§ 301-4.1.1. 
Allowed occupations.
1. 
Home occupations shall be allowed without need for a special permit only if meeting all of the following:
a. 
The occupation shall be operated by a person residing on the premises. At no time shall there be more than one employee present on the premises who is not also a resident thereon.
b. 
There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernible at the boundaries of the premises, except for a sign as permitted by § 301-3.1 or for display of produce raised on the premises.
c. 
Any exterior storage of materials or equipment or business-related parking shall be so located and so screened (through location, grade, or vegetative screening), as to be in compliance with § 301-4.1.1.1.b above.
d. 
Not more than two vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises.
e. 
Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours, and other traffic characteristics.
2. 
The occupation shall be conducted within a dwelling, with no use of accessory structures except for parking or incidental storage in an existing accessory structure.
§ 301-4.1.2. 
Occupation on special permit.
1. 
A special permit from the Board of Appeals may authorize any or all of the following for a home occupation:
a. 
Employment on the premises of two or more persons not resident thereon. Not more than three such persons shall be authorized except when, because of the circumstances of the location or the occupation, such additional employment will not adversely affect the neighborhood.
b. 
Reasonable modification of the limitation in § 301-4.1.1.1.b above.
c. 
Parking or outside storage not capable of being located and screened as required by § 301-4.1.1.1.b above.
d. 
Parking of vehicles other than as allowed under § 301-4.1.1.1.d above.
e. 
Activity likely to result in more traffic allowed under § 301-4.1.1.1.e above.
f. 
Use of an existing accessory structure for other than parking or incidental storage.
g. 
Storage or equipment or materials on premises other than the residence of the operator.
2. 
Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated.
§ 301-4.1.3. 
Enforcement.
1. 
A certificate of use and occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation.
2. 
Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter 40A, § 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended.
§ 301-4.2.1. 
Procedures. Applications for a special permit for multifamily dwellings shall be accompanied by eight copies of drawings indicating schematically the types of information required for Site Plan Review (see 1.2.5.3[1]). Upon receipt, one copy each of the application and drawings shall be transmitted by the Board of Appeals to the Select Board, Planning Board, Conservation Commission, Board of Health, and Department of Public Works for their advisory review. As specified in Chapter 40A, § 11, Massachusetts General Laws, as amended, failure of any such board or agency to make recommendations within 35 days of receipt of the materials shall be deemed lack of opposition thereto.
[1]
Editor's Note: See § 301-6.4.
§ 301-4.2.2. 
Dimensional requirements.
1. 
Lot area. Minimum lot area shall be not less than the greater of: (i) five acres; or (ii) the following minimum lot area per dwelling unit multiplied by the number of dwelling units shall not be less than the following:
District
Neighborhood Residence: 10,000 square feet1
Rural Residence and Farming: 15,000 square feet1
NOTES:
1
Notwithstanding the provisions of § 301-4.2.2.1, the lot area per dwelling unit for any multifamily dwelling consisting of only two units shall be 20,000 square feet per dwelling unit.
2. 
Other requirements. All other dimensional requirements of § 301-2.5 shall apply, except as provided in § 301-4.2.3.
§ 301-4.2.3. 
Design requirements. The purposes of these design requirements are to ensure that multifamily dwellings and developments are consistent in scale and site design with the single-family residential character of the Town of Sterling; to protect the environment; to ensure traffic and pedestrian safety; and to minimize visual impacts.
1. 
Site design.
a. 
All dwellings and structures shall be located a minimum of 200 feet from adjacent properties and public ways; provided, however, that any multifamily dwelling consisting of only two dwelling units shall be located a minimum of 40 feet from adjacent properties and public ways. The Board of Appeals may authorize the setback reduction to a minimum of 100 feet upon its determination that existing natural vegetation and/or proposed plantings provide a protective visual screening.
b. 
Principal buildings on a lot of single ownership shall be no less than 100 feet apart from each other; provided, however, principal multifamily buildings consisting of only two dwelling units shall be no less than 15 feet apart from each other.
c. 
Peak stormwater runoff from the site shall not be increased in a ten-year storm.
2. 
Building design.
a. 
No structure shall contain more than eight dwelling units, and no building entrance shall serve more than two dwelling units.
b. 
Not more than 5% of the dwelling units in a multifamily development shall have more than two bedrooms.
c. 
No floor except an unoccupied basement shall be below grade at its entire perimeter.
3. 
Circulation and parking.
a. 
No parking area shall contain more than 16 parking spaces. All parking areas shall be connected to the structures by walkways.
b. 
All parking areas shall conform to the design requirements set forth in § 301-3.2.4; and all parking areas, loading areas, and refuse disposal areas shall conform to the landscaping requirements set forth in § 301-3.2.6. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible.
c. 
Any road or driveway serving 12 or more dwelling units shall have at least 250 feet visibility in each travel direction, and shall be separated from all other driveways or intersecting streets by at least 150 feet.
d. 
Interior roads and utilities shall provide service functionally equivalent to that assured individual lots under the Planning Board's Subdivision Rules and Regulations.
4. 
Open space.
a. 
At least 60% of the parcel shall be maintained as open space, and at least 40% of the parcel shall be contiguous open space, excluding required yards and buffer areas.
b. 
The required open space shall be used for conservation, recreation, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purpose.
c. 
Underground utilities to serve the development may be located within the required open space.
5. 
Exterior lighting.
a. 
Outdoor lighting fixtures shall be cut-off type, mounted no higher than 15 feet, and oriented and shielded to avoid glare on adjoining properties.
b. 
Plantings or other screening shall be used to block headlight glare from drives and parking lots onto adjoining premises.
c. 
No buildings shall be floodlit.
§ 301-4.2.4. 
Decision. In deciding on a special permit for multifamily dwellings, the following more detailed criteria shall be used in addition to those in Section 1.6.[2] Such special permit shall be granted only if the Board of Appeals determines that the proposal would serve Town interests better than would single-family development of the same area, considering the following:
1. 
Municipal costs and revenues.
2. 
Effect of the range of available housing choice.
3. 
Service to identified housing needs.
4. 
Service to current Sterling residents.
5. 
Support for local business activity.
6. 
Impact on the natural environment.
7. 
Impact on traffic safety and congestion, adequacy of water service, and the need for school facilities.
8. 
Impacts on the visual environment through preservation or displacement of visual assets, and consistency with existing development in the area.
[2]
Editor's Note: See § 301-4.2.
[1]
Editor's Note: Former § 301-4.3, Rate of development, was repealed 6-14-2021 ATM by Art. 36, approved 12-10-2021.
[1]
Editor's Note: Former § 301-4.3A, Subdivision phasing, was repealed 6-14-2021 ATM by Art. 37, approved 12-10-2021.
§ 301-4.4.1. 
District establishment.
1. 
The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code dealing with construction in floodplains.
2. 
The Floodplain District includes all special flood hazard areas designated as Zone A, A1-30 on the Sterling Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps, Community-Panel Numbers 250336, 0001-0013, effective June 15, 1982, on file with the Town Clerk, Planning Board and Building Inspector. These maps as well as the accompanying Sterling Flood Insurance Study are incorporated herein by reference.
§ 301-4.4.2. 
Development regulations. The following requirements apply in the Floodplain District:
1. 
Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code.
2. 
In the floodway designated on the Flood Boundary and Floodway Map, the following provisions shall apply:
a. 
All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.
b. 
Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code.
c. 
The placement of mobile homes, except in an existing mobile park or mobile home subdivision is prohibited.
3. 
Within the Zone A1-30, for new or substantially improved mobile home parks or subdivisions and for mobile home placement not in existing mobile home parks and subdivisions, the following provisions shall apply:
a. 
Stand or lots are elevated on compacted fill or pilings so that the lowest floor of the mobile home will be at or above the base flood level.
b. 
Adequate surface drainage and access for a hauler are provided.
c. 
In the instance of elevation and pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart, and reinforcement is provided for piers more than six feet above the ground level.
§ 301-4.5.1. 
