NEWTOWN TOWNSHIP ZONING HEARING BOARD

MUNICIPAL BUILDING - 100 MUNICIPAL DRIVE

NEWTOWN, PA 18940

THURSDAY, FEBRUARY 19, 2001

7:30 PM


APPROVAL OF THE MINUTES OF THE FEBRUARY 19, 2001 MEETING: Mr. Lionetti made the following amendments and/or changes to the February 19, 2001 minutes:1
Page 2, Paragraph 1: Due to a defective notice in the last hearing, the board is returning to this case to determine whether there is a public comment on this application. Change to read: "Due to the hearing notice being posted late, the Board continued the hearing to allow for public comment."
Page 2, Paragraph 2: The applicant, Andrew Speaker was present to represent this application. Also present was Dominic Bentivoglio, representing the builder. Change to read: The applicant Andrew Speaker was present. Also present was Dominic Bentivoglio, "the builder".
Page 2, last Paragraph: Mr. Auchinleck advised that once the board renders its decision on the set back, should the Speakers or new owner decide in the future to enclosed this porch, they would have to seek a permit to enclose the porch.
Mr. Auchinleck advised that once the board renders its decision on the set back, should the Speakers or "any future" owners decide to enclose "the" porch they would have to seek a permit to enclose the porch.
Page 3, 2nd Paragraph:
Mr. Bentivoglio advised the flooring to the porch would consist of continuous concrete footing and brick. Change to read: Mr. Bentivoglio advised that the flooring to the porch would "be brick covered concrete with a" continuance "concrete footing."
Page 3, Paragraph 7:
Mr. Auchinleck advised that this application was originally scheduled to be heard by the Zoning Board at its February 1, 2001 hearing; however, due to a defective notice, this application could not be opened for hearing. This application was then rescheduled for tonight's meeting.
Mr. Auchinleck advised that this application was originally scheduled to be heard by the Zoning Board at its February 1, 2001 hearing; however, due "the late posting of the public notice" this application could not be opened for hearing. This application was then rescheduled for "March 1, 2001."
Page 3, Paragraph 8: Motion was made by Thomas Ragan to adjourn Sun Company Inc.'s application to the March 1, 2001 Zoning Board Meeting, which was seconded by John Lenihan. Motion was made by Thomas Ragan to "continue" Sun Company Inc.'s application to the March 1, 2001 Zoning Board Meeting, which was seconded by John Lenihan. 
Motion was made by John Lenihan to approve the minutes as amended, which was seconded by Thomas Ragan.
Motion carried unanimously.
1Amendments and/or changes are made in the "italic" print.


The Newtown Township Zoning Hearing Board met on Thursday, February 19, 2001 in the Newtown Township Fire House. In attendance and voting are: Mario Lionetti, Chairman, Thomas Ragan, Vice-Chairman, John Lenihan, Secretary, and Franklin Carver, Member. Also in attendance is James J. Auchinleck, Jr., Solicitor. Not in attendance this evening is Michael Leone, Member.

CALL TO ORDER

Mario Lionetti, Chairman calls the meeting to order at 7:41 p.m.

MOMENT OF SILENCE

THE AGENDA WAS REVIEWED

Approval of Minutes Thursday, February 1, 2001

Continued Application of Andrew and Margaret Speaker

Application of Sun Company, Inc.

Adjournment

APPROVAL OF THE MINUTES OF THE FEBRUARY 1, 2001 MEETING

Mr. Lionetti made the following amendments and/or changes to the February 1, 2001 minutes:1

Page 4, paragraph 5:

Similarly, with respect to the application of Pheasant Point, Mr. Auchinleck spoke to Mr. "Gundlack", the attorney representing the applicants in this case, who also forwarded a letter requesting that this hearing be continued to March 1, 2001 and agreed to extend the deadline to this date.

Page 3, last paragraph:

The system utilized to generate these addresses does not generate the addresses for "residents" who borders this municipality.

Page 3, paragraph 1:

Also attached and made part of application is Exhibit A-2, which is a photoboard of a "drawing", dated January 3, 2001, of the proposed elevation of the building.

