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Resident requests variance for 24-by-24 accessory structure at 550 McIntosh Lane

Amherst Zoning Board of Appeals · June 24, 2026
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Summary

Vernon and Robin Rogers asked the Amherst Zoning Board of Appeals for a variance to allow a 24-by-24 (576 sq ft) accessory structure; staff noted the variance actually concerns an existing tertiary structure that exceeds the 64 sq ft limit. The board recessed to deliberate and did not issue a decision at the meeting.

Resident Vernon Rogers presented a request for a zoning variance for property at 550 McIntosh Lane, asking permission to keep and use a proposed 24-by-24 accessory structure. "We are standing in front of you today because we had a contractor present his permit," Rogers said, adding the addition would match siding and shingles to the existing house and that the closest neighbors, Rex and Amy Smith, had no objection. He told the board the structure would be used with their pool and add value to both their property and adjacent properties.

City staff explained the variance centers on a small existing tertiary structure on the lot that exceeds the code limit. "They have an existing shed that's 10 by 12, and an existing gazebo," McCartney told the board, explaining that the proposed 24-by-24 structure would be 576 square feet while the municipal code (Chapter 11 45 0 5 b 3) caps tertiary accessory structures at 64 square feet; the staff member said the variance request is for a structure that is already in place and exceeds that 64-square-foot limit by 56 square feet. Board members asked about anchoring; Rogers said the gazebo is bolted to concrete "because of the storms happening in the area," and confirmed there is a board-on-board fence in the back yard and a planned new driveway.

The Zoning Board recessed to deliberative session before issuing a decision; Chair Terry Tomaszewski said the board would render a decision that evening and that "the applicants will be notified within 14 days." No formal vote on the variance was recorded in the public portion of the meeting.

What happens next: the board entered a closed deliberative session to consider the variance; applicants should expect written notification of the board's decision within 14 days. If the board grants a variance, staff indicated the permitted new structure would be 576 square feet but the existing tertiary structure currently exceeds the 64-square-foot tertiary limit by about 56 square feet.