Purpose. The Stillwater River Protection District is herein established as an overlay district. The purpose of this bylaw is the preservation of the Stillwater River, the protection of wildlife and river resources and other public interests protected by the Wetlands Protection Act (Chapter 131, §§ 40 and 40A, Massachusetts General Laws, as amended, and 310 CMR 10.00).
§ 301-4.5.2. 
Determination. Any person desiring to know whether or not a proposed activity or an area is subject to this bylaw may request a determination from the Conservation Commission in writing. The Conservation Commission shall issue its determination, in writing, within 21 days from the receipt of such request. The Conservation Commission, its agent, officers and employees, may enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this bylaw and may make or cause to be made such examination or survey as deemed necessary.
§ 301-4.5.3. 
Geographical applicability.
1. 
This bylaw shall apply to the waters of Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond within the Town of Sterling and a buffer extending 100 feet landward from each bank (as defined by 310 CMR 10.00) of the Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond.
2. 
This bylaw shall also apply to a buffer extending 100 feet landward of the edge of the wetlands (as defined by 310 CMR 10.00) contiguous to the Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond. The wetlands are those included in Zone A and Zone A5 on the Sterling Flood Insurance Rate Maps (FIRM) Community-Panel Numbers 250336 0011-0013, effective June 15, 1982.
3. 
Excluded are Babcock Brook and its contiguous wetlands further than 1,100 feet from its junction with the Stillwater River, Rocky Brook and its contiguous wetlands further than 1,000 feet from its junction with the Stillwater River and all other feeder streams and brooks not in Zone A or Zone A5 of the above FIRM maps. Any areas within Zone A or Zone A5 which are not wetlands are also excluded.
§ 301-4.5.4. 
Prohibited uses in any area affected by this bylaw.
1. 
No structure of any kind may be located within the area subject to this bylaw with the exception of docks which may be constructed, with prior approval of the Sterling Conservation Commission, in keeping with state and local law.
2. 
No dumping, filling, removing of material or dredging, except as may be required for the maintenance of Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond; any such maintenance will be subject to the prior approval of the Sterling Conservation Commission.
3. 
There will be no clear cutting of existing vegetation and no more than minimal disruption of wildlife habitats. However, this section shall not apply in cases where the Conservation Commission determines that its application would adversely affect the purposes of Chapter 131, § 40, Massachusetts General Laws, as amended.
§ 301-4.5.5. 
Existing uses. Any existing structure or use of such structure lawful at the effective date of this bylaw may continue although such structure or use does not conform to this bylaw. Any existing structure may be repaired, maintained and improved but in no event made larger. Any nonconforming structure which is destroyed may be rebuilt on the same location but no larger than the original overall square footage.
§ 301-4.5.6. 
Hardship. To avoid undue hardship, nothing in this bylaw shall be deemed to require a change in the design, construction or intended use of any structure with respect to which a building permit was legally granted prior to the effective date of this bylaw. Such construction must be substantially completed within a period of two years from the effective date of this bylaw, or such construction shall be required to conform to this bylaw.
§ 301-4.5.7. 
Exceptions. Any owner of a lot which is buildable at the time of the effective date of this bylaw but which is made unbuildable due to said bylaw may apply to the Board of Appeals for a variance within three years of the effective date of this bylaw.
§ 301-4.5.8. 
Powers. Nothing contained in this bylaw is intended to override, restrict, impede or otherwise invalidate any of the rules, regulations, laws or by-laws, etc., of the Sterling Conservation Commission, the Town of Sterling, or the Commonwealth of Massachusetts which pertain to the subject matter of this bylaw. Unless otherwise indicated, this Stillwater River Protection District by-law shall govern and supersede all other provisions of the Zoning Bylaw as applied within the geographically applicable areas of this bylaw.
§ 301-4.5.9. 
Savings clause. If any section or part thereof of this bylaw is held to be invalid the remainder of this bylaw shall not be affected thereby.
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021; 6-14-2021 ATM by Art. 44, approved 12-10-2021]
§ 301-4.6.1. 
Purpose. The purposes of this section, in addition to those enumerated in Article 1 of the Town of Sterling Protective Bylaws are to:
1. 
Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the Town of Sterling;
2. 
Preserve and protect existing and potential sources of drinking water;
3. 
Conserve natural resources in the Town of Sterling; and
4. 
Prevent temporary and permanent contamination of the environment.
§ 301-4.6.2. 
Scope of authority. The Groundwater Protection District (GWPD) is an overlay district(s) superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction (any construction totaling 50% or more of the assessed value of an existing structure), or expansion of existing buildings and new or expanded uses. Compliance with this bylaw applies only to the portion of the lot or parcel that falls within the Groundwater Protection District. Uses prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection Districts.
§ 301-4.6.3. 
Definitions.
AQUIFER
A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
CMR
Code of Massachusetts Regulations.
COMMERCIAL FERTILIZER
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by state regulations.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, pouring, or placing of toxic or hazardous material or hazardous waste upon or into any land or water such that it may enter the surface or groundwaters.
DRY WELL
A subsurface pit with open-jointed lining or holes through which stormwater drainage from roofs, basement floors, foundations or other areas seep into the surrounding soil.
GROUNDWATER PROTECTION DISTRICTS
The land area consisting of aquifers and Town of Sterling Zone II recharge areas as identified on a map and adopted pursuant to this bylaw.
HAZARDOUS MATERIAL
Any substance in any form which because of its quantity, concentration, or its chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with one or more substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment when improperly stored, treated, transported, disposed of, used, or otherwise managed. "Hazardous material" includes, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as toxic or hazardous under MGL c. 21E. This term shall not include hazardous waste or oil.
HAZARDOUS WASTE
A substance or combination of substances which, because of quantity, concentration, or physical, chemical or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. This term shall include all substances identified as hazardous pursuant to the Hazardous Waste Regulations, 310 CMR 30.000.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
IMPERVIOUS SURFACE
Material or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.
INTERIM WELLHEAD PROTECTION AREA (IWPA)
The MassDEP designated protection radius around a public water well that lacks a Zone II.
LANDFILL
A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to the Solid Waste Regulations, 310 CMR 19.006.
MASSDEP
Massachusetts Department of Environmental Protection.
MGL
Massachusetts General Law.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in 310 CMR 15.004(6).
OPEN DUMP
A facility operated or maintained in violation of the Resource Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or state regulations and criteria for solid waste disposal.
PETROLEUM PRODUCT
Includes, but not limited to, fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
RECHARGE AREAS
Land areas, such as a Zone II or Interim Wellhead Protection Area, where precipitation and surface water infiltrates into the ground to replenish groundwater and aquifers used for public drinking water supplies.
SEPTAGE
The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. This term shall not include any material that is a hazardous waste, as defined by 310 CMR 30.000.
SLUDGE
The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment including wastewater residuals. This term shall not include grit, screening, or grease and oil which are removed at the head-works of a facility
SMALL QUANTITY GENERATOR
As defined in 310 CMR 30.000. Any public or private entity, other than residential, which generates between 100 kilograms and 1,000 kilograms a month of hazardous waste or waste oil and/or less than one kilogram acutely hazardous waste as defined in 310 CMR 30.136. The waste must be shipped in 90 days and accumulation is limited to 6,000 kilograms in tanks and containers for no more than 180 days.
TREATMENT WORKS
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
UTILITY WORKS
Regulated activities providing for public services, including roads, water, sewer, electricity, gas, telephone, transportation and their associated maintenance activities. This term shall include the installation of detention and retention basins for the purpose of controlling stormwater.
VERY SMALL QUANTITY GENERATOR
As defined in 310 CMR 30.000. Any public or private entity, other than residential, which generates less than 100 kilograms a month of hazardous waste or waste oil, generates no acutely hazardous waste as defined in 310 CMR 30.136 and accumulates no more than 1,000 kilograms at any one time.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A, § 301-4.7.4.
ZONE II
The delineated recharge area to a public drinking water well as approved by MassDEP and defined under the Massachusetts Drinking Water Regulations, 310 CMR 22.00.
