Evidence presented highlighted the architectural features of the property, such as the original plaster siding, large windows in the basement and dormer, and multiple entrances, which suggested that the structure was intended for occupancy on three floors. The presence of three electric meters, believed to date back to 1955 or earlier, further supported the claim of the property’s original use as a multi-unit dwelling. Despite these indicators, the absence of construction plans or permits from the time of the property’s original construction posed challenges in proving its historical use definitively.

Witness testimony also played a role in the board’s deliberations. A witness confirmed having lived on Gerard Avenue from 2005 to 2019 and observed multiple tenants at the property during that period, although they noted that the property had no tenants at the time of purchase in October 2023. This raised questions about the property’s continued use as a three-family dwelling and whether it had been abandoned as such.

The board discussed the potential implications of abandonment and how long a property could remain unoccupied before losing its rights to be classified as a three-family unit. The notion that a property could be converted to a two-family dwelling without prohibitions, pending board certification of its non-conforming use, was also considered.

In light of the legal and technical challenges associated with documenting the property’s historical usage, the board decided to extend the application for further examination. They agreed to revisit the case on April 3, allowing for additional time to gather more comprehensive documentation and insights that could substantiate the property’s pre-existing non-conforming use status.

Aside from the Gerard Avenue property, the board addressed another significant matter concerning the Dawa Center. The Dawa Center’s representative sought a one-year extension of their preliminary site plan approval, citing complications with securing necessary approvals due to the previous owner’s actions. The board granted a one-year extension, setting a deadline for January 16, 2026, while clarifying that any new plans submitted would require a new application and associated documentation.