~ 171-75. Two-family residential use of a single lot.
A. The special permit granting authority (SPGA) may grant a special permit in accordance with Article X of this chapter for two-family residential use of a single lot in any zoning district specified for such use in ~ 171-16. For the purposes of this section, any two dwelling units on a single lot, whether in the same building or in separate buildings, shall be considered two-family residential use. In the event of two dwelling units in separate buildings, all applicable requirements of ~~ 171-19, 171-20 and 171-21 shall apply. Nothing in this section shall be construed as to allow two dwelling units on a single lot, in separate buildings, when that lot is not at least twice the minimum lot area specified in ~ 171-18. Before granting such a special permit, the SPGA shall conduct a site
inspection of the property to ascertain its conformance with this chapter.
B. Every application for a special permit for such two-family residential use shall be accompanied by site plans and floor plans acceptable to the SPGA and meeting all applicable requirements of Article X of this chapter.
C. No special permit for such two-family residential use shall be issued unless and until the Planning Board certifies in writing that a majority of its members have conducted a site inspection of the property within 35 days of receipt of the application and that the Planning Board's recommendation is based on said site inspection; provided, however, that failure of the Planning Board to issue a recommendation within 35 days of receipt of the application for review shall be deemed lack of opposition thereto.
D. Every special permit issued in accordance with the provisions of this section shall contain the following conditions:
(1) All repairs, renovations or construction specified by the applicant in his application shall be made to the satisfaction of the Inspector of Buildings before an occupancy permit is issued;
(2) There shall be separate toilet, bath and kitchen facilities for each family;
(3) (Reserved)
(4) Fire escapes and outside stairways leading to a second or higher story shall, where practicable, be located on the rear of the building, shall not be located on any building wall facing a street and shall comply with ~ 171-21C of this chapter;
(5) Two off-street parking spaces shall be provided for each dwelling unit, located in such a manner that permeable surfaces, including lawns and/or garden areas but exclusive of all structures, driveways, walkways and parking spaces, shall be no less than 15% of the total area of the property. When one of the dwelling units is 650 gross square feet or less, the two dwelling units shall require a total of three parking spaces. In the event that the required parking spaces cannot be provided on the property, the applicant shall, before the special permit is issued, present proof of a duly recorded permanent easement or deed providing such off-street parking space on other property, and the special permit shall be conditioned upon such permanent easement or deed; [Amended 5-7-2001 ATM, Art. 31]
(6) Drainage controls as deemed necessary by the SPGA shall be specifically described as an added condition of the special permit;
(7) New construction of any two-family residence shall conform to all dimensional requirements of ~ 171-18; and
(8) Any other conditions specified by the SPGA.
E. The SPGA shall notify the Inspector of Buildings of its approval of the issuance of a building permit in accordance with the provisions of Subsections A through D.
~ 171-76. Multifamily dwellings.
A. The special permit granting authority (SPGA) may grant a special permit in accordance with Article X of this chapter for multifamily dwellings, including condominiums, in the zoning districts specified for such uses in ~ 171-16. For the purposes of this section, the placing of more than two dwelling units on a single lot, under any circumstances, shall be considered a multifamily use. No special permit for such use shall be issued unless and until the Planning Board certifies in writing that a majority of its members have conducted a site inspection of the property within 35 days of receipt of the application and that the Planning Board's recommendation is based on said site inspection; provided, however, that failure of the Planning Board to issue a recommendation within 35 days of
receipt of the application for review shall be deemed lack of opposition thereto. Before granting such a special permit, the SPGA shall also conduct a site inspection of the property.
B. Multifamily dwellings shall comply with all the following special requirements and procedures, as applicable, which shall be made conditions of the special permit:
(1) In a multifamily development, more than one principal building may be permitted on a lot, provided that such lot meets the minimum lot width requirements for the respective zoning district as set forth in ~ 171-18, and further provided that there shall be at least 3,500 square feet of lot area for each dwelling unit in a development of three units or four units, regardless of the number of principal buildings on the lot, and 5,000 square feet of lot area for each dwelling unit in a development of five through nine units. Developments of more than nine units shall be subject to the requirements of ~ 171-78 of this article.
(2) Permeable open space on the lot, including lawn and/or garden area but exclusive of structures, driveways, walkways and parking spaces, shall be no less than 50% of the total area of the property.