§ 301-4.6.4. 
Establishment and delineation of Groundwater Protection Districts.
1. 
The Groundwater Protection Districts are all land areas in the Town of Sterling which overlie those portions of the aquifer which have a potential well yield greater than 100 gallons per minute as shown in the USGS Hydrological Investigation Atlas 276 (Water Resources of the Nashua and Souhegan River Basins, Massachusetts, by Richard A. Brackley 1977), and any future refinements thereof.
2. 
The Groundwater Protection Districts are all land areas in the Town of Sterling which are within either a delineated Town of Sterling Water Department Zone II or are within a one-half-mile radius of an existing municipal well which has no delineated Zone II.
3. 
The boundaries of the districts, as presented on any plan, must meet the approval of the Planning Board. Where bounds as delineated are in doubt or in dispute, the burden of proof shall be on the owner(s) of the land in question to show where they should properly be located.
§ 301-4.6.5. 
District boundary disputes.
1. 
If the location of the Groundwater Protection District in relation to a particular parcel is in doubt, resolution of the boundary dispute shall be through a special permit application to the special permit granting authority. Any application for a special permit for this purpose shall be accompanied by adequate documentation.
2. 
Burden of proof shall be upon the land owner to demonstrate that the location of the Groundwater Protection District with respect to a particular parcel(s) of land is uncertain. At the request of the land owner, the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the Groundwater Protection District with respect to a particular parcel(s) of land, and may charge the owner for the cost of the investigation.
§ 301-4.6.6. 
Uses regulations. Within the Groundwater Protection Districts, the requirements of the underlying districts continue to apply except as modified in Table 4.6.6 below. In Table 4.6.6, uses which are prohibited are indicated with an "N," uses which require a special permit are indicated with an "SP" and uses which are permitted are indicated with a "Y."
Table 4.6.6
Groundwater Protection Districts Use Regulation
Type of Use
GWPD
1
Landfills and open dumps.
N
2
Automobile graveyards and junkyards.
N
3
Landfills receiving only wastewater residuals and/or septage, including those approved by MassDEP pursuant to MGL c. 21, §§ 26 through 53, MGL c. 111, § 17, and MGL c. 83, §§ 6 and 7.
N
4
Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, except for the following:
N
a.
Very small generators as defined under 310 CMR 30.000;
Y
b.
Small generators as defined under 310 CMR 30.000;
SP
c.
Household hazardous waste centers and events under 310 CMR 30.390;
Y
d.
Waste oil retention facilities required by MGL c. 21, § 52A;
Y
e.
Water remediation treatment works approved by the MassDEP for the treatment of contaminated waters.
Y
5
Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under North American Industry Classification System (NAICS) Codes 424710 and 454311, except for liquefied petroleum gas.
N
6
Storage, use or production of liquid or solid hazardous materials or liquid petroleum products, except for the following:
N
a.
Within a building, or other structure, above ground level and on an impervious surface which by design* will contain any release, or storage which is within an aboveground double walled container capable of containing 110% of the primary container's contents and with additional precautionary measures to protect from vandalism, corrosion, or other environmental factors and whose piping and/or other related equipment includes similar safeguards;
Y
b.
Outdoors in covered container(s) above ground level and on an impervious surface or aboveground tank(s) on an impervious surface which by design* will contain any release, or storage which is within an aboveground double walled container capable of containing 110% of the primary container's contents and with additional precautionary measures to protect from vandalism, corrosion, or other environmental factors and whose piping and/or other related equipment includes similar safeguards;
Y
c.
Approved portable containers related to normal building and property use;
Y
d.
Emergency electrical generators required by statute, rule or regulation;
Y
e.
Treatment works approved by the MassDEP designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground- or surface waters;
Y
f.
Building heating;
Y
g.
Waste oil retention facilities required by MGL c. 21, § 52A; and
Y
Provided that such storage listed in d, e, f and g are within a building, or other structure, which by design* will contain any release, or storage which is within an aboveground double walled container capable of containing 110% of the primary container's contents and with additional precautionary measures to protect from vandalism, corrosion, or other environmental factors and whose piping and/or other related equipment includes similar safeguards.
7
Storage of sludge and septage as defined in 310 CMR 32.05, except for the following:
N
a.
Storage must be in compliance with 310 CMR 32.30 and 32.31.
Y
8
Discharge to the ground of nonsanitary wastewater, including industrial and commercial process wastewater, except for the following:
N
a.
The replacement or repair of an existing treatment works that will not result in an increase in design capacity of the existing treatment works;
Y
b.
Treatment works approved by MassDEP designed for the treatment of contaminated ground- or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and
Y
c.
Publicly owned treatment works.
Y
9
Individual sewage disposal, except for the following:
N
a.
Systems designed in accordance with 310 CMR 15.00 having the leaching area of the system a minimum of 6 feet above the high groundwater elevation as measured in accordance with 310 CMR 15,101, 15.102 and 15.103.
Y
10
Outdoor storage of deicing chemicals (such as but not limited to sodium chloride, calcium chloride, etc.) and chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, except for the following:
N
a.
Where enclosed to prevent generation and escape of contaminated runoff or leachate.
Y
11
Storage of animal manure, except for the following:
N
a.
Quantities generated on site incidental to household garden use. Storage must be covered and contained in accordance with specification of the United States Soil Conservation Service;
Y
b.
Quantities generated off site.
N
12
Storage of commercial fertilizers, except for the following:
N
a.
Where covered to prevent generation and escape of contaminated runoff or leachate.
Y
13
Stockpiling and disposal of snow and ice that contains deicing chemicals that is imported from outside the Groundwater Protection Districts.
N
14
The removal of soil, loam, sand, gravel or any other mineral substances within 6 feet of the historical high groundwater table elevation. Excavations for the construction of building foundations, the installation of utility works, and the dredging or maintenance of water bodies and drainage systems are permitted without a special permit.
SP
15
Floor drain systems located in a hazardous material or hazardous waste process area or hazardous material of hazardous waste storage area within a commercial or industrial facility and which discharges to the ground without a MassDEP permit or authorization. Any existing facility with such a system shall be required to either seal the floor drain in accordance with the State Plumbing Code, 248 CMR 10.00, connect the drain to a municipal sewer system (with all appropriate permits and pretreatment), or connect the drain to a holding tank meeting the requirements of all appropriate MassDEP regulations and policies.
N
NOTES:
*
Town of Sterling may require documentation to be submitted by the owner/operator with regards to the integrity of such design.
§ 301-4.6.7. 
Additional requirements for permitted uses.
1. 
All runoff from impervious surfaces or otherwise due to industrial and commercial development, or due to the construction of new roads, shall be recharged on site by being diverted to stormwater infiltration basins covered with natural vegetation for surface infiltration to the greatest extent possible, or as otherwise directed by the Planning Board. Dry wells and leaching catch basins, when allowed by the Planning Board, must be preceded by oil, grease and sedimentation traps to facilitate removal of contaminants. Commercial and industrial infiltration and recharge structures shall be kept permanently in full working order by the owner of the site. A maintenance report for the operation of the recharge system(s) shall be submitted annually to, and approved by, the Planning Board and Conservation Commission to assure that the methods used for on-site recharge and infiltration remain effective.
2. 
All lawful uses not prohibited by § 301-4.6 which are wholly or partially within the areas regulated by § 301-4.6 and which are required to undergo site plan review under § 301-6.4 of the Town of Sterling Protective Bylaw must conform to the following as part of that site plan review:
a. 
The site plans must delineate the boundaries of the Groundwater Protection District(s);
b. 
The plans will state the proposed use(s);
c. 
The Planning Board must be satisfied that the project has been designed to eliminate any significant threat of contamination to the groundwater. In making such a determination, the Planning Board shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree and threat to water quality which would result if the control measures fail. Any modifications, deletions or additions to the plans required by the Planning Board for the purposes of insuring protection of the groundwater must be made prior to the issuance of any building permit or certificate of use and occupancy.
§ 301-4.6.8. 
Preexisting uses and structures.
1. 
