[Added 4-24-1987 ATM,
Art. 33; amended 4-28-1989 ATM,
Art. 21; 4-28-1995 ATM, Art. 28; 11-29-1999 STM, Art. 1]
[Editor's Note: This section replaces former § 125-14,
Critical Resource District, amended 4-25-1986 ATM, Art. 14, and 4-24-1987
ATM, Art. 33, which was repealed 11-29-1999 STM, Art. 1.]
A. Purpose - Special resource districts are the Prime Agricultural District,
the Critical Resource District and the Watershed District. The purpose
of special resource district provisions is to ensure that lands critical
to the environmental quality of the Town of Sunderland not be physically
developed prior to consideration of alternatives to such development.
The Prime Agricultural, Critical Resource and Watershed Districts,
as shown on the Zoning Map, shall be considered to be superimposed
over any other district established in this Zoning Bylaw.
B. Regulations - Land in any special resource district may be used as
otherwise permitted in the underlying district, subject to the following:
(1)
New buildings or structures or excavation, dredging or filling
of land shall be allowed within the Critical Resource District only
upon approval of a special permit by the Planning Board and only if
in conformity with the requirements of the underlying district. However,
additions, alterations and land excavation and filling incidental
to an existing residential use shall not be subject to the special
permit requirement. Accompanying the application for such permit shall
be three (3) copies of a report prepared by the applicant, in detail
commensurate with the scale of the proposed undertaking, outlining
the effect of the proposed action upon the environment. Such report
shall consider, where germane, surface and ground water hydrology,
water quality, soil erosion or stability, natural habitats, scenic
or historic environs and other environmental considerations. Copies
of the application and the report shall be transmitted to the Conservation
Commission by the Town Clerk within seven (7) days of the filing of
the application. The Planning Board shall not act upon the application
until receipt of recommendations from the Conservation Commission,
unless thirty-five (35) days elapse following receipt of the application
materials without receipt of such recommendations.
(2)
Major residential developments within the Watershed District,
Critical Resource District, or Prime Agricultural District shall be
allowed only upon approval of a special permit by the Planning Board
and only if in conformity with the requirements of the underlying
district. Accompanying the application for such permit shall be three
(3) copies of a report prepared by the applicant, in detail commensurate
with the scale of the proposed undertaking, outlining the effect of
the proposed action upon the environment. Such report shall consider,
where germane, surface and ground water hydrology, water quality,
soil erosion or stability, natural habitats, scenic or historic environs
and other environmental considerations. Copies of the application
and the report shall be transmitted to the Conservation Commission
by the Town Clerk within seven (7) days of the filing of the application.
The Planning Board shall not act upon the application until receipt
of recommendations from the Conservation Commission, unless thirty-five
(35) days elapse following receipt of the application materials without
receipt of such recommendations. In acting on major residential development
proposals, if the Planning Board determines that neither the basic
development proposal before it nor any submitted alternatives can
adequately protect agricultural activity, scenic views, habitats,
fragile natural environments or other critical environmental resources,
it may grant a special permit only upon the determination that nondevelopment
alternatives for utilization of site value have been reasonably pursued
and found to be infeasible, including transfer of development rights
or sale of land or rights to other organizations having land preservation
purposes.
[Amended 4-29-2011 ATM,
Art. 7]
(3)
With respect to a special permit application in a Special Resource
District, the Planning Board shall take one (1) of the following actions:
(a)
If the Planning Board finds that the proposal is consistent
with the purpose and all other requirements of this Zoning Bylaw,
and with the resource character of the land, the Planning Board may
grant a special permit without stipulation and no waiting period is
required.
