The request was previously denied during a meeting in which only four of the five appeals board members were present. Four affirmative votes were needed to grant a special permit. However, the vote to approve the request was 3-1, with member Dennis Murphy casting the opposing vote.

Murphy did not attend the remand hearing on Thursday.

“This has a long and tortured history, this case,” said Driscoll.

After the decision, Driscoll and Robert Troy, who was then town counsel, sought an order of remand from superior court. Judge Richard Chin granted the order, Driscoll said.

Griffin operates a digital publishing company at 21 Chestnut St. There is a two-car garage in the back of the property. Griffin wants to raze it and build a larger garage in its place. The new structure would include a garage with space for two cars downstairs, and office space upstairs, said Mark Case, president of South Shore Survey Consultants of Kingston. Griffin also wants the structure to provide for temporary overnight lodging for employees and salespeople.

The garage that is there now is 756 square feet. The proposed structure would be 1,280 square feet. Under the request, the number of parking spaces on the lot would increase from eight to 12 spaces.

Board of Appeals member Wayne Dennison asked if a traffic study had been conducted.

Casey said no such study was necessary. “This is not a retail operation. This is digital publishing.”

Board of Appeals member Judith Barrett, who chaired the remand hearing, asked the applicants if they would agree to a condition that prohibited a bathtub or shower in the new structure.

“Is that a normal feature of an office?” she asked.

Casey said his company employs landscapers and surveyors, and the office has one shower.

“I don’t find it unusual,” he said.

Griffin and his wife Colleen Griffin attended the remand hearing. Kevin Griffin said he would certify that the new structure would not be used as a dwelling and would accept a condition that the building inspector and zoning enforcement officer conduct periodic inspections.

“We’ll be more than happy to comply,” Griffin said. “I think we’ve been very up-front. We’re not trying to pull a fast one on you.”

No one from the public commented during Thursday’s remand hearing.

The zoning board voted, 5-0 to close the hearing, and will deliberate on the matter at the board’s Sept. 27 hearing. Barrett said the Board of Appeals has 90 days to make a decision.