Zoning Board of Adjustment — May 19, 2026
The meeting was procedural in nature, focused on administrative updates and standard variance requests with no significant public opposition recorded.
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The Town of Amherst Zoning Board of Adjustment is implementing a significant change to how land-use applications are evaluated in our community.
During the May 19 meeting, the board voted unanimously to combine the first two criteria of the variance testing process—'public interest' and 'the spirit of the ordinance'—into a single question. The Chair stated this move was intended to streamline deliberations and avoid contradictory findings, noting that judicial precedents suggest the two criteria are similar. However, this is a fundamental shift in the procedural framework used to judge whether a property owner deserves relief from existing zoning laws.
This change is scheduled to take effect on July 20, 2026. Because this alters the standard for all future variance requests, residents should be aware of how the 'bar' for approvals might change moving forward.
Additionally, the board is currently operating with a vacancy, leading to the postponement of several significant cases, including the BRAF and Tanna Properties applications, until the next meeting on June 16th.
Public impact
Procedural change to how all future variance requests are judged
The motion to combine the rules was approved unanimously.
The new combined criteria will be implemented starting July 20th, 2026.
Topics discussed
The Chair announced a board vacancy and informed the board that several cases were continued to June.
The agenda was reordered to address the three remaining applications.
The continued cases will be heard on June 16th, 2026, at 7 PM.
Deliberation on a variance request from Zero Rosemary Lane, LLC regarding reduced lot frontage and area.
The board voted to grant the variances, contingent upon receiving all required Planning Board approvals.
A hearing regarding a request for relief from front and side building setbacks for a single-family home on Baboosic Lake.
The board voted to approve the variance as presented.
A request to place a 10x16 foot storage shed closer than 100 feet from the street.
The board approved the variance with a condition that the shed does not extend closer to the street than the back line of the existing garage.
The board reviewed and voted on the minutes from previous meetings.
The April 21st and February 17th minutes were approved.
A motion to combine the first two criteria of the variance testing process.
The motion to combine the rules was approved, to take effect in 60 days.
The new combined criteria will be implemented starting July 20th, 2026.
Controversy & dissent
Potentially controversial issues
Rosemary Lane Variance Request
Proposed Change to Variance Criteria
Public comment
Decisions logged
Action items
Member positions
Positions marked ~ are inferred from context and may not reflect the member's explicitly stated position. UNCLEAR means the vote was split but the record did not name how this member voted — it is not a “yes.”
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