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Board denies interpretation for 1321 Dartmouth four‑unit claim, cites need for court review
Summary
Dartmouth ESH LLC sought recognition of 1321 Dartmouth as an existing four‑unit building. After reviewing evidence and competing testimony, the board voted 3‑0 to deny the interpretation and suggested the dispute may require judicial resolution.
Dartmouth ESH LLC’s request to have 1321 Dartmouth recognized as a lawful existing four‑unit structure was denied by the Zoning Hearing Board by a 3‑0 vote.
Attorney Joe Campolito and property representative Aaron Jacobs told the board the building has kitchens, bathrooms and separate living spaces for each unit, multiple electric meters and off‑street parking; they argued that the property was always operated as a four‑unit and that any presumption of abandonment is rebutted by facts such as tax and rental records and active marketing as a multi‑unit property.
Opponents and neighborhood counsel again referred to a history of a 2021 variance request and questioned whether the building had ever been legally converted. The city official cited the ordinance’s abandonment presumption and said the board must assess intent and documentary evidence when determining whether a nonconforming use survived.
The board declined to make a favorable interpretation, voting 3‑0 to deny the request and indicating the factual dispute may be resolved in court.
