09-14 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 Special Permit
under § 350-9.3A(10)
9/14/2023 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:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=774678&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 applicant is requesting a special permit for an addition with new zoning violations under § 350-
9.3A(10). Please note that this application is a new one, NOT a continuation of the prior ZBA special
permit application for the same addition on the property. The previous one was approved in September
of 2021 and then became void due to not meeting the condition within the required time. This
application is also NOT a continuation of the ZBA appeal of the building inspector for the same property,
which has been continued to 12/14/2023. This special permit application is similar to the voided special
permit.
Sometime around 2020, the owner Richard Watling started building an unpermitted additional
structure, a garage with a residence on top, behind the existing single-family home. The existing single-
family home prior to the addition had nonconformities, including a right-side setback nonconformity of
about 5’. The addition continued the nonconforming right-side setback and introduced rear setback and
open space violations.
The applicant has a purchase and sales agreement with the right-side neighbor to purchase about 1,568
sqft strip of land to remove the open space violation. If the ANR is recorded with the transfer of land,
the only special permit request is for increasing the non-conforming nature of the property for the rear
setback. However, this can only be considered if the open space is compliant upon land transfer. The
Board must find that the new rear setback violation is not substantially more detrimental to the
neighborhood than the existing non-conforming aspects of the house. Applicable Laws
• City of Northampton zoning ordinance (Link: https://ecode360.com/13265306) 350-9.3A(10),
Zoning Attachment 18 for SC district. Links to relevant materials
• This hearing package:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=774678&dbid=0&repo=CityOfNor
thampton Compliance with Zoning
TYPE REQUIREMENTS Current non-conformities
WITHOUT the land
acquisition and WITHOUT
the unpermitted addition
based on ANR survey
from 6/10/2021.
Proposed conditions AFTER
the successful acquisition of
land per 06/10/2021 survey
and WITH the addition
Setbacks Side minimum: 15’
Rear minimum: 20’
Right side setback of the
existing home without the
addition: less than 5’
Right Side setback of the
existing home: 19.0’
(Setback for the addition is
19.1’)
Rear setback: 3.4’
(Introduced by the addition.
It was conforming prior to
the addition)
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 2308± sqft 3,388± sqft (the addition
adds about 1,080 sqft of
coverage)
Open
Space
50% minimum About 55% About 50% (It would be
about 35% without the land
acquisition) Other Issues
• In addition to the ZBA special permit, the structure addition also requires an Order of Conditions
from the Conservation Commission. The applicant is waiting for this special permit to be
approved before proceeding with the Order of Conditions application. Staff Decision Recommendation
• Since the purchase and sales agreement is contingent upon this special permit and an Order of
Conditions from the Conservation Commission, the board should consider the time it would take
for the applicant to apply and get a decision on the Order of Conditions application.
☐ Approve ☒ Approve with Conditions ☐ Deny Staff Condition Recommendation
1. This special permit is void if the applicant fails to complete the purchase of the strip of land
within 60 days of the decision filing date.