NEWTOWN TOWNSHIP ZONING HEARING BOARD
MUNICIPAL BUILDING - 100 MUNICIPAL DRIVE
NEWTOWN, PA 18940
THURSDAY, JULY 22, 2004
7:30 PM
Approval of Minutes: Mrs. Laughlin moved to approve the minutes of July 22, 2004. Mrs. Bowe seconded and the motion passed unanimously.
The Newtown Township
Zoning Hearing Board met on Thursday, July 22, 2004, in the Newtown Township
Municipal Building. In attendance and
voting were: Mario Lionetti, Chairman;
John Lenihan, Vice Chairman; Gail Laughlin, Secretary; and Victoria Bowe,
Member. Also in attendance was James J.
Auchinleck, Jr., Solicitor.
Call to Order: Mr. Lionetti called the meeting to order at
7:35 PM. He noted the passing of Member
Franklin Carver on 7/1/04.
Agenda: The agenda was reviewed and revised as
follows:
Mrs. Laughlin read
into the record the application of Anthony and Concetta Stefani requesting a
variance from Section 405(B) of the Joint Municipal Zoning Ordinance of 1983
(Newtown Grant Final Plan) to permit construction of a nine foot by eight foot
patio resulting in a 35.89% impervious surface ratio where the maximum
permitted is 30%. The subject property is
62 Jonquil Drive, Newtown, in the R-2 High Density Residential Zoning District,
being further known as Tax Map Parcel # 29-19-220.
Concetta Stefani was
sworn in. Mr. Lionetti asked if anyone
else wished to be a party to the application; there was no response.
Mrs. Stefani said
she had assumed that the builder had obtained a permit for the patio, which has
been installed. She has applied for a
permit since discovering that the builder did not obtain it.
Mr. Lenihan said he
has visited the property and found that the work done is accurately depicted on
the sketch accompanying the application, and the property backs onto open
space. He stated he has no problem with
the request for relief.
Mrs. Bowe asked if
the Homeowners Association has approved the project. Mrs. Stefani said the Homeowners Association will approve it when
she obtains the variance.
Mr. Lionetti said he
spoke with Mr. Harwood, who had no problems with the application. Mr. Lionetti asked if anyone present had any
further comments; there was no response.
Mr. Lenihan moved to grant a variance from
Section 405(B) of the Joint Municipal Zoning Ordinance of 1983 (Newtown Grant
Final Plan) to permit construction of a nine foot by eight foot patio resulting
in a 35.89% impervious surface ratio where the maximum permitted is 30%. The motion was seconded by Mrs. Bowe and
passed unanimously.
Mrs. Laughlin read
into the record the application of William and Michelle Winkler requesting a
variance from Section 405(B)&(C) of the Joint Municipal Zoning Ordinance of
1983 (Newtown Grant Final Plan) to permit construction of a 382 square foot
paver patio resulting in a rear yard setback of 10 feet on the right side and
11 feet on the left side where 30 feet is required by the ordinance and 25 feet
is required by the final plan, and a 33.69% impervious surface ratio where 30%
is the maximum permitted. The subject
property is 26 Amaryllis Lane, Newtown, in the R-2 High Density Residential
Zoning District, being further known as Tax Map Parcel # 29-48-8.
William and Michelle
Winkler were sworn in. Mr. Lionetti
asked if anyone else wished to be a party to this application; there was no
response.
Mrs. Winkler
submitted a letter from the Homeowners Association stating their approval of
the project subject to the applicant obtaining a variance. She said the builder did not think a permit
was necessary and proceeded to build the patio. She and her husband were notified by the Homeowners Association
of the need to obtain one after it was completed. Mrs. Winkler also stated there is a wooded open space area behind
their property. She submitted a
photograph of the patio.
Mr. Auchinleck
marked the photograph as Exhibit A-1 and the letter from the Homeowners
Association as Exhibit A-2.
Mrs. Bowe said she
visited the property and observed that there was a good deal of space around
the patio. She said she saw no problem
in granting the variance.
Mr. Lionetti asked
if anyone present had any comments; there was no response.
Mr. Lenihan moved to grant a variance from
Section 405(B)&(C) of the Joint Municipal Zoning Ordinance of 1983 (Newtown
Grant Final Plan) to permit construction of a 382 square foot paver patio
resulting in a rear yard setback of 10 feet on the right side and 11 feet on
the left side where 30 feet is required by the ordinance and 25 feet is
required by the final plan, and a 33.69% impervious surface ratio where 30% is
the maximum permitted. The motion was
seconded by Mrs. Bowe and passed unanimously.
Mrs. Laughlin read
into the record the application of the New Life Christian Church requesting a
variance from Section 1106(E)(4)(b) of the Joint Municipal Zoning Ordinance of
1983 to permit installation of a 52.13 square foot wall-mounted identification
sign on the front façade of the existing church. The subject property is 4 Freedom Lane, Newtown, in the TC Town
Commercial Zoning District, being further known as Tax Map Parcels # 29-10-18-1
and 29-10-18-2.
Hal Roberts was
sworn in. He was represented by
attorney Don Marshall. Mr. Lionetti
asked if anyone else wished to be a party to the application; there was no
response.
Mr. Marshall
submitted a photograph of the sign on the front of the church and a plot plan
of the property. Mr. Auchinleck marked
the photograph as Exhibit a-1 and the plot plan as Exhibit A-2.
Mr. Marshall said
the sign was installed in 2000. He said
the church faces State Street and is set a considerable distance back from it,
necessitating a sign much larger than the 16 square feet permitted by the
ordinance. He pointed out that if a
commercial use occupied this building the 52.13 square foot sign would be
acceptable. He also stated that the
actual lettering area is only 45.13 square feet.
Mr. Roberts affirmed
that Mr. Marshall’s statements were correct.
He said the church has about 400 members. The need for a sign permit was discovered when the building
inspector visited to inspect a drainage problem.
Mr. Lionetti asked
if anyone present had any comments; there was no response.
Mr. Lionetti moved to grant a variance from
Section 1106(E)(4)(b) of the Joint Municipal Zoning Ordinance of 1983 to permit
installation of a 52.13 square foot wall-mounted identification sign of the
front façade of the existing church. The motion was seconded by Mr. Lenihan and
passed unanimously.
Continued
Application of W. David and Beverly Fleming
Mr. Auchinleck said
he has received a letter from attorney Don Marshall requesting that the
application be continued to the 8/5/04 meeting, as a settlement has been
reached.
Mr. Lionetti moved to continue the Flemings’
application to 8/5/04. The motion was
seconded by Mrs. Laughlin and passed unanimously.
Approval of Minutes
Mrs. Laughlin moved to approve the minutes of the 6/24/04 meeting. The motion was seconded by Mrs. Bowe and passed unanimously.
Adjournment
Mr. Lionetti moved to adjourn the meeting at
8:00 PM. The motion was seconded by Mr.
Lenihan and passed unanimously.
Respectfully
submitted,
Gretta Stone
Recording Secretary