Conservancy District Setbacks
Concerns from Town Staff August 24, 2024
This brings about questions of some structures that may have been allowed in the setback to the Conservancy District in the past. These would include Landscape Walls and Sheds. There is a question regarding Agricultural Barns, along with Barns and Garages. How about portable hot tubs and pergolas?
The bylaw should be more amendible towards public proposals like Public Restrooms and Pump Stations.
How do we deal with the weird bylaw that allows pool cables and piping within the Conservancy District?
MOTION: To make the following changes to the Zoning Bylaw. ITALICS text is for existing language to remain, BOLD and UNDERLINED text is to be added, BOLD and STRIKETHOUGH language is to be deleted, and [BRACKETED] language is the location of text to be revised or other instructions.
[SECTION II – DEFINITIONS (Pages 11, 12)]
93. “SETBACK LINE” means the required minimum distance from any street line, property line, or conservancy district that establishes the area within which the buildings and structures must be located on a lot.
96. “SETBACK, CONSERVANCY DISTRICT” means the required distance from any Conservancy District as defined in IV.A.
[Renumber the existing 96-113 to 97-114]
[Section III.D.3 (Pages 23, 24).]
h. Accessory Building & Structures
1. Over 100 square feet in area
All structures accessory to a residential use, including buildings over one hundred (100) square feet in area; swimming pools and tennis courts and their enclosures, shall be set back from the street, and abutters, and conservancy district as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. (5/14/12 ATM)
2. Under 100 square feet in area
a. Garden Storage Sheds
Garden Storage Sheds under one hundred (100) square feet in area shall be set back a minimum of one third (1/3) the distance of the Abutters Setback from the property line, as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. Placement of Garden Storage Sheds within the Street Setback area is prohibited, except by Special Permit from the Zoning Board of Appeals. Garden Storage Sheds shall meet the Conservancy District Setback as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. There shall be no more than one (1) Garden Storage Shed located within the required setback area. The Building Height of these Garden Storage Sheds shall not exceed twelve feet (12’) for sheds with gable, gambrel, hip or lean-to or saltbox style roofs and eight feet (8’) for shed or flat style roofs. (5/14/12 ATM)
b. Utility Sheds
Utility Sheds under one hundred (100) square feet in area shall be set back the distance of the Abutters Setback to the property line as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. Utility Sheds shall meet the Conservancy District Setback as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. The Building Height of these Utility Sheds shall not exceed ten feet (10’) for sheds with gable, gambrel, hip or lean-to or saltbox style roofs and eight feet (8’) for shed or flat style roofs. (5/14/12 ATM)
3. Structures Under 25 square feet in area
Single story structures under twenty five (25) square feet in area and six feet (6’) or less in height shall be set back a minimum of one third (1/3) the distance of the Abutters Setback from the property line as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. Single story structures under twenty five (25) square feet in area and six feet (6’) or less in height shall meet the Conservancy District Setback as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements. (5/14/12 ATM)
[Section IV.A.6 (Page 29)]
b. Setbacks
Other than structures listed in Section IV.2 and Section IV.3, structures shall meet the Conservancy District Setback as required for buildings and structures in Appendix II, Schedule of Dimensional Requirements.
[Renumber the existing b-e to c-f.]
BACKGROUND
Zoning is often subject to Unintended Consequences and this bylaw is being proposed to remedy a great Unintended Consequence.
In 1985, the Town Meeting adopted changes to the Conservancy Districts. • The Conservancy Districts include all low-lying lands in Chatham including the wetlands, coastal banks, and floodplains.
• Importantly, this 1985 revision included the establishment of setbacks for all structures of 25’ from freshwater wetlands or Inland Conservancy Districts and 50’ from saltwater wetlands or Coastal Conservancy Districts.
In 2012, the Town Meeting adopted zoning bylaws regarding Sheds, Mechanical Sheds, and Accessory Structures.
• These sections of the bylaw do not include requirements for Sheds, Mechanical Sheds, or Accessory Structures to meet setbacks to the Conservancy Districts.
• This interpretation was recently made and now we can expect more applications with structures within the setbacks to Conservancy Districts.
Today: modifying the bylaw now will maintain the setbacks established, and intended, 40 years ago.
• What are the unintended consequences?
Not passing this bylaw will result in pools, garages, sheds, generators, air conditioners, and other accessory structures being built closer to the wetlands.
• What about the Conservation Commission?
The Conservation Commission serves a very noble purpose by protecting the environment. However, they cannot be expected to shoulder the weight of all matters and they lack jurisdiction over some of these areas. The Zoning Bylaw has supported the efforts of siting structures further from the sensitive areas in the Town and this should not be a change made by interpretation. The Town Meeting should determine if we want structures built closer to the water.