08-24 Map 25-026 129 Riverbank Rd Staff Report
Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262
Staff Report
PERMIT TYPE PUBLIC HEARING
DATES
OWNER EXISTING USE
ZBA Appeal of Building
Commissioner’s Order
8/24/2023 (This
hearing is a
continuation of the
previous two
hearings.)
• First hearing:
8/25/2022
• Second hearing:
12/8/2022
Richard Watling Single-family home
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
1. Address: 129 Riverbank Rd
2. Parcel ID: 25-026-001
3. Zone: Special conservancy
4. Lot size: +- 5,298 sqft (from May 20, 2020 survey)
5/20/2020 survey of existing conditions
including the unpermitted addition
6/10/2021 revised ANR survey including the
proposed acquisition on the right side lot
APPLICATION URL
Direct link: [Put link here]
(*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
This report adds some additional details to the previous staff report written for the hearing scheduled
for 8/25/2022 that was continued to 12/8/2022 and to this date, 8/24/2023. Please read the previous
report first for context, which is on page 2 of the 8/25/2022 staff report. The link is in the “Links to
Relevant Materials” section below. Timeline summary of the special permit hearing and the appeal hearing
1. 03/28/2019: Building Dept received the applicant’s zoning permit application for addition to the
existing house at 129 Riverbank Rd. The Building Commissioner emailed on the same day
explaining that the proposed addition requires a Zoning Board of Appeals special permit under
350-9.3A(10) because of nonconforming setbacks. Zoning permit file name is “25-026 (6).”
2. 05/07/2020: Building Dept received the applicant’s building permit application for 129
Riverbank Rd. Note that this is more than a year after the initial zoning permit application.
3. 05/12/2020: Sometime around this date, the building inspector issued and posted a stop work
order effective on this day since the applicant never received a building permit. The applicant
filed a ZBA special permit application for the nonconforming structure on this day.
4. 07/20/2020: The building inspector observed that the work is continuing on the property
despite the stop work order.
5. 08/10/2020: The building inspector observed that the work is continuing on the property
despite the stop work order.
6. 09/09/2021: The ZBA special permit hearing opened and closed. The applicant has requested six
time extensions for this hearing.
7. 09/14/2021: The ZBA granted a special permit with the condition that the applicant acquire a
strip of land within 45 days of the special permit decision date.
8. 05/26/2022: The applicant failed to acquire the strip of land by the required date. The building
commissioner ordered the removal of the structure.
9. 06/24/2022: Applicant’s attorney John M. McLaughlin filed an appeal of the building
commissioner’s order.
10. 08/24/2022: Attorney McLaughlin requested postponing the appeal hearing scheduled for 8/25
for 60 days.
11. 10/23/2022: Attorney McLaughlin requested postponing the appeal hearing scheduled for 10/27
for 30 days.
12. 12/08/2022: During the ZBA hearing for the same appeal, the Board voted to continue the
hearing until 08/24/2023. It specified that no work on the addition, use, or occupancy of the
addition shall be made.
13. 7/25/2023: Attorney McLaughlin updated OPS that the applicant will be able to acquire the strip
of land. Attorney proposed postponing the appeal hearing indefinitely while he files for the
same type of ZBA special permit as the applicant filed in May of 2020. The attorney explained
that the applicant also needs a wetlands permit, which will be required for the sale to go
through.
14. 8/17/2023: Attorney McLaughlin dropped off the ZBA special permit at the OPS office. Nathan
Chung received it and filed it with the City Clerk. Applicable Laws
• City of Northampton zoning ordinance (Link: https://ecode360.com/13265306) 350-4.10B(1),
350-9.3A(10), Zoning Attachment 18 for SC district.
• MGL Chapter 40A, Section 14 pointing to Section 8
(https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section14) Links to relevant materials
Please note that the following materials can all be found in the public folder.
• This hearing package (includes materials for the previous 12/08/2022 hearing since this is a
continuation of that hearing):
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=745768&dbid=0&repo=CityOfNor
thampton
o Previous 12/08/2022 ZBA appeal hearing agenda and minutes:
https://northamptonma.gov/AgendaCenter/ViewFile/Agenda/_12082022-6846 and
https://northamptonma.gov/AgendaCenter/ViewFile/Minutes/_12082022-6846
o Previous 8/25/2022 ZBA appeal hearing agenda:
https://northamptonma.gov/AgendaCenter/ViewFile/Agenda/_08252022-6634
• Staff report for this hearing: Under the folder
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=773311&dbid=0&repo=CityOfNor
thampton
• Previous OPS staff report: “Aug 25 ZBA” file under
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=732762&dbid=0&repo=CityOfNor
thampton
• 09/14/2021 ZBA special permit hearing and decision materials, which includes multiple surveys
showing existing conditions and proposed conditions
o Package:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=687290&dbid=0&repo=Ci
tyOfNorthampton
o Agenda: https://northamptonma.gov/AgendaCenter/ViewFile/Agenda/_09092021-5860
o Minutes: https://northamptonma.gov/AgendaCenter/ViewFile/Minutes/_09092021-
5860
o Recording of Hearing: https://www.youtube.com/watch?v=SYLUJQBnBOM Compliance with Zoning
TYPE REQUIREMENTS EXISTING NON-
CONFORMITIES
PROPOSED CONDITIONS
AFTER THE SUCCESSFUL
ACQUISITION OF LAND PER
06/10/2021 SURVEY
Setbacks Side minimum: 15 ft
Rear minimum: 20 ft
Right side: 5.3’ (Setback
Introduced by the
unpermitted addition per
5/20/2020 survey. Setback
of existing house not listed
in the survey.)
Rear: 4.5’ (introduced by
the unpermitted addition)
Right Side: 19.1’ (Setback
for the addition)
Rear: Same
Lot Area 8,000 sqft 5,225± sqft 6,793± sqft (1,568± sqft
from the neighboring parcel
on the right side added)
Total lot
coverage area
N/A 3,388± sqft (the
unpermitted addition adds
about 1,080 sqft per survey
from 6/10/2021)
Same
Open Space 50% minimum Approx. 35% Approx. 50% Other Issues
• In addition to the ZBA special permit, the structure addition also requires a Conservation
Commission wetlands permit.
• The applicant’s attorney asked for an indefinite continuation of the appeal hearing. In the staff’s
opinion, that seems inappropriate since the matter has already gone through multiple years. It
should have a specific date that is reasonable to allow the required permits to complete. Staff Decision Recommendation
• For the board to decide to continue this appeal as the applicant’s attorney proposed, consider if
the applicant has made progress by filing the special permit and having documented progress on
the property acquisition. The board should also consider the time it would take for the applicant
to get the required wetlands permit. It would be appropriate to continue this appeal only if the
applicant has made progress. The continuation date should be a definitive date that allows the
applicant enough time to get the required permits. If the applicant successfully receives the
required permits, the applicant can withdraw this appeal.