§ 301-6.1.1. 
Permits. This bylaw shall be administered by the Building Inspector. Pursuant to the State Building Code, the Building Inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed in principal use without written certification by the Building Inspector that such action is in compliance with then-applicable zoning, and that all necessary permits have been received under federal, state, or local law. Issuance of a building permit or certificate of use and occupancy, where required under the commonwealth's State Building Code, may serve as such certification.
§ 301-6.1.2. 
Enforcement. The Building Inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of the bylaw and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Select Board to Town Counsel.
§ 301-6.1.3. 
Penalties. The penalty for violation of any provision of this bylaw, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.
§ 301-6.2.1. 
Establishment. A Board of Appeals shall be appointed by the Select Board as provided in MGL c. 40A, consisting of five members and three associate members.
§ 301-6.2.2. 
Powers. The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, c. 40B and c. 41 and by this bylaw. The Board's powers are as follows:
1. 
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of § 301-6.3, or as otherwise specified.
2. 
To hear and decide appeals or petitions for variances from the terms of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10.
a. 
Use variances from the provisions of § 301-2.3 may be granted only if the requirements of MGL c. 40A, § 10, are satisfied, and only if the Board of Appeals finds that the following conditions will be met:
(1) 
No building shall be more than two stories nor shall it occupy more than 2,500 square feet of land area;
(2) 
No building or site alterations shall cause damage to the established character of the area;
(3) 
Signs shall be as permitted in § 301-3.1, unless otherwise authorized by the Board of Appeals;
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 2a(4), regarding the requirement to obtain a use variance from the Board of Appeals for earth removal in the RR and NR Zoning Districts, was repealed 6-14-2021 ATM by Art. 48, approved 12-10-2021.
(5) 
In RR or NR Districts, no traffic shall be generated inconsistent with the district.
(6) 
No noise, vibration, dust, smoke, odor, heat or glare shall be created observable at the lot lines in an amount exceeding that normally permitted in the district.
3. 
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provision of MGL c. 40A, §§ 8 and 15.
4. 
To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 through 23.
[Amended 5-5-2025 ATM by Art. 39, approved 1-9-2026]
§ 301-6.3.1. 
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
§ 301-6.3.2. 
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors that may be set forth in this bylaw, the determination shall include evaluations of the adverse effects and beneficial impacts of each of the following factors:
1. 
Social, economic, or community needs which are served by the proposal;
2. 
Traffic flow and safety, including parking and loading;
3. 
Adequacy of utilities and other public services;
4. 
Neighborhood character and social structures;
5. 
Impacts on the natural environment; and
6. 
Potential fiscal impact, including impact on Town services, tax base and employment.
§ 301-6.3.3. 
Procedures. Whenever an application for a special permit is filed with a special permit granting authority, the applicant shall also file, within five working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation, to the Planning Board, Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Police Chief, and Fire Chief for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority. Said authority shall notify applicants by registered or certified mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the special permit granting authority by the date of the public hearing, but in any case within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the special permit granting authority is held prior to the expiration of the thirty-five-day period, said authority shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the special permit granting authority shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.
§ 301-6.3.4. 
Special permits that require site plan review. For development projects that require a special permit from the Zoning Board of Appeals and site plan approval from the Planning Board, the applicant may apply for both concurrently and request a joint public hearing by both Boards. When a joint public hearing is requested, both boards will coordinate a public hearing date and provide proper public notice per MGL c. 40A, § 11. The procedural order shall be that the Zoning Board of Appeals shall issue its special permit decision first, followed by the Planning Board issuing its site plan decision.
§ 301-6.3.5. 
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw.
§ 301-6.3.6. 
Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 301-6.4.4 herein.
§ 301-6.3.7. 
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021; 5-5-2025 ATM by Art. 40, eff. 1-9-2026]
§ 301-6.4.1. 
Purpose. The overall purpose of Site Plan Review is to ensure that subject developments and uses are designed in a manner that protects the health, safety, convenience and general welfare of residents of the Town. In implementing Site Plan Review the Town intends to ensure that the proposed development activity/use:
1. 
Complies with all applicable bylaws and regulations;
2. 
Fulfills any applicable site design guidance provided by the Sterling Master Plan and applicable design standards adopted by the Planning Board;
3. 
Preserves or enhances the unique character and visual qualities of the Town, including, where appropriate, historic character, rural character, natural areas, environmental and natural resources, and scenic vistas;
4. 
Does not unreasonably impact adjoining and nearby properties or the neighborhood in which it is located; and
5. 
Promotes sustainable design and development that supports long-term economic vitality and ecological integrity.
§ 301-6.4.2. 
Applicability. The following types of activities and uses require site plan review by the Planning Board except as may be exempted in § 301-6.4.3:
1. 
Construction, exterior alteration, or exterior expansion of municipal, institutional, commercial, industrial, or multifamily structure;
2. 
