Town of Sunderland, MA Use and Dimension Regulations

For the purposes of this Zoning Bylaw, the Town of Sunderland is hereby divided into the following districts:

	Village Residence (VR)
	Rural Residence (RR)
	Village Center (VC) [Added 4-27-2012 ATM, Art. 14]
	Commercial 1 (C-1) [Amended 4-29-2005 ATM, Art. 28]
	Commercial 2 (C-2) [Added 4-29-2005 ATM, Art. 28]

Three (3) additional overlay districts are hereby created, a Prime Agricultural District, a Critical Resource District and a Watershed District as defined by § 125-Article II-4, Special Resource Districts, and this section. Overlay districts affect allowed uses and the Dimensional Schedule. (The Dimensional Schedule is located in § 125-Article II-3-E.)

[Added 4-30-1982 ATM, Art. 21; amended 4-28-1989 ATM, Art. 21]

The boundaries of these districts are defined and bounded as shown on the map entitled "Zoning Map," Sunderland, MA dated September 28, 1974, as revised through April 10, 2012, and approved by Town Meeting, which map is on file with the Town Clerk's office. The map, as revised, and all explanatory matter therein are made a part of this Zoning Bylaw.

[Amended 4-30-2010 ATM, Art. 6; 4-27-2012 ATM, Art. 14; 6-6-2020 ATM by Art. 20]

Boundary Definition - Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad or utility easement center or layout lines, boundary or lot lines, water body shoreline or the channel of a stream shall be construed to be actually at those lines. When shown approximately parallel, perpendicular or radial to such lines, they shall be construed to be actually parallel, perpendicular or radial thereto. When not located in any other way, boundaries shall be determined by scale from the map.

Existing Lots - Where a zoning district boundary line divides any lot existing at the time such line is adopted, a use and principal structure permitted in one (1) district in which the lot has lot frontage may be extended into the other district no more than thirty (30) feet with a width of no more than two hundred (200) feet as shown in the diagram.

[Amended 11-29-1999 STM, Art. 1]

§ 125-II-2 Use Regulations.

General - No structure shall be erected or used or land used except as set forth in the Use Regulations Schedule or in § 125-Article II-5, Accessory Uses and Structures, unless exempted by § 125-Article II-3-E, Dimensional Schedule, or by statute.

[Amended 11-29-1999 STM, Art. 1]

Applicability - When an activity might be classified under more than one (1) of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern.

Use Regulations Schedule - More than one use on a lot or within a building on a lot may be allowed by special permit in the C-1 Commercial District and the VC Village Center District according to the requirements of § 125-Article IV-3, Planned Unit Development Overlay District.

[Amended 4-24-1987 ATM, Art. 32; 4-13-1993 STM, Art. 40; 4-26-1985 ATM, Art. 11; 4-28-1995 ATM, Arts. 27, 30; 11-29-1999 STM, Art. 1; 4-28-2000 ATM, Art. 46; 4-29-2005 ATM, Art. 28; 4-24-2009 ATM, Art. 11; 4-29-2011 ATM, Art. 7; 4-27-2012 ATM, Art. 14; 4-27-2012 ATM, Art. 15; 1-28-2019 STM, Art. 3; 6-6-2020 ATM by Art. 20]

KEY:
Symbols employed shall mean the following:
Y	A permitted use
N	An excluded or prohibited use
SP	Permitted only upon issuance of a special permit by the Board of Appeals, as provided in § 125-Article VI-3, Special Permits.
PB	Permitted only upon issuance of a special permit by the Planning Board
SPR	Site Plan Review required

