NEWTOWN TOWNSHIP ZONING HEARING BOARD

MUNICIPAL BUILDING - 100 MUNICIPAL DRIVE

NEWTOWN, PA 18940

THURSDAY, JANUARY 3, 2002

7:30 PM


Approval of the Minutes of January 3, 2002 - Mr. Ragan moved to accept the minutes of January 3, 2002. Mr. Carver seconded and the motion passed 4-0.


The Newtown Township Zoning Hearing Board met on Thursday, January 3, 2002 in the Newtown Township Building. In attendance and voting were: Mario Lionetti, Chairman; Thomas Ragan, Vice-Chairman; John Lenihan, Secretary; Franklin Carver, Member; and Michael Leone, Member. Also in attendance were James J. Auchinleck, Jr., Esq., Solicitor, Thomas Harwood, Zoning Officer, and Ann Pratt, Stenographer.

CALL TO ORDER 

Mr. Lionetti called the meeting to order at 7:30 PM 

THE PLEDGE OF ALLEGIANCE 

THE AGENDA WAS REVIEWED:

Mr. Lionetti made an addition to the agenda of the annual re-organization of the Zoning Hearing Board. 

            Approval of Minutes of December 6, 2001

            Continued Application of Keller Williams Preferred Real Estate

            Application of Boris Kryss

            Application of Leonard Kane 

RE-ORGANIZATION OF THE ZONING HEARING BOARD 

Mr. Lionetti moved to retain the services of James J. Auchinleck, Jr. as solicitor of the Newtown Township Zoning Hearing Board at an hourly rate of $120.00. Mr. Lenihan seconded and the motion passed unanimously. 

Mr. Ragan moved to re-appoint Mr. Lionetti as chairman of the Newtown Township Zoning Hearing Board. Mr. Leone seconded and the motion passed unanimously. 

Mr. Lionetti moved to re-appoint Mr. Ragan as Vice-Chairman of the Newtown Township Zoning Hearing Board. Mr. Carver seconded and the motion passed unanimously. 

Mr. Lionetti moved to re-appoint Mr. Lenihan as Secretary of the Newtown Township Zoning Hearing Board. Mr. Carver seconded and the motion passed unanimously. 

APPROVAL OF MINUTES OF DECEMBER 6, 2001 

Mr. Ragan noted that on page 7 the word "where" should replace the word "more" in the first paragraph. 

Mr. Lenihan moved to accept the minutes as amended. Mr. Ragan seconded and the motion passed unanimously. 

CONTINUED APPLICATION OF KELLER WILLIAMS PREFERRED REAL ESTATE 

Mr. John Van Luvanee represented Keller Williams. Mr. Van Luvanee explained that he had recently been retained by Keller Williams to represent them in the matter before the Board. He had just begun to review the papers in the matter and felt that before he pursued the  application for a Zoning Variance for a Multiple Tenant sign that he needed to address matters among the Landlord, Keller Williams and the other tenants of the property. 

Mr. Ragan pointed out that Keller Williams had been granted a temporary sign and that this temporary sign is larger than what is allowed by the Zoning Ordinance and had been up for more than a month. Mr. Ragan asked Mr. Harwood how long a term the temporary sign had been granted. 

Mr. Harwood said that he would have to look it up, as he was not sure. 

Mr. Van Luvanee reiterated that there were Landlord/Tenant issues to be resolved before he could make an application for the variance, and he would like a continuance on the matter. 

Mr. Lionetti moved to continue the Application of Keller Williams Preferred Real Estate to the February 7, 2002 meeting.  Mr. Leone seconded and the motion passed unanimously. 

APPLICATION OF BORIS KRYSS 

Mr. Lenihan read into the record the application of Boris Kryss for a variance from the Final Plan of Eagle Glenn to permit the construction of an in ground swimming pool and front porch/walkway, retaining wall, spa and gazebo resulting in an impervious surface ratio of the 25.2% instead of the maximum allowable 22.6%. This maximum of 22.6% is the result of the granting of a variance in October 2001 for an impervious surface ratio of 22.6% instead of the allowable 20%. The property is located at 35 Sibilius Road, Newtown, in the CM (Conservation Management) Zoning District, being further identified as Tax Map Parcels #29-20-26. 