Structures. Any existing structure, or use of such structure, lawful on the effective date of this § 301-4.6 may continue although such structure does not conform to the requirements of this § 301-4.6. Any such existing structure may be repaired, enlarged, maintained and improved; however, any enlargement greater than a one-time enlargement of 2,500 square feet or less must conform to the regulations contained in this § 301-4.6.
2. 
Uses. Any existing use lawful on the effective date of this § 301-4.6 may continue although such use does not conform to the requirements of this § 301-4.6. Any change, expansion, extension or repair of such nonconforming use must, however, conform to the regulations contained in this § 301-4.6, and must conform as much as possible, in the opinion of the Planning Board, to the regulations contained in this section and to the regulations of the Town of Sterling.
3. 
Hardship. To avoid undue hardship, nothing in this § 301-4.6 shall be deemed to require a change in the design, construction or use of any structure with respect to which a building permit was legally issued prior to the effective date of this § 301-4.6 and such building permit had not lapsed prior to the start of construction.
§ 301-4.6.9. 
Special permit procedures. Special permits required under this § 301-4.6.9 shall be in addition to, and separate from, any other special permit required under any article of this Zoning Bylaw or any other law or regulation. The Town of Sterling Planning Board is hereby established as the special permit granting authority under § 301-4.6, Groundwater Protection Districts. Special permits required under this § 301-4.6 shall be issued in accordance with § 301-6.3 of the Zoning Bylaw, and in accordance with the additional requirements specified below:
1. 
Special permit requirements. A special permit shall only be granted if the permit granting authority determines that the intent of this by law as well as its specific criteria are fully met.
2. 
Application requirements. Requests for a special permit shall be made in writing and clearly state the provision or requirement from which the special permit is sought. The following application requirements are the minimum criteria for submitting a complete application:
a. 
In addition to the copy filed with the special permit granting authority, copies of the application for special permit shall be filed by the applicant with the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Department and Fire Department.
b. 
A site plan, prepared by a professional engineer or land surveyor, showing existing and proposed structures and facilities. Minimum requirements for information included on the site plan are outlined in § 301-6.4.4.
c. 
A description of the proposed work plan, including a construction schedule.
d. 
A description of measures that will be taken to ensure that the quantity and quality of on-site groundwater recharge will not be significantly diminished by the proposal.
e. 
A description of all chemicals, pesticides, fuels, or other potentially toxic or hazardous materials to be used, generated, or stored on the site; together with a description of precautionary measures that will be taken to protect from vandalism, corrosion, leakage, or other adverse environmental effects.
f. 
Identify any public or private wells and surface water, and the distance between proposed activities or uses.
3. 
Interagency review. Upon receipt of the application, the agencies listed in § 301-4.6.9, Subsection 2a, shall review the application and make recommendations as they deem appropriate to the special permit granting authority. Failure of the reviewing parties to make recommendations within 35 days after having received copies of all such required materials shall be deemed a lack of opposition thereto.
4. 
Public hearing. The public hearing shall be given in accordance with § 301-6.3.3.
5. 
Decision process. The special permit granting authority's decision shall consider the accuracy of the information provided in the application, the reliability of the proposed control measures, and recommendations of the other review boards, and shall issue its decision in accordance with MGL c. 40A unless said period is extended in accordance with MGL c. 40A. The special permit granting authority may only grant a special permit if it finds that the proposed use:
a. 
Is in harmony with the purpose and intent of this bylaw; and
b. 
It will not be detrimental or injurious to the Groundwater Protection Districts.
6. 
Posting. The special permit or a clear and concise summary of the special permit shall be posted in a conspicuous location at or near the operation, facility, or system requiring said permit.
§ 301-4.6.10. 
Enforcement and violations. The enforcement of this § 301-4.6 shall be as described in §§ 301-6.1.2 and 301-6.1.3 of this bylaw and Chapter 1, General Provisions, Article III, §§ 1-7 to 1-9.
§ 301-4.6.11. 
Savings clause. If any subsection or part thereof of this § 301-4.6 is held to be invalid, the remainder of this § 301-4.6 shall not be affected thereby.
§ 301-4.7.1. 
Purpose. The purpose of this § 301-4.7 is to promote the public health, safety, and welfare as follows:
1. 
Protect environmental resources and aesthetic values; and minimize traffic congestion and nuisances.
2. 
Protect Town services and infrastructure capacities by limiting impacts on them.
3. 
Encourage appropriate land use by permitting highway corridor uses sensitive to existing residences.
4. 
Encourage site design sensitive to environmental constraints, adjacent land uses and traffic impacts.
§ 301-4.7.2. 
Use classification. In this § 301-4.7 uses are classified by their attributes as outlined below.
1. 
Prohibited uses are prohibited from the district because of the difficulty in predicting or mitigating adverse impacts, or the likelihood of noncompliance.
2. 
Nonperformance uses include all uses allowed in the Rural Residence and Farming District without a special permit.
3. 
Performance uses include all uses except prohibited and nonperformance uses which meet the performance standards.
4. 
Special permit performance uses include all uses for which there is a secondary, less stringent performance standard. In order to obtain a special permit, additional plans and mitigation measures, and in some cases performance guarantees, are required. For example, the amount of traffic may be increased above the performance standard, up to secondary performance standard levels, providing the impacts of increased daily trips are mitigated through measures such as line-of-sight improvements.
§ 301-4.7.3. 
Prohibited uses. The following uses are prohibited due to the difficulty in predicting and mitigating their adverse environmental impacts: radioactive waste disposal, as per § 301-2.3.2 of the Town of Sterling Protective Bylaw, and all those uses listed as prohibited in the Water Resource Protection District in the Town of Sterling Protective Bylaw, § 301-4.6, Groundwater Protection Districts, with the following exceptions, as enumerated in § 301-4.6:
[Amended 6-14-2021 ATM by Art. 45, approved 12-10-2021]
1. 
Municipal sewage treatment facilities;
2. 
Privately owned sewage treatment facilities;
3. 
The placement at the leaching field of a subsurface wastewater disposal system less than six feet above the maximum water table level;
4. 
On-site discharge of greater than 10,000 gallons per day of wastewater other than stormwater;
5. 
The rendering impervious of more than 15% or more of any lot, as described in § 301-4.6.4.2l (changed to 20% or more as per § 301-4.7.5);
6. 
Truck and bus terminals in compliance with the Underground Injection Control Program, 310 CMR 27.00, and in compliance with the noise standards in 310 CMR 7.00;
7. 
Car and truck washes if all the water is recycled; and
8. 
Individual sewage disposal systems, as described in § 301-4.6.4.2x.
§ 301-4.7.4. 
Nonperformance uses. All uses currently permitted in the Rural Residence and Farming Zone without a special permit are permitted by right, and must comply with the current zoning requirements for that district.
§ 301-4.7.5. 
Performance uses.
1. 
Explanation. Performance uses include by right all uses, except prohibited and nonperformance uses and certain "additional exempt uses" which meet the performance standards listed in this § 301-4.7.5. Any use which exceeds these standards is prohibited, or in some cases may meet secondary performance standards with a special permit. The performance standards are based on state and federal laws, with more stringent local standards in certain instances. Performance guarantees may be required at the discretion of the Planning Board to ensure compliance. A site plan review is required for all performance uses. Submission requirements may be contained in separate regulations adopted and from time to time amended by the Planning Board. Certain standards may be averaged over more than one lot within the Performance Zone 1 District, when denoted: "averaging permitted." (See § 301-4.7.6, Special procedures, for an explanation of averaging.) The following apply only when indicated in the subsections of this § 301-4.7.5.
a. 
Special permit performance uses permitted;
b. 
Averaging permitted;
c. 
Additional exempt uses permitted.
2. 
Ground and surface water protection. The following standards are intended to protect ground and surface water quality from development impacts.
a. 
Impervious surface: Impervious surface shall not exceed 20% of the total lot area by right. Up to 50% impervious surface is permitted with a special permit.
b. 