(b)
If the Planning Board finds that the proposal is inconsistent
with the purpose and one (1) or more of the requirements of this Zoning
Bylaw, but measures can be taken to mitigate adverse impacts, then
a special permit may be granted which stipulates conditions to mitigate
adverse impacts to the resource area. In addition, a waiting period
of one hundred twenty (120) days is required for all major residential
development proposals in any Special Resource District and ninety
(90) days for all other uses in the Critical Resource District. The
waiting period shall start on the date the special permit is granted,
during which time no excavation, dredging or filling of land and no
erection of a building or structure shall take place. For major residential
development proposals or any action within the Critical Resource District,
the Town will have the opportunity to take a proposal(s) to Town Meeting(s)
to acquire part or all of the premises in question or for acquisition
of rights to protect the premises, during the required waiting period.
(c)
If the Planning Board finds the proposal inconsistent with the
purpose and requirements of this Zoning Bylaw, it may deny the request
for a special permit.
(4)
Land within a Special Resource District may be used to earn
Development Unit Credits (DUCs) for development to be located outside
the district through transferring of development rights.
C. Watershed District.
[Editor's Note: The 11-29-1999 STM, Art. 1, provided for the
renumbering of former § 125-16.2, Watershed District (added
4-28-1989 ATM, Art. 21, and amended 4-28-1995 ATM, Art. 28), as this
section.]
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(1)
Additional purposes - Additional purposes of the Watershed District
are to protect the health, safety and general welfare of Sunderland
residents by protecting and preserving groundwater and surface water
resources in Town, and by protecting the community from any use of
land or buildings which may pollute, contaminate or otherwise adversely
affect its drinking water resources. For any proposed development
in the Watershed District, a site plan prepared in accordance with
§ 125-Article VI-1-B, Site Plan Review, shall be submitted
to the Planning Board and Water Commissioners, with the following
information where applicable:
[Amended 4-29-2011 ATM,
Art. 7]
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels, and other potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use;
(b)
For those activities using or storing such hazardous materials,
a hazardous materials management plan shall be prepared and submitted
to the Fire Chief, Water Commissioners, and Board of Health for review
and comment. The plan shall include:
[1] Provisions to protect against the discharge of
hazardous materials or wastes to the environment due to spillage,
accidental damage, corrosion, leakage, or vandalism, including spill
containment and clean-up procedures;
[2] Provisions for indoor, secured storage of hazardous
materials and wastes with impervious floor surfaces;
[3] Evidence of compliance with the Massachusetts Hazardous
Waste Regulations 310 CMR 30.000; and
[4] Proposed down-gradient location(s) for groundwater
monitoring well(s) should the Planning Board deem the activity a potential
groundwater threat.
(2)
Additional regulations - The Watershed District is an overlay
district and shall be superimposed over other existing districts.
All uses, dimensional requirements and other provisions of the Sunderland
Zoning Bylaw applying to existing districts shall remain in force
and effect, except that where the Watershed District imposes greater
or additional restrictions and requirements, those restrictions and
requirements shall prevail. Any uses that are prohibited in existing
districts shall remain prohibited.
[Amended 4-29-2011 ATM,
Art. 7]
(3)
Applicability.
(a)
The "Watershed District" is defined as all those areas delineated
on the Sunderland Zoning Map, which shall be on file in the Selectmen's
office.
[Amended 4-29-2011 ATM,
Art. 7]
(b)
The boundaries of the district are described as:
[1] Northern boundary: the intersection of Garage Road
and Route 116. The boundary follows Garage Road east to the junction
of Garage Road and North Silver Lane, then north on North Silver Lane
to the junction of North Silver Lane and Middle Mountain Road, then
northeast on Middle Mountain Road one thousand (1,000) feet, then
due north one thousand five hundred (1,500) feet. The northern boundary
continues one thousand five hundred (1,500) feet north of Middle Mountain
Road to the junction with the Mt. Toby State Forest boundary, then,
follow the Mt. Toby State Forest boundary northeast to the Sunderland/Leverett
Town line.
[2] Eastern boundary: Mt. Toby State Forest boundary
and Sunderland/Leverett Town line. Follow the Sunderland/Leverett
Town line south to the intersection of the Sunderland/Leverett Town
line and the Sunderland/Amherst Town line.