Mr. And Mrs. Boris Kryss and Mr. Ronald Murray of Niagara Pools were sworn in. 

Mr. Lionetti asked if anyone wished to be a party to the application. There was no response. 

Mr. Murray explained that Mr. and Mrs. Kryss had already received a variance for this plan, however the architects' original design and the original application had failed to calculate the water surface of the pool as impervious surface. The plan is unchanged. The application now reflects the Township's requirement that the water surface of the pool be included in the impervious surface ratio. This is an increase of 2.6% over the previous calculation. 

Mr. Lionetti stated that the maximum allowable impervious surface for Eagle Glenn is 20%. Mr. Harwood confirmed this. 

Mr. Leone said that the plan was unchanged from the plan that had been granted a variance in October. 

Mr. Lenihan stated that he had re-inspected the site and that there is wooded, unoccupied land behind the property and that there was adequate swale for run off. 

Mr. Ragan asked how far into the woods the Kryss property extended. 

Mr. Murray stated that the Kryss property extended about 10 feet beyond the dry creek bed in the woods. 

Mr. Ragan asked if the original variance should be amended, or a new variance be granted. 

Mr. Auchinleck said that the Zoning Hearing Board should issue a variance for an impervious surface ratio of 25.2%. 

Mr. Lionetti moved that a variance be granted from the Final Plan of Eagle Glenn to permit the construction of an in ground swimming pool and  front porch/walkway, retaining wall, spa and gazebo resulting in an impervious surface ratio if 25.2% instead of the maximum allowable 22.6%. Mr. Lenihan seconded and the motion passed unanimously. 

APPLICATION OF LEONARD KANE 

Mr. Lenihan read into the record the application of Leonard Kane for a variance from Section 1000(E)(3)(b)(2) of the Joint Municipal Zoning Ordinance of 1983 to permit the construction of a patio on a corner property resulting in a 5 foot side yard setback instead of the minimum required 15 feet, a relief of 10 feet. The property is located at 1 Poppy Court, in the R-2 (high Density, Residential) Zoning District. 

Mr. Leonard Kane was sworn in. 

Mr. Lionetti noted that Mr. Kane was the only person left in the room, and that no one wished to be a party to the application.

Mr. Kane stated that he wished to put a patio in his back yard and that he would need a variance because his yard  is shallow and close to his neighbors' property line. He had spoken to his neighbors and they have no objections.

Mr. Lenihan stated that he had done a site inspection and that there are only about 25 feet between the rear of Mr. Kane's house and the side of his neighbor's house. The other properties surrounding Mr. Kane's have similar yards. Mr. Lenihan spoke to the neighbor and she had no objections.

Mr. Auchinleck said that because the house is a corner property, the rear of the property is considered a side yard by definition.

Mr. Ragan asked if the proposed patio still met the impervious surface requirement.

Mr. Kane stated that the patio would bring his property to 26% impervious surface and the maximum impervious surface for Newtown Grant is 30%.

Mr. Lenihan moved to grant a variance from section 1000(E)(b)(2) of the Joint Municipal Zoning Ordinance of 1983 for a side yard setback of 5 feet instead of the minimum of 15 feet. Mr. Carver seconded. 

Mr. Auchinleck reminded the Zoning Board that the variance should be granted for construction of a 12X26 foot patio resulting in a 5 foot side yard setback.

Mr. Lenihan amended his motion to reflect that the variance from section 1000(E)(b)(2) of the Joint Municipal Zoning Ordinance of 1983 to construct a 12X26 foot patio resulting in a 5 foot side yard setback instead of the minimum required 15 foot setback, or a relief of 10 feet. Mr. Ragan seconded and the motion passed unanimously.

Mr. Lionetti moved to adjourn at 8:20PM. Mr. Leone seconded and the motion passed unanimously.

 

Respectfully Submitted

 

_______________________________
Mary Donaldson, Recording Secretary