[HISTORY: Adopted by the Planning Board of the Town of Sterling 6-26-2025. Amendments noted where applicable.]
A.
"Substantial use." The Planning Board shall define how "substantial use" is to be determined for each project in its Site Plan Review decisions.
B.
Resumption of discontinued use. When a use has been discontinued for 60 consecutive months, resumption of the use shall be treated as a "Change of Use" and subject to Site Plan Review.
C.
Day to day interpretation/administration. The Town Planner in concert with other Town officials as they determine appropriate, shall be responsible for interpreting and administering these Regulations.
D.
Conflicting Regulations. Where these regulations conflict with any other laws or regulations, the more stringent regulations shall apply.
A.
Minimum Requirements. To be considered a complete application, at a minimum, all submissions for Site Plan Review to the Town Planner must include the following:
(1)
Application Form. Submissions must include a completely filled out and properly signed Application Form (see Appendix A).40
(a)
Data on traffic generation is to be based on the Institute of Traffic Engineers Trip Generation Manual (most current edition).
(2)
Project Narrative. An overview of the project including but not limited to the following:
(a)
Summary of proposed site improvements.
(3)
Photographs of site including any existing buildings.
(4)
Proposed building elevations depicting the north, east, south, and west sides.
(5)
Lighting plan depicting the location and type of outdoor lighting and lighting fixtures.
(a)
A photometric analysis depicting the illumination impact throughout the site and particularly on adjoining properties may be required by the Planning Board.
(7)
Description of conformity to the Site Design/Development Standards.
B.
Change of Use Submissions. In addition to the requirements specified in § 403-6A above, applications for Change of Use shall also include:
(1)
A description of the existing use (or previous use if the subject property or building space is currently vacant).
(2)
A description of the amount of existing building space proposed to be used for customer service and amount to be used for storage.
A.
Threshold. Projects meeting either of the thresholds below shall provide an Environmental Assessment conforming to this section.
B.
Scope. An Environmental Assessment shall include the following information/materials:
(1)
Physical Environment. A description and analysis of the existing physical characteristics of the site.
(2)
Built Environment. A description of the human use-built environment including existing infrastructure, zoning districts and other relevant land-use designations or plans business districts, industrial parks, and housing.
(3)
Assessment of Impacts and Mitigation Measures.
(a)
A thorough statement providing an assessment of the potential environmental impacts based on the foregoing inventory and assessment. Where appropriate and feasible, the assessment statement is to include quantities of the impacts (such as, the quantity of wetland resource areas to be altered, the level of noise to be generated compared to the acceptable levels as outlined in the MassDEP Noise Policy, number of housing units to be removed, etc.
(b)
A thorough listing and description of the applicant's proposed measures to mitigate the identified potential environmental impacts. This detail of the mitigation measures shall include, to the extent feasible, the one-time and ongoing cost of implementing and maintaining said measures.
C.
Qualifications of preparer. The Environmental Assessment shall include the qualifications of the persons involved with preparing the Environmental Assessment.
(1)
The documentation provided must demonstrate to the Board's satisfaction that the persons preparing all or parts of the Environmental Assessment are sufficiently qualified by means of education, certifications, and/or experience to conduct the assessments,
A.
Threshold. Projects meeting either of the thresholds below shall provide a Traffic Impact Statement conforming to this section.
(1)
Projects subject to review under the Massachusetts Environmental Policy Act (MEPA).
(2)
Projects projected to generate 400 vehicle trips per day (average daily traffic) or 50 vehicles per peak hour.
(3)
Projects which the Board determines have the likelihood of having a significant impact on vehicular and/or pedestrian traffic flow, safety, and/or patterns - even if a project does not meet either of the above specified thresholds.
B.
Scope. A Traffic Impact Assessment sufficient to identify traffic management improvements or changes needed to mitigate the traffic impacts of the proposed development shall include the following information/materials:
(1)
Sight distance analysis, Sight distances and sight lines at the proposed project entrance and exits.
(2)
Levels of Service (LOS) Analysis of intersections within 500 feet of the site or any nearby intersection clearly impacted by the development.
(3)
Projected number of vehicle trips to enter or depart from the site shall be estimated for peak hour and average daily traffic.
(4)
Proposed bike/pedestrian flow movement on the site.
(6)
Construction Traffic. The projected vehicle trips and analysis of the project's impacts shall include separate information on the projected construction traffic with particular focus on truck traffic.
(7)
Assessment of Impacts.
