The owner submitted various documents, including a telephone directory from 1972, a 1978 deed, and a 1996 real estate listing, all indicating the property’s use as a four-family building. The owner also highlighted the property’s registration with the Department of Community Affairs as a four-family dwelling, with inspections and fire certificates corroborating its continuous use as such. In testimony, the owner claimed that throughout his ownership, the property functioned as a four-family rental.

Board members scrutinized the historical evidence, with some expressing uncertainty regarding its sufficiency. The debate centered on the property’s zoning history in the TR District, the transition from RB to TR, and the absence of concrete proof of the existence of four apartments before 1982. The board considered the implications of the property being advertised as a four-family dwelling in 1996 and the absence of concrete proof before that date. Discussions also focused on the property’s utilities and metering, the implications for back taxes and charges, and the borough’s long-standing taxation of the property as a four-family dwelling without citations for non-compliance.

The property’s historical context was further elaborated upon by a witness who testified about its age and usage, including its past function as police barracks. The presentation included a debate on the non-conforming use of the property in 1972 and the subsequent allowance for its continuation. Public comments addressed concerns about the impact on the neighborhood aesthetics and potential parking issues due to the number of occupants.

Ultimately, the board voted to deny the application for a certificate of nonconformity, with members divided over whether the burden of proof had been met.

In addition to the primary discussion on the property on Main Street, the board also addressed several other topics. Notably, there was an update on a new ordinance that aims to incorporate input from both the Shadetree Commission and Environmental Commission, aligning with state minimums. The ordinance is currently in development, stemming from a successful joint meeting between the two commissions.

The meeting also touched on the progress of the traffic committee and the installation of a new stop sign at the corner of William Street and Broad Street. The board briefly mentioned volunteer opportunities for the upcoming Beer Corn and Tomato Festival and the ongoing work of the parking committee, which is still in the evaluation and planning phases.

The Historic Preservation Commission reported the cancellation of their July meeting due to a lack of applications and discussed the next steps for the Historic District boundary. The planning board and the HPC are preparing for a joint public meeting to address the historic district and the amended historic preservation plan elements, with a focus on ensuring a quorum for the scheduled meeting on August 27th.

Furthermore, the board reviewed ordinance 20248, which pertains to the land use submission checklist, voting to find the ordinance not inconsistent with the master plan. A separate application by Plaza One LLC for a D1 variance, which would allow for a boutique clothing store and a management office, was also discussed. The application was deemed complete, conditioned upon the submission of a sketch of the space’s layout before the next meeting.

The board also deliberated on an application by dou CRA for a certificate of non-conformity on Main Street, which after extensive discussion, was voted complete, allowing for a public hearing to proceed. The property’s historical use as State Police Barracks in 1938 was highlighted, with supporting newspaper articles and testimony from the property owner, Douglas Sebert.