(3) No more than nine dwelling units shall be provided in any multifamily development granted a special permit in accordance with this section. No special permit shall be issued under this section for a multifamily development in excess of four dwelling units abutting any other multifamily development.
(4) No portion of any enclosing wall of any building and no portion of any other permissible structure shall be nearer than 25 feet to any street line, 10 feet to any side lot line and 30 feet to the rear lot line.
(5) No structure shall exceed 21/2 stories or 35 feet in height, except as provided in ~ 171-18.
(6) Two off-street parking spaces shall be provided for each dwelling unit. No space shall be considered available for parking if such space reduces the effective width of a driveway providing access to more than one dwelling unit to less than 16 feet. In the event that the required parking spaces cannot be provided on the property, the applicant shall, before the special permit is issued, present proof of a duly recorded permanent easement or deed providing such off-street parking space on other property, and the special permit shall be conditioned upon such permanent easement or deed. In either case, underground parking shall be acceptable, provided that said parking facility has been certified safe by a structural engineer registered in Massachusetts.
(7) Within the development, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with conventional and accepted site-planning standards and to the satisfaction of the Planning Board.
(8) Front yards and all open areas shall be suitably landscaped and maintained with grass, trees, flowers, shrubs and/or walks. Such landscaping shall be specified in detail on the site plan and shall be made a condition of the special permit.
(9) The proposed development shall be so located with respect to major thoroughfares and uses outside the development as not to create traffic hazards or congestion. Before issuance of a special permit by the SPGA, the Chief of Police and the Highway Superintendent shall give their written approval of said location.
(10) When filing an application with the SPGA, the applicant shall submit at least six copies of a site plan showing, in addition to all characteristics specified in Article X of this chapter, the general plan and elevations of the buildings, as well as provisions for proposed parking spaces, interior roadways, walkways, drainage and recreational facilities.
(11) Such site plan, subject to such amendment thereof as may be required by the Planning Board under the provisions of this chapter shall be made a part of the building permit.
(12) All repairs, renovations or construction specified by the applicant in his application shall be completed to the satisfaction of the Inspector of Buildings before an occupancy permit is issued.
(13) There shall be separate toilet, bath and kitchen facilities for each dwelling unit.
(14) Fire escapes and outside stairways leading to a second or higher story shall, where practicable, be located on the rear of each building, shall not be located on any building wall facing a street and shall comply with ~ 171-21C.
(15) Drainage controls as deemed necessary by the SPGA shall be specifically described as an added condition of the special permit.
(16) Any other conditions specified by the SPGA.
C. The requirements of Subsection B(1), (2), (3), (4), (5), (7) and (8) shall not apply to any multifamily dwelling in a single existing building within the central business district. For the purposes of this section, the central business district shall be considered to lie within an area bounded on the west by the Boston and Maine railroad tracks, on the south by Castle and Bridge Streets, on the east by School Street and on the north by a line extending easterly from the Boston and Maine railroad tracks along the center line of Elm Street to the center line of Main Street, thence southerly along the center line of Main Street to the center line of Church Street, thence easterly along the center line of Church Street to School Street.
D. The SPGA shall notify the Inspector of Buildings of its approval of the issuance of a building permit in accordance with the provisions of Subsections A through C.
~ 171-76.1. Accessory dwelling unit (ADU). [Added 5-6-2002 ATM, Art. 29]
A. Purpose.
(1) To recognize that the housing needs of the town are changing and that zoning bylaws must be crafted to reflect and allow greater flexibility in the provision of housing to its citizens.
(2) To encourage the creation and addition of moderately priced rental units to the housing stock in single-family zones that meet the needs of small and moderate-income households that otherwise have difficulty obtaining affordably priced housing in the community.
(3) To protect the stability, property values, and the residential character of a single-family neighborhood by ensuring that accessory apartments meet the criteria specified in this section and any provisions of the special permit, in those cases when a special permit is required.
B. Definition. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY DWELLING UNIT (ADU) -- A subordinate dwelling unit created within a primary single-family home, with provisions for independent cooking, living, sanitation and sleeping.
C. Accessory dwelling units by special permit. (See Article X, Special Permits.) Accessory dwelling units may be allowed by special permit in R-1-A, R-1-B, R-2, R-3, B-1, B-2, B-2-A, I, and I-2 Zones (and on reduced size lots in R-4 Zones). The special permit granting authority shall be the Planning Board. The Planning Board will conduct a site plan review using the criteria set forth in Site Plan Review for Accessory Dwelling Units.