Page 5, 2nd paragraph to the last paragraph:

Mr. Harwood was asked if a front porch that has five posts and a roof requires continuous footing around the perimeter of the porch? Mr. Harwood said yes, this would "be" required regardless of if the porch was to be enclosed.

Mr. Lionetti asked if the Board if they had any further amendments and/or changes to the February 1, 2001 minutes. The Board had no further comments.

Motion was made by Mario Lionetti to approve the February 1, minutes, as amended, which was seconded by Franklin Carver.

Motion granted unanimously.

1Amendments and/or changes are made in the "italic" print.

CONTINUED APPLICATION OF ANDREW N. AND MARGARET R. SPEAKER

Mr. Auchinleck gave a brief update on this continued application. Mr. Auchinleck advised that the board heard testimony on February 1, 2001. due to a defective notice in the last hearing, the board is returning to this case to determine whether there is any public comment on this application. Following any public comment, this application will be ready for the board to decide.

The applicant, Andrew Speaker was present to represent this application. Also present was Dominic Bentivoglio, representing the builder.

Mr. Lionetti asked if there was anyone from the public present who wished to be a party to this application? There was no response.

Motion was made by Mr. Lenihan to construct a covered front porch addition with a front yard set back of 31 feet instead of the required 35 feet. Mr. Carver seconded motion.

The board discussed the subject of whether the board wished to place a restriction on this application that the porch not be enclosed. Mr. Auchinleck advised that once the board renders its decision on the set back, should the Speakers or new owner decide in the future to enclosed this porch, they would have to seek a permit to enclose the porch. Following discussion, the board decided not to place a restriction with regard to the enclosure of the porch.

Dominic Bentivoglio was sworn in.

Mr. Lenihan asked what the construction of the flooring would be. Mr. Bentivoglio advised the flooring to the porch would consist of continuous concrete footing and brick.

Mr. Lionetti asked if there was any other comments or discussions from the board in this application. There was no response.

Motion granted unanimously.

Mr. Auchinleck advised Mr. Speakers that they have 6 months to obtain their permits. Mr. Auchinleck further advised that he will forward a Notice of Decision tomorrow and a formal Notice of Decision within 45 days.

APPLICATION OF SUN COMPANY, INC.

Mr. Lenihan read into the record the application of Sun Company, Inc., requesting a variance from Sections 1106(F)(2); 1106(F)(4)B; & 1106(M)(1),(2),(3),(5),(6),(7),(8) & (9)(a),(b),(c) of the Joint Municipal Zoning Ordinance of 1983 for relief to increase the number, size and height of the signs in excess of that permitted by the zoning ordinance. The subject parcel is located at Washington and Elm Avenues, Newtown, in he PS Professional Services Zoning District, being further known as Tax Map Parcel #29-10-45-2.

Mr. Auchinleck advised that this application was originally scheduled to be heard by the Zoning Board at it February 1, 2001 hearing; however, due to a defective notice, this application was not able to be opened for hearing. This application was then rescheduled for tonight's meeting. Mr. Auchinleck received a letter from Timothy L. Jones, the attorney representing this application, which he read into the record, which requested a continuance to the next regularly, scheduled meeting of March 1, 2001. Sunoco waived the municipality's requirement that the township hold the meeting within 60 days. Mr. Auchinleck further advised that the applicant would like matter with the township and borough and that they would possibly be amending the application. It is the applicants intent to request a lesser variance; therefore, it will not have to be readvertised.

Motion was made by Thomas Ragan to adjourn Sun Company Inc.'s application to the March 1, 2001 Zoning Board Meeting, which was seconded by John Lenihan.

Mr. Lionetti asked if there was any further comments or discussion on this application. There was no response.

Motion carried unanimously.

OTHER BUSINESS:

Mr. Lionetti presented a brochure of an upcoming event being sponsored by the County on March 24, 2001, at the Bucks County Community College. Following discussion, the board decided to attend this event.

ADJOURNMENT

Motion made by Mr. Lionetti to adjourn meeting, which was seconded by Mr. Lenihan.

Motion carried unanimously.

Meeting adjourned at 8:01 p.m.

 

Respectfully submitted by:

 

__________________________________
Anita P. Arndt, Recording Secretary