1,125-Square-Foot Cap Set for Congress Street Garage as ZBA Defines Four-Car Limit

Key Points

  • ZBA imposes a 1,125-square-foot limit on a Congress Street garage to define a "four-car" capacity
  • Variance for a front door vestibule at 2 Oakdale Terrace denied due to lack of legal hardship
  • Safety-driven hallway expansion and new garage approved for Blueberry Lane with 10-foot setback condition
  • Board members call for Town Meeting action to update "wishy-washy" garage and outbuilding bylaws

The Pembroke Zoning Board of Appeals moved to standardize the definition of a four-car garage on Monday night, capping a proposed outbuilding at 35 Congress Street to 1,125 square feet. Applicant James Arena had initially requested a variance to construct a 1,500-square-foot metal garage for personal vehicle storage and a workshop, noting that a 30x50 structure is no longer considered large by modern standards. However, the board expressed a need for consistency with past decisions and the town's existing, if aging, bylaws.

Chair Frederick Casavant IV noted that the board has faced similar issues recently, explaining that the bylaw currently limits such structures to four cars without providing a specific square footage. For consistency, I'd like to see it shrunk a bit, Casavant said. I think 1,125 square feet is a good size for a large four-car garage. Vice Chair Christopher McGrail suggested that Arena delineate the interior space to separate the workshop from vehicle storage to help fit within the spirit of the rule. Motion Made by F. Casavant to allow the request of Case 5-26 for the variance to do a four-car garage, limited to 1,125 square feet, with no business conducted and no living space. Motion Passed (3-0-0).

The decision drew scrutiny from abutter Mike Cohen, who questioned the board's authority to set a square footage precedent on the fly. No matter what size he builds, it won't affect the abutters, Cohen said, arguing that the definition was arbitrary. Good luck fitting a limo in 1,100 feet. McGrail countered by encouraging residents to seek a formal bylaw change at Town Meeting to provide the board with clearer guidelines, noting that the current language is wishy-washy and outdated.

The board showed less flexibility regarding a requested front door vestibule at 2 Oakdale Terrace. Alicia Sisano Perry of Alluring Concepts sought a variance for a mudroom that would sit just 16.5 feet from the street, citing the owner’s need for storage and a way to keep dogs from running into the road. Perry pointed out that many Pembroke neighborhoods are non-conforming, with some homes having even less frontage. Member Ryan MacDonald pushed back on the justification, stating that Aesthetics isn't a hardship. While the board was comfortable with a special permit for a new carport on the property, they remained firm on the setback for the living space. Motion Made by F. Casavant to allow the special permit for the carport and deny the request for the variance for the vestibule. Motion Passed (3-0-0).

At 46 Blueberry Lane, applicant Joel Gilkine successfully secured relief for two additions and a new garage on a lot described as funky-shaped. Gilkine explained that one 4x20 addition was intended to widen a 28-inch hallway that currently poses a safety hazard. The hardship is he's looking for storage space, a neighbor spoke in favor of the project, noting the 1,000-square-foot home lacks a basement. McGrail agreed that the narrow hallway was a significant issue, noting code is usually 36 inches. The board approved the expansion but required the new garage to be set back 10 feet from the property line rather than the requested 8 feet to ensure a buffer from the neighbor. Motion Made by F. Casavant to allow the variance on the 4x20 and 6x30 additions as shown on the plan, and for the 28x28 garage, it must be no closer than 10 feet to the property line in the side yard. Motion Passed (3-0-0).