Principal Uses (Note: for accessory uses, see § 125-Article II-5, Accessory Uses and Structures.)			District
			VR	RR	VC	C-1	C-2
Residential uses
	One-family dwelling		Y	Y	Y	Y	N
	Two-family dwelling		SP	SP	SP	SP	N
	Two-family dwelling by conversion of existing structures (see § 125-Article II-2-E, Structure Conversion)		SP	SP	SP	SP	N
	Multifamily dwelling:
		In a major residential development or a Planned Unit Development	PB	PB	PB	PB	N
		By conversion of existing structures (see § 125-Article II-2-E, Structure Conversion)	PB	PB	PB	PB	N
		Apartment on the Upper Floor of New Commercial Structures or Existing Residential Structures converted to Business Uses	N	N	SP	SP	N
		Others	N	N	N	N	N
	Bed-and-breakfast		SP	SP	Y	Y	N
	Nonfamily accommodations (boardinghouse, etc.)		N	N	SP	SP	N
	Major residential development (see definition in § 125-Article I-2, Definitions, and § 125-Article IV-2, Major Residential Development)		Y	Y	Y	Y	N
	Flexible development (see § 125-Article IV-1, Flexible Development)		SPR	SPR	SPR	SPR	N
Extensive uses
	Agriculture or forestry, except cultivation of marijuana		Y	Y	Y	Y	Y
	Agricultural use, parcel less than 5 acres, except cultivation of marijuana		SP	SP	SP	SP	SP
	Campground, extensive outdoor recreation		SP	SP	SP	SP	N
	Commercial earth removal (see § 125-Article III-3-G, Earth Removal or Addition)		N	SP	SP	SP	SP
	Conservation area, wildlife refuge		Y	Y	Y	Y	Y
Community service uses
	Public utility		SP	SP	SP	SP	SP
	School
		Educational use exempted from zoning regulation by MGL c. 40A, § 3	Y	Y	Y	Y	Y
		Other educational use	SP	SP	SP	SP	N
	Church, other religious use		Y	Y	Y	Y	Y
	Other noncommercial community service uses		SP	SP	SP	SP	N
	Family day care for 6 or less children or adults		Y	Y	Y	Y	N
	Family day care for more than 6 children or adults		SP	SP	SP	SP	N
	Municipal uses		SP	SP	Y	Y	Y
Business uses
	Hotel or motel		N	N	PB	PB	PB
	Restaurant		N	N	Y	Y	SP
	Restaurant, take-out		N	N	SP	SP	SP
	Restaurant, drive-in or drive-through		N	N	N	N	SP
	Restaurant, seasonal		SP	SP	Y	Y	SP
	Junkyard, salvage		N	N	N	N	N
	Business, professional offices		N	N	Y	Y	SP
	Commercial recreation		N	N	SP	SP	N
	Farm stand		Y	Y	Y	Y	Y
	Cultivation of marijuana - Building up to 10,000 square feet³		N	N	N	N	SP
	Manufacturing, processing except marijuana processing or product manufacturing		N	N	SP	SP	SP
	Marijuana product manufacturing^{3, 4}		N	N	N	N	SP
	Marijuana research facility or independent testing laboratory³		N	N	N	SP	SP
	Marijuana transporter		N	N	N	N	SP
	Storage and warehousing		N	N	N	SP	SP
	Transportation terminal		N	N	SP	SP	N
	Vehicle repair or sale		N	N	SP	SP	N
	Retail store - Building 2,000 square feet or less except marijuana retailer		N	N	Y	Y	Y
	Retail store - Building greater than 2,000 up to 5,000 square feet except marijuana retailer		N	N	SPR	Y	Y
	Retail store - Building greater than 5,000 up to 10,000 square feet except marijuana retailer		N	N	SP	SP	SP
	Retail store - Building greater than 10,000 square feet		N	N	N	N	N
	Marijuana retailer - Building 2,000 square feet or less³		N	N	N	SP	SP
	Marijuana retailer - Building greater than 2,000 square feet up to 5,000 square feet³		N	N	N	N	SP
	Marijuana retailer - Building greater than 5,000 square feet³		N	N	N	N	N
	Bank		N	N	SP	SP	SP
	Veterinary offices		N	N	SP	SP	SP
	Funeral establishment		N	N	SP	SP	SP
	Theater - Building less than 10,000 square feet		N	N	SP	SP	SP
	Auction gallery		N	N	SP	SP	SP
	Gas station		N	N	N	N	N
	Home-based business		Y	Y	Y	Y	Y
	Adult-oriented business (see § 125-Article V-2, Adult-Oriented Business)		N	N	N	N	PB
Other principal uses
	Where physical appearance, operation, parking requirements, and traffic impact resemble a use permitted (Y or SP) above, and which will not have a detrimental impact on adjacent or nearby uses		N	N	SP	SP	SP
	Large-Scale Ground-Mounted Solar Electric Installations occupying more than 1,000 square feet up to 4 acres and meeting the requirements of § 125-Article V-3, Large-Scale Ground-Mounted Solar Electric Installations¹		PB	PB	PB	PB	SPR²
	Large-Scale Ground-Mounted Solar Electric Installations occupying more than 4 acres and meeting the requirements of § 125-Article V-3, Large-Scale Ground-Mounted Solar Electric Installations		PB	PB	PB	PB	PB

NOTES:
¹	Ground-mounted solar electric installations occupying 1,000 square feet or less which are an accessory use to a residential or non-residential use are allowed "by right." Roof-mounted solar electric installations are allowed "by right."
²	Ground-mounted solar electric installations in the C-2 District occupying four acres of land or less are allowed "by right" and are subject to the requirements of § 125-Article V-3, Large-Scale Ground-Mounted Solar Electric Installations, and Site Plan Review under § 125-Article VI-1-B, Site Plan Review.
³	Use must be set back a minimum of 500 feet from schools, full-day child-care centers, and churches measured from the closest property line of the school, child-care center, or church to the closest property line of the marijuana establishment.
⁴	Including a marijuana "microbusiness" and a "craft marijuana cooperative" as those terms are defined in 935 CMR 500.002, which may include marijuana cultivation as part of the use.