D. Accessory dwelling units by site plan review. Accessory dwelling units may be allowed by site plan review in an R-4 Zone unless the lot on which the accessory dwelling unit is proposed has been reduced in size because of the provision of town water, town sewer or town water and sewer, in which case a special permit is required. The Planning Board will conduct the site plan review and all criteria specified in this section and the site plan review for accessory dwelling units shall be met prior to the issuance of the building permit by the building inspector. Abutters must be notified by the applicant that the ADU is being proposed and that the Planning Board will be conducting a site plan review on a given time and date. The Board of Health shall give its approval prior to the issuance
of a building permit.
E. Requirements for all accessory dwelling units.
(1) Only one accessory dwelling unit may be established within a single-family home.
(2) The existence of the accessory dwelling unit must be recorded by the applicant with the Registry of Deeds. Recording of the special permit decision will serve that purpose. If the ADU is allowed by site plan review, then the Planning Board will provide a certificate that must be recorded. [Amended 5-12-2003 ATM, Art. 26]
(3) The ADU may not be in separate ownership from that of the single-family home in which it is located. The owner, or a member of the owner's family, must occupy one of the units in the residence. [Amended 5-12-2003 ATM, Art. 26]
(4) The accessory dwelling unit may not exceed 30% of the habitable floor space of the structure and may not in any case be larger than 650 gross square feet. If a dwelling unit of more than 30% of the habitable floor space or greater than 650 gross square feet is created within a single-family home, the residence will be considered a two-family dwelling and will require a Special Permit under ~ 171-75 of this Zoning chapter.
(5) The single-family home must meet the zoning requirements for residences. The SPGA may waive the parking requirements, however, if findings are made that there are adequate provisions for permanent off-street parking off-site, and those parking provisions are made part of the conditions of approval by special permit or site plan review. [Amended 5-12-2003 ATM, Art. 26]
(6) One parking space shall be provided in addition to that required by the present building. All required parking spaces, including the parking space for the accessory dwelling unit, must be provided no closer to the street than the building setback line, unless other specified provisions are made and agreed to by the permit granting authority. The burden is on the applicant to show that the parking provided in no way impinges on the accessibility of the public way, obstructs a sidewalk or presents a health or safety problem which must be policed or corrected by the town.
(7) An accessory dwelling unit may be created within a new or a previously existing single-family structure.
(8) A home occupation may be allowed within the primary single-family unit. A home occupation may be allowed in the accessory dwelling unit only if the proposed home occupation meets the provisions of ~ 171-35C(1)(a) or (b) [professional home occupations or customary home occupations, but not ~ 171-35C(1)(c) the renting of rooms to boarders].
(9) Additions required to develop the ADU within the present single-family structure may not exceed 10% of the present footprint of the building. The allowable density of the lot as set forth in ~ 171-18 may not be exceeded.
(10) Where practicable, any new entrance necessitated by the accessory dwelling unit must be located on the rear or side of the building.
(11) Fire escapes and outside stairways leading to a second or higher story shall be located on the rear or side of the building, and, where practicable, shall not be located on any building wall facing a street and shall comply with ~ 171-21C of this chapter. (Permitted projections into yards.)
F. All Town Boards and the Building Inspector must receive identical plans. If any change in the plans is required by any Board or the Building Inspector, that change must also be noted on those plans submitted to the remaining Boards.
G. Site plan review for accessory dwelling units.
(1) What zone is the residence in?
(2) Is a special permit required?
(3) Will a relative of the owner, as specified in ~ 171-76.1D(3), occupy one of the units?
(4) Have the required abutters been notified?
(5) What is the percentage of buildings containing accessory dwelling units, two- family dwellings or multifamily units on the same street?
(6) What is the gross square footage of the proposed unit? Of the total building?
(7) Does the residence comply with all dimensional requirements of Chapter 171, Zoning?
(8) Has the lot been reduced in size because of Town water and sewer?
(9) Are the methods on site for surface and subsurface drainage adequate?
(10) Are public and private surface and subsurface water supplies protected?
(11) Are significant historic, scenic and environmental features of the neighborhood protected?
(12) Are the proposed exterior changes consistent with, or an improvement on, the existing architecture?
(13) Are additions to the existing structure less than 10% of the present footprint?
(14) Are all new entrances necessitated by the construction of the accessory dwelling unit located on the rear of the residence, if practicable?
