Roger Marshall seeks variances to retain enlargement and reduce setbacks at 344 James St.; board reviews prior denial

Roger Marshall told the Amherst Zoning Board of Appeals on Sept. 24 that he is seeking three variances for accessory-structure expansions and reduced setbacks at 344 James Street. Marshall said he previously brought a similar application in May 2023 that the board denied and that he has since reduced the size of the addition and plans to alter the structure if required.

The variances described in the hearing are: (1) relief to add roughly 324 square feet (a 6-by-30 foot and a 6-by-24 foot addition) to an existing nonconforming 720-square-foot accessory structure, producing a proposed total of about 1,044 square feet, which exceeds the code’s accessory-structure limit in Chapter 11.45.005(b)(1); (2) a variance to place part of the structure 4.5 feet from the south property line where code requires a 5-foot setback (Chapter 11.45.005(a)); and (3) a variance to place part of the structure 2.5 feet from the west rear property line where code requires a 5-foot setback (Chapter 11.45.005(a)).

Marshall told the board he is willing to cut back 2.5 feet so that a 5-foot separation from the neighbor’s fence would be achieved and said the structure is used for storage and work tools. Staff showed satellite imagery and property-line depictions during the hearing and clarified that older aerials may shift the visual location of the blue property-line indicator; staff said the fence on Marshall’s lot appears to sit essentially on the property line. Marshall said he had neighborhood support and that he had not completed construction pending a final decision.

Board members noted the prior 2023 hearing and discussed whether the current application is materially different; the applicant said the configuration and size had been reduced from the earlier request. The transcript does not record a final vote in open session; the board said applicants would be notified in writing of decisions within 14 days.