Town of Sterling, MA Article 4 Special Regulations

§ 301-4.1 Home occupations.

§ 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 Multifamily development.

§ 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.

§ 301-4.3 (Reserved) [1]

[1] Editor's Note: Former § 301-4.3, Rate of development, was repealed 6-14-2021 ATM by Art. 36, approved 12-10-2021.

§ 301-4.3A (Reserved) [1]

[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 Floodplain District.

[Amended 5-5-2025 ATM by Art. 42, approved 1-9-2026

§ 301-4.4.1. Purpose. The purpose of the Floodplain Overlay District is to:

1. Ensure public safety through reducing the threats to life and personal injury;

2. Eliminate new hazards to emergency response officials;

3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

4. Avoid the loss of utility services, which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

5. Eliminate costs associated with the response and cleanup of flooding conditions; and

6. Reduce damage to public and private property resulting from flooding waters.

§ 301-4.4.2. Definitions.

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, per 44 CFR Part 59.

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, per Base Code, Chapter 2, Section 202.

FUNCTIONALLY DEPENDENT USE

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities, per of Federal Regulations, Title 44, Part 59 and Referenced Standard ASCE 24-14.

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure per 44 CFR Part 59.

HISTORIC STRUCTURE

Means any structure that is:

1. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs per 44 CFR Part 59.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement per Referenced Standard ASCE 24-14.

RECREATIONAL VEHICLE

Means a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use per 44 CFR Part 59.

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, or AH.

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building, per Base Code, Chapter 2, Section 202.

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home., per 44 CFR Part 59.

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR, as amended by MA in 9th Edition BC.

VARIANCE

Means a grant of relief by a community from the terms of a flood plain management regulation, per 44 CFR Part 59.

VIOLATION

Means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided, per 44 CFR Part 59.

§ 301-4.4.3. District delineation. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated within the Town of Sterling designated as Zone A, AE, AH, AO, or A99 on the Worcester County Flood Insurance Rate Map (FIRM) dated January 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated January 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Planning Department, and Conservation Commission.

§ 301-4.4.4. Abrogation and greater restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

§ 301-4.4.5. Disclaimer of liability.The degree of flood protection required by this bylaw is considered reasonable, but does not imply total flood protection.

§ 301-4.4.6. Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.

§ 301-4.4.7. Designation of local floodplain administrator.

§ 301-4.4.8. Use regulations. The Floodplain District is established as an overlay district to all other zoning districts. All development, including structural and nonstructural activities, permitted by special permit, must comply with MGL c. 131, § 40, and with the requirements of the Massachusetts State Building Code pertaining to construction within floodplains.

§ 301-4.4.9. Permitted uses. The following uses of low flood-damage potential and causing no obstructions to flood flows shall be allowed, provided that they are permitted in the underlying zoning district and they do not require structures, fill or storage of materials and equipment:

1. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

2. Forestry and nursery uses.

3. Outdoor recreational uses, including fishing, boating, play areas, etc.

4. Conservation of water, plants and wildlife.

5. Wildlife management areas, foot, bicycle and/or horse paths.

6. Temporary (installed for less than 180 days) nonresidential structures used in connection with fishing, growing, harvesting storage or sale of crops raised on the premises.

§ 301-4.4.10. Variances to State Building Code. For those projects that obtain a Variance from the State Building Code as issued by the State Building Code Appeals Board (BCAB), the Town of Sterling will request from the BCAB a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files. The local Conservation Agent shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;

2. Such construction below the base flood level increases risks to life and property; and

3. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

§ 301-4.4.11. Variances to this bylaw. The Sterling Zoning Board of Appeals is empowered to grant variances to this bylaw. A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if:

1. Good and sufficient cause and exceptional non-financial hardship exist;

2. The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

3. The variance is the minimum action necessary to afford relief.

§ 301-4.4.12. Special Permit required. A Special Permit is required for all proposed development in the Floodplain Overlay District and the Sterling Zoning Board of Appeals shall be the Special Permit Granting Authority (SPGA) for this bylaw. The Town of Sterling requires a Special Permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

§ 301-4.4.13. Permit issuance assurance. As part of the Town of Sterling Special Permit review process, the applicant must demonstrate that they have obtained all required local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District.

§ 301-4.4.14. Subdivisions in floodplains. The SPGA shall review all subdivision proposals and development proposals in the Floodplain Overlay District to assure that:

1. Such proposals minimize flood damage.

2. Public utilities and facilities are located and constructed in a manner that minimize flood damage.

3. The subdivision plan provides for adequate drainage.

When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

§ 301-4.4.15. Unnumbered A Zones. For A Zones, in the absence of FEMA BFE data and floodway data, the Conservation Agent and Building Commissioner will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

§ 301-4.4.16. Floodway encroachment.

In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's Flood Rate Insurance Maps (FIRM), encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

§ 301-4.4.17. Watercourse alterations or relocations in riverine areas. In a riverine situation, the Conservation Agent shall notify the following of any alteration or relocation of a watercourse:

•	Adjacent Communities, especially upstream and downstream;
•	Bordering States, if affected; and
•	NFIP State Coordinator, Massachusetts Department of Conservation and Recreation
•	NFIP Program Specialist, Federal Emergency Management Agency, Region 1

§ 301-4.4.18. Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to the FEMA Region I Risk Analysis Branch Chief and a copy of notification to the Massachusetts NFIP State Coordinator, MA Dept. of Conservation & Recreation.

