Amherst ZBA Approves Screen Porch With Reduced Setback as State Eases Variance Standards
Massachusetts changed its variance standards to encourage housing development, and Amherst's zoning board is still determining what that means locally.
The Amherst Zoning Board of Appeals approved reduced setback requirements for a screen porch addition at 34 Berkshire Terrace on August 27, and licensing staff announced that Massachusetts has eased state variance standards to prioritize housing production.
The state law change shifts how local authorities evaluate variance requests. Previously, applicants had to prove that strict enforcement of zoning rules created unique hardship due to soil, shape, or topography and caused substantial financial hardship. Recent amendments now require permit authorities to weigh public benefits against neighborhood detriments and allow variances that promote residential development. Licensing Coordinator Steve McCarthy said the town and its legal counsel are still evaluating how these changes will affect future applications.
The ZBA voted unanimously to allow Rebecca Curzon, owner of the Berkshire Terrace property, to reduce the front setback from 24 feet to 12 feet to accommodate a 10-by-16-foot screen porch. Curzon, who purchased the home four years ago, said the property had been a college rental in poor condition with persistent noise and disturbances. The addition would provide a walkway from the front door to the driveway, which currently requires crossing the lawn.
ZBA member David Sloviter called the application "exactly the type of application we should be supporting. It is an intelligent and appropriate modification of the property." ZBA members had visited the site and observed that several neighboring properties already had setbacks smaller than 12 feet, and the lot itself was already nonconforming.
In a separate matter, the ZBA unanimously approved a modification to the special permit for Aspen Heights, a 115-unit apartment complex at 408 Northampton Road. The owners, the Breckenridge Group, requested ending the requirement for 24-hour on-site security guard coverage and replacing it with a resident manager handling after-hours coverage. Planning staff suggested an online complaint form and phone numbers for after-hours resident contact. ZBA member Sarah Morton noted that the change was consistent with similar locations in town.