Stormwater runoff: All development, except for exempt uses, shall be designed to maintain existing stormwater runoff characteristics of volume, velocity, peak flow, and pollutant loads for storms of one-, ten-, twenty-five-, fifty- and 100-year recurrence intervals. No discharge of pollutants is permitted (see § 301-4.7.9, Definitions).
(1) 
Compliance with these standards shall be demonstrated by a Stormwater Management Plan, acceptable to the Sterling Planning Board, which shall be developed in accordance with the Sterling Groundwater Resource Protection Districts Bylaw, § 301-4.6.5.3, and regulations promulgated by the Planning Board for this § 301-4.7.
[Amended 6-14-2021 ATM by Art. 45, approved 12-10-2021]
(2) 
Special permits are permitted when runoff is diverted onto adjoining property with mutual agreement, providing the lot receiving the diverted runoff does not exceed the requirements of § 301-4.7.5.2b. Averaging is permitted in this case only.
(3) 
Additional exempt uses: All new nonresidential and nonagricultural development resulting in 10 or less off-street parking spaces or less than 2,000 square feet gross floor area, and all residential development resulting in three or less units on the same lot; also, conversion of existing structures without increase in structure square footage.
c. 
Protective bylaw shall be followed both during and after construction by all development except for the following:
(1) 
Additional exempt uses: All new nonresidential and nonagricultural development resulting in 10 or less off-street parking spaces or less than 2,000 square feet gross floor area, and all residential development resulting in three or less units on the same lot; also conversion of existing structures without increase in structure square footage.
d. 
Hazardous or toxic materials: No development shall discharge hazardous or toxic materials, as defined in § 301-4.6.3, Definitions, of the Sterling Groundwater Protection Districts Bylaw, or industrial waste to any land area, surface water, groundwater, sanitary sewer, storm drain, floor drain and/or sink connected to a system which discharges to the ground and/or surface water. This prohibition does not apply to emissions of hazardous air pollutants, permitted under Section 112 of the Federal Clean Air Act (42 U.S.C. § 7412), 40 CFR Parts 61 and 63, and Massachusetts Clean Air Act (MGL c. 111, §§ 142A through 142J[1]).
[Amended 6-14-2021 ATM by Art. 45, approved 12-10-2021]
(1) 
Furthermore, all uses, except for exempt uses, must store all hazardous or toxic material above ground, in product-tight containers, and on an impervious surface. Outdoor storage shall be protected from exposure to precipitation and be equipped to provide secondary containment designed to hold 150% of the stored volume. Indoor storage shall be designed to prevent any flow to exposed soils, floor drains or outside drains, and have secondary containment designed to hold 100% of the stored volume. All uses except very small quantity generators as defined under 310 CMR 40.00 shall have a Spill Contingency Plan.
(2) 
Additional exempt uses: All uses which are very small quantity generators as defined under 310 CMR 40.00. (See § 301-4.7.9, Definitions, for the definition of very small quantity generators.)
[1]
Editor's Note: MGL c. 111, § 142J, was repealed 1998, 490, Sec. 8.
3. 
Nuisance factors. The following standards are intended to protect adjoining uses from any nuisances and air-related health hazards caused by development in the Performance Zone 1.
a. 
Air quality: All uses must comply with federal and state ambient air quality standards. No new major stationary source, as defined in the federal Clean Air Act (42 U.S.C. § 7401 et seq.) is permitted.
b. 
Noise: No use shall be permitted that produces noise in excess of 55 dBA, as measured at any point along the lot lines during the hours of 7:00 a.m. to 7:00 p.m. or 45 dBA during the hours of 7:00 p.m. to 7:00 a.m. This standard may be relaxed along lot lines abutting I-190. No use may cause a pure tone condition.
c. 
Light: Exterior lighting, except for overhead street lighting and warning, emergency, or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or onto other lots. Plantings or other screening shall be used when practicable to block headlight glare from drives and parking lots onto adjoining premises.
4. 
Traffic generation.
a. 
Performance uses: No more than 30 daily trip ends per day per acre will be permitted by right, except for exempt uses a listed in § 301-4.7.5.4c. Averaging is permitted.
b. 
Special permit performance uses: The by-right standard of 30 daily trip ends per day per acre may be exceeded and a special permit granted if it can be demonstrated to the satisfaction of the Planning Board acting as the special permit granting authority (SPGA) that the secondary performance standards specified below will not be exceeded. In its judgment of the ability of an applicant to meet these performance standards, the Planning Board may consider any mitigation measures that it finds substantially meet the intentions of this § 301-4.7 and performance standards below.
(1) 
Full development of the Performance Zone 1 must not result in an increase in average daily traffic (ADT) in excess of the following limits, or result in a deterioration in level of service specified, as defined by the Highway Capacity Manual.
[a] 
On Route 140, south of Dana Hill Road to the intersection of I-190, no increase in the ADT greater than 50% above existing ADT, and Level of Service D or better;
[b] 
On Route 140, north of Dana Hill Road, no increase in the ADT greater than 25% above existing ADT, and Level of Service B or better;
[c] 
On Dana Hill Road, east of the I-190 underpass, no increase in the ADT greater than 50% above existing ADT;
[d] 
On John Dee Road, between Route 140 and the I-190 underpass, no increase in the ADT greater than 50% above the existing ADT;
[e] 
The intersection of Route 140 and Dana Hill Road, after safety improvements must function at Level of Service C or better.
(2) 
Analysis shall consider existing and any other proposed development in the district, as well as any other proposed development outside the district which could affect the traffic volume on the district roadways. Analysis must establish how much traffic, expressed as new trips, may be accommodated on roads within the district while maintaining the performance standards above. The baseline for analysis is the conditions existing at the time of the proposal. Trip ends established by analysis must be apportioned across the district by acre. No proposed use may exceed this proportional limit unless the Planning Board acting as the SPGA determines that acceptable mitigation measures would substantially meet the intent of this section. Averaging is permitted. Applicants shall provide analysis of the traffic impact consistent with guidelines contained in any regulations adopted and from time to time amended by the Planning Board for the explication of this § 301-4.7.
c. 
Additional exempt uses: Conversion of existing structures without increase in structure square footage, and any retail use under 2,000 square feet gross floor area not classified in the ITE Trip Generation Manual.
5. 
Site design. There are no minimum requirements for lot size or floor area ratio for any use. However, the following standards do apply. Sections 301-4.7.5.5a through c are use specific. Section 301-4.7.5.5d through h apply to all uses.
a. 
Dimensional requirements (except setbacks) - single-family and duplex residential:
(1) 
Density: The maximum permitted single-family and duplex residential density permitted by right is one dwelling unit per 0.88 acre, based on the maximum nonperformance by-right residential density. Increases (averaging) in density may be permitted on cartways only (see § 301-4.7.9, Definitions) by special permit at the discretion of the Planning Board acting as the SPGA if there is adequate engineering proof that no other performance standards will be exceeded; or that no secondary special permit performance standards, when permitted by this § 301-4.7, will be exceeded, with the stipulation that the remainder of (dwelling units x 0.88 acres) - (dwelling units x average area) will remain unbuildable.
(2) 
Pork chop lots: Pork chop lots shall be permitted with a minimum frontage of 50 feet even though they do not meet the minimum lot frontage requirements at the street boundary line, only when the total lot size is five acres or more. In any event, no more that 25% of the lots in a subdivision or fronting on a street in existence as of June 1, 1994, may be pork chop lots.
(3) 
Frontage: A minimum of 180 feet of frontage is required for all single-family residential lots and 270 feet of frontage is required for all duplex residential lots, with the exception of the following: (1) pork chop lots (see above), which may be permitted with a special permit at the discretion of the Planning Board acting as the SPGA; (2) when density is averaged by special permit (see above).
(4) 
Minimum lot width: A minimum of fifty-foot width is required for all residential lots.
b. 
Dimensional requirements (except setbacks) - multifamily residential: Multifamily residential dimensional and site development requirements shall be in accordance with § 301-4.2 of the Sterling Protective Bylaw except for the following: (1) There is no minimum lot size; (2) density, pork chop lots, frontage and minimum lot width shall follow the standards for single-family and duplex residential in § 301-4.7.5.5a(1); (3) setback requirements shall follow the provisions in § 301-4.7.5.5d.
c. 
