NEWTOWN TOWNSHIP ZONING HEARING BOARD

MUNICIPAL BUILDING - 100 MUNICIPAL DRIVE

NEWTOWN, PA 18940

THURSDAY, DECEMBER 2, 2004

7:30 PM


Approval of Minutes: Mr. Lionetti moved to accept the minutes of December 2, 2004, December 6, 2004 and December 13, 2004. Mrs. Laughlin seconded and the motion passed unanimously. 


The Newtown Township Zoning Hearing Board met on Thursday, December 2, 2004 in the Newtown Township Building. In attendance and voting were: Mario Lionetti, Chairman; John Lenihan, Vice-Chairman; Gail Laughlin, Secretary; Victoria Bowe and William Wall, members. Also in attendance were: James J. Auchinleck, Jr., Esq., Solicitor; Thomas Harwood, Zoning Officer and Connie D’Arginio, Stenographer.

Call to Order

Mr. Lionetti called the meeting to Order at 7:35 PM.

The Pledge of Allegiance

The agenda was reviewed.

Application of Newtown Bucks County Joint Municipal Authority- Linton Hill Road

Application of David B. Fisher – 55-57 Cambridge Lane

Application of Orleans Homebuilders – Washington Crossing Road

Application of Harry Patel – Linton Hill Road

Application of Acme Supermarket – 48 West Road

Application of Shannon and Nancy Wilson – 861 Newtown Yardley Road

Continued Application of Brandywine Realty Trust – Silver Lake Road

Continued Application of W. David and Beverly Fleming – 258 Durham Road

Approval of Minutes

Mrs. Laughlin moved to accept the minutes of November 4, 2004. Mr. Wall seconded and the motion passed unanimously.

Application of David B. Fisher

Mrs. Laughlin read into the record the application of David B. Fisher (Slacks Hoagie House), Wynmere Hunt Assoc owner, requesting a variance from Section 603(A), and 803(E-14)(1) of the Joint Municipal Zoning Ordinance of 1983 to permit an E-6 eating place with take out to occupy a space within an E-14 Specialty Cultural Shopping Facility where such is not permitted. The subject property is 55-57 Cambridge Lane, Newtown, in the TC Town Commercial Zoning District.

Mr. Auchinleck informed the Board that due to the number and complexity of the applications on this evening’s agenda, he had re-scheduled some of the applications to special meetings. He has discussed this with this applicant and he has agreed to a continuance to the special meeting of December 13, 2004.

Mr. Lionetti moved to continue the application of David B. Fisher to a special meeting on Monday, December 13, 2004. Mr. Lenihan seconded and the motion passed unanimously.

Application of Acme Supermarket

Mrs. Laughlin read into the record the application of Acme Supermarket, Newtown/Bucks Assoc. owners requesting a variance from Sections 1106(H)(4)(a), 1106(H)((4(d)(2), 1106(H)(4)(c)(2)(a) of the Joint Municipal Zoning Ordinance of 1983 to permit a fourth wall mounted sign where only one is permitted, with the sign height of 22' 6" where the maximum height is 9 feet, and with a sign size of 38 square feet where the maximum is 18 square feet. The subject property is 48 West Road, Newtown, in the PC Planned Commercial Zoning District, being further known as Tax Map Parcel #29-3-24.

Mr. Auchinleck informed the Board that he had re-scheduled this application to the meeting of December 13, 2004. He has discussed this with the applicants and they have agreed to a continuance.

Mr. Lionetti moved to continue the application of Acme Supermarket to a special meeting on Monday, December 13, 2004. Mr. Lenihan seconded and the motion passed unanimously.

