2024-07-25 ZBA Staff Report
Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262
Staff Report
PERMIT TYPE PUBLIC HEARING
DATE
OWNER / APPLICANT EXISTING USE
ZBA Special Permit 2024/07/25 Applicant: Jamie Callan
Owner: Jennifer DePiero
Single-Family
Residence
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
1. Address: 49 Mann Terr, Florence, MA
2. Parcel ID: 23A-241-001
3. Zone: URB
4. Lot size: 8,450 sqft or 0.194 AC per assessor’s card
5. Area taken up by structures: 1,184 sqft per assessor’s card
6. House total living area: 1,630 sqft per assessor’s card
APPLICATION URL
Direct link: https://northamptonma.portal.opengov.com/records/1290
(*New permitting system’s parent folder link if you have trouble using the direct link. Locate the
application folder by street address: https://northamptonma.portal.opengov.com/search
Summary of Request
The applicant, the builder for the owner, proposes to convert the existing carport on the east side into
an enclosed living area within the existing house. The existing carport has a nonconforming side setback
of about ~3’ as measured by the applicant using deed information. The applicant is proposing to not
physically worsen the setback. As a part of the application, the applicant is proposing curb cut and
parking space changes that are compliant with zoning.
While the owner is using it as a porch and the applicant described it as a porch or patio in the
application, the concrete pad, frame, and roof structure indicate that it was constructed as the original
carport for the property and a 2010 building permit for repairing the roof (file “23A-241 (3)” in the
Building Department’s public folder) refers to it as a carport. The assessor’s property card also lists it as
a carport.
Figure 1: 2010 building permit referring to the "carport"
Zoning ordinance allows for carports and garages attached to the property in URB to have a side setback
of 10’ rather than 15’, which is the standard principal setback. Even if the applicant would not
physically worsen the existing setback with the proposed conversion, converting the carport into a
living area results in a greater zoning violation due to the greater principal setback requirement for
living areas. Since the carport is a parking space, even if being used as an informal porch, the applicant
would be eliminating one of the required 2 parking spaces.
During the review of the application, the staff also discovered an unpermitted second curb cut. The
Director of Planning recommends that the property be restored to compliance with a single curb
cut/driveway that can comply
with the 2 required off-street
parking spaces as a condition of
the approval unless the owner
can show proof that the second
curb cut has a permit. (The
Board should not be granting
special permits for properties
that have illegal modifications
that are knowingly out of
zoning compliance. State law
on when an unpermitted
modification becomes legally nonconforming applies to structures, not uses. And arguably, curb cuts are
not structures.)
Figure 2: Two curb cuts on 49 Mann Terr from 09-2022 Google Street
View
To approve this special permit application, the Zoning Board of Appeals needs to determine that the
proposed conversion with the new zoning violation would not be substantially more detrimental to the
neighborhood than the existing structure. While the Board has jurisdiction in approving the setback
violation, it cannot allow for parking requirement violations. Applicable Laws
1. 350-9.3B(10): Zoning Board of Appeals special permit provision for worsening nonconformity for
one- and two-family houses.
2. URB attachment: Setback and parking requirements.
3. 350-8.3 Existing spaces (https://ecode360.com/11957557): Per Section A, parking spaces cannot
be decreased from the current number of spaces if the reduced number of spaces do not
conform to zoning requirements. Per section B, existing parking spaces are considered to
continue to meet parking space requirements if they are accepted by the City of Northampton
for parking purposes. Unpermitted curb cuts and parking spaces would not meet the
requirements.
4. 350-8.8 Parking and loading space standards (https://ecode360.com/11957577): Per section A
and D, proposed parking space changes would need to comply with the size (8.5’ by 18’) and 5’
minimum front setback requirements. Per section G, only one curb cut is allowed unless the
Planning Board approves additional curb cuts. Compliance with Zoning
TYPE REQUIREMENTS EXISTING NON-
CONFORMITIES
PROPOSED CONDITIONS
Setbacks Side: 15’ minimum for
principal structures
and 10’ minimum for
garages and carports
attached to the
principal structures.
● East side: The
carport is set back
about 3’, which is
about 7’ less than
the required 10’
for carports.
● West side: About
12’
● East side after the
proposed
conversion: About
3’, which is about
12’ less than the
required 15’ for
living areas.
● West side: Same
Curb cuts One curb cut allowed
per parcel. Additional
curb cuts require a
standalone Planning
Board special permit
2 curb cuts. Each curb cut
leads to a parking space.
No record of permits for
the second curb cut.
Applicant proposes to
retain the curb cut on the
west side while removing
or being a part of a PB
site plan approval.
the one on the east side in
front of the carport.
Parking 2 spaces minimum
required for a house
with a GLA greater
than 1,000 sqft. Based
on the Assessor’s
records, the house’s
living area is around
1,630 sqft. If the
number of existing
parking spaces is less
than the required
minimum, the number
of spaces cannot be
decreased.
A parking space needs
to be at least 5 feet in
from the front
property line and be
8.5*18.
One carport, a parking
space in front of it that
might or might not have
sufficient dimensions to
be conforming, and a
parking space behind an
unpermitted curb cut on
the west side.
Two spaces behind the
curb cut on the west side.
Other Issues and Comments by Other Departments
The Director of Planning recommended requiring only one curb cut as a condition of approval. The
applicant is proposing the same. The DPW does not have anything on file about a second curb cut and is
fine with the director’s recommendation. The DPW occasionally in the past ordered removal of
permitted or unpermitted additional curb cuts for traffic safety reasons. Staff Decision Recommendation
Verify the position of proposed egress doors. Let the applicant explain the plans for curb cut and parking
space changes.
☒ Approve ☐ Approve with Conditions ☐ Deny
Staff Condition Recommendation
None, unless determined by the Board based on public hearing comments.