Proposed Alterations to Two-Unit House on High Street Approved by ZBA

Report of the Meeting of the Amherst Zoning Board of Appeals, July 9, 2026

This meeting was held over Zoom and was recorded.

Present
Everald Henry (Chair). David Ahlfeld, Craig Meadows, Sarah Morton, and David Sloviter

Staff: Jeff Bagg (Director of Planning and Economic Development)

ZBA Grants Special Permit for Change from Duplex to Converted Dwelling on High Street
After several concerns had been expressed by the Zoning Board of Appeals regarding a proposal to enclose a covered porch to create an additional bedroom at 65 High Street, owner Alex Rovitz and his attorney David Benson returned to the board for a special permit to change the building from an owner-occupied duplex to an owner-occupied converted dwelling. The new plan addresses previous concerns about inadequate separation between the two units and about the property’s management plan. The application for a special permit was approved unanimously.

Under Amherst zoning bylaws, a converted dwelling is a residential use created by splitting an existing, older building into one or more new dwelling units. To qualify as a converted dwelling, the project must meet the following core requirements:

•  The structure being converted must have existed for at least 10 years (or be a detached structure built before 1964). 
•  The lot must already have had at least one lawful dwelling unit before the conversion. 
• The new units must be made mostly by using and renovating existing space. New construction or additions are allowed, but no entirely new unit can be created purely through new construction.
• The conversion cannot exceed the allowed number of dwelling units for that specific zone (e.g., maximum of 4 to 6 units depending on the district). 
• No significant changes can be made to the exterior of a building
• Converted dwellings require a Special Permit in residential districts. The town regulates them this way to preserve the historical character of older homes preserve the existing streescape.

Sixty-five High Street is a historical Victorian mansard home originally built by one of the more prosperous Main Street merchants of the period. The new plans do not alter the footprint of the building and only minimally change the exterior, meeting the requirements for a converted dwelling.

As in the previous application, these plans again show enclosure of the first-floor porch to create a fourth bedroom in the first-floor unit. The second-floor porch will be additional common space off the kitchen. The unit on the second and third-floors also has four bedrooms. The access to each unit is to be secured with doors with keypad entry.

Rovitz said that changes in his job situation allow him to reside in the building full time, and he has changed his permanent residence to Amherst. He will serve as manager of the property and it will remain owner-occupied.

ZBA member David Sloviter remarked that the landscaping seemed overgrown when board members conducted their site visit.

The application also asked for a waiver of the requirement that no more than 50% of the parking spaces be restricted to compact cars. The applicant requested that the three spaces along the north end of the house be reserved for compact cars. There are two additional spaces at the rear of the driveway. The three spaces are 8 by 20 feet, instead of the 9 x18 feet for a standard space. 

In public comment, Hilda Greenbaum asked about the requirement for cars not to be parked within 8 feet of a structure because of the possibility of fires due to the flammability of lithium batteries. Planning Director Jeff Bagg noted that this applied to buildings with four or more units, and this structure has only two units.  

As part of the conditions on the special permit, any change in ownership will require the new owner to present a management plan for approval. A request to make the property non-owner occupied will require a new public hearing to revise the special permit.

No abutters were present at this meeting.

Henry Re-elected as ZBA Chair
The ZBA is required to elect its officers at the first meeting of the fiscal year, Everald Henry acted as chair for the public hearing on 65 High Street, after which Sloviter nominated him to continue to serve as chair for the rest of the year. Sloviter was nominated to continue as vice-chair, and David Ahlfeld as clerk. All were confirmed unanimously.

Hearing on Disputed ADU Size Scheduled for July 23
The ZBA next meets on July 23 to hear a dispute filed regarding the size of several accessory dwelling units being constructed in town.