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Committee directs solicitor to attend zoning hearing on 236 West Barnard student‑home appeal

2092511 · January 9, 2025
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Summary

The Smart Growth Committee voted to ask the borough solicitor to attend the Zoning Hearing Board hearing for 236 West Barnard, where the applicant is appealing a zoning enforcement action alleging an illegal student home.

The Smart Growth Committee moved to direct the borough solicitor to attend the zoning hearing for 236 West Barnard, where an applicant is appealing a zoning enforcement finding that the house is an illegal student home.

Nicole Schimone, chair of the Smart Growth Committee, called for the motion. Committee discussion noted that when an applicant rejects the zoning officer’s determination the solicitor’s attendance is advisable. “We would advise counsel in all instances of an applicant rejecting the zoning officer’s determination to send a solicitor to oppose the view because it's a repudiation of the zoning officer's ruling,” a committee member said during the discussion.

Committee members indicated support for sending solicitor representation to the hearing; one member said, “Yeah, I'm good with that. Yep.” There was no recorded roll‑call tally in the transcript; the committee recorded agreement and directed staff to notify the solicitor and prepare to attend the hearing.

The transcript records the substantive basis for the direction as an appeal of a zoning enforcement action regarding a student‑home violation; the committee did not adopt any additional conditions or modifications to the solicitor’s assignment at the meeting.