In 2007, Jeffrey Bauer came to Catasauqua's Zoning Hearing Board to ask for approval to allow his father to live out his last days in a living area at the rear his property at 219 Second St. The unofficial apartment is a separate unit above a garage with enough space to have a kitchen, bath, small bedroom and a sitting area.

In granting the relief for his father, the board stipulated that the exception only applied in this specific instance. Attorney Thomas Dinkelacker, who represented the borough, argued restrictions in the ordinance that allow an exception for an ailing family member had a legitimate planning purpose.

"We don't want to see a proliferation of small apartment units in a high-density area where parking is already a problem," he said.

In early 2013, after his father died, Bauer moved into the apartment and allowed close friends of his to move into the main house on the property.

"They didn't have a place to stay so I offered them the house," Bauer told officials at the April 16 zoning hearing. "I don't charge any rent and they pay the utilities. They are like family to me."

Borough Manager, Eugene Goldfeder, who also serves the borough as a zoning officer, notified Bauer shortly after his father died he was in violation of the agreement when he moved into the apartment his father once occupied.

Bauer's attorney, Michael Santanasto, argued the original order was ambiguous and left open to Bauer's interpretation that any family member could occupy the apartment.

Dinkelacker, armed with information from the 2007 zoning session, proved his point that the agreement was written only to allow Bauer's father in the apartment.

The zoning board unanimously sided with Dinkelacker and determined Bauer was in violation of the initial agreement.

Santanasto asked the board to grant a special exception for Bauer along the same lines as the existing exception for his father. Santanasto went on to identify disabilities and limitations that Bauers had to deal with every day.

Dinkelacker countered Bauer was perfectly capable of handling normal living activities without assistance. He acknowledged Bauer received Social Security disability payments and had to deal with ailments but argued the provision in the ordinance allowing the special exception requires that a family member needs to care for another family member. The tenant is not a family member.

Zoning board member Bernie Skripek questioned Bauer about his approach.

"Why did you move?" he asked. "The apartment requires that you climb up stairs."

Bauer responded he has everything on one floor at the apartment.

"I am thinking about installing a lift," he said.

"It would probably be less expensive to put in a first-floor bathroom in the main house," countered Skripek.

After hearing the arguments, the board deliberated and allowed Bauer to live in the apartment with certain restrictions. The key restriction is that Bauer must live in the apartment continuously. If he moves back to the main house then the exception is voided.

Bauer must also have his daughter, who now lives on Race Street, move into the main house on Second Street. Having Bauer's daughter live in the house will satisfy the code restriction that grants the exception for family member care.