06-08 Map 25C-051 59 Lincoln Ave Staff Report
Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262
Staff Report
PERMIT TYPE PUBLIC HEARING
DATE
OWNER EXISTING USE
ZBA Special Permit
6/8/2023 Valerie Gintis & Bill
Sweet
Single-family home with a
detached rec room and
storage in former garage
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
59 Lincoln Ave, Northampton, MA 01060; Parcel 25C-051-001; URB district; 0.29 acres (12632.4 sqft)
APPLICATION URL
Direct link:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=768002&dbid=0&repo=CityOfNortham
pton
(*Parent folder link if you have trouble using the direct link. Locate the application folder by Parcel ID:
https://northamptonma.gov/pending) Summary of Request
The owners-applicants would like to convert the existing detached rec room, an accessory structure,
behind the single-family home into a second single-family home with a bathroom and kitchenette. There
is no change to the footprint of the building. The rec room has right side setback nonconformity for
detached accessory structures. The existing single-family home has side setback nonconformities for
both sides. The proposed conversion into a second single-family dwelling would increase the right side
setback violation. Applicable Laws
For the Zoning Board of Appeals, 350-9.3A(10). This project also requires a Planning Board Site Plan
review with NO special permit, but it is not the purview of the ZBA. Compliance with Zoning
TYPE REQUIREMENTS EXISTING NON-
CONFORMITIES
PROPOSED CONDITIONS
Frontage 50 ft minimum 40 ft Same.
Setbacks,
Accessory
Minimum side setbacks
for detached accessory
structures: 4 ft
Side setbacks for existing rec
room:
-Left side: 14 ft
-Right side: 2 ft
The conversion from
accessory use to residential
use will no longer make the
accessory side setback
requirements applicable for
the converted structure.
Setbacks,
Residential
Minimum side setbacks
for principal residential
structures: 15 ft
*Note: This permit is only
available when comparing
existing setback
nonconformity for the
single-family home to the
new setback violation
created conversion of use of
the rec room.
Side setbacks for existing
single-family home:
-Left side: 5 ft
-Right side: 11 ft
Left side: 5 ft
Right side: 2 ft (Reduction
from 11 ft)
Other Issues
The fence on the right side of the property is not on the property line but set back further into 59
Lincoln Ave.
On 11/2/2020, the ZBA granted an administrative findings permit for Parcel 25C-053-001 at 51 Lincoln
Ave for a detached second dwelling. It only required one board
member to approve. The applicant for 59 Lincoln referred to it as a
possible precedence, but it has different details. 51 Lincoln had an
existing dwelling with nonconforming side setbacks for both sides.
The applicant proposed to build a new second dwelling which stayed
within the nonconforming left side setback ranging from 1’3” to 1’6”
while the right side setback was within the required 15’, meaning the
new dwelling did not create any new violations. Building Dept. has
Zoning permit “25C-053 (16)” with a diagram. Staff Decision Recommendation
There may be issues such as lack of privacy and noise for the proposed second dwelling since its side
setbacks are less than the required minimum. Please note that a dwelling requires two egresses. Please
note the applicants’ proposed mitigation for issues and placement of egresses and windows.
☐ Approve ☒ Approve with Conditions ☐ Deny Staff Condition Recommendation
The following condition along with others determined by the Board based on public hearing comments.
1. No doors should be located on the right side of proposed second dwelling.
Figure 1: 51 Lincoln Ave survey clip