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ZBA delays decision on garage rebuild after questions about upper "living space" use
Summary
Board members questioned whether a raised garage with an upper open room and a wet bar could amount to habitable space or an extra bedroom despite a Board of Health note that the space "does not meet requirements for human habitation and cannot be used as a bedroom," and asked staff to get formal clarification; the applicant asked to continue to Aug. 12.
The Zoning Board of Appeals on July 22 postponed action on a proposal to replace and raise an existing front-yard garage at 9 Tispequin Road after members expressed concern that the proposed second-floor "living space" could effectively function as a sleeping unit.
Applicant representative Michael Cannata described the plan as a raise-and-replace of a one-car garage with a small bump-out and an open second-floor space intended as a game or TV room; he said the home has ample parking and that the footprint change would still keep lot coverage under 20 percent. The Board of Health comment read into the record stated: "space above garage does not meet requirements for human habitation and cannot be used as a bedroom." Board members nonetheless worried that inclusion of a wet bar, sink and refrigerator adjacent to stairs could enable later conversion to sleeping use. "My point is this — this has got habitation/bedroom written all over it," one member said during discussion.
Members agreed to ask the Board of Health for clearer guidance about what "not meet requirements for human habitation" permits (and whether finishing the space, adding heat or other features would change that assessment). The applicant requested an extension; the board approved a continuance to Aug. 12 to allow the applicant time to obtain Board of Health clarification and to return with any plan modifications.
