STERLING ZONING BOARD OF APPEALS MEMBER JOSEPH CURTIN’S STATEMENT TO THE STERLING PLANNING BOARD
On 7 October 2020 Sterling ZBA member Joseph Curtin appeared before the Sterling Planning Board and, according to the Planning Board’s Meeting Minutes, Mr. Curtin “presented a proposed amendment to the Aquifer and Water Resource Protection District bylaw (Article 4, Section 4.6) with his proposed Ground Water Protection Districts Bylaw. Mr. Curtin said that his proposed bylaw was based upon Mass DEP’s model Ground Water Bylaw. Mr. Curtin said that there were a number of errors in the existing [Town] bylaw and some of the provisions were illegal. Adopting this new bylaw will correct errors and legal issues and that the existing district’s boundary was onerous in addition to being a deterrent to economic development” (emphasis added). SEE 7 October 2020 Planning Board Minutes– https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/minutes/10-7-2020_minutes.pdf
THE OFFICIAL MASSDEP “WATER SUPPLY PROTECTION AREAS” ONLINE MAP CORRESPONDS EXACTLY WITH STERLING’S PRESENTLY-MAPPED NORTH STERLING AQUIFER PROTECTION ZONE
The MassDEP “Water Supply Protection Areas” official online map clearly shows that the entire, existing, North Sterling Aquifer Protection Zone is a Commonwealth of Massachusetts DEP “Approved Wellhead Protection Area” (Zone II). Here is the link to that MassDEP online map– http://maps.massgis.state.ma.us/images/dep/omv/wspviewer.htm
ZOOM into the Pratt Junction area of Sterling. Click on the ‘hand’ symbol and use your cursor to move the map across your screen as needed. Click on ‘Legend’ and you will see that the entire, presently-mapped North Sterling “Approved Wellhead Protection Area,” hatch-marked in lavender, corresponds exactly with the “Town of Sterling Zoning & Zoning Overlay Districts” map showing the North Sterling “Aquifer Protection Zone (Zone II)”, with blue hatch marks. SEE https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/file/file/part15.pdf
MASSDEP WELLHEAD PROTECTION AREAS (ZONE II), MASSGIS DATA MAPPING EXPLANATION
According to MassGIS, in pertinent part, “A Zone II is a wellhead protection area that has been determined by hydro-geologic modeling and approved by the Department of Environmental Protection… The statewide datalayer contains DEP Approved Wellhead Protection Areas (Zone II). As stated in 310 CMR 22.02, a Zone II is: ‘That area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated…'”(emphasis added).
SEE https://docs.digital.mass.gov/dataset/massgis-data-massdep-wellhead-protection-areas-zone-ii-zone-i-iwpa
MR. CURTIN’S PROPOSED REDUCTION IN SIZE OF THE MAPPED NORTH STERLING AQUIFER PROTECTION ZONE
The presently-mapped North Sterling Aquifer Protection Zone is entirely accurate and entirely legal. MassDEP has already approved the full extent of that Zone II Wellhead Protection Area. Click on the following link and scroll down to see the map depicting Mr. Curtin’s reduced North Sterling Aquifer Protection Zone based on the proposed Protective (Zoning) By-Law changes–https://www.sterlingma.gov/sites/g/files/vyhlif1266/f/agendas/march_proposed_zoning_amendments_with_maps.pdf
VISIT BY, AND UPDATE FROM, MR. CURTIN
On the Afternoon of 8 May 2021 Mr. Curtin paid a visit to my home and said that this original Blog post was inaccurate and unfair to him. He said that most of the Zone II Wellhead Protection Area in North Sterling consists of one claimed by the City of Leominster to protect one of its wells near the Sterling line and that the Town of Sterling in its Protective (Zoning ) By-Laws should not be explicitly protecting a City of Leominster-claimed Zone II area. In addition he said that that Zone II area was never actually pump-tested and that it is “conceptual” in nature. Mr. Curtin is an engineer with groundwater/hydrology training. THEREFORE, in fairness to Mr. Curtin I have amended this blog post and apologize to him for misleading content previously set forth.
Mr. Curtin wants more industrial development in North Sterling to keep residential tax rates lower. He and I agree on that so long as Sterling resources are protected.
Nevertheless, the MassDEP and MassGIS information set forth herein is what it is and the Wellhead Protection Area referred to lies in Sterling.
MASSDEP WELLHEAD PROTECTION GUIDANCE, 310 CMR 22.21(1)
Here is the link to the MassDEP Wellhead Protection Guidance, including regulatory guidance related to a municipality’s Wellhead Protection Area (Zone II) located in an adjacent city or town– https://www.mass.gov/files/documents/2016/08/sl/begwhp.pdf At this point Sterling voters would look awfully petty by voting to rescind the existing North Sterling Aquifer Protection Overlay Map area.
THE 14 JUNE ANNUAL TOWN MEETING
The proposed Sterling Protective (Zoning) By-Law amendment concerning this matter, to be voted on at the Annual Town Meeting, should be evaluated carefully.
J.G.