Nonconforming Uses and Structures - Any use or structure not conforming with this Zoning Bylaw may be continued if the use or structure was lawfully existing at the time it became nonconforming, subject to the following:

[Amended 4-28-1989 ATM, Art. 21; 4-26-1996 ATM, Art. 32; 11-29-1999 STM, Art. 1]

Alteration, extension or change - As provided in the MGL c. 40A, § 6, a nonconforming single- or two-family dwelling may be altered or extended, only if the Inspector of Buildings determines that doing so does not increase the nonconforming nature of said structure. Nonconforming structures or uses, other than single- or two-family structures, may be extended or altered on special permit from the Zoning Board of Appeals if the Zoning Board of Appeals finds that such extension or alteration will not be more detrimental to the neighborhood than the existing nonconforming use and meets all other aspects of this Zoning Bylaw including the requirements of § 125-Article VI-3, Special Permits. In the Watershed District, the Zoning Board of Appeals must also find that such an extension or alteration does not increase the danger of groundwater pollution or contamination.

Loss of nonconforming status - A nonconformity which has been changed to a conformity or has been abandoned or discontinued for a period of two (2) years [five (5) years for agriculture, horticulture or floriculture] shall not be reestablished.

Restoration - Any legally nonconforming structure may be reconstructed if destroyed by fire or other accidental or natural cause if reconstruction is begun within twelve (12) months and completed within twenty-four (24) months from the date of the catastrophe, and provided that such restoration or reconstruction shall not exceed the floor area of the original nonconforming structure.

[Editor's Note: Former Subsection E, regarding special permits for two-family dwelling, as added 4-27-1984 ATM, Art. 23, which followed this subsection, was repealed 11-29-1999 STM, Art. 1. Said amendment also provided for the renumbering of former Subsection F as Subsection E.]

Structure Conversion - In order to conserve the existing character of the Town and previous resource investment, a structure in existence April 29, 1978 (whether or not in a major residential development), may be granted a special permit for conversion to two-family or multifamily use in districts where allowed under § 125-Article II-2, Use Regulations, provided that Subsections E(1) through (8) of this subsection are complied with as well as the Special Permit requirements of § 125-Article VI-3, Special Permits.

[Added 4-13-1993 STM, Art. 45; amended 11-29-1999 STM, Art. 1]

[Editor's Note: this section replaced former § 125-15, Structure conversion, amended 4-24-1981 ATM, Art. 19, and 4-24-1987 ATM, Art. 32, which was repealed 4-13-1993 STM, Art. 45.]

To be eligible for conversion, the structure must be located in compliance with current side and rear and front yard requirements and must not exceed current height limitations except that single-family homes in the Village Residential and Village Center Districts shall not be required to meet current side and rear and front yard requirements or height limitations. (See § 125-Article II-3-E, Dimensional Schedule)

[Amended 4-28-1995 ATM, Art. 30]

Lot area must be not less than the minimum required under § 125-Article II-3-E, Dimensional Schedule, for a single-family dwelling at that location, plus fifty percent (50%) of that required area for each dwelling unit in excess of one (1).

[Amended 4-28-1995 ATM, Art. 30]

The added dwelling units must be served by the Town sewerage system or by a new on-site disposal system meeting the requirements of Title 5 of the State Environmental Code.

No addition or extension to the principal structure shall be made.

Parking requirements of § 125-Article III-1, Parking and Loading Requirements, shall be strictly observed. No parking space shall block egress from another parking space.

Each dwelling unit shall meet all requirements of the State Building Code and of Article II of the State Sanitary Code.

The safety, convenience and amenity of the dwellings shall be, in the judgment of the Board of Appeals, equal or superior to that characteristic of new multifamily housing in the region.

No additional exterior entrances shall be created if visible from a street.

§ 125-II-3 Dimensional Requirements.

General.

No structure shall be erected or used, premises used or lot changed in size or shape except in conformity with the requirements of this section, unless exempted by this Zoning Bylaw or by statute (see especially MGL c. 40A, § 6). Any increase in lot area, frontage, yard or coverage requirements of this Zoning Bylaw shall not apply to the erection, extension, alteration or moving of a structure on a legally created lot not meeting current requirements, provided that the applicant documents that:

At the time such increased requirement became applicable to it, the lot:

Had at least five thousand (5,000) square feet of lot area and fifty (50) feet of frontage on a street;

Was held in ownership separate from all other lots having frontage within one thousand (1,000) feet on that same street; and

Conformed to then-existing dimensional requirements.

The lot is not to be used for multifamily, hotel, motel or campground use.

