The property on Franklin Avenue has been the subject of scrutiny due to its unique zoning situation. It currently houses a studio apartment on the first floor behind an existing commercial space and another residential unit on the second floor. The owner, who recently inherited the property, revealed difficulties in renting the commercial space. He emphasized that the building has been paying taxes on four units since its acquisition in 1977. One board member pointed out that historical zoning laws from the early 1960s might have permitted this use had the previous owner applied within the required timeframe.

Testimonies provided by individuals familiar with the property’s history underscored the unchanged use and structure since it was purchased in 1977. Michael Mascara, a witness, confirmed that the building’s footprint and use remained identical, stating, “From 1977 until today, did you change anything about the footprint of that building? Nothing at all.” This testimony, along with documentation from a tax reevaluation in 2022 listing the property as having four units, proved pivotal in the board’s decision-making process.

The board deliberated on whether to grant a use variance or acknowledge the pre-existing non-conforming status of the property. One board member proposed assessing the property as a pre-existing non-conforming structure, negating the need for a use variance. The historical context supported this claim, and the board agreed to issue the certificate based on the evidence presented, which highlighted the property’s consistent mixed-use history. The motion was passed with a majority, emphasizing the hardship due to the property’s age and lack of comprehensive documentation from the building department.

In other matters, the board addressed several applications concerning property modifications and zoning compliance. A homeowner’s request to install an above-ground pool on Highfield Lane prompted discussions about safety measures. The board mandated the installation of a locking gate and a pool alarm to ensure safety, especially for children. The pool’s proximity to the deck was also a point of discussion, with a clarifying statement that moving the pool further would require a new variance application.

Another notable application involved a two-story addition on Stanley Avenue. The homeowner, Thomas Bernard, sought to expand living space to accommodate a growing family. The board initially denied the request due to side yard setback violations. However, after considering the existing non-conforming nature of the lot and ensuring that the addition would not exceed height limits, the board granted the variance.

Additionally, the board reviewed a request for a three-foot aluminum fence at a corner property on Whitford Avenue. The homeowner, Dylan Azajowski, aimed to create a secure environment for his family. The board, recognizing the need for safety and aesthetics, approved the fence installation with conditions ensuring it complements neighborhood standards.

The meeting concluded with discussions on administrative matters, including the approval of fees and previous meeting minutes, followed by two resolutions related to properties on Kingland Street and May Place, which were approved unanimously. The board announced the next meeting’s relocation to the municipal court for accessibility.