(a)
Identification of potential adverse impacts on traffic.
(b)
Proposed mitigation measures.
(c)
Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections, below Level of Service (LOS) D, based on peak-hour traffic volumes. When the existing LOS is below LOS D, the proponent shall propose mitigation to maintain or improve performance indicators.
C.
Qualifications of preparer: The traffic impact assessment shall be prepared by a registered professional civil or traffic engineer in the Commonwealth of Massachusetts.
A.
Preparer. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate.
B.
Scale. All plans shall have a minimum scale of one inch equals 40 feet.
C.
Dimensions and Scales. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal.
D.
Size. Site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets.
A.
General requirements. Except as provided in § 403-6B (Change of use submissions) of these Regulations or as waived by the Planning Board, a site plan shall show:
(1)
A locus plan at a scale of one inch equals 400 feet showing the exact site location in relation to two or more existing streets.
(2)
The location and boundaries of the parcel/lot, adjacent streets or ways, and the location and owner's names of all adjacent properties.
(3)
Existing and proposed topography at two-foot contour intervals including contours, the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding, and unique natural land features with information sufficient to permit location of same on ground.
(4)
Existing and proposed buildings and structures, including fences, loading areas, accessory buildings, signs, waste disposal areas, and storage areas including dimensions and elevations.
(6)
Locations of existing and proposed bicycle facilities on and adjacent to the project site.
(7)
Water provision, including fire protection measures.
(8)
All wetlands and waterbodies on the property and within 100 feet of the property.
(9)
Location and a description of all existing and proposed septic systems, water supply, utilities, and refuse and other waste disposal methods.
(10)
Location and dimensions of parking, walkways, driveways, and other access and egress points.
(11)
Existing and proposed easements including their purpose and dimensions.
(12)
Existing trees ten-inch caliper or better and existing tree/shrub masses; proposed planting, landscaping, and screening.
(13)
Existing and proposed exterior lighting and signage.
(14)
Location and a description of existing and proposed open space or recreation areas.
(15)
Areas for snow storage.
(16)
Other details necessary to demonstrate compliance with all applicable provisions of the Protective Bylaw and these Regulations.
B.
Plan Sheets. For complex projects where including all of the required information specified in § 403-10A above on a single sheet would impair the ability to review the site plan thoroughly, the site plan should have several sheets as determined by the Town Planner in the Pre-submission Conference.
C.
Details. As appropriate, project elements details shall be provided on sheets supplementing the site plan.
A.
B.
Topical design standards.
(1)
Building siting, arrangement, appearance, and visual integration.
(a)
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 applicable codes, bylaws, and regulations.
(b)
Buildings and renovations shall be of a design similar to or compatible with traditional architecture in Sterling in terms of scale, massing, roof shape, spacing and exterior materials.
(c)
Major dimensions of the building are approximately parallel or perpendicular to one or more nearby streets, if within 100 feet of such street.
(d)
Proposed buildings should relate harmoniously to each other.
(e)
In the instance of larger buildings, breaks in massing, roof planes, wall planes, and other means are used to reduce the apparent difference in scale.
(f)
In the instance of larger buildings, particularly industrial and warehousing facilities, primary wall, and roof surfaces appear similar to the materials commonly found on existing buildings within the Town.
(g)
The building nor building facade is not made into a sign through painting with bold colors or other graphics devices, or through otherwise use of unconventional building form.
(h)
Buildings should be located to preserve and complement natural, historic, and scenic areas, and to reduce the visual impact of the buildings from adjacent properties.
(2)
Parking and internal circulation.
(a)
General principle: Development design shall provide for safe and convenient driveway and circulation systems.
(b)
Shared parking and driveway facilities among adjacent businesses/developments is encouraged.
(c)
Where feasible and appropriate, parking areas should be located to the side and rear of the structure.
(3)
Landscaping - general.
(a)
General principle. Landscaping shall be an integral part of the proposed site design, and shall enhance the design and arrangement of structures, and define usable public and private outdoor spaces.
(b)
The preservation of mature plant species, hedgerows, and woodlots shall be encouraged and included as a design element in the development of the site and to serve as natural buffer.
(c)
The Planning Board may require that shade trees at least six feet tall and two-inch caliper be planted and maintained at twenty- to forty-foot intervals along roads, at a setback distance acceptable to the DPW Superintendent.
(d)
Landscaping shall be set back from entrance and exit ways and/or "sized" to allow for safe exiting sight distances.