Such nonconforming lots may be changed in size or shape or their land area recombined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots.

Principal Building - Not more than one (1) dwelling or principal building shall be erected on a lot in any district, except as follows. There may be more than one (1) principal building on a lot in the Village Center or C-1 Commercial Districts provided that a special permit is granted in accordance with the requirements of § 125-Article IV-3, Planned Unit Development Overlay District. There may be more than one (1) principal building on a lot in any district as long as each building is a municipal use.

[Amended 11-29-1999 STM, Art. 1; 4-28-2000 ATM, Art. 48; 4-29-2002 ATM, Art. 29; 4-29-2005 ATM, Art. 28; 4-28-2006 ATM, Art. 21]

Rear Lots in Residential Districts - No rear lots shall be permitted in the Prime Agricultural District. In other areas of residential zoning districts, the street frontage for a rear lot may be reduced from the requirements of the Dimensional Schedule, provided that all of the following conditions can be met for each lot created lacking such frontage:

[Amended 4-24-1981 ATM, Art. 22; 4-30-1982 ATM, Art. 21; 4-25-1986 ATM, Art. 16; 4-28-1990 ATM, Art. 21; 11-29-1999 STM, Art. 1]

The area of said lot is at least double the minimum area normally required for the district.

A building envelope is designated on the plan, identifying the area where the principal building will be located. The width of the lot where the building envelope is located must equal or exceed the number of feet normally required for street frontage.

Lot width is at no point less than forty (40) feet, and lot frontage is not less than forty (40) feet.

Rear lots shall be permitted in the Watershed District only if there is access to public sewer.

No dwelling or accessory structure shall be constructed on a rear lot within thirty (30) feet of any property line or within seventy-five (75) feet of any dwelling on an adjacent lot.

Rear lots shall be served by a driveway not longer than eight hundred (800) feet and not wider than fourteen (14) feet.

Rear lots in Commercial and Village Center Districts - No rear lots shall be permitted in the Prime Agricultural District. Site plan review and approval shall be required for any nonresidential use in accordance with § 125-Article VI-1-B, Site Plan Review. Individual lots need not have the required amount of street frontage, provided that a special permit is granted by the Planning Board according to the requirements of § 125-Article VI-3, Special Permits, and that all of the following requirements can be met for each lot created lacking such frontage:

[Added 2-3-1993 STM, Art. 2, which further redesignated former Subsections D, E and F as Subsections, E, F and G, respectively; amended 11-29-1999 STM, Art. 1]

The area of said lot is at least double the minimum area normally required in the district.

Lot width is at no point less than fifty (50) feet, and lot frontage is not less than fifty (50) feet.

Rear lots shall be permitted in the Watershed District only if there is access to public sewer.

No principal or accessory structure shall be constructed on a rear lot within thirty (30) feet of any property line or within one hundred (100) feet of any dwelling on an adjacent lot.

Allowable commercial principal uses on a rear lot shall be limited to business offices and/or professional offices.

No rear lot frontage shall be permitted adjacent to any other rear lot frontage.

Rear lots shall be served by a driveway not longer than eight hundred (800) feet and not wider than fourteen (14) feet.

Dimensional Schedule - Structures shall comply with the Dimensional Schedule below except as specifically provided for in this Zoning Bylaw.

	Dimensional Schedule
	For accessory structures, see § 125-Article II-5-E.
	For major residential development see § 125-Article IV-2.
	[Amended 9-27-1979 STM, Art. 13; 4-30-1982 ATM, Art. 21; 4-25-1986 ATM, Arts. 17 and 18; 4-24-1987 ATM, Art. 30; 11-29-1999 STM, Art. 1; 4-29-2002 ATM, Art. 33; 4-29-2005 ATM, Art. 28; 4-24-2009 ATM, Art. 11; 4-29-2011 ATM, Art. 7; 4-27-2012 ATM, Art. 14; 4-27-2012 ATM, Art. 15; 4-25-2014 ATM, Art. 15; 6-6-2020 ATM by Art. 20]

Districts	Minimum Lot Area (square feet)^a,e	Minimum Lot Frontage (feet)^e,f	Minimum Front Yard (feet)	Minimum Side & Rear Yard (feet)	Maximum Building/ Structure Height (feet)	Maximum Lot Coverage Buildings (%)	Maximum Lot Coverage Buildings, Structures and Paving (%)
VR	20,000^e	120^c,e	25^d,h	15^h	35ⁱ	25	50
RR	32,000^e,g	150^e,g	30^d,h	20^h,j	35ⁱ	25	50
VC	20,000	120^c	25^d,h	15^b,h	35ⁱ	35	65
C-1	32,000	200	25^h	40^h	35ⁱ	35	65
C-2	32,000	200	60^h	20^b,h	35ⁱ	35	65