(15) Are fire escapes and outside stairways located on the rear of the residence, if practicable?
(16) Are driveways properly located relative to pedestrians and street traffic?
(17) Are the off-street parking spaces adequate in number and arrangement?
(18) Is screening and landscaping adequate?
(19) Do home occupations meet the requirements of ~ 171-35C?
(20) Does the nature of the neighborhood remain unchanged?
H. Whether an accessory dwelling unit is permitted by special permit or by site plan review, the Building Inspector will determine continued compliance with the terms of this section and any special provisions or limitations made part of the permit. Failure to comply shall result in enforcement in accordance with the terms of ~ 171-65 of this chapter.
I. The invalidity of any section or provisions of this section shall not invalidate any other section or provision thereof.
~ 171-76.2. Mixed use. [Added 5-3-1999 ATM, Art. 31; amended 5-17-2004 ATM, Art. 18]
For mixed uses in the B, B-2, and I-2 zones, all of the following conditions shall apply:
A. When residential use is combined with other nonresidential permitted uses, the controlling dimensional requirements shall be the less restrictive;
B. A minimum of 50% of street level floor space shall be reserved for nonresidential use; and
C. In all zones except the B Zone, one parking space per dwelling unit shall be required in addition to those required of other permitted uses.
~ 171-77. Publicly financed nonprofit housing for the elderly.
The special permit granting authority (SPGA) may grant a special permit in accordance with Article X of this chapter for publicly financed nonprofit housing exclusively for elderly and/or physically handicapped residents, constructed with financing through Federal Housing and Urban Development (HUD) assistance and/or as authorized under the provisions of MGL c. 121, ~ 26SS through VV, inclusive, as well as any other applicable sections of the General Laws, all as most recently amended. Said special permit may allow such housing in the zoning districts specified for such use in ~ 171-16, provided that:
A. There shall be no more than 60 dwelling units in the project. All units may be in one building. [Amended 5-16-2005 ATM, Art. 17]
B. The project shall be served by town water and town sewer.
C. There shall be a minimum of 1,700 square feet of lot area per dwelling unit. [Amended 5-16-2005 ATM, Art. 17]
D. ln no case shall there be a total lot area of less than 11/2 acres.
E. The lot shall have frontage of not less than 150 feet on a public way.
F. No building shall have a front yard less than 50 feet from any public way, and all buildings shall have minimum rear and side yards as regulated in ~ 171-18. [Amended 5-16-2005 ATM, Art. 17]
G. There shall be a distance of not less than 40 feet between buildings.
H. All driveways shall be constructed to a standard at least equal to the standards set forth in the Planning Board's Subdivision Regulations, and all public utilities shall be installed in accordance with said Subdivision Regulations.
I. No structure shall exceed 21/2 stories or 35 feet in height, except as provided in ~ 171-18 of this chapter.
J. Within the development, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with conventional and accepted site-planning standards and to the satisfaction of the Planning Board.
K. Front yards and all open areas shall be suitably landscaped and maintained with grass, trees, flowers, shrubs and/or walks. Such landscaping shall be specified in detail on the site plan and shall be made a condition of the special permit.
L. The proposed development shall be so located with respect to major thoroughfares and uses outside the development as not to create traffic hazards or congestion. Before issuance of a special permit by the SPGA, the Chief of Police and the Highway Superintendent shall give their written approval of said location.
M. When filing an application with the SPGA, the applicant shall submit at least six copies of a site plan showing, in addition to all characteristics
specified in Article X of this chapter, the general plan and elevations of the buildings, as well as provisions for proposed parking spaces, interior roadways, walkways, drainage and recreational facilities.
N. Such site plan, subject to such amendment thereof as may be required by the Planning Board under the provisions of this chapter, shall be made a part of the building permit.
O. All repairs, renovations or construction specified by the applicant in his application shall be completed to the satisfaction of the Inspector of Buildings before an occupancy permit is issued.
P. There shall be separate toilet, bath and kitchen facilities for each dwelling unit.
Q. Fire escapes and outside stairways leading to a second or higher story shall, where practicable, be located on the rear of each building, shall not be located on any building wall facing a street and shall comply with ~ 171-21C.
R. Drainage controls as deemed necessary by the SPGA shall be specifically described as an added condition of the special permit.