Dimensional requirements (except setbacks) - nonresidential:
(1) 
Density: There is no formal density requirement for nonresidential uses, but density is indirectly controlled by the height restriction in the Sterling Protective Bylaw, and by the impervious surface limitation, the traffic limitation and the other performance standards in this § 301-4.7.
(2) 
Frontage: Minimum required frontage is 20 feet.
(3) 
Minimum lot width: There is no minimum lot width.
d. 
Setbacks/buffer yards:
(1) 
The purpose of perimeter buffer yards is to screen adjacent land uses from adversely impacting adjacent areas. No structures are permitted in any buffer areas except as in § 301-4.7.5.5d(1)[f] below. No vehicle parking is permitted in side or rear buffer yard areas. Required buffer yard widths are as follows:
[a] 
One hundred feet wide where adjoining residential lots on Clemence Avenue;
[b] 
Twenty feet wide where adjoining I-190 right-of-way;
[c] 
Forty feet wide where adjoining any other zoning district, except as in § 301-4.7.5.5d(1)[a] and [b] above;
[d] 
Twenty-five feet wide where adjoining any interior road in this district;
[e] 
Twenty-five feet wide for side and rear yards; and
[f] 
Ten feet wide for freestanding uninhabited buildings (up to 500 square feet), open decks (up to 300 square feet) and pools in side and rear yards.
(2) 
The Planning Board may at its discretion waive buffer requirements for reasons of public safety. Required buffer yard widths may be reduced for § 301-4.7.5.5d(1)[d] and [e] above only, if the applicant satisfies the Planning Board that appropriate screening materials will be used. Appropriate screening materials may be described in the Planning Board regulations pursuant to this § 301-4.7.
e. 
Landscaping: Landscaping is required for all new non "Approval Not Required" development as part of the buffering requirements. Additional tree planting requirements for parking lots are as follows: any lot which contains parking facilities for more than 10 cars shall also provide interior landscaped areas within the parking lot equal to at least 10% of the gross parking area.
f. 
Aesthetics: Construction shall be compatible with neighboring development and the architectural character of the Town of Sterling in general, in terms of siting, building mass and architectural detailing. Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be set back or screened to protect the neighbors from objectionable features. Electric, telephone, cable TV, and other such utilities shall be underground where physically and environmentally feasible.
g. 
Parking: Off-street parking and loading requirements shall follow § 301-3.2 of the Sterling Protective Bylaw with the following exceptions:
(1) 
All industrial uses: one parking space for each 500 square feet of gross floor area;
(2) 
All office uses: one parking space for each 300 square feet of gross floor area; and
(3) 
All retail uses: one parking space for each 200 square feet of gross floor area.
h. 
Site plan review: All applications for building permits or certificates of use and occupancy involving creation of, addition to, or substantial alteration of either five or more off-street parking spaces or a nonresidential and nonagricultural structure having gross floor area exceeding 1,000 square feet shall be subject to site plan review. Procedures for site plan submission and review are contained in § 301-6.4 of the Sterling Protective Bylaw, except that for this § 301-4.7, the Planning Board, rather than the Building Inspector, shall be the receiving and approving agency.
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021]
§ 301-4.7.6. 
Special procedures.
1. 
Performance standards compliance. All applications for a building permit that is not for a nonperformance use must submit to the Planning Board proof that their proposed project will comply with the performance standards in § 301-4.7.5. Procedures for compliance with the performance standards may be contained in regulations pursuant to this § 301-4.7 and from time to time amended by the Planning Board.
2. 
Engineering and legal review fee. Evidence of compliance with the performance standards shall be accompanied by site plans, as described in § 301-6.4 of the Sterling Protective Bylaw, and a reasonable review fee set by the Planning Board to cover the cost of engineering and legal reviews.
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021]
3. 
Performance guarantees. In order to ensure conformance with the performance standards, the Planning Board, acting as the SPGA, may require the posting of a performance guarantee or bond not to exceed the cost of construction of the mitigation measures.
4. 
Site plan review. Applicants exceeding the site plan review thresholds in § 301-4.7.5 must submit a site plan in accordance with § 301-6.4 of the Sterling Protective Bylaw and § 301-4.7.5.5h of this § 301-4.7. Prior to formal site plan review, an applicant may submit an informal application to the Planning Board for preliminary site plan review. The informal application for preliminary site plan review shall consist of a verbal description of the project, including anticipated performance standards compliance as per § 301-4.7.5 and a site plan drawn to scale, but not necessarily stamped by an engineer or landscape architect.
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021]
5. 
Subdivision requirements. Applicants creating a subdivision, as per MGL c. 41, § 81L, shall follow the procedures for subdivision outlined in Sterling's Rules and Regulations Governing the Subdivision of Land. The exception is, in a subdivision within this district, the required road rights-of-way and pavement widths may be reduced at the discretion of the Planning Board, upon adequate proof of the safety of the reduced standards.
6. 
Special permits. Applicants exceeding indicated performance standard thresholds outlined in § 301-4.7.5 may apply to the Planning Board acting as the SPGA for a special permit when there is a secondary performance standard specified in § 301-4.7.5. The Planning Board is the special permit granting authority. Special permits may be granted by the Planning Board upon satisfactory proof that the secondary performance standard will be met. Special permit authority, procedures and expiration are outlined in Section 1.6.1, 1.6.2, 1.6.4 and 1.6.5 of the Sterling Protective Bylaw.[2] Section 1.6.3 has been replaced for the purposes of this § 301-4.7 by special permit requirements outlined in § 301-4.7.5.
[2]
Editor's Note: See § 301-6.3.
7. 
Averaging The purpose of averaging is to allow for greater flexibility and creativity in development, while still meeting the purposes stated in § 301-4.7.1. In the process of "averaging" the amount of impact permitted for certain performance standards for a given lot may be averaged with another lot in the district on a per acre basis. For example, density may be higher than the permitted 0.88 dwelling unit per acre on one lot, if when averaged with a lot which is lower, the overall density of the two lots combined does not exceed the 0.88 dwelling unit per acre standard. Averaging is permitted between lots under the same ownership and between lots under different ownership within the district. It is up to the individual owners to establish a price for this "transfer of performance rights." After the averaging has been accepted by the Planning Board, it must be recorded in the registry of deeds as a deed restriction on the sending lot (the lot donating its performance standards) before a building permit may be issued for either lot. The procedure may be reversed only if the receiving lot has not been developed so as to use up the additional performance standards increases.
§ 301-4.7.7. 
Powers. Nothing contained in this § 301-4.7 is intended to override, restrict, impede or otherwise invalidate any of the rules, regulations, laws, or bylaws, etc., of the Sterling Planning Board, the Sterling Board of Health, The Sterling Conservation Commission, the Town of Sterling or the Commonwealth of Massachusetts which pertain to the subject matter of this § 301-4.7, with the following exception. Unless otherwise indicated, this § 301-4.7 Performance Zone 1 bylaw amendment shall govern and supersede any conflicting provisions of the Town of Sterling Protective Bylaw as applied within the geographically applicable areas of this § 301-4.7. If no conflicting provision exists, the Sterling Protective Bylaw shall control.
§ 301-4.7.8. 
Savings clause. If any part of this § 301-4.7 is held to be invalid, the remainder of this § 301-4.7 shall not be affected.
§ 301-4.7.9. 
Definitions. The following definitions apply to specialized words or terms associated with this § 301-4.7:
AVERAGE DAILY TRAFFIC (ADT)
The average daily traffic, in both directions, averaged over a year for a given facility (roadway segment or intersection).
BUFFER YARD
A transitional protective area along lot lines. It consists of open space, supplemented with plant materials or aesthetically appropriate fences which form a screen between adjacent lots.
CARTWAY
A street serving residential uses only which carries traffic equivalent to that generated by 12 or fewer dwelling units and has a forty-foot maximum width of the right-of-way and a twenty-foot maximum width of the road surface.