	NOTES:
	^a	Increase by fifty percent (50%) for two-family units, increase by 100% for a dwelling containing 3 dwelling units and 150% for a dwelling containing 4 dwelling units. For example in the VR District the minimum lot area would be: 30,000 sq. ft. for a Two-Family Dwelling; 40,000 sq. ft. for a dwelling with 3 dwelling units; and 50,000 sq. ft. for a dwelling with 4 dwelling units.
	^b	Increase to thirty-five (35) feet for commercial use when abutting a residential district.
	^c	Increase to one hundred forty (140) feet for two (2) or more dwelling units on a lot.
	^d	Along a public way with a width of fifty (50) feet or less, the minimum setback shall be fifty-five (55) feet from the center line of the public way.
	^e	Increase to three (3) acres minimum lot area and two hundred (200) feet minimum frontage for the Watershed District, except that lots within the Watershed District having two hundred (200) feet of frontage on Route 116, Bull Hill Road or East Plumtree Road shall be permitted with a minimum lot size of thirty-two thousand (32,000) square feet.
	^f	The width of the lot where the principal structure is to be built shall not be less than the minimum frontage requirement for a lot, other than a rear lot, in such district.
	^g	Increase to two (2) acres the minimum lot area and to two hundred (feet) the minimum lot frontage for the Prime Agricultural and Critical Resource Overlay Districts.
	^h	Increased to 75 feet on front, side and rear yards for Large-Scale Ground-Mounted Solar Electric Installations.
	ⁱ	Decreased to 15 feet for any component of a Large-Scale Ground-Mounted Solar Electric Installation.
	^j	Decrease to 10 feet, with a "one to one" rule for accessory structures between 10 and 20 feet tall. Under this measure, an accessory structure would need to be set back as many feet from the property line as its height, up to 20 feet.

Sight Obstruction - At corners, no sign (except signs erected by a public agency), fence, wall, hedge or other obstruction shall be allowed to block vision between two and one-half (2 1/2) and eight (8) feet above the street grade within an area formed by the intersecting street lines and a straight line joining the points on said street lines twenty-five (25) feet back from their point of intersection.

[Amended 11-29-1999 STM, Art. 1]

§ 125-II-4 Special Resource Districts.

[Added 4-24-1987 ATM, Art. 33; amended 4-28-1989 ATM, Art. 21; 4-28-1995 ATM, Art. 28; 11-29-1999 STM, Art. 1]

[Editor's Note: This section replaces former § 125-14, Critical Resource District, amended 4-25-1986 ATM, Art. 14, and 4-24-1987 ATM, Art. 33, which was repealed 11-29-1999 STM, Art. 1.]

Purpose - Special resource districts are the Prime Agricultural District, the Critical Resource District and the Watershed District. The purpose of special resource district provisions is to ensure that lands critical to the environmental quality of the Town of Sunderland not be physically developed prior to consideration of alternatives to such development. The Prime Agricultural, Critical Resource and Watershed Districts, as shown on the Zoning Map, shall be considered to be superimposed over any other district established in this Zoning Bylaw.

Regulations - Land in any special resource district may be used as otherwise permitted in the underlying district, subject to the following:

New buildings or structures or excavation, dredging or filling of land shall be allowed within the Critical Resource District only upon approval of a special permit by the Planning Board and only if in conformity with the requirements of the underlying district. However, additions, alterations and land excavation and filling incidental to an existing residential use shall not be subject to the special permit requirement. Accompanying the application for such permit shall be three (3) copies of a report prepared by the applicant, in detail commensurate with the scale of the proposed undertaking, outlining the effect of the proposed action upon the environment. Such report shall consider, where germane, surface and ground water hydrology, water quality, soil erosion or stability, natural habitats, scenic or historic environs and other environmental considerations. Copies of the application and the report shall be transmitted to the Conservation Commission by the Town Clerk within seven (7) days of the filing of the application. The Planning Board shall not act upon the application until receipt of recommendations from the Conservation Commission, unless thirty-five (35) days elapse following receipt of the application materials without receipt of such recommendations.

Major residential developments within the Watershed District, Critical Resource District, or Prime Agricultural District shall be allowed only upon approval of a special permit by the Planning Board and only if in conformity with the requirements of the underlying district. Accompanying the application for such permit shall be three (3) copies of a report prepared by the applicant, in detail commensurate with the scale of the proposed undertaking, outlining the effect of the proposed action upon the environment. Such report shall consider, where germane, surface and ground water hydrology, water quality, soil erosion or stability, natural habitats, scenic or historic environs and other environmental considerations. Copies of the application and the report shall be transmitted to the Conservation Commission by the Town Clerk within seven (7) days of the filing of the application. The Planning Board shall not act upon the application until receipt of recommendations from the Conservation Commission, unless thirty-five (35) days elapse following receipt of the application materials without receipt of such recommendations. In acting on major residential development proposals, if the Planning Board determines that neither the basic development proposal before it nor any submitted alternatives can adequately protect agricultural activity, scenic views, habitats, fragile natural environments or other critical environmental resources, it may grant a special permit only upon the determination that nondevelopment alternatives for utilization of site value have been reasonably pursued and found to be infeasible, including transfer of development rights or sale of land or rights to other organizations having land preservation purposes.

