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Amherst homeowner apologizes for unpermitted work, asks board to allow 24-by-24 addition

5822715 · September 24, 2025
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Summary

Roberto Rosario of 533 East Avenue asked the Zoning Board for two variances to attach a 24-by-24 (576 sq ft) addition to an existing accessory structure and for a 2-inch height overrun. He said he will remove an older 24-by-16 structure if approved, presented notarized neighbor support, and apologized for not obtaining permits earlier.

Roberto Rosario, who identified himself as the owner of 533 East Avenue, apologized to the city at the Amherst Zoning Board of Appeals meeting Sept. 24 and asked the board to approve two variances for an attached 24-by-24-foot (576 square feet) addition to an existing 22-by-24-foot (528 square feet) accessory structure.

Rosario told the board he was not aware he needed variances and permits and said, “As soon as I was made aware of the violation, I took immediate action to try to correct everything.” He said he has obtained notarized neighbor statements in favor of the variance and intends to remove a 24-by-16-foot (384 square foot) structure that he says requires extensive repairs if the board grants the request.

The two variances recorded in the hearing are: (1) relief from Chapter 11.45.005(b)(1) to allow the accessory structure to have a larger footprint than the code’s maximum and (2) relief from Chapter 11.45.005(c) to allow a peak height 2 inches above the 16-foot limit (application projects 16 feet 2 inches). Rosario described practical reasons for the storage — classic cars, yard and maintenance equipment, seasonal decorations and an off-season chest freezer — and said the additional space would help him maintain the property.

Board members confirmed he had talked to his neighbors and that notarized statements supporting the variance had been submitted. Rosario told the board he expected to remove the smaller structure as soon as weather permits, likely within two months if conditions allow. The transcript does not record a final vote on this item; the board said applicants would be notified in writing within 14 days.