(e)
Exposed storage areas, machinery, HVAC equipment, service areas, dumpsters, truck loading areas, utility buildings and structures and generally objectionable uses shall be screened from view from adjacent properties, recreation areas, and streets by dense evergreen plantings, earthen berms, walls, or fences complimented by evergreen plantings in conformity with § 301-3.2.6.1 of the Protective Bylaw.
(f)
All landscaped areas shall be maintained in a healthful condition.
(5)
Outdoor lighting.
(a)
The site design shall minimize intrusion of light into adjacent properties and shall minimize excessive night-sky lighting while ensuring adequate light for safe use of the property.
(c)
Outdoor lighting fixtures shall be cut-off type, mounted no higher than 15 feet and oriented and shielded to be dark sky compliant and to avoid glare on adjoining properties — particularly residentially developed properties.
(7)
Integration of Development into Natural Conditions.
(a)
The development shall be integrated into the existing terrain and surrounding landscape.
(b)
Alteration of natural grades is to be minimized; thus, development projects shall be so designed to minimize the volume of cut and fill - with special consideration to minimize the extent of net removal of natural material off site.
(c)
Unique natural, scenic, cultural, archeological, and historical features/areas are to be located and preserved through integration into the project plan.
(8)
Storm drainage.
(a)
Stormwater management of the development shall conform to the requirements of Chapter 164 of the Code of Sterling.
(b)
Where appropriate, planting areas should be designed to capture, use, and infiltrate stormwater runoff.
(c)
Use of permeable asphalt and similar methods for parking areas and walkways is encouraged and will be a factor the Board will consider when waivers are requested.
(9)
Underground utilities.
(a)
All electric, fiber optic, telephone, cable TV, and other utilities shall be placed underground in strict conformity with the requirements of the particular utility company for such installations.
(10)
Circulation.
(a)
Site designs shall provide for the convenience and safety of vehicular, bicycle, and pedestrian movement within the site and should provide connections, wherever feasible and appropriate, to adjoining public ways and properties.
(b)
Bicycle parking spaces and racks are to be provided in an area that does not conflict with vehicle circulation or parking.
(11)
Traffic management.
(a)
Projects are to be designed, to the extent feasible, to mitigate its impact on the level of service of adjacent roads and intersections.
C.
Relationship to other applicable regulations/documents.
(1)
Where these Design Standards conflict with other applicable regulations, the more stringent regulations shall be applicable.
(2)
The project plan must take into consideration and reflect the need for any on-site septic system elements.
(3)
If the project is located in the Town Center, applicants are encouraged to review the Town Center Guidelines document.
A.
Prospective applicants are encouraged to participate in one or more pre-application meetings coordinated by the Town Planner involving as many of the affected departments, boards, and commissions as appropriate and feasible. Such preliminary reviews and consultations can prevent delays in the processing of the Site Plan Review Permit Application.
B.
Prospective applicants are encouraged to initiate such consultations prior to developing a project plan and to engage in at least one such consultation after a preliminary plan is developed.
A.
Completeness review. Upon receipt of an application, the Town Planner shall review the materials to determine whether:
B.
Limited scope of completeness review. The Completeness Review is not to be used to make qualitative judgements regarding whether the project meets the Site Plan Review Standards detailed in § 301-6.4 of the Protective Bylaw.
C.
Determination submittal is incomplete. If the Town Planner determines that portions of the application submission are not complete.
(1)
The Town Planner shall notify the applicant of such findings and make the applicant aware that the Town Planner would need to recommend that the submission be denied due to the submission deficiencies.
D.
Advisory reviews.
(1)
The Town Planner shall transmit copies of the application submission along with the Town Planner completeness review to the Board of Health, Director of Public Works, Police Chief, Fire Chief, the Building Inspector and the Conservation Commission for their advisory review and comments.
A.
Public hearing required. Except for Minor Site Plan Reviews and "De-Minimis" changes, action on Site Plan Review submissions require a public hearing before the Planning Board. Public Hearings shall be noticed, advertised, and conducted in accordance with this section.
B.
Notice of Public Hearing. The Town Planner, on behalf of the Planning Board, shall:
(1)
Draft a notice of public hearing which shall contain the name of the applicant, a description of the area or premises, street address, or other adequate identification of the location, the date and place of the public hearing, the subject matter of the hearing, and the nature of the action requested.
(2)
Notify all parties of interest by mail of the date, time, place, and subject of the public hearing by including a copy of the posted notice of public hearing.
(3)
Cause a notice of the public hearing to be posted in Town Hall.