[Amended 4-29-2011 ATM, Art. 7]

With respect to a special permit application in a Special Resource District, the Planning Board shall take one (1) of the following actions:

If the Planning Board finds that the proposal is consistent with the purpose and all other requirements of this Zoning Bylaw, and with the resource character of the land, the Planning Board may grant a special permit without stipulation and no waiting period is required.

If the Planning Board finds that the proposal is inconsistent with the purpose and one (1) or more of the requirements of this Zoning Bylaw, but measures can be taken to mitigate adverse impacts, then a special permit may be granted which stipulates conditions to mitigate adverse impacts to the resource area. In addition, a waiting period of one hundred twenty (120) days is required for all major residential development proposals in any Special Resource District and ninety (90) days for all other uses in the Critical Resource District. The waiting period shall start on the date the special permit is granted, during which time no excavation, dredging or filling of land and no erection of a building or structure shall take place. For major residential development proposals or any action within the Critical Resource District, the Town will have the opportunity to take a proposal(s) to Town Meeting(s) to acquire part or all of the premises in question or for acquisition of rights to protect the premises, during the required waiting period.

(c)

If the Planning Board finds the proposal inconsistent with the purpose and requirements of this Zoning Bylaw, it may deny the request for a special permit.

Land within a Special Resource District may be used to earn Development Unit Credits (DUCs) for development to be located outside the district through transferring of development rights.

Watershed District.

[Editor's Note: The 11-29-1999 STM, Art. 1, provided for the renumbering of former § 125-16.2, Watershed District (added 4-28-1989 ATM, Art. 21, and amended 4-28-1995 ATM, Art. 28), as this section.]

Additional purposes - Additional purposes of the Watershed District are to protect the health, safety and general welfare of Sunderland residents by protecting and preserving groundwater and surface water resources in Town, and by protecting the community from any use of land or buildings which may pollute, contaminate or otherwise adversely affect its drinking water resources. For any proposed development in the Watershed District, a site plan prepared in accordance with § 125-Article VI-1-B, Site Plan Review, shall be submitted to the Planning Board and Water Commissioners, with the following information where applicable:

[Amended 4-29-2011 ATM, Art. 7]

A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;

For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and submitted to the Fire Chief, Water Commissioners, and Board of Health for review and comment. The plan shall include:

Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures;

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;

Evidence of compliance with the Massachusetts Hazardous Waste Regulations 310 CMR 30.000; and

Proposed down-gradient location(s) for groundwater monitoring well(s) should the Planning Board deem the activity a potential groundwater threat.

Additional regulations - The Watershed District is an overlay district and shall be superimposed over other existing districts. All uses, dimensional requirements and other provisions of the Sunderland Zoning Bylaw applying to existing districts shall remain in force and effect, except that where the Watershed District imposes greater or additional restrictions and requirements, those restrictions and requirements shall prevail. Any uses that are prohibited in existing districts shall remain prohibited.

[Amended 4-29-2011 ATM, Art. 7]

Applicability.

The "Watershed District" is defined as all those areas delineated on the Sunderland Zoning Map, which shall be on file in the Selectmen's office.

[Amended 4-29-2011 ATM, Art. 7]

The boundaries of the district are described as:

Northern boundary: the intersection of Garage Road and Route 116. The boundary follows Garage Road east to the junction of Garage Road and North Silver Lane, then north on North Silver Lane to the junction of North Silver Lane and Middle Mountain Road, then northeast on Middle Mountain Road one thousand (1,000) feet, then due north one thousand five hundred (1,500) feet. The northern boundary continues one thousand five hundred (1,500) feet north of Middle Mountain Road to the junction with the Mt. Toby State Forest boundary, then, follow the Mt. Toby State Forest boundary northeast to the Sunderland/Leverett Town line.

Eastern boundary: Mt. Toby State Forest boundary and Sunderland/Leverett Town line. Follow the Sunderland/Leverett Town line south to the intersection of the Sunderland/Leverett Town line and the Sunderland/Amherst Town line.

Southern boundary: intersection of Sunderland/Leverett Town line and Sunderland/Amherst Town line. Follow the Sunderland/Amherst Town line west to the intersection of the Sunderland/Amherst Town line and Route 116.