[3] Southern boundary: intersection of Sunderland/Leverett
Town line and Sunderland/Amherst Town line. Follow the Sunderland/Amherst
Town line west to the intersection of the Sunderland/Amherst Town
line and Route 116.
[4] Western boundary: intersection of Route 116 and
Sunderland/Amherst Town line. Follow Route 116 north to the intersection
of Route 116 and Garage Road.
(4)
Dimensional requirements - The minimum lot area for all uses
is three (3) acres. Lots shall have two hundred (200) feet of frontage
on a street, as defined in § 125-Article I-2, Definitions,
except that lots within the Watershed District, having two hundred
(200) feet of frontage on Route 116, Bull Hill Road or East Plumtree
Road, shall be permitted with a minimum lot size of thirty-two thousand
(32,000) square feet.
(5)
Location - If any portion of a proposed residential building
lot lies within the Watershed District, then the lot shall be subject
to the dimensional requirements and restrictions of the Watershed
District.
[Amended 4-28-2000 ATM,
Art. 47]
(6)
Prohibited uses:
[Amended 4-29-2011 ATM,
Art. 7]
(a)
Commercial or other uses which manufacture, process, generate,
treat, store or dispose of hazardous wastes that are subject to MGL
c. 21C and 310 CMR 30.000 except for:
[1] Very small quantity generators as defined under
310 CMR 30.000;
[2] Household hazardous waste centers and events under
310 CMR 30.390;
[3] Waste oil retention facilities required by MGL
c. 21, § 52A;
[4] Water remediation treatment works approved by DEP
for the treatment of contaminated waters.
(b)
Commercial or other uses, except agricultural uses, which involve
the use, handling or storage of hazardous materials, including but
not limited to trucking or busing terminals; car or truck washes;
gasoline sales; motor vehicle service and repair shops; golf courses;
slaughterhouse; or wood preserving, furniture stripping and refinishing
operations.
(c)
Commercial or other uses which involve dry cleaning, photo processing,
beauty parlors, printing operations or research laboratories.
(d)
Activities that involve the handling of toxic or hazardous materials
in quantities greater than those associated with very small quantity
generators permitted in the underlying zoning.
(e)
Petroleum, fuel oil, and heating oil bulk stations and terminals,
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5983 and 5171, not including liquefied
petroleum gas.
(f)
Solid waste landfills, dumps, junk and salvage yards including
automobile graveyards and automobile junkyards.
(g)
Commercial or other uses which involve the on-site disposal
or process wastes from operations other than personal hygiene and
food preparation for residents, patrons and employees.
(h)
Storage or disposal of liquid or leachable wastes, except for:
[1] The installation or enlargement of a subsurface
waste disposal system for a residential dwelling.
[2] Normal agricultural operations.
[3] Commercial or other uses which involve only the
on-site disposal of wastes from personal hygiene and food preparation
for residents, patrons and employees.
(i)
Underground storage of oil, gasoline or other petroleum products,
excluding liquefied petroleum gases.
(j)
Outdoor storage of salt, de-icing materials, fertilizers and/or
pesticides.
(k)
The dumping of snow contaminated by salt or de-icing chemicals.
(l)
The rendering impervious by any means of more than fifteen percent
(15%) of the area of any single residential lot, except for weed control
in an agricultural operation. Lots within the Watershed District having
two hundred (200) feet of frontage on Route 116, Bull Hill Road or
East Plumtree Road shall be allowed a 25% threshold.
(m)
Removal of natural and existing vegetation except for:
[1] Removal of vegetation for a house site on a building
lot must be minimized and in no case shall exceed twenty-five percent
(25%) of the lot area. Exceptions may be granted for lots requiring
only thirty-two thousand (32,000) square feet, through a special permit.
[2] Intensive use of land for agricultural purposes
(including annual cultivation) is permitted, but generally accepted
agricultural practices must be followed.
[3] Harvesting of timber or more than ten (10) cords
of firewood is permitted, provided that a DCR-approved forest cutting
plan is filed with the Town Clerk.