S. The minimum off-street parking requirements shall be one space for each dwelling unit.
T. No straight wall shall be longer than 100 feet. There shall be an offset of at least 10 feet between straight walls.
U. Any other conditions specified by the SPGA.
~ 171-78. Planned unit residential development (PURD).
A. The special permit granting authority (SPGA) may grant a special permit in accordance with the provisions of Article X of this chapter for the construction and occupancy of a planned unit residential development (PURD) in any zoning district specified for such use in ~ 171-16. For the purposes of this section, a PURD shall mean any multifamily development consisting of 10 or more dwelling units on a single lot or on separate lots within the same development, whether for rental or for sale, either as condominiums or under cooperative ownership; provided, however, that such rental or sale on a time-sharing basis for temporary occupancy shall be limited exclusively to B-2 (General Business) Zoning Districts. A dwelling unit shall be considered to be occupied on a time-sharing basis if the
exclusive right of use, possession or occupancy circulates among various owners or lessees thereof in accordance with a fixed or floating time schedule on a periodically recurring basis, whether such use, possession or occupancy is subject to either a time-share estate, in which the ownership or leasehold estate in property is devoted to a time-share fee (tenants in common, time-span ownership and interval ownership) and a time-share lease or time-share use, including any contractual right of exclusive occupancy that does not fall within the definition of time-share estate, including but not limited to a vacation license, prepaid hotel reservation, club membership, limited partnership or vacation bond. The primary purpose of this section is to provide for the orderly development of multifamily housing while protecting the town's economy by preventing overcrowding of land, avoiding undue concentration of population, preserving open space in the community and encouraging land use
harmonious with natural features and protection of natural resources, including but not limited to public and private water supplies.
B. In a PURD, the following uses may be permitted:
(1) One-family dwellings.
(2) Two-family dwellings.
(3) Multifamily dwellings.
(4) Any mixture of one-family, two-family and/or multifamily dwellings.
(5) Accessory uses as regulated in ~ 171-16G.
(6) Signs as regulated in ~ 171-90.
No structure designed or intended for business use, except the development office, shall be a part of any PURD.
C. To prevent overcrowding of land, to avoid undue concentration of population, to conserve health, to lessen congestion in the streets and on the highways, to secure safety from fire, flood and other dangers, to facilitate the adequate provision of transportation, water supply, drainage, sewerage, schools, parks, open space and other public requirements, to preserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment, to encourage the most appropriate use of land throughout the town, including consideration of the Master Plan adopted by the Planning Board, to preserve and increase the amenities that are vital to the town's economy, and to further the development of the natural scenic and aesthetic
qualities of the community, the following requirements relating to the density of population and intensity of land use by PURD's shall be met:
(1) Minimum number of dwelling units: 10.
(2) Maximum number of dwelling units: 60.
(3) Separation of PURD's: In R-2 and R-4 Zoning Districts, the boundary of one PURD shall be no closer than one mile to the nearest boundary of another PURD in an R-2 or R-4 District, measured in a straight line connecting the closest points of the respective boundaries, nor shall the boundary of any PURD in an R-2 or R-4 District be contiguous to that of any PURD in any other zoning district. In R-1-A, R-1-B, R-3, B and I Zoning Districts, the boundary of one PURD shall not be contiguous at any point to that of another PURD, regardless of district.
(4) The minimum land area for a PURD shall be based on the following area requirements per dwelling unit:
District |
Area (square feet) |
R-4 |
30,000 |
R-2 |
20,000 |
B-2 |
20,000 |
I |
20,000 |
R-1-A |
9,000 |
R-1-B |
7,500 |
R-3 |
7,500 |
(5) Minimum usable open space or common land per dwelling unit: 5,000 square feet. Such space shall not include wetlands, streams or any other area subject to protection under the Massachusetts Wetlands Protection Act, nor shall it include parking space, roadways, walkways, laundry drying areas or yards required under this chapter.
(6) The maximum lot coverage by building shall be regulated in terms of percent by ~ 171-18 of this chapter.
D. PURD's shall comply with all the following special requirements and procedures, which shall be made conditions of the special permit:
(1) The minimum off-street parking requirement shall be two parking spaces for each dwelling unit.
(2) The maximum height of structures shall be as regulated in ~ 171-18 of this chapter.
(3) The maximum length of any exterior straight wall shall be 125 feet. There shall be an offset of at least 20 feet between straight walls.
(4) The minimum distance between any two principal buildings shall be not less than 50 feet.
