12-14 ZBA 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
12/14/2023
This hearing is a
continuation of the
previous three hearings:
1. 8/25/2022
2. 12/8/2022
3. 8/24/2023
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: [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 12/14/2023 hearing of the Appeal of the Building Commissioner’s order to demolish an
unpermitted addition to the existing single-family home is a continuation of the hearing from
8/24/2023. Details are in the 8/24 staff report.
On 9/14/2023, the ZBA opened and closed the special permit hearing for the same property and the
same addition. It granted the special permit on the same day with the following conditions:
“On or before January 31, 2024, the applicant shall acquire the 1,568± sqft strip of land from the
neighboring property with the book/page number 11756/206 as indicated in the “Subdivision
Approval Not Required” survey from June 10, 2021 by closing on the purchase. This special
permit shall become void on February 29, 2024 if the applicant fails to acquire the strip of land.”
Besides the ZBA special permit, the applicant also needs a Conservation Commission Order of Conditions
permit to complete the acquisition of the strip of land. On 11/30/2023, the applicant filed a Notice of
Intent application for the permit. According to a staff member, the NOI will most likely be on the agenda
for January 11, 2024. While the special permit condition is being fulfilled, the building commissioner’s
demolition order stays. 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.
• Staff report for this hearing which has links to most relevant materials is in the folder at:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=773311&dbid=0&repo=CityOfNor
thampton
• This hearing package:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=745768&dbid=0&repo=CityOfNor
thampton Compliance with Zoning
*The following considers the changes that have occurred with the potential successful acquisition of
the strip of land as presented by the applicant and as approved by the ZBA on 9/14/2023.
TYPE REQUIREMENTS Current non-conformities
WITHOUT the land
acquisition and WITHOUT
Proposed conditions AFTER
the successful acquisition of
the unpermitted addition
based on ANR survey
from 6/10/2021.
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
• The applicant filed the Conservation Commission Notice of Intent application on 11/30/2023. Staff Decision Recommendation
• The board should determine if the applicant has made progress in the acquisition of the strip of
property and whether they can complete it in the required time. If the applicant successfully
receives the required permits and acquires the strip of land, the applicant can withdraw this
appeal.