[4] Removal of ground cover, such as sod and brush
[woody plants less than five (5) inches diameter at breast height
(DBH)] is permitted for development of gravel mining operations. Gravel
operations may not be developed or expanded into forest areas of the
Watershed Protection District.
(n)
The use of privately owned wastewater treatment plants, except
for those required to support a flexible development meeting the requirements
of § 125-Article IV-1, Flexible Development. Such privately
owned wastewater treatment plants in a flexible development must meet
all the requirements of the Department of Environmental Protection
and the Sunderland Board of Health.
(7)
Drainage - All runoff from impervious surfaces shall be recharged
on the site by either being diverted to areas covered with vegetation
for surface infiltration to the extent possible or through on-site
subsurface footing drains. However, in a permitted commercial setting,
drainage may be into a municipal storm drain after consultation with
the DPW Director to ensure proper pipe sizing, pretreatment and mitigation
of any downstream impacts. Dry wells and storm drains shall be preceded
in the drainage path by oil, grease and sediment traps to facilitate
removal of contaminating materials as identified in DEP's Stormwater
Regulations. Low-impact development (LID) techniques are strongly
encouraged for all uses.
[Amended 4-29-2011 ATM,
Art. 7]
(8)
Restricted uses - Restricted uses are uses permitted under the
following conditions and terms:
(a)
Excavation for removal of earth, sand, gravel and other soils
shall not extend closer than ten (10) feet above the mean maximum
groundwater table for that area. This restriction shall not apply
to activities incidental to permitted uses, including but not limited
to providing for the installation or maintenance of building foundations,
freshwater ponds, utility conduits or on-site sewage disposal. Within
one (1) year of the receipt of a special permit to excavate or prior
to the removal of any materials, whichever shall occur first, the
owner of the excavation enterprise shall engage a registered professional
engineer to determine the mean maximum groundwater tables for the
site. A report of this finding shall be filed with the Zoning Enforcement
Officer and Board of Health within thirty (30) days, and in no case
later than the beginning of excavation. Existing permitted excavation
operations shall so file within one hundred eighty (180) days of the
passage of this section. The report shall be stamped, sealed and signed
by a registered professional engineer and shall include a map of the
site detailing the mean maximum groundwater table elevations, which
shall serve as a base map for further reports required under this
section. Between March 1 and May 30 of each year of operation of a
commercial facility which has excavated or removed earth, sand, gravel
or other soils in the previous year for any purpose other than the
installation or maintenance of building foundations, freshwater ponds,
utility conduits or on-site sewage disposal, the owner shall employ
a registered professional engineer to do a site inspection and certified
report concerning the maximum depth of removal or excavation relative
to the maximum groundwater table. The Zoning Enforcement Officer and
a representative of the Board of Health shall accompany the engineer
on the site examination. The report shall be stamped, sealed and signed
by a registered professional engineer. A written report of the engineer's
findings shall be filed with the Zoning Enforcement Officer and Board
of Health, a total of two (2) copies, within thirty (30) days of site
inspection. The certified report shall contain a diagram of the property
and depths of excavation to mean maximum groundwater table throughout
the affected area.
(b)
Access roads for sand and gravel operation sites shall include
a gate or other secure mechanism to restrict public access to the
site.
(c)
The use of road salt for ice control shall be minimized, consistent
with public safety requirements.
(d)
Fertilizers, pesticides, animal manure, or other leachable materials
shall be stored within a structure designed to prevent the generation
and escape of contaminated runoff or leachate.
[Amended 4-29-2011 ATM,
Art. 7]
(e)
All necessary precautions shall be taken to prevent hazardous
concentrations of such leachable materials in the water and on the
land within the Watershed District as a result of application or other
use. Such precautions include but are not limited to erosion control
and related soil conservation techniques; the control of runoff water;
the prevention of volatilization (evaporation) and redeposition of
pesticides outside the area of application from wind drift.