(5) No portion of any enclosed wall of any building or other permissible structure shall be nearer than 20 feet to any roadway within the development or 10 feet to any parking area and shall not be nearer than 100 feet to any property line in R-2, R-4, B-2 and I Districts nor nearer than 50 feet to any property line in R-1-A, R-1-B and R-3 Districts.
(6) A PURD having more than 40 dwelling units shall have a minimum of two access roadways to be separated by at least 100 feet. All roadways within the development shall conform in construction with the standards as set forth in the Planning Board's Subdivision Regulations, and all public utilities shall be installed in accordance with said subdivision regulations.
(7) Parking and recreation areas shall be so designed and located as to be safely and conveniently accessible from the buildings they are intended to serve. No space shall be considered available for parking that reduces the effective width of a driveway providing access to more than one dwelling unit to less than 16 feet.
(8) The proposed development shall be so located with relation to primary streets and uses outside the development as not to create traffic hazards or congestion. Before issuance of a special permit by the SPGA, the Chief of Police and the Highway Superintendent shall give their written approval of said location.
(9) The proposed development shall be so located that essential community services, including water supply, sewage system, drainage system and police and fire protection, shall be available and adequate for the development, based on written reports and recommendations from appropriate town agencies.
The SPGA shall, before granting a special permit, require written guarantees from the applicant, including such financial guarantees in the form of bank deposits, bonds or covenants as may be satisfactory to the SPGA and the Town Counsel, that suitable provision will be made assuring these services.
E. All common land preserved in accordance with Subsection C(5) shall be either deeded to and accepted by the Town of Great Barrington for park or open space use, conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or, in the case of dwelling units for sale, either as condominiums or under cooperative ownership, conveyed to a corporation or trust owned or to be owned by the owners of dwelling units within the PURD. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the dwelling units. In any case in which such land is not conveyed to the town, the applicant shall record in the Southern Berkshire Registry of Deeds a restriction acceptable to the SPGA and the Town Counsel and enforceable by the town
providing that such land shall be kept in an open or natural state and not built upon for residential or other use nor developed for such accessory uses as parking and/or roadways. This restriction shall be provided before the special permit is granted and shall be recorded with the special permit.
F. The following procedures shall be required for the presentation of a PURD plan:
(1) The proposed development shall be in harmony with the Master Plan of the community, as adopted and amended by the Planning Board.
(2) Usable open space or common land shall be assured and maintained in accordance with the procedures prescribed in Subsection E.
(3) The development plan shall contain specific time periods within which development of each section of the PURD will be started. Failure to start construction within those periods may be cause for issuance of a stop-work order by the Inspector of Buildings and for a public hearing under the provisions of ~ 171-48, at which it shall be the responsibility of the special permit holder to show cause why the special permit for the PURD should not be revoked.
(4) Before applying for a special permit hereunder, the applicant shall file with the Planning Board a preliminary plot plan of the entire tract drawn to a scale adequate to represent all features of the property, clearly portraying:
(a) Lot layout and dimensions.
(b) Access road locations and widths.
(c) Open space locations and dimensions.
(d) Location of major site features, such as existing stone walls, fences, large trees and rock outcroppings; all existing and proposed structures on the property; all existing and proposed driveways, walkways and parking areas; all bordering streets and/or highways; contours of elevation at intervals of no more than two feet; all existing and proposed wells and septic systems; drainage patterns; and other physical and topographical features of the property including but not limited to streams, ponds and wetlands.
(e) An arrow indicating magnetic North.
(5) Said plan shall be identified as the preliminary land development plan (PLDP) and shall show sufficient data about the proposal to form a clear basis for discussion of the project and for preparation of the definitive land development plan (DLDP). Six copies of the PLDP shall be submitted by the applicant to the Planning Board, which shall set a date and time at which it will review the plan under its Subdivision Regulations. It shall, within five days of receipt of the PLDP, notify the applicant, the SPGA, the Conservation Commission, the Board of Health and other town departments as it deems appropriate of the date and time of such meeting, and it shall transmit copies of the plans to said boards and departments. The review session shall be held not later than 35 days after receipt of the
PLDP by the Planning Board. During the meeting, town boards and departments may suggest revisions and additions to be incorporated by the applicant in the definitive land development plan. The definitive land development plan and special permit application shall be filed with the SPGA, which shall hold a hearing in accordance with the provisions of Article X of this chapter. The Planning Board shall also hold a public hearing in accordance with its Subdivision Regulations to determine the appropriateness of any roadways in the PURD. The hearings may be held simultaneously, if members of both boards so vote. The Planning Board's endorsement of such roadway plan shall be in accordance with all provisions of its Subdivision Regulations.
