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Zoning board grants after‑the‑fact variance for Pembroke Road garage, with conditions
Summary
The zoning board approved an after‑the‑fact variance to legalize a rebuilt two‑story garage at 24‑2040 Pembroke Road, but required conditions: the upstairs bathroom remain a half bath, no kitchen or wet bar, and a one‑year site inspection by the zoning enforcement officer.
The Zoning Board approved an after‑the‑fact variance on Feb. 13, 2025, to legalize a rebuilt two‑story garage at 24‑2040 Pembroke Road, allowing a reduced rear setback from 35 feet to 18.3 feet and a reduced side setback from 25 feet to 14.3 feet, subject to conditions intended to prevent conversion of the space into a separate dwelling.
Neil Marcus, attorney for the applicant, told the board the original single‑story garage dated to the 1930s and that the new structure replaced a building “in serious disrepair.” Marcus said the first floor is intended for storage and the second floor serves as a playroom with a half bathroom, noting that building inspections were passed and the work required an after‑the‑fact variance so the owner can obtain a certificate of occupancy.
Board members pressed Marcus on the interior layout and the potential for conversion into a separate unit. One member said the half bath and an exterior door could be “prepped for an entirely different…separate unit,” and asked whether a full bath or kitchen could be added. Marcus said the submitted plans show only a half bath and no cooking facilities and agreed the board could condition the approval to prevent conversion.
Zoning enforcement staff member Sean Herrity recommended the same safeguards the board discussed: require that the bathroom remain a half bath, prohibit a kitchen or wet bar, and schedule a zoning enforcement reinspection about one year after approval to verify the structure remains part of a single‑family residence. Herrity told the board staff routinely conducts follow‑up inspections and said a tickler could be set to ensure a revisit.
After deliberation about enforceability and precedent — including concerns that approving an after‑the‑fact variance might encourage similar unpermitted construction — a board member moved to approve the application with the stipulations recommended by staff and supported by the applicant. The motion noted the plan as submitted and added the conditions prohibiting conversion to a full bathroom, prohibiting kitchen or wet bar installations, and requiring a one‑year inspection plus periodic follow‑up by the zoning enforcement officer. The board voiced assent and the chair declared the motion passed.
The approval legalizes the expanded garage footprint and its second story while imposing restrictions the board said are intended to limit the risk of an easy conversion to a separate rental unit. The board asked zoning staff to monitor compliance and said staff would revisit the property to confirm the conditions are followed. The meeting adjourned after brief remarks and thanks to staff and counsel.
