[MassHistPres] Should we also encourage a bylaw about heat pump placement in historic neighborhoods

[annelusk at gmail.com]

Dear All,
   While we are discussing demo delay and signs, I wanted to ask others about the issue of sound from the installation of heat pumps at houses in pre-existing non-conforming neighborhoods. Brookline passed a new bylaw that allows anyone to install a heat pump, or several heat pumps, two feet from the property line without a permit or decision by the Planning Board or the Zoning Board of Appeals. The bylaw does specify that the installer of the heat pump has to also pass a decibel level test with the sound being only 5 to 10 decibels higher than the background ambient noise. 
     As the attached shows, sound from the heat pump would not be heard in the wealthy historic homes on large lots but would be heard in the homes on small lots. The house adjacent to me installed two heat pumps facing me two feet from the property line and my house is only 5 feet from the property line. I hear their heat pumps in my living room and upstairs bedroom and have storm windows and old growth lumber 6 light sash that sit well in the window frame. My house is also well insulated and caulked.  When I open my 16 windows in the summer for natural cooling, my entire house will be filled with the sound of their heat pumps. 
Have others run into this issue or are everyone's houses far apart?
Thanks,
Anne

Anne Lusk, Ph.D. 
18 Hart Street, Brookline, MA 02445 
617-879-4887 h
617-872-9201 c
https://sites.bu.edu/anne-lusk/

-----Original Message-----
From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Dennis De Witt via MassHistPres
Sent: Tuesday, March 24, 2026 6:19 AM
To: Richard McGrath <mastermasonmcgrath at gmail.com>; MHC MHC listserve <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] UPCOMING: EMHCC Listening Session March 24, 2026

With apologies to those who have heard this before from me, but it is possible (and, yes, not always politically easy) to put teeth into demo delay.  

Over time Brookline’s demo delay law has evolved to address various issues mentioned recently.
— 18 month delay (at least on NR/NR District properties, of which Brookline has many hundreds) — 12 months otherwise.  
— Timing out of a post-delay permit to demolish, if not exercised — Demo Delay process starts out again from the beginning with a change of ownership — Demo by neglect — recently the sale of a row house that sat empty for 15 years was forced on an owner who could afford to pay the taxes for all that time (And yes, that happened in part because a new Building Commissioner was more willing to act than a predecessor had been.) — Demo delay for significant public interiors — Demo by Misadventure — e.g. the “mysterious” fire that happens in a building under demo delay.  Fortunately never tested yet.

I’d suggest looking at Brookline’s demo delay bylaw and the Preservation Commission’s related rules.  Both are on line.

Needless to say, all of this would be wiped out under the AIA’s proposed legislation.

Dennis 

PS — Possible, but missing, so far, from Brookline’s bylaw is a requirement for a certifiable effort to market the property at a fair price, during the delay period, for continued use.  


> On Mar 23, 2026, at 3:53 PM, Richard McGrath via MassHistPres <masshistpres at cs.umb.edu> wrote:
> 
> Unless there is a demo delay of 18 months or longer with strict rules, and a town manager that will allow town council to take court action when required, many applicants for demolition just wait it out. And demolition by neglect? We have lost a lot in that way. One historic home, that was in fine shape and occupied 20 years ago, was applying for demolition for a new house at that time. The Commission fought it. The house has been neglected and empty for over 15 years. The roof is falling in and will probably be torn down. The positive things a commission can do are not enough as the disappearing architectural heritage of our state shows us.
> 
> R McGrath.  Chair, LHC
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