ZBA finds 264 Gerard Avenue was a three‑family before 1958 and approves certificate of preexisting use

The Franklin Township Zoning Board on April 3 determined that the property at 264 Gerard Avenue was in continuous three‑family use prior to 1958 and continued as a three‑family through at least February 2009, and it approved a certificate recognizing the preexisting nonconforming use.

The application, continued from a prior hearing, included a dated expert report (Beckes/Backus, 02/28/2024) that identified three separate electric and gas services and interior construction elements the expert dated to the 1950s. The applicant presented testimony from Belinda Baker, who said she lived in the house beginning in 1960 and described three separate dwelling units, separate kitchens and three electric meters over decades. Baker also explained that some appliances had been removed prior to a recent sale to facilitate listing and repairs; that removal accounted for a later 2023 certificate form that indicated two units.

Board discussion referenced the historical zoning ordinance (initially established in 1958) and weighed the expert report together with the witness testimony; after deliberation the board voted in favor of finding that the three‑family use existed prior to 1958 and continued through at least 02/2009. The board instructed that code and inspection follow-up (TRC/inspections) remain necessary to ensure current subcode and safety compliance before occupancy or permits are issued by staff.

The board’s recorded vote was in the affirmative by the members present; no public opposition appeared during the reopened hearing.