(6) Each application for a special permit hereunder shall be accompanied by two locus maps showing the location of the property. One shall be an enlarged section of a United States Geological Survey Map, and the other shall be a copy of the current Great Barrington Zoning Map, each indicating the location of the property by arrow or other suitable mark.
(7) Each application shall be signed by the owner or owners of the property in question or, if the applicant is other than the owner of the property, shall be signed by the applicant and shall be accompanied by a letter from the owner authorizing the applicant to apply for the special permit. Said application shall also be accompanied by all appropriate fees. For the purposes of this section, an "applicant" shall be defined as a person, corporation, partnership or other legal entity having a legal or equitable interest in the property.
~ 171-79. Cluster development.
A. The special permit granting authority (SPGA) may grant a special permit in accordance with the provisions of Article X of this chapter for a cluster development in any zoning district specified for such use in ~ 171-16. For the purposes of this section, a "cluster development" shall mean a single-family residential subdivision only, on a tract of at least 10 acres, approved as a cluster development by the Planning Board under its Subdivision Control Regulations and containing lots with reduced area and frontage in accordance with the provisions of Subsection B. No two-family residential use shall be allowed in a cluster development, ~ 171-75 notwithstanding. Such special permits are intended to encourage the orderly development of single-family housing and more efficient
provision of municipal services while protecting the town's economy by preventing overcrowding of land, avoiding undue concentration of population, preserving open space in the community and encouraging land use harmonious with natural features and protection of natural resources, including but not limited to public and private water supplies.
B. Cluster developments shall comply with all the following special requirements and procedures, which shall be made conditions of the special permit:
(1) No lot shall have area, lot width or frontage less than 1/2 the minimums set forth in ~ 171-18 of this chapter. For a cluster development, permissible minimums shall be as follows:
(a) Without town sewer or water:
District |
Lot Area (square feet) |
Lot Width (feet) |
Frontage (feet) |
R-4 |
43,560 |
100 |
80 |
R-2 or I |
21,780 |
75 |
60 |
(b) With town sewer or water:
District |
Lot Area (square feet) |
Lot Width (feet) |
Frontage (feet) |
R-4 |
32,670 |
100 |
80 |
R-2 or I |
16,335 |
75 |
60 |
(c) With town sewer and water:
District |
Lot Area (square feet) |
Lot Width (feet) |
Frontage (feet) |
R-4 |
21,780 |
100 |
80 |
R-2 or I |
10,890 |
75 |
60 |
(2) Any lot having any part of its area within 100 feet of the boundaries of adjacent property shall meet the regular minimum requirements as to lot area and frontage as set forth in ~ 171-18 of this chapter.
(3) The lots in the subdivision shall be grouped in a cluster or clusters, and, within such clusters, the lots shall be contiguous. The maximum number of dwelling units in a cluster shall be 20.
(4) The total number of lots shall not exceed the number of lots into which the parcel of land could be legally subdivided under the provisions of ~ 171-18. In the absence of an alternative conventional plan, that number shall be estimated as being equal to 75% of the overall parcel area divided by the minimum lot area requirement for the zoning district as set forth in ~ 171-18.
(5) There shall be a minimum of two parking spaces per dwelling unit.
(6) All remaining land in the subdivision not included in building lots, road right-of-ways or required parking areas shall be designated common land, to be used for outdoor recreation, conservation or other compatible open-space use of land. In no case shall there be less than 5,000 square feet of usable recreational land per dwelling unit, exclusive of wetlands, streams or any other area subject to protection under the Massachusetts Wetlands Protection Act. Such usable recreational land shall not include parking space, roadways, walkways, laundry drying areas or yards required under this chapter. Further, such usable recreational land shall be in parcels of not less than two acres each, having not less than 50 feet of frontage on a roadway.
(7) The minimum width of common land between any cluster of lots and adjacent property shall be 100 feet. The minimum width of common land between every two clusters within the subdivision shall be 300 feet. Every lot that is reduced in area below the minimum area for the zoning district, as set forth in ~ 171-18, must abut such common land for a distance of at least 50 feet.