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multi-family structure or purpose;
3. 
Grading or clearing more than 10% of a lot, except for the following: landscaping on a lot with an existing structure or a proposed single- or two-family dwelling; clearing necessary for percolation and other site tests; work incidental to agricultural activity, work in conjunction with an approved subdivision plan, or work pursuant to an earth removal permit.
4. 
Change of use where the new use will require more parking than the previous use (see § 301-3.2.3 for the Table of Parking Requirements).
5. 
Site Plan Review for uses exempt from Zoning under Massachusetts General Laws, Chapter 40A, Section 3 is limited to ensuring compliance with reasonable regulations as related to parking, open spaces, building height, and building setbacks requirements as provided for in MGL c. 40A.
6. 
Cumulative increases in the size of the building or amount of grading or clearing, or parking spaces over a period of time spanning multiple years may result in an activity being subject to Site Plan Review. The Planning Board's Site Plan Regulations shall detail the process and factors to be used in making such a determination.
§ 301-6.4.3. 
Exemptions.
1. 
A building wholly or partially destroyed may be rebuilt without recourse to this section if rebuilt without change to the building footprint or the square footage of usable space.
2. 
The construction, exterior alteration, or exterior expansion of a municipal, institutional, commercial, industrial, or multifamily structure or use in any district where such construction will not exceed a total gross floor area of 1,200 square feet or will not generate the need for more than five parking spaces.
3. 
Site plan review is not required for changes of use where:
a. 
There are no proposed or required outside alterations or additions to the existing buildings and parking area,
b. 
The Town Planner, in consultation with the Building Commissioner and the Board of Health Director, determines:
(1) 
No additional changes are required of the on-site septic disposal system; or
(2) 
No additional parking will be required to conform to the parking requirements (see § 301-3.2.3 for the Table of Parking Requirements).
§ 301-6.4.4. 
Relationship to Building Permits and Special Permits.
1. 
Use, structure, or activity available as of right or Special Permit. An application for a Building Permit to perform work as set forth in § 301-6.4.2 available as of right shall be accompanied by an approved site plan. Prior to the commencement of any activity set forth in § 301-6.4.2 or available as of right, the project proponent shall obtain site plan approval from the Planning Board in accordance with the Planning Board's Site Plan Regulations.
2. 
The Planning Board shall act as the Special Permit Granting Authority (SPGA) for all projects requiring site plan approval as determined by the Building Commissioner acting in his capacity as Zoning Enforcement Officer.
3. 
Where a Special Permit by the Planning Board is also required, the Site Plan Review and Special Permit shall be consolidated into a single review and approval process. Accordingly, the Site Plan Regulations shall require applicants submit Special Permits and Site Plan Review applications as a consolidated application.
§ 301-6.4.5. 
Adoption of rules, regulations, and standards.
1. 
The Planning Board shall adopt and may from time to time amend reasonable Rules and Regulations for the administration of this § 301-6.4, Site Plan Review provisions. At a minimum, these Rules and Regulations shall specify:
a. 
Requirements for submissions including but not limited to the number and form of submissions, required contents of application submissions, and required narratives and impact assessments.
b. 
Requirements for preparation of site plans and required contents of site plans.
c. 
Procedures for submission of applications.
d. 
Procedures for ensuring coordination of application reviews with other board and departments.
e. 
Procedures for review of applications.
f. 
Procedures for coordination of site plan review with Special Permit review and Stormwater Management Permit review.
g. 
Application and Project Review Fees and payment of said fees.
h. 
Provisions for use of outside consultants for review of applications in accordance with State Law.
i. 
Rules for granting of waivers from strict compliance with the Rules, Regulations, and Standards.
j. 
Rules for determining Site Plan Review applicability to cumulative development activities.
2. 
The Planning Board's Site Plan Regulations shall define "parties in interest" consistent with MGL, c. 40A, § 11; provide for notification of the "parties in interest," and publication and posting of Notices of Public Hearing consistent with MGL c. 40A.
3. 
The Planning Board may adopt and may from time to time amend reasonable Site Design Standards as part of the Site Plan Regulations.
a. 
Site Design Standards adopted by the Planning Board may address all topics the Planning Board deems relevant and appropriate; however, they shall not conflict with standards specified in the Zoning Bylaw in regard to parking or signs nor shall they conflict with standards specified in regards to stormwater management in Chapter 164 of the Code of the Town of Sterling.
4. 
The Planning Board may make provisions in its Site Plan Regulations for "minor site plan review" for a classification of activities regulated under § 301-6.4.2, Applicability, which are deemed by the Planning Board to have limited impacts and warrant a less strict level of review than other projects.
5. 
All Site Plans shall conform to the Planning Board Site Plan Regulations.
§ 301-6.4.6. 
Procedures.
1. 