§ 301-4.4.19. Recreational vehicles. In A, A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

§ 301-4.4.20. Enforcement. The Conservation Agent shall be the municipal official charged with enforcing the provisions of this bylaw, with the exception of all matters relating to the enforcement of the State Building Code which shall continue to reside with the Building Commissioner.

§ 301-4.5 Stillwater River Protection District.

§ 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.

§ 301-4.6 Groundwater Protection Districts.

[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 (Reserved) [1]

[1] Editor's Note: Former § 301-4.7, Performance Zone I, as amended 6-14-2021 ATM by Art. 29, approved 12-10-2021 and 6-14-2021 ATM by Art. 45, approved 12-10-2021, was repealed 5-5-2025 ATM by Art. 36, approved 1-9-2026.

§ 301-4.8 Wireless Communications Facilities (WCF) Overlay District Bylaw.

§ 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 Wind Energy Conversion Systems (WECS).

§ 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 (Reserved) [1]

[1] Editor's Note: Former § 301-4.9A, Temporary moratorium on non-medical marijuana establishments, was repealed 5-1-2023 ATM by Art. 29, approved 8-10-2023.

§ 301-4.9B Marijuana establishments.

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.

§ 301-4.10 Multi-Family Overlay District (MFOD).

[Added 11-13-2025 STM by Art. 1, approved 2-24-2026]

A. Purpose. The purpose of the MFOD is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (MGL Chapter 40A). This zoning allows for as of right multi-family housing in an attempt to encourage the production of a variety of housing types that will provide equal access to new housing for people with a variety of needs and income levels.

B. Establishment and applicability. The MFOD is an overlay zoning district having a land area of approximately 11.7 acres that is superimposed over the Rural Residential District (RRD) as shown on the Town's official Zoning Map.

1. Applicability of MFOD. An applicant may develop multi-family housing located within the MFOD in accordance with the provisions of this § 301-4.10.

2. Underlying Zoning. The MFOD is an overlay zoning district superimposed on the underlying Rural Residential District (RRD). The regulations for use, dimensions, and all other provisions of the Zoning Bylaw governing the RRD shall remain in effect. Uses that are not identified in this section are governed by the requirements of the underlying zoning district (RRD).

C. Definitions. For purposes of this section, the following definitions shall apply.

AFFORDABLE HOUSING

Housing that contains Affordable Units as defined by this section.

AFFORDABLE UNIT

A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

APPLICANT

A person, business, or organization that applies for a Building Permit, Site Plan Review, or Special Permit.

AREA MEDIAN INCOME (AMI)

The median family income for the metropolitan statistical region that includes the Town of Sterling, as defined by the U.S. Department of Housing and Urban Development (HUD).

AS OF RIGHT

Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

BUILDING COVERAGE

The maximum area of the lot that can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building Coverage does not include surface parking.

DEVELOPMENT STANDARDS

Provisions of Section 4.10, G. General Development Standards made applicable to projects within the MFOD.

EOHLC

The Massachusetts Executive Office of Housing and Livable Communities, or any successor agency.

MULTI-FAMILY HOUSING

A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

MULTI-FAMILY ZONING DISTRICT

A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.

PARKING, STRUCTURED

A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured Parking does not include surface parking or carports, including solar carports.

PARKING, SURFACE

One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.

RESIDENTIAL DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

SECTION 3A

Section 3A of General Laws, Chapter 40A, the Zoning Act.

SITE PLAN REVIEW AUTHORITY

The Planning Board is the Site Plan Review authority.

SUBSIDIZED HOUSING INVENTORY (SHI)

A list of qualified Affordable Housing Units maintained by EOHLC used to measure a community's stock of low-or moderate-income housing for the purposes of MGL c. 40B, the Comprehensive Permit Law.

D. Permitted uses. In addition to all other uses allowed by right in the Rural Residential District, multi-family housing shall also be allowed by right in the MFOD.

E. Dimensional standards. The following dimensional standards shall apply to the MFOD:

1. Minimum lot size: none.

2. Maximum density: no more than 15 units per acre.

3. Minimum frontage requirement: 50 feet.

4. Front yard setbacks: a minimum of 40 feet.

5. Side yard setbacks: a minimum of 25 feet.

6. Rear yard setbacks: a minimum of 25 feet.

7. Minimum setback distances for freestanding accessory buildings: a minimum of 10 feet from all lot lines.

8. Maximum height - 48 feet (four stories).

F. Open space. Multi-family development projects in the MFOD shall set aside 33% of the total project area as permanently protected open space, of which 40% must be contiguous open space.

G. Parking, driveways and interior roadways. The following standards shall apply to the MFOD:

1. One parking space shall be provided for each dwelling unit.

2. No parking area shall contain more than 16 parking spaces. All parking areas shall be connected to the structures by walkways.

3. 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.

4. There shall be adequate sight distance from the driveway and along the roadway in both directions to maneuver safely in and out of roadway traffic. The DPW Superintendent may require a licensed engineer to certify that there is adequate sight distance in both directions along the roadway.

5. Interior roads and utilities shall provide service functionally equivalent to that assured individual lots under the Planning Board's Subdivision Rules and Regulations.

H. Exterior lighting.

1. Outdoor lighting fixtures shall be cut-off type, mounted no higher than 15 feet, and oriented and shielded to avoid glare on adjoining properties.

2. Plantings or other screening shall be used to block headlight glare from drives and parking lots onto adjoining premises.

3. No buildings shall be floodlit.

I. Site plan review. All development plans proposed for the MFOD shall be subject to Site Plan Review by the Planning Board. The Site Plan Review process may regulate the use, but shall not be used as a mechanism to deny the use.