DAILY TRIP ENDS, FROM TRIP GENERATION MANUAL, 1982 INSTITUTE OF TRANSPORTATION ENGINEERS
The total of all trips entering plus all trips leaving a designated land use or building type over a given period of time.
DISCHARGE OF POLLUTANTS
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of pollutants or any constituent thereof which may enter the land or waters of the commonwealth. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system.
HIGHWAY CAPACITY MANUAL (MOST RECENT VERSION)
Transportation Research Board, Special Report of the Transportation Research Board of the National Research Council. The Manual is a guide to the design and operational analysis of highway facilities.
IMPERVIOUS SURFACE
A surface which has been compacted or covered with a layer of material so that it is resistant to infiltration by water. It includes semi-impervious surfaces such as compacted clay as well as most conventionally surfaced streets, roofs, parking lots and other similar structures.
LEVEL OF SERVICE
Level of service, as defined in the Highway Capacity Manual, is a qualitative measurement of conditions within a traffic stream and their perception by motorists in terms of speed, travel time, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. There are six levels of service applicable to each facility (roadway type or intersection): A through F, with A representing the best operating conditions and F indicating the worst.
NUISANCE
An activity or omission which unreasonably interferes with a right common to the public or with the interest an individual has in the private use and enjoyment of land.
POLLUTANT
Any substance that can alter the biological, chemical, physical or radiological character of water, and in so doing, is likely to create a nuisance or render waters harmful, detrimental, or injurious to the health of humans, livestock or wildlife.
PORK CHOP LOT
A lot shaped like a pork chop (also known as "dog leg" or "flag" lot), which has access to the street via a corridor which is part of the lot and does not meet the minimum frontage requirements.
VERY SMALL QUANTITY GENERATOR
One that does not generate more than 100 kg. or accumulate more than 600 kg. of regulated recyclable material or non-acutely hazardous waste (310 CMR 30.120 through 30.125 and 30.130 through 30.135), and does not generate or accumulate any acutely hazardous waste (310 CMR 30.136), or residue or contaminated soil and/or water from a spill clean-up, and does not generate any container liners with residue from wastes.
§ 301-4.8.1. 
Purpose. The purpose of this section is to establish areas in which wireless communications facilities may be provided while protecting Sterling's unique community character. The WCF Overlay District has been created (a) to provide for safe and appropriate siting of wireless communications facilities consistent with the Telecommunications Act of 1996, and (b) to minimize visual impacts from such facilities on residential districts and scenic areas within Sterling.
§ 301-4.8.2. 
Location. The WCF District shall be located as follows: In Rural Residential (RR), Light Industrial (LI) and Commercial (C) districts, no wireless communication facility shall be located less than 500 feet from the boundary of a Neighborhood Residential District.
§ 301-4.8.3. 
Applicability. The WCF District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning shall remain in full force and effect, except as may be specifically superseded herein.
§ 301-4.8.4. 
Submittal requirements. As part of any application for a special permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth herein at § 301-6.4. Applicants shall also describe the capacity of the facility, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity.
§ 301-4.8.5. 
Special permit. A wireless communication facility may be erected in the WCF District upon the issuance of a special permit by the Zoning Board of Appeals if the Board determines that the adverse effects of the proposed facility will not outweigh its beneficial impacts as to the Town or the neighborhood, in view of the particular characteristics to the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following:
1. 
Communications needs served by the facility;
2. 
Traffic flow and safety, including parking and loading;
3. 
Adequacy of utilities and other public services;
4. 
Impact on neighborhood character, including aesthetics;
5. 
Impacts on the natural environment, including visual impacts;
6. 
Potential fiscal impact, including impact on Town services, tax base and employment;
7. 
New monopoles shall be considered only upon a finding that existing or approved monopoles or facilities cannot accommodate the equipment planned for the proposed monopole.
§ 301-4.8.6. 
Conditions. All wireless communications facilities shall be subject to the following conditions:
1. 
To the extent feasible, service providers shall co-locate on a single facility. Monopoles shall be designed to structurally accommodate foreseeable users (within a ten-year period) where technically practicable.
2. 
No freestanding facilities shall be placed within 300 feet of any residentially occupied premises.
3. 
New freestanding facilities shall be limited to monopoles; no lattice towers shall be permitted. Monopole height shall not exceed 100 feet above mean finished ground elevation at the base of the mounting structure; provided, however, that a monopole may be erected higher than 100 feet where co-location is approved or proposed, not to exceed a height of 130 feet above mean finished ground elevation at the base of the mounting structure.
4. 
Wireless communications facilities may be placed upon or inside existing buildings or structures, including water tanks and towers, church spires, electrical transmission lines, and the like. In such cases, the facility height shall not exceed two feet above the height of the existing structure or building.
5. 
All structures associated with wireless communications facilities shall be removed within one year of cessation of use. The Board may require a performance guarantee to effect this result.
6. 
To the extent feasible, all network interconnections from the communications facility shall be via land lines.
7. 
Existing on-site vegetation shall be preserved to the maximum extent practicable.
8. 
The facility shall minimize, to the extent feasible, adverse visual effects on the environment. The Planning Board may impose reasonable conditions to ensure this result, including painting, lighting standards, landscaping and screening.
9. 
Traffic associated with the facility shall not adversely affect public ways.
10. 
Fencing may be required to control unauthorized entry to wireless communications facilities.
§ 301-4.9.1. 
Purpose. The purpose of this bylaw is to provide criteria for the development and use of wind power as an alternative energy source. The goal is to protect public health, safety and welfare; preservation of environmental, historic and scenic resources; control of noise levels and the prevention of electromagnetic interference.
§ 301-4.9.2. 
Applicability. Any application to erect a stand-alone WECS, tower-mounted horizontal or vertical axis system that utilizes energy from wind shall comply with this bylaw.
§ 301-4.9.3. 
Definitions.
OFF-GRID SYSTEM
A WECS that is not interconnected to the utility power system.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production equipment usually specified with a "nameplate" on the equipment. A nameplate designates the company or manufacturer of the wind turbine.
SPECIAL PERMIT
A permit provided by the special permit granting authority for the construction of a WECS.
WIND ENERGY CONVERSION SYSTEMS (WECS)
For the purposes of this bylaw, a residential wind energy conversion system that has a rated nameplate capacity not to exceed 10kW and consists of a wind turbine, associated control or conversion electronics, and all equipment, machinery and structures utilized to convert wind to electrical energy.
WIND TURBINE
A single device that converts wind to electricity or other forms of energy, typically consisting of a rotor and blade assembly, electrical generator, and tower with or without guy wires.
§ 301-4.9.4. 
Special permit granting authority.
1. 
The Town of Sterling Planning Board is hereby established as the special permit granting authority (SPGA) in connection with construction of a WECS. The SPGA shall grant a special permit only if it finds that the proposal complies with the provisions of this bylaw and any other applicable Town bylaws.
2. 
The Planning Board, working with the Manager of the Sterling Municipal Light Department (SMLD), may adopt reasonable rules and regulations for the administration of this bylaw.
§ 301-4.9.5. 
Development requirements. The following requirements apply to all WECS.
1. 
Proposed WECS shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental, communications and utility requirements.
2. 
Applicants shall provide a complete description of the WECS, including technical, economic, environmental, and other reasons for the proposed location, height and design.
3. 
WECS shall be limited to one tower per lot or on contiguous lots held in common ownership.
4. 
Tower height. Maximum height is 100 feet. This height may be increased but not to exceed 130 feet as part of the special permit process if the applicant can demonstrate that additional height is needed and that the additional benefits of the higher wind turbine does not increase any adverse impacts and that there are no reasonable objections from abutters.
5. 
Monopole towers are the preferred type of support.
6. 
Height calculation. Overall height of the wind turbine shall be measured from the land in its natural state prior to grading or filling to the highest point reached by any part of the wind turbine.
7. 
