The Ross Township zoning hearing board on Tuesday night ruled in favor of two brothers who had appealed their application denial by the township’s zoning officer.

In a 2-1 vote, the zoning board upheld the appeal by Tighe and Neil Scott, who are selling tracts of their property at the intersection of Routes 115 and 33 near the Gateway Motel.

The zoning board’s decision stemmed from a Nov. 28 hearing about a proposed warehouse.

“During the previous hearings, there has been some contention that this is a distribution center and not a warehouse,” said James Fareri, solicitor of the zoning board.

Fareri and the three-member hearing board - Mike Galler, Leonard Ventre, and David Bray - met in executive session for about 50 minutes before the vote.

The Scott brothers had applied for a permit, which was denied by Shawn McGlynn, the township zoning officer who works for SFM Consulting. At previous hearings, McGlynn said he reviewed the Scotts’ application, and it sounded more like a distribution center/trucking terminal.

The property is in a general commercial zoning area. According to the township’s zoning ordinance, which was written in 2000 and amended a few times, warehouses are permitted but distribution centers are not.

Fareri said Tuesday that he has 45 days to submit the board’s written decision to the Scott brothers’ attorney, Ross Township solicitor and the various parties involved in the matter.

“There is still an outstanding appeal period. The township could appeal tonight’s ruling,” Fareri said.

At a three-hour public hearing last May, the hearing board’s decision was that it didn’t have the right to decide this case at the township level, but there is jurisdiction at the county level. The property remained for sale and the Scott brothers had to meet with their attorney to decide how to proceed.

It returned to the Ross Township zoning hearing board in November. Another three-hour hearing was held, and there were about 180 pages of testimony, Fareri said.