(f)
Aboveground storage tanks, including tanks within the basement
of a building for oil, gasoline or other petroleum products, shall,
in the case of new construction, be protected from the environment
and placed on a diked impermeable surface designed to capture the
overflow of 110% of the capacity of the above ground storage tank,
in order to prevent spills or leaks from reaching groundwater. Such
surface may include the basement of a structure if such basement conforms
to all the requirements herein. Floor faults shall be plugged to prevent
discharges or leaks. No floor drains shall be allowed, only sump pumps
to allow for pumped removal of any spilled materials into a contained
and impermeable vessel for removal purposes. When replacing tanks
in existing structures, people are encouraged to conform to these
regulations.
[Amended 4-29-2011 ATM,
Art. 7]
(g)
It is recommended that all tilled lands in agricultural use
have a crop or cover crop established over them year round.
[Amended 4-13-1993 STM,
Art. 41; 11-29-1999 STM, Art.
1]
A. Accessory Uses - Any use which is, in Franklin County, customarily accessory and incidental to a permitted principal use shall be allowed on the same lot with said principal use, or on a lot adjacent thereto in the same ownership, subject to the general limitation that it shall not be detrimental to the neighborhood or to other property in the vicinity, and subject further to the following provision: whenever a principal use is allowed by special permit from the Board of Appeals or the Planning Board then the accessory use to the principal use shall be subject to a special permit, unless otherwise provided for in this Article
II, Use and Dimension Regulations.
B. Home Occupations - A business or profession may be engaged in by
a resident of that dwelling if conforming to the following conditions:
(1)
The occupation or profession shall be carried on wholly in the
principal building or other structure accessory thereto.
(2)
No more than twenty-five percent (25%) of the floor area of
the residence shall be used for the purpose of the home occupation,
nor more than thirty-five percent (35%) of the combined floor area
of the residence and any accessory structure used in the home occupation.
(3)
The home occupation shall be accommodated within an existing
structure without extension thereof and without construction of any
new accessory structure.
(4)
Not more than one (1) person, not a member of the household,
shall be employed on the premises in the home occupation.
(5)
Except for a permitted sign, there shall be no exterior display,
no exterior storage, no exterior indication of the home occupation
or other variation from the residential character of the premises
and no exterior parking of more than one (1) home business vehicle.
Parking and/or garaging of a vehicle in excess of fifteen thousand
(15,000) pounds GVW is by special permit only. See also § 125-Article
III-1, Parking and Loading Requirements.
[Amended 4-28-2000 ATM,
Art. 50]
(6)
No offensive or inappropriate noise, vibration, smoke, dust,
odor, heat or glare shall be produced by the home occupation.
(7)
Traffic generated shall not exceed volumes normally expected
in the specific residential neighborhood of the home occupation in
question.
(8)
Parking generated shall be accommodated off-street, other than
in the required front yard, and shall not occupy more than fifteen
percent (15%) of the lot area.
(9)
There shall be no retailing of articles not produced on the
premises, unless incidental to another allowed use.
(10)
Home occupations shall be registered annually with the Building
Inspector, and an annual licensing fee of ten dollars ($10.00) shall
be paid to the Town of Sunderland, care of the Building Inspector.
C. Animals - Horses and other animals, including pigs, chickens and
other farm animals, used for noncommercial or for agricultural purposes
may be stabled (as an accessory use) within any district with a special
permit from the Board of Appeals, provided that such animals are stabled
at least twenty-five (25) feet from all property lines.
D. Accessory Scientific Uses - Uses, whether or not on the same parcel
as activities permitted as a matter of right, accessory to activities
permitted as a matter of right, which activities are necessary in
connection with scientific research or scientific development or related
production, may be permitted upon the issuance of a special permit
by the Board of Appeals, provided that the Board finds that the proposed
accessory use does not substantially derogate from the public good.
E. Accessory Structures - Accessory structures may not be placed within
required yards except in the Rural Residential District as indicated
in § 125-Article II-3-E, Dimensional Schedule.