(4)
Cause a notice of the public hearing to be published in a newspaper of general circulation in the Town in each of two consecutive weeks; the first publication to be not less than 14 days and the second publication not less than seven days before the day of the meeting/hearing.
C.
Attendance/participation in the Public Hearing.
(1)
All hearings shall be open to the public. At the hearing, any party, whether entitled to notice thereof or not, may appear in person or by agent or attorney.
(a)
Participation in the public hearing is a right but subject to participants adhering to reasonable rules of conduct. Accordingly, no person shall be excluded unless deemed by the Chair to be a serious hindrance to the proceeding of the hearing.
[1]
All comments/questions are to be directed to the Chair who shall ask for response from a particular party to the public hearing.
(b)
The Chair may set forth some rules of conduct to ensure that the public hearing is properly conducted and persons are given an opportunity to speak. Examples of such rules may include:
(2)
All documents/materials presented at the public hearing must be submitted to the Planning Board to be retained as part of the record the public hearing.
(3)
Representation and Absence of the Applicant.
(a)
An applicant may appear on their own behalf or be represented by an agent or an attorney.
(b)
The applicant shall authorize such representation by an agent in writing.
(c)
In the event of the absence of the applicant or their representative at a duly scheduled and noticed hearing, the Board may render a decision on the application using information submitted or otherwise received.
D.
Conduct of Public Hearing.
(1)
The public hearing shall be held at the call of the Chair.
(2)
All questions shall be directed through the Chair.
(3)
Persons wishing to be heard must be recognized by the Chair and must state their name and address prior to asking a question.
(4)
After the opening of the public hearing, the order of business will generally proceed as follows:
(a)
The Chair shall read the legal notice.
(b)
Presentation by the applicant, which may be limited at the discretion of the Chair.
(c)
Questions or comments by the members of the Board.
(d)
Questions or comments from the Town Planner and town staff, followed by responses by the applicant.
(e)
Questions by members of the public seeking information.
(f)
Applicant's rebuttal (if applicable), which shall be restricted to matters raised by opponents.
(g)
Board members ask for any additional information needed to render a decision.
(h)
The Chair, upon majority vote of the Board, continues the public hearing to a date, time, and place certain that is announced at the public hearing or closes the public hearing if the Board feels they have received sufficient information to render a decision.
(i)
Upon the close of a hearing, no additional information received by the Board may be used in the making of its decision.
A.
B.
Threshold. Subject to the conditions detailed in § 403-15C below, the following qualify for Minor Site Plan Review:
(1)
Exterior expansion not more than 50% of the existing building's floor area.
(2)
New parking areas (including expansion of existing parking areas) not more than 4,500 square feet.
(3)
Change of Uses but do not involve any new construction (other than interior renovations or alterations with no increase in floor area) and the new use will not require more than 4,500 square feet if additional parking area.
C.
Conditions. Projects which meet one or more of the following conditions shall not qualify for a "Minor Site Plan" Review even though they meet the threshold in § 403-18B above:
(1)
The use proposed for the site requires a Special Permit.
(2)
The property abuts residentially developed or zoned property unless the proposed building or portion of the building to be used for the project is at least 300 feet from the nearest dwelling unit.
(3)
The project site was developed based on a prior Site Plan Review with conditions and the proposed activity would involve an alteration of one or more of the conditions.
(4)
The project site is the subject of a Zoning Violation complaint at the time application is made for Site Plan Review.
D.
Applications and procedures for determination.
(1)
(2)
No public hearing shall be required for the Minor Site Plan Review.
(3)
Within five business days of receipt of the application, the Town Planner shall determine whether or not the project qualifies for a Minor Site Plan Review by meeting the Threshold and Conditions outlined in § 403-15B and C.
(a)
In the absence of the Town Planner, the Planning Board shall designate someone to make such a determination.
(b)
If the Town Planner determines that the project does not qualify for a Minor Site Plan Review, the applicant shall be so notified and the applicant may submit the project as for Regular Site Plan Review.
E.
Processing. All projects determined to qualify for Minor Site Plan Review shall be processed as follows:
(1)
Minor Site Plan Review applications shall be processed in the same manner as other Site Plan Review applications (see § 403-13 above), except as stated herein.
(2)
Departments shall be provided 14 calendar days in which to respond to the Director with comments.
(3)
Within four weeks of receipt of the application, the Planning Board shall consider the application at a public meeting for which such matter is identified on the agenda for consideration.
