Exterior Mechanical System Appliances
Proposed Bylaw Amendment, February 7, 2025
I propose a revision of the Protective Bylaw (Zoning) by modifying Section III.D.3.g: Exterior Mechanical System Appliances
All exterior mechanical system appliances, located at ground level, including but not limited to air conditioners,; condensers,; generators,; and pumps, shall be located to meet the applicable Minimum Building/Structure Setbacks 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, except by Special Permit from the Zoning Board of Appeals.
Basis: In 2012 the bylaw was amended to require setbacks for Exterior Mechanical System Appliances (EMAS). This was a noble goal, but the bylaw has caused issues that are attempted to be resolved with this revision. As the purpose of the setback is to limit noise, allowing for noise emitting devices higher only projects the noise further. The bylaw oddly applied the abutters’ setback to all sides and was silent to the Conservancy District Setback. This proposal improves the setback requirement to that of structures. To balance this increase in the setbacks, the proposal enables the reduction of setbacks by Special Permit from the Zoning Board of Appeals. The current bylaw is not yielding to properties where meeting the setback is a significant challenge. More information can be found at https://www.impactchatham.org/.
Proposed Bylaw (clean):
g. Exterior Mechanical System Appliances
Exterior mechanical appliance systems, including but not limited to air conditioners, condensers, generators, and pumps, shall be located to meet the applicable Minimum Building/Structure Setbacks in Appendix II, Schedule of Dimensional Requirements, except by Special Permit from the Zoning Board of Appeals.
Further explanation:
The purpose of Section III.D.3.g is to ensure a decrease in the nuisances caused by Exterior Mechanical System Appliances. These devices emit varying amounts of noise, and the setback is to benefit the nearby residents.
As defined, these Appliances include air conditioners, condensers, generators, and pumps. Currently, the preferred method for home heating are heat pumps which qualify as Exterior Mechanical System Appliances.
Oddly, the current bylaw regulates Appliances at ground level. Elevated noise emitting devices are generally able to project sound further and therefore should be more regulated than those at ground level. The intention is to review and regulate all noise emitting Appliances.
Holding the abutters’ setback around the property has mixed results. On a tightly conforming property, this may place an Appliance in the front of the house, detracting from the neighborhood visual character. On fully non-conforming properties, it may not be possible to add any Appliances which leads to Variance Requests. Many properties have conforming locations that are more detrimental to the neighboring properties than non-conforming locations. It would be unfair to claim that the current bylaw is completely wrong. The majority of properties in Chatham are suitable for Mechanical Exterior System Appliances in conforming locations. Unfortunately, there are enough properties that are not adequately configured to enable the conforming placement of such Applicanes.
The lack of setback to the Conservancy District is considered an oversight: an unintended consequence. Based on the allowance of Zoning Board of Appeals review, it only makes sense to simplify the setback to those required for other structures.
The Special Permit provision is intended to allow for flexibility with the locations of Appliances after adequate review with the notification to the abutters. The review of proposals with emphasis on Criteria 9: “Noise and litter” will guide the Zoning Board of Appeals and Applicants to enable Appliances in the best locations for neighborhoods.
The simpler explanation is divided into 3 parts:
Located at Ground Level. The current bylaw is intended to reduce the noise and nuisance caused by Appliances. Elevating Appliances will only allow the sound to travel further. We propose to strike this exemption.
Up in the air and in the setback.
Up in the air and in the setback.
Up in the air and in the setback, but the substantial structure below it requires the removal.
Setbacks. The current bylaw requires the abutters’ setback for Appliances. This means that on a tight lot where a building meets the setbacks all around, the Appliances must be placed in the front yard. For simplicity, we propose to make the setbacks the same as other buildings.
In the front yard. This is not the look we are going for.
Special Permit. The current bylaw is successful for most of the properties in Chatham, however, it falls short for several properties resulting in difficult Variance Requests from the Zoning Board of Appeals.
A property contains no conforming location.
The best location for the neighborhood is nonconforming.
An Appliance is installed in a nonconforming location.
Behind a fence yet still too close to a setback. In this case, nobody was affected by the Zoning Violation.
This one is long winded. 100 and 98 are owned by father and son, respectively. They need to install pumps to tie into the sewer and would like generators to ensure continuous use of the property.
98 is too narrow and there is nowhere on the property where a generator can be sited. A variance was granted.
100 is wider and a generator can be sited elsewhere on the property. The application was withdrawn as the variance would have been denied.
The neighbor to the west of 100 wrote a letter against the variance, then reviewed the plans, then wrote a letter in full support of the variance. The property to the north is a wetland owned by the Town of Chatham and a generator here will not impact the nieghbors.
These locations were great for the neigbors, but the current bylaw restricts the ability to put generators in the logical locations.