Western boundary: intersection of Route 116 and Sunderland/Amherst Town line. Follow Route 116 north to the intersection of Route 116 and Garage Road.

Dimensional requirements - The minimum lot area for all uses is three (3) acres. Lots shall have two hundred (200) feet of frontage on a street, as defined in § 125-Article I-2, Definitions, except that lots within the Watershed District, having two hundred (200) feet of frontage on Route 116, Bull Hill Road or East Plumtree Road, shall be permitted with a minimum lot size of thirty-two thousand (32,000) square feet.

Location - If any portion of a proposed residential building lot lies within the Watershed District, then the lot shall be subject to the dimensional requirements and restrictions of the Watershed District.

[Amended 4-28-2000 ATM, Art. 47]

Prohibited uses:

[Amended 4-29-2011 ATM, Art. 7]

Commercial or other uses which manufacture, process, generate, treat, store or dispose of hazardous wastes that are subject to MGL c. 21C and 310 CMR 30.000 except for:

Very small quantity generators as defined under 310 CMR 30.000;

Household hazardous waste centers and events under 310 CMR 30.390;

Waste oil retention facilities required by MGL c. 21, § 52A;

Water remediation treatment works approved by DEP for the treatment of contaminated waters.

Commercial or other uses, except agricultural uses, which involve the use, handling or storage of hazardous materials, including but not limited to trucking or busing terminals; car or truck washes; gasoline sales; motor vehicle service and repair shops; golf courses; slaughterhouse; or wood preserving, furniture stripping and refinishing operations.

(c)

Commercial or other uses which involve dry cleaning, photo processing, beauty parlors, printing operations or research laboratories.

(d)

Activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with very small quantity generators permitted in the underlying zoning.

(e)

Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas.

(f)

Solid waste landfills, dumps, junk and salvage yards including automobile graveyards and automobile junkyards.

(g)

Commercial or other uses which involve the on-site disposal or process wastes from operations other than personal hygiene and food preparation for residents, patrons and employees.

(h)

Storage or disposal of liquid or leachable wastes, except for:

The installation or enlargement of a subsurface waste disposal system for a residential dwelling.

Normal agricultural operations.

Commercial or other uses which involve only the on-site disposal of wastes from personal hygiene and food preparation for residents, patrons and employees.

(i)

Underground storage of oil, gasoline or other petroleum products, excluding liquefied petroleum gases.

(j)

Outdoor storage of salt, de-icing materials, fertilizers and/or pesticides.

(k)

The dumping of snow contaminated by salt or de-icing chemicals.

(l)

The rendering impervious by any means of more than fifteen percent (15%) of the area of any single residential lot, except for weed control in an agricultural operation. Lots within the Watershed District having two hundred (200) feet of frontage on Route 116, Bull Hill Road or East Plumtree Road shall be allowed a 25% threshold.

(m)

Removal of natural and existing vegetation except for:

Removal of vegetation for a house site on a building lot must be minimized and in no case shall exceed twenty-five percent (25%) of the lot area. Exceptions may be granted for lots requiring only thirty-two thousand (32,000) square feet, through a special permit.

Intensive use of land for agricultural purposes (including annual cultivation) is permitted, but generally accepted agricultural practices must be followed.

Harvesting of timber or more than ten (10) cords of firewood is permitted, provided that a DCR-approved forest cutting plan is filed with the Town Clerk.

Removal of ground cover, such as sod and brush [woody plants less than five (5) inches diameter at breast height (DBH)] is permitted for development of gravel mining operations. Gravel operations may not be developed or expanded into forest areas of the Watershed Protection District.

(n)

The use of privately owned wastewater treatment plants, except for those required to support a flexible development meeting the requirements of § 125-Article IV-1, Flexible Development. Such privately owned wastewater treatment plants in a flexible development must meet all the requirements of the Department of Environmental Protection and the Sunderland Board of Health.

Drainage - All runoff from impervious surfaces shall be recharged on the site by either being diverted to areas covered with vegetation for surface infiltration to the extent possible or through on-site subsurface footing drains. However, in a permitted commercial setting, drainage may be into a municipal storm drain after consultation with the DPW Director to ensure proper pipe sizing, pretreatment and mitigation of any downstream impacts. Dry wells and storm drains shall be preceded in the drainage path by oil, grease and sediment traps to facilitate removal of contaminating materials as identified in DEP's Stormwater Regulations. Low-impact development (LID) techniques are strongly encouraged for all uses.