[Amended 10-23-2025]
The Planning Board may employ outside consultants with the necessary expertise to review application submissions and advise the Board on those applications which require, in the judgment of the Planning Board, review by outside professional consultants due to the size, scale or complexity of a proposed project, the project's potential impacts, or because the Town lacks the necessary expertise to perform the review work related to the permit or approval. Such assistance may include, but shall not be limited to, analyzing an application, monitoring, or inspecting a project or site for compliance with the Board's decisions or regulations, or inspecting a project during construction or implementation.
C.
Amount of review fees.
(1)
Review fees required by the Planning Board shall be reasonable and directly related to the project undergoing review.
(2)
Initial fee deposit. The applicant shall deposit a sum of $2,500 for the Project Review.
(3)
Additional review fee. If the amount of the review fee deposited with the Town is insufficient to cover the costs of outside professional expertise and/or consultant review, the Board may require the applicant to pay an additional review fee to cover these costs, provided these costs are reasonable and directly related to the project undergoing review.
A.
A waiver of strict compliance from these Rules, Regulations, and Standards may be granted if the Planning Board determines that such a waiver is in the public interest and not inconsistent with the intent and purpose of these Regulations and the Protective Bylaw.
B.
All requests for waivers shall:
(1)
Be submitted in writing with the site plan application.
(2)
Specify the provision or provisions of the regulations from which relief is sought.
(3)
Include a statement explaining why the applicant thinks that granting a waiver would be in the public interest and not inconsistent with the purpose and intent of these Regulations and the Protective Bylaw.
C.
Since waivers from these Regulations would impact the Board's ultimate decision on the Site Plan Review application, the Board should take action as early in the public hearing process as possible to approve or deny the request for a waiver.
(1)
If the Board denies the request for a waiver the applicant shall be given an opportunity to withdraw their application without prejudice.
(2)
If the Board denies the request for a waiver and the applicant elects not to withdraw their application:
(a)
The public hearing should be continued to a reasonable date and time to provide the applicant reasonable time to submit the additional materials to the Board.
(b)
The applicant and the Board shall agree in writing to extend the deadline for the Board to make a decision on the application by the amount of time that the public hearing is to be continued.
A.
"De-minimis Change" to an Approved Site Plan. The Planning Board may approve "de-minimis" changes to approved sight plans at a public meeting without a public hearing in accordance with the provisions of this subsection.
(1)
Scope of changes. The following changes may be considered "de-minimis" by the Planning Board:
(a)
The total number of parking spaces.
(b)
Parking space sizes and alignment.
(c)
Minor Drainage (surface/stormwater).
(d)
Curb opening dimensions and locations (provided such opening has been approved by the Sterling Department of Public Works and/or MassDOT).
(e)
Removal of underground storage tanks and other underground utilities.
(f)
Minor changes to water and/or sewer.
(g)
Changes in hydrant locations.
(h)
Changes in site/building elevations, and topographic changes on portions of the site.
(i)
Changes in walkways and Handicapped Access Ways.
(j)
Changes in the type of screening/rubbish collection areas.
(2)
Finding required. To grant a change to an approved site plan as "de-minimis," the Planning Board must find that the change is not otherwise inconsistent with these Regulations or with the Town's Protective Bylaw.
(3)
Planning Board as Sole Authority. The Planning is the sole and final authority in determining whether a proposed change is "de-minimis."
(4)
Notice of decision. The Board shall send written notice of its action to the applicant, Building Commissioner, Director of Public Works, and other affected Departments and Boards of its decision regarding a de-minimis change.
B.
Other Changes to an approved site plan. Changes to an approved site plan which are not deemed "de-minimis" by the Planning Board may only be approved in the same manner and procedure as originally followed for approval of the site plan.
C.
Submission for request for changes. Requests for approval of changes shall be submitted to the Planning Board on the Application for Site Plan Approval/Modification.
(1)
The applicant shall indicate if they are requesting a "de-minimis" change and include a narrative statement supporting such a request.
(2)
Submissions for requests for approval of "de-minimis" changes shall adhere to the provisions of § 403-5 above.
(4)
All requests for approval of changes shall include the required application fee.
(5)
Plans submitted in support of requests for approval of changes shall include redlined plans indicating proposed changes and a narrative explaining the reasons for such changes.
A.
These Regulations may be amended by a majority vote of the Planning Board after a public hearing duly advertised once in a paper of general circulation in the Town of Sterling no less than seven days prior to the date of the public hearing.