25-026 129 Riverbank Rd ZBA Decision 2023-09-14
CITY OF NORTHAMPTON PERMIT DECISION
pg. 1
DATES PROJECT INFORMATION
Submitted 8/17/2023 Owner Name/Address Richard Watling
129 Riverbank Rd.
Northampton MA 01060
Hearing 9/14/2023 Applicant Name/
Address (if different)
Richard Watling c/o
Attorney John M.
McLaughlin
77 Pleasant St.
Northampton MA 01060
Extension None Applicant Contact jmclaughlin@greenmiles.com 413-586-8218
Hearing Closed 9/14/2023 Site Address 129 Riverbank Rd. Northampton MA 01060
Decision 9/14/2023 Site Assessor Map ID 025-026-001
Book/Page Number 9858/19
Zoning District Special Conservancy (SC)
Filed with
Clerk
9/18/2023 Permit Type Zoning Board Special Permit
Appeal
Deadline
10/10/2023 Project Description An addition to the existing single-family home with new
rear setback zoning violations.
An appeal of this decision by the Zoning Board may be made by any person within 20 days after the date of the filing
of this decision with the City Clerk, as shown. Appeals by any aggrieved party must be pursuant to MGL Chapter 40A,
Section 17 as amended and may be made to the Hampshire Superior Court with a certified copy of the appeal sent to
the City Clerk of the City of Northampton.
Plan Sheets/Supporting Documents by Map ID:
Go to http://www.northamptonma.gov/permitfiles -> “Projects by MAP ID” folder -> the parcel ID folder
1. Application memo with exhibits submitted by John M. McLaughlin, the applicant’s legal counsel. In the memo
are:
a. Memorandum in support of application for special permit
b. Exhibit A: Property map generated using the MassGIS system.
c. Exhibit B: “Subdivision approval not required” survey dated June 10, 2021.
d. Exhibit C: “Existing conditions” survey dated May 20, 2020.
e. Exhibit D: Zoning Board special permit decision for the same subject property filed on 9/13/2021.
f. Exhibit E: Purchase and sale agreement for 1,568± sqft strip of land described in the Exhibit B survey.
BOARD MEMBER PRESENT FAVOR OPPOSED ABSTAIN/NO COUNT VOTE TALLY
(Favor-Opposed)
David Bloomberg, Chair ☐ ☐
Sara Northrup, Vice Chair ☐ ☐
Elizabeth Silver ☐ ☐
Maureen Scanlon ☐ ☐
Sherry Taylor ☐ ☐ ☐ 3-0 To Approve
APPLICABLE
ZONING
APPROVAL CRITERIA /BOARD FINDINGS
9.3A(10)
CITY OF NORTHAMPTON PERMIT DECISION
pg. 2
Zoning
attachment
for Special
Conservancy
The Zoning Board of Appeals determined that the request for the addition to the single-family home
was not substantially more detrimental to the neighborhood than the existing single-family home.
The Board found that
(1) The application for the special permit is similar to the application for the special permit that
was granted in September of 2021 and became void due to not meeting the condition of
acquiring a strip of land from the neighbor’s property within the required timeframe to
remove an open space violation introduced by the addition.
(2) Based on the “Subdivision Approval Not Required” survey from June 10, 2021 that the
applicant included in the application, the addition introduces a new rear setback violation.
(3) Based on the said survey from June 10, 2021, acquiring the neighboring property’s strip of land
on the right-side of the subject property (looking at the subject property from Riverbank Rd.)
removes the open space zoning violation introduced by the addition and the preexisting
nonconforming right-side setback violation.
BOARD 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.
Minutes Available at WWW.NorthamptonMa.Gov
I, Nathan Chung, as agent to the Zoning Board certify that this is an accurate and true decision made by the Board and
certify that a copy of this and all plans have been filed with the board and the City Clerk and that a copy of this decision
has been mailed to the Owner, Applicant.