Use, structure, or activity available as of right or Special Permit. An application for a Building Permit to perform work as set forth in § 301-6.4.2 available as of right shall be accompanied by an approved site plan. Prior to the commencement of any activity set forth in § 301-6.4.2 or available as of right, the project proponent shall obtain site plan approval from the Planning Board.
2. 
Applicants for Site Plan Approval shall prepare applications and plans and submit materials in accordance with the Planning Board Site Plan Regulations.
3. 
Application materials shall be distributed for review by relevant Boards and Departments in accordance with the Planning Board's Site Plan Regulations.
4. 
Decision on a site plan must be made at a public meeting in accordance with the Planning Board's Site Plan Regulations.
5. 
Decisions on a site plan must be made within 90 calendar days of the date of submission unless the deadline is extended by mutual consent.
§ 301-6.4.7. 
Decisions.
1. 
No building permit shall be issued by the Building Commissioner without the written approval of the site plan by the Planning Board, except in the instance of the Board failing to act as provided in § 301-6.4.7, Subsection 7, below.
2. 
Approval of a Site Plan requires an affirmative vote of a simple majority of those members present.
a. 
This does not change the requirement for a super majority of the Board to approval a Special Permit even when the Site Plan Review and Special Permit are interconnected and undertaken by the same Board.
3. 
Site Plan Decisions shall be:
a. 
In writing.
b. 
Made at a posted public meeting.
c. 
Filed with the Town Clerk, mailed to the applicant, and filed with the Building Commissioner.
4. 
Decisions must be filed with the Town Clerk and mailed to the applicant in accordance with the Planning Board's Site Plan Regulations.
5. 
Extension of deadlines. The deadline for rendering and filing of decisions may be extended by mutual written agreement between the applicant and the Planning Board.
6. 
Written decision options. The Planning Board Decision on an application shall consist of either of the following:
a. 
A written approval of the proposed project;
b. 
A written denial of the application, stating reason for such denial; or
c. 
A written approval subject to any reasonable conditions, modifications, and restrictions as the Planning Board may deem necessary to satisfy this bylaw. Such conditions may include provision for a Performance Guarantee to ensure satisfactory completion of specified elements of the approved plan in accordance with the Planning Board's Site Plan Regulations.
7. 
Constructive approval. Failure of the Planning Board to file a Decision with the Town Clerk within the time specified herein shall be deemed approval of the Site Plan as submitted. Where an applicant believes such constructive approval has occurred, they shall follow the procedures below:
a. 
The applicant shall obtain a certification from the Town Clerk that no action has been taken within the specified time required.
b. 
A copy of this Town Clerk certification shall be filed by the applicant with the Building Commissioner and the Planning Board.
§ 301-6.4.8. 
Review standards. Site plan approval shall be granted upon determination by the Planning Board that the following standards have been satisfied.
1. 
Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations.
2. 
New building construction or other site alteration shall be designed in the site plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to:
a. 
Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;
b. 
Maximize pedestrian and vehicular safety both on the site and egressing from it;
c. 
Minimize obstruction of scenic views from publicly accessible locations;
d. 
Minimize visual intrusion by controlling visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
e. 
Minimize glare from headlights through plantings or other screening;
f. 
Minimize lighting intrusion through use of devices confining illumination to the site;
g. 
Minimize unreasonable departure from the color, character, scale, and architectural style of buildings in the vicinity, as viewed from public ways;
h. 
Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances;
i. 
Compliance with the provisions of this Zoning Bylaw, including parking and landscaping.
3. 
The site plan generally conforms to the provisions of the Planning Board's adopted Site Development Standards as provided in the Board's adopted Site Plan Regulations.
4. 
The site plan is supportive of or furthers the goals and objectives of the Master Plan; particularly, as those goals and objectives relate to the site design criteria set forth in the Planning Board's Site Plan Regulations.
§ 301-6.4.9. 
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
1. 
The Planning Board shall be the authority in determining whether the project has achieved "substantial use." To provide clear guidance to applicants regarding standards to be used in determining whether "substantial use" has occurred, the Planning Board may adopt standards regarding "substantial use" as part of the Planning Board Site Plan Rules, Regulations, and Standards.
§ 301-6.4.10. 
As-built plan. Within 30 days after completion of the project an as-built plan will be submitted to the Planning Board in accordance with the Planning Board Site Plan Rules, Regulations, and Standards.
§ 301-6.4.11. 
Violations. Violations of the approved site plan or any conditions of approval shall be subject to the provisions of § 301-6.1 of the Zoning Bylaw.
This bylaw may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in MGL c. 40A, § 5, and any amendments thereto.
§ 301-6.6.1. 
Other laws. Where the application of this bylaw imposes greater restrictions that those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this bylaw shall control.
§ 301-6.6.2. 
Conformance. Construction or operations under a building permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision herein.