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Amherst applicant requests variance for third accessory structure at Old Oak Road property
Summary
An Amherst resident asked the Zoning Board of Appeals for a 32-square-foot variance to allow a 12x12 gazebo as a third accessory structure; the board reserved decision for deliberation and said applicants will be notified in writing within 14 days.
Terry Tomaszewski, chair of the Amherst Zoning Board of Appeals, opened the meeting’s first agenda item on Nov. 19 by introducing a variance request from a property at 1244 Old Oak Road. The applicant, Michael Callahan, said he wants to place a 12-by-12 (144-square-foot) gazebo on a stamped concrete pad near the rear sliding door to reduce winter snowdrifts and provide a shaded seating area in summer.
Callahan said the gazebo would sit close to the house and make it easier to use the back entrance. ‘‘It’s the ... 12 by 12. It’s the the ARN, so is the the cathedral,’’ Callahan said while describing the pad and its proximity to the home. (Transcript phrasing reflects the speaker’s on-the-record remarks.)
Building inspector Mister McCartney told the board the issue is that the proposed gazebo would be the third accessory structure on the lot and would measure 96 square feet in the board’s materials, exceeding the ordinance’s limit for a tertiary accessory structure by 32 square feet. He summarized the zoning standard cited in the hearing: the rule limiting the largest tertiary accessory structure to 64 square feet as stated on the agenda.
Board members asked the applicant to point out structures on the site plan and discussed alternatives. One member asked whether the gazebo could be attached to the house; McCartney responded that, because of the construction type, the proposed gazebo could not be attached and that the remaining alternative would be a smaller gazebo that met ordinance limits.
The board did not make a public final decision on the variance at the meeting. Tomaszewski told the applicant the board would make a decision in deliberative session and that Callahan would be notified in writing within 14 days.
What’s next: The board moved into deliberative session during the same meeting to consider the three agenda items and later returned to public session. Applicants will receive written notice of the board’s decisions or conditions after deliberation.
