ATM, Art. 29]
(1) The following special requirements apply to any use so designated in the Table of Use Regulations.
(2) The special permit application shall be made on Form SP-2 (long form).
(3) In addition to the plans and information required by Article X, 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:
(a) Traffic study including on-site and off-site traffic impacts and mitigation commitments; parking and travel demand management measures;
(b) Provisions for pedestrians and bicycles;
(c) Storm drainage analysis and mitigation measures including pre- and post-development peak flows and runoff volumes for the two-, ten- and one-hundred-year design storms; evaluation of water quality impacts;
(d) Impacts on wetlands and floodplains, if applicable;
(e) Methods for controlling erosion and sedimentation both during construction and permanent;
(f) Water supply and sewage disposal methods and impacts;
(g) Noise impacts and proposed control measures;
(h) Site lighting impacts and control measures;
(i) Historical and/or archaeological impacts on site or nearby, if applicable;
(j) Solid waste handling and disposal, including construction or demolition debris;
(k) Mitigation of potential adverse impacts on any adjacent property in residential, institutional or recreational use; and
(l) Conformance with the Great Barrington Community Master Plan.
(4) Special requirements for location and accessways.
(a) The proposed use shall be so located with relation to major thoroughfares and uses in the neighborhood as not to create traffic hazards and as not to adversely affect such other uses in the neighborhood.
(b) The proposed use shall not draw excessive traffic to and through local streets in nearby residential areas.
(c) 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.
(d) 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.
(e) 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.
(f) 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°.
(g) 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.
(5) Parking areas.
(a) Parking areas shall be so designed and landscaped as to minimize the adverse visual impact of such areas.
(b) 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.
(c) Paved parking areas shall have measures to adequately control surface drainage on-site without adversely affecting adjacent properties or overloading downstream drainage facilities.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) The parking area shall include areas designated for storage of snow.
(6) Lighting of parking areas.
(a) An adequate level of lighting shall be provided in parking areas of properties which will be used during the nighttime.
(b) 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.
(c) 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.
(d) 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 34 feet above the finish grade elsewhere.
(e) 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 ten footcandles.
(f) Light fixtures shall be located and/or shielded so that illumination onto any adjacent property is no greater than 1.0 footcandles.
(g) 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.
(h) 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.
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