Board continues hearing on whether 264 Girard Ave. is a pre-existing three-family; expert testimony cited building features

The Franklin Township Board of Adjustment continued a hearing on Jan. 16 over whether 264 Girard Ave. should be recognized as a pre-existing nonconforming three-family dwelling. The applicant, 13 Essex East Orange LLC, seeks a determination under the township zoning rules (R-15 zone) that the building was used as a three-family before the single-family zoning took effect.

Applicant Jared Sutton testified he acquired the property on Oct. 2, 2023, and said he found the structure set up with three separate floors historically used as separate dwelling units. “I acquired it in October of 2023,” Sutton said on the record. He told the board he purchased the house as an investment and found evidence in the on-site layouts and the tax/property record card indicating a three-unit configuration.

The applicant’s construction expert, David Beekus, told the board his inspection and report (dated Feb. 28, 2024) showed indicators of original construction for three occupied floors: large basement windows and two basement entrances, older kitchen fittings and radiators in the basement, and three electrical service meters and service boxes dated to the mid-1950s. “This house is clearly ... a 3 family house and was built as a 3 family house,” Beekus testified.

Board counsel and members probed the evidence. Counsel noted the governing standard for a pre-existing nonconforming use requires proof that the use existed prior to the zoning change (the board discussed 1958 as the approximate date the zoning was adopted). The board and counsel highlighted gaps in the documentary record: the township’s building department permit files for the 1950s are not readily retrievable and the tax/property card provided in the packet shows a three-unit designation but the date range and historical continuity on that card were not fully established during the hearing.

Key factual points developed on the record: the applicant said two tenants occupied the property when he inspected it before purchase; that there were no tenants living there at the time of the hearing; the deed is dated Oct. 2, 2023; a township property record card shows the building was constructed in 1953 and lists three units on the card; the expert reported three bathrooms (one per floor) and evidence of three meters installed in the 1950s. The applicant acknowledged that one basement kitchen has had its cabinets and fixtures removed at some point before the hearing.

Board direction and next steps: Because the board found the evidentiary record incomplete for its burden — particularly regarding how long the tax/property card and other municipal records have reflected a three-unit configuration and whether the basement kitchen removal indicates abandonment — members asked the applicant to obtain or make available additional municipal records (property-record cards and building-department records) that show the historical unit count. The applicant agreed to pursue additional records and the applicant’s counsel asked for a continuance.

The board voted to carry the application to April 3, 2025, with no further notice required. On the record the applicant also agreed to grant an extension of time for the board to render a decision while those materials are collected. The board recorded the roll-call vote and noted that, if the applicant presents additional documentary evidence showing a continuous three-family use that predates the zoning change, the board could then complete its pre-existing nonconforming-use determination.