The Town of Falmouth Zoning Board of Appeals on Tuesday agreed to continue consideration of an application to convert a standalone garage at 8 Melrose Avenue into a single‑family residence after abutters and several board members flagged lot‑size and precedent concerns.

Attorney Kevin Clower, representing the property owners, said the proposal would raise and replace the existing two‑car garage with a one‑bedroom dwelling above a two‑car garage on a 3,711 square‑foot lot and would require a special permit under the town's zoning bylaw (240.10.2(a)). Clower cited an amendment in the 2016 Acts (chapter 184) and Massachusetts General Law chapter 40A, section 6, saying the change in state law makes long‑standing nonconforming structures eligible for alteration if no enforcement occurred within 10 years.

Neighbors and an abutter who submitted a written letter said converting the garage to a primary residence on a lot that is roughly half the zoning minimum (the bylaw requires about 7,200 sq. ft.) would set a dangerous precedent and could erode minimum lot‑size standards. The letter, submitted by an abutter, also questioned whether the garage had been legally tied to the nearby home at 345 Grand Avenue and raised parking concerns.

Board members pressed the applicant on whether the proposed use would be "substantially more detrimental" to the neighborhood, a required finding for approval. Commissioner Scott Peterson and Associate Tony Petrucci repeatedly emphasized the lot‑size disparity with the bylaw minimum; Clower responded that the immediate neighborhood contains multiple lots of similar or smaller size, that the proposed footprint would cover about 15.9% of the lot (below 20% coverage), and that the proposal meets setback and coverage requirements.

The board asked the applicant to provide the specific statutory language and relevant Mass. Zoning Manual excerpts supporting his legal interpretation. Clower agreed to submit a correspondence packet synthesizing chapter 184 (Act of 2016) and other authorities. With that material pending, the board continued the hearing with the applicant's assent and recorded December 12 as an acceptable date for the continuation.

Next steps: the hearing will resume after the applicant files the requested statutory citations and supporting materials; no decision was taken at the continuation.