[Amended 4-29-2011 ATM, Art. 7]

Restricted uses - Restricted uses are uses permitted under the following conditions and terms:

Excavation for removal of earth, sand, gravel and other soils shall not extend closer than ten (10) feet above the mean maximum groundwater table for that area. This restriction shall not apply to activities incidental to permitted uses, including but not limited to providing for the installation or maintenance of building foundations, freshwater ponds, utility conduits or on-site sewage disposal. Within one (1) year of the receipt of a special permit to excavate or prior to the removal of any materials, whichever shall occur first, the owner of the excavation enterprise shall engage a registered professional engineer to determine the mean maximum groundwater tables for the site. A report of this finding shall be filed with the Zoning Enforcement Officer and Board of Health within thirty (30) days, and in no case later than the beginning of excavation. Existing permitted excavation operations shall so file within one hundred eighty (180) days of the passage of this section. The report shall be stamped, sealed and signed by a registered professional engineer and shall include a map of the site detailing the mean maximum groundwater table elevations, which shall serve as a base map for further reports required under this section. Between March 1 and May 30 of each year of operation of a commercial facility which has excavated or removed earth, sand, gravel or other soils in the previous year for any purpose other than the installation or maintenance of building foundations, freshwater ponds, utility conduits or on-site sewage disposal, the owner shall employ a registered professional engineer to do a site inspection and certified report concerning the maximum depth of removal or excavation relative to the maximum groundwater table. The Zoning Enforcement Officer and a representative of the Board of Health shall accompany the engineer on the site examination. The report shall be stamped, sealed and signed by a registered professional engineer. A written report of the engineer's findings shall be filed with the Zoning Enforcement Officer and Board of Health, a total of two (2) copies, within thirty (30) days of site inspection. The certified report shall contain a diagram of the property and depths of excavation to mean maximum groundwater table throughout the affected area.

Access roads for sand and gravel operation sites shall include a gate or other secure mechanism to restrict public access to the site.

(c)

The use of road salt for ice control shall be minimized, consistent with public safety requirements.

(d)

Fertilizers, pesticides, animal manure, or other leachable materials shall be stored within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

[Amended 4-29-2011 ATM, Art. 7]

(e)

All necessary precautions shall be taken to prevent hazardous concentrations of such leachable materials in the water and on the land within the Watershed District as a result of application or other use. Such precautions include but are not limited to erosion control and related soil conservation techniques; the control of runoff water; the prevention of volatilization (evaporation) and redeposition of pesticides outside the area of application from wind drift.

(f)

Aboveground storage tanks, including tanks within the basement of a building for oil, gasoline or other petroleum products, shall, in the case of new construction, be protected from the environment and placed on a diked impermeable surface designed to capture the overflow of 110% of the capacity of the above ground storage tank, in order to prevent spills or leaks from reaching groundwater. Such surface may include the basement of a structure if such basement conforms to all the requirements herein. Floor faults shall be plugged to prevent discharges or leaks. No floor drains shall be allowed, only sump pumps to allow for pumped removal of any spilled materials into a contained and impermeable vessel for removal purposes. When replacing tanks in existing structures, people are encouraged to conform to these regulations.

[Amended 4-29-2011 ATM, Art. 7]

(g)

It is recommended that all tilled lands in agricultural use have a crop or cover crop established over them year round.

§ 125-II-5 Accessory Uses and Structures.

[Amended 4-13-1993 STM, Art. 41; 11-29-1999 STM, Art. 1]

Accessory Uses - Any use which is, in Franklin County, customarily accessory and incidental to a permitted principal use shall be allowed on the same lot with said principal use, or on a lot adjacent thereto in the same ownership, subject to the general limitation that it shall not be detrimental to the neighborhood or to other property in the vicinity, and subject further to the following provision: whenever a principal use is allowed by special permit from the Board of Appeals or the Planning Board then the accessory use to the principal use shall be subject to a special permit, unless otherwise provided for in this Article II, Use and Dimension Regulations.

Home Occupations - A business or profession may be engaged in by a resident of that dwelling if conforming to the following conditions:

The occupation or profession shall be carried on wholly in the principal building or other structure accessory thereto.

No more than twenty-five percent (25%) of the floor area of the residence shall be used for the purpose of the home occupation, nor more than thirty-five percent (35%) of the combined floor area of the residence and any accessory structure used in the home occupation.

The home occupation shall be accommodated within an existing structure without extension thereof and without construction of any new accessory structure.

Not more than one (1) person, not a member of the household, shall be employed on the premises in the home occupation.

Except for a permitted sign, there shall be no exterior display, no exterior storage, no exterior indication of the home occupation or other variation from the residential character of the premises and no exterior parking of more than one (1) home business vehicle. Parking and/or garaging of a vehicle in excess of fifteen thousand (15,000) pounds GVW is by special permit only. See also § 125-Article III-1, Parking and Loading Requirements.

[Amended 4-28-2000 ATM, Art. 50]

No offensive or inappropriate noise, vibration, smoke, dust, odor, heat or glare shall be produced by the home occupation.

Traffic generated shall not exceed volumes normally expected in the specific residential neighborhood of the home occupation in question.