The Bowmanstown Borough Council, on behalf of the borough, is taking the community's zoning hearing board to court, saying a decision it rendered was an abuse of discretion and that the board committed errors of law.

The borough is asking the court to reverse the zoning hearing board's decision and to deny a resident's zoning request.In the pleadings, filed by attorney James F. Preston of Bethlehem, solicitor to the council, the borough is suing an entity of the borough based on a decision it made following a public hearing requested by Fred and Linda Cioletti and held on Oct. 14. A written decision containing findings of fact and conclusions of law was issued Nov. 24 of this year.The Ciolettis sought special exception relief of the borough's zoning regulations to allow the construction of a building addition at 327 Ore St. in the borough. The property is owned by Mr. and Mrs. Craig Balliet and is located in a medium density residential zoning district. The Ciolettis are identified as the parents of Mrs. Balliet in the documents.The findings of fact state that on Aug. 13, zoning officer Duane Dellecker denied the Ciolettis' application, informing them that because the addition would contain a kitchen, the construction would create an apartment that is not permitted in an R-2 zoning district.Dellecker also determined the existing lot size of the property, 10,800 square feet, was not sufficient to accommodate two dwelling units, with the zoning ordinance requiring a minimum lot size of 6,000 square feet. The zoning officer also took issue with off-street parking spaces per dwelling unit.During the zoning board's hearing, the Ciolettis testified they are seeking the special exception to construct the addition with a kitchen to establish an in-law suite due to their ages and growing health-related issues that have made it difficult for them to maintain their own residence.The Balliets testified the sole purpose of the addition was to provide a home for Mrs. Balliet's parents and that they would not intend to rent the addition out as an apartment should there come a time when the Ciolettis would no longer live there.In ruling on the case, the zoning board determined the proposed request is more analogous with creating a dwelling unit for in-laws or other family members, which is not currently treated in the existing zoning ordinance. The board found the proposal was more similar to converting an existing building into different dwelling units and this is permitted by special exception.It granted the special exception subject to fire safety requirements, utilities being tied into the existing structure as per code, and that suitable off-street parking for three vehicles be made available, two of which may be in the garage that already exists on the property.The board also required the applicant to meet all other building code requirements and land development ordinances of the borough.Roland Fritz is identified as the "acting chairperson" of the board.