(8) Not more than 10% of such common land shall be devoted to paved areas and/or structures used for or as accessory to active outdoor recreation, consistent with open space uses of land as determined by the Planning Board.
(9) The total area of common land within the subdivision shall equal or exceed the sum of the areas by which any individual lots are reduced below the minimum lot area requirements of ~ 171-18.
(10) All common land preserved in accordance with this section shall be either deeded to and accepted by the Town of Great Barrington for park or open space use, conveyed to a nonprofit organization, the principal purpose which is the conservation of open space or conveyed to a corporation or trust owned or to be owned by the owners of lots or dwelling units within the cluster development. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or dwelling units. In any case in which such land is not conveyed to the town, the applicant shall record in the Southern Berkshire Registry of Deeds a restriction acceptable to the SPGA and the Town Counsel and enforceable by the town providing that such land shall be kept in an open or natural state and not built
upon for residential or other use nor developed for such accessory uses as parking and/or roadways. This restriction shall be provided before the special permit is granted and shall be recorded with the special permit.
(11) Subsequent to the granting of a special permit for any cluster development, no unsubdivided common land therein shall be sold and no lot line shall be changed so as to increase the number of lots or the extent of nonconformity with the provisions of ~ 171-18.
C. The following procedures shall be required for the presentation of a cluster development plan:
(1) The proposed development shall be in harmony with the Master Plan of the community, as adopted and amended by the Planning Board.
(2) Usable open space or common land shall be assured and maintained in accordance with the procedures prescribed in Subsection B.
(3) The development plan shall contain specific time periods within which development of each section of the cluster development will be started. Failure to start construction within those time periods may be cause for issuance of a stop-work order by the Inspector of Buildings and for a public hearing under the provisions of ~ 171-48 of this chapter, at which it shall be the responsibility of the special permit holder to show cause why the special permit for the cluster development should not be revoked.
(4) Plot plan.
(a) Before applying for a special permit hereunder, the applicant shall file with the Planning Board a preliminary plot plan of the entire tract, drawn to a scale adequate to represent all features of the property clearly, portraying:
[1] Layout and dimensions of all building lots.
[2] Locations and widths of all streets and access roads.
[3] Open space locations and dimensions.
[4] Location of major site features, such as existing stone walls, fences, large trees and rock outcroppings; all existing and proposed structures on the property; all existing and proposed driveways, walkways and parking areas; all bordering streets and/or highways; contours of elevation at intervals of no more than two feet; all existing and proposed wells and septic systems; drainage patterns; and other physical and topographical features of the property, including but not limited to streams, ponds and wetlands.
[5] An arrow indicating magnetic North.
(b) Said plan shall be identified as the preliminary land development plan (PLDP) and shall show sufficient data about the proposal to form a clear basis for discussion of the project and for preparation of the definitive land development plan (DLDP). Six copies of the PLDP shall be submitted by the applicant to the Planning Board, which shall set a date and time at which it will review the plan under its Subdivision Regulations. It shall, within five days of the receipt of the PLDP, notify the applicant, the SPGA, the Conservation Commission, the Board of Health and other town departments as it deems appropriate of the date and time of such meeting, and it shall transmit copies of the plans to said boards and departments. The review session shall be held not later than 35 days after receipt of
the PLDP by the Planning Board. During the meeting, town boards and departments may suggest revisions and additions to be incorporated by the applicant in the definitive land development plan. The definitive land development plan and special permit application shall be filed with the SPGA, which shall hold a hearing in accordance with the provisions of Article X of this chapter. The Planning Board shall also hold a public hearing in accordance with its Subdivision Regulations to determine the appropriateness of any roadways in the cluster development. The hearings may be held simultaneously if members of both boards so vote. The Planning Board's endorsement of the subdivision plan shall be in accordance with all provisions of its Subdivision Regulations.
(5) Each application for a special permit hereunder shall be accompanied by two locus maps showing the location of the property. One shall be an enlarged section of a United States Geological Survey Map, and the other shall be a copy of the current Great Barrington Zoning Map, each indicating the location of the property by arrow or other suitable mark.
(6) Each application shall be signed by the owner or owners of the property in question or, if the applicant is other than the owner of the property, shall be signed by the applicant and shall be accompanied by a letter from the owner authorizing the applicant to apply for the special permit. Said application shall also be accompanied by all appropriate fees. For the purposes of this section, an applicant shall be defined as a person, corporation, partnership or other legal entity having a legal or equitable interest in the property.
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