Height restriction. No WECS located within 10,000 feet of the Sterling Airport's runway (Runway 1634) measured from the WECS to the closest point of Runway 1634 shall be erected without FAA approval. FAA approval is not required when the WECS is located beyond 10,000 feet from Runway 1634.
8. 
Setbacks. The minimum setback for the wind turbine shall be maintained equal to the overall height calculation plus 100 feet from all property boundaries of the site on which the WECS is located. In addition, the WECS shall be set back a distance of the height calculation plus 100 feet from any ways, access easements, trails, ascertainable paths and aboveground utility lines.
9. 
Noise. The WECS and associated equipment shall conform to the Massachusetts Noise Regulation (310 CMR 7.10). An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with the Massachusetts Department of Environmental Protection guidance for noise measurement. Manufacturer's specifications may be accepted when, in the opinion of the Planning Board, the information provided satisfies the above requirements.
a. 
Upon written notification of a complaint of excessive noise, the Building Inspector/Zoning Enforcement Officer or his designee, herein after referred to as the Enforcing Officer, shall record the filing of such complaint. The Enforcing Officer shall promptly investigate within 10 business days. If noise levels are determined to be excessive by the Enforcing Officer they shall require the WECS owner's qualified engineer to perform ambient and operating decibel measurements at the nearest point from the wind turbine to the property line of the complainant and to the nearest inhabited residence. The resulting written analysis from the qualified engineer must demonstrate compliance with the noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement.
b. 
If the noise levels are found to have exceeded allowable limits, the Enforcing Officer shall notify the owner of the WECS in writing to correct the violation. If the noise violation is not remedied within 45 business days, the WECS shall remain inactive until the noise violation is remedied, which may include relocation or removal.
c. 
If it is determined that allowable limits have not been exceeded, notice in writing shall be provided to the complainant and to the WECS owner stating that no further action is required. This must be done within 20 business days of the receipt of the complaint. In addition, if compliance is demonstrated in writing and the complaint remains, mitigation must be jointly filed by both parties and approved by the Enforcing Officer.
10. 
Shadowing/flicker. The WECS shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
11. 
Prevention of access. The applicant/owner shall ensure that all related components of the WECS are protected from unlawful access.
12. 
Visual impact. The applicant shall employ all reasonable means, including alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted plain, nonreflective, muted colors without graphics or other decoration. In certain instances, the SPGA in its review may require the applicant to fly or raise a three-foot diameter balloon to the maximum height of the WECS at its proposed location. The applicant shall provide photographs of the balloon test from two to four vantage points previously designated by the SPGA.
13. 
Electromagnetic interference. The WECS shall be sited to minimize electromagnetic interference. If interference is alleged in writing via a complainant, the Building Inspector shall record the filing of such complaint and review it. The Enforcing Officer may seek assistance from the Sterling Municipal Light Department if necessary. If electromagnetic interference is found, the Enforcing Officer shall notify the owner of the property in writing to correct the violation. If the interference is not remedied within 20 business days, the WECS shall remain inactive until the interference is remedied, which may include relocation or removal. In addition, the placement of any WECS will be sited so as not to interfere with any existing satellite installations for the surrounding property owners.
14. 
Lighting. If lighting is proposed [other than required Federal Aviation Administration (FAA) lights], the applicant shall submit a plan indicating the horizontal footcandles at grade, to the property boundary. The plan shall also indicate the locations and types of luminaires proposed as well as the method to shield the abutter(s).
15. 
Vegetation. Existing vegetation must be shown within 100 feet of the WECS, including average height of trees and any proposed vegetation removal on the subject property or abutting properties. The Planning Board shall also consider the height of vegetation at maturity.
16. 
The applicant must submit provisions for inspection and maintenance of the WECS.
§ 301-4.9.6. 
Procedural requirements.
1. 
Site plan. A site plan must be submitted, in accordance with Town of Sterling Protective Bylaws, § 301-6.4.3, Procedures, § 301-6.4.4, Submittals, § 301-6.4.5, Preparation of plan, and any other applicable Town of Sterling Protective Bylaws. The site plan must be prepared to scale by a registered land surveyor or civil engineer showing the location of the proposed WECS, distances to all property lines, existing and proposed structures, existing and proposed elevations, public and private roads, aboveground utility lines and any other significant features or appurtenances. Any portion of this site plan may be waived if, in the opinion of the Planning Board, the materials submitted are sufficient for the Board to make a decision.
2. 
Telecommunications. WECS may include telecommunication antennas provided they comply with this bylaw and with § 301-4.8 of the Town of Sterling Protective Bylaw, Wireless Communications Facilities (WCF) Overlay District Bylaw.
3. 
Compliance with Massachusetts State Building Codes. Building permit applications shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. Documentation showing compliance with the Massachusetts State Building Code certified by a Massachusetts licensed professional engineer shall also be submitted. Manufacturer specifications may be suitable at the discretion of the Building Inspector.
4. 
Compliance with FAA regulations. WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
5. 
Compliance with the National Electrical Code. Building permit applications for WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
6. 
Utility notification. No WECS shall be installed until evidence has been given that the Sterling Municipal Light Department has been informed and has approved that the installation's impact is negligible for the power system and meets all of their installation/interconnection requirements. Off-grid systems shall be exempt from this requirement.
7. 
Abandonment. A WECS shall be considered to be abandoned if it is not operated for a period of two years, or if it is designated a safety hazard by the Building Inspector. Once a WECS is designated as abandoned, the owner shall be required to physically remove the WECS within 90 days of written notice. "Physically remove" shall include, but not be limited to:
a. 
Removal of WECS, and any equipment shelters and security barriers, from the subject property.
b. 
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
c. 
Restoring the location of the WECS to its natural condition, except that any landscaping and grading shall remain in the after-condition.
8. 
Modifications. All modifications to a WECS made after issuance of the special permit shall require approval by the SPGA.
9. 
Professional/administrative fees. The Planning Board may retain a technical expert/consultant to verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant in addition to administrative fees.
§ 301-4.9.7. 
Financial security.
1. 
Requirement. In conjunction with the above special permit approval process, the Planning Board may require the posting of a financial security (bond) to assure satisfactory fulfillment of the above, in such sum and in accordance with such conditions as the Board may determine necessary.
§ 301-4.9.8. 
Savings clause. If any part of this § 301-4.9 is held to be invalid, the remainder of this § 301-4.9 shall not be affected.
§ 301-4.9A.1. 
Purpose. On November 8, 2016, the voters of the commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for personal use (new MGL c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, is effective on December 15, 2016 and (as amended on December 30, 2016; Chapter 351 of the Acts of 2016) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018, and to begin accepting applications for licenses on or before April 1, 2018. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of marijuana establishments for non-medical marijuana. The regulation of marijuana for personal use raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of marijuana establishments for non-medical marijuana and address such issues, as well as to address the potential impact of the state regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of marijuana establishments for non-medical marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for marijuana establishments for non-medical marijuana so as to allow the Town sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner.
§ 301-4.9A.2. 
Definition.
NON-MEDICAL MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business as defined in MGL c. 94G.
§ 301-4.9A.3. 
Temporary moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a non-medical marijuana establishment and other uses related to personal use of marijuana. The moratorium shall be in effect through June 30, 2018, or until such time as the Town adopts Zoning Bylaw amendments that regulate non-medical marijuana establishments, whichever occurs earlier. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, consider the Cannabis Control Commission regulations regarding non-medical marijuana establishments, and shall consider adopting Zoning Bylaw amendments in response to these new issues. This temporary moratorium shall not affect in any way the use of land or structures for registered marijuana dispensaries (for medical marijuana), which are governed by Section of this Zoning Bylaw.[1]
[1]
Editor's Note: So in original; section number not specified.
Consistent with General Laws, Chapter 94G, § 3(a)(2), all types of non-medical "marijuana establishments" as defined in General Laws, Chapter 94G, § 1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Sterling, except for medical marijuana cultivation and product manufacturers operating within the Town prior to January 1, 2019, that desire to operate co-located medical and adult use cultivation and product manufacturing facilities.