Application of Shannon and Nancy Wilson

Mrs. Laughlin read into the record the application of Shannon and Nancy Wilson requesting a variance from Section 404, 1001, 1002, 1003, 1106, and 803 of the Joint Municipal Zoning Ordinance of 1983 to permit E-3, E-1 and G-3 uses with 65% impervious surface ratio, 3.392 acre minimum lot size, 84.68' front yard, 40' side yard, 59.57' rear yard, 1705' parking aisle, 225' distance from driveway to street, loading berth 45' from residence district and property line, parking in front yard, no curbs, loading facility in rear yard, 12.5' by 25' loading berth, storage of company vehicles in loading berth, relief from screening and landscaping requirements, 24 square feet - 7 feet high free standing sign 600' from bypass, 66 parking spaces instead of 92, and as to lot 2 no open space, 17% impervious surface ratio, 10,000 square feet minimum lot size, 80 feet lot width, 27.04' front yard and 49.58' aggregate side yard. The subject property is 861 Newtown Yardley Road, Newtown, in the R1 Medium Density Residential and LI Light Industrial Zoning District, being further known as Tax Map Parcel #29-10-52-8 and a portion of # 29-10-40-2.

Mr. Auchinleck informed the Board that the applicants had agreed to re-schedule their application to a special meeting of the Zoning Hearing Board to be held on Monday, December 6, 2004.

Mr. Lionetti moved to continue the application of Shannon and Nancy Wilson to a special meeting on Monday, December 6, 2004. Mr. Lenihan seconded and the motion passed unanimously.

Continued Application of Brandywine Realty Trust

Mrs. Laughlin read into the record the continued application of Brandywine Realty Trust, Upper Silver Lake Associates, L.P. owners requesting a variance from Section 905(B)(5) and 905(IV)(B) of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a bridge and public road within the floodplain and a variance to allow a small amount of backwater to flow onto adjacent properties. The subject property is Silver Lake Road, Newtown, in the OR - Office Research Zoning District, being further known as Tax Map Parcel #29-10-76.

Mr. Auchinleck informed the Board that he had received a letter from Mr. Michael Coughlin, attorney for the applicant, requesting that this application be continued to January 6, 2005, as Mr. Coughlin would be away this evening.

Mr. Lionetti moved to continue the application of Brandywine Realty Trust to the meeting of January 6, 2005. Mr. Lenihan seconded and the motion passed unanimously.

Continued Application of W. David and Beverly Fleming

Mr. Auchinleck reminded the Board that they had already begun to hear testimony in this application, and had continued it until this evening, but Mr. Marshall, attorney for the applicant, requested that the application be continued to December 6, 2004, as he will be representing Shannon and Nancy Wilson in their application at that meeting.

Mr. Lionetti moved to continue the application of W. David and Beverly Fleming to a special meeting on Monday, December 6, 2004. Mr. Lenihan seconded and the motion passed unanimously.

Application of Newtown Bucks County Joint Municipal Authority

Mrs. Laughlin read into the record the application of Newtown Bucks County Joint Municipal Authority, Gannett Fleming, Inc., owners requesting a variance from Section 401(B) and 903(B)(1) and Special Exception under 401(A)(3)(e) and 905(IV)(B) of the Joint Municipal Zoning Ordinance of 1983 to permit wastewater pumping station and gravity sewer line on 5.29 acre lot where 10 acres is required and to permit crossing within the floodplain by a wastewater pumping station and gravity sewer line. The subject property is Linton Hill Road, Newtown, in the CM Conservation Management Zoning District, being further known as Tax Map Parcel #29-3-73-5.

Mr. Kenneth F. Finger of Gannett Fleming, Engineers and Planners, represented the applicant.

Mr. Lionetti asked if anyone present wished party status in this application.

Mr. Lionetti explained to those residents in attendance that if they wish to be a party to the application they would have the right to cross-examine the applicant and any of his witnesses, present evidence and witnesses, and make any statement concerning the application. Should they disagree with the decision of the Zoning Hearing Board, party status would give them the right to appeal the decision. Anyone present not wishing party status would be allowed to make statements for or against the application after the hearing and before a decision is rendered.

Mr. Ed Murphy, representing Mr. Harry Patel, asked for party status in support of the application.

Mr. Finger explained that the Newtown Bucks County Joint Municipal Authority had become aware of a number of malfunctioning septic systems and on-lot sewers in Mardot Village and the Winding Lane area. After conducting a series of surveys of the residents in the area, the Sewer Authority determined that about one half of the systems were mal-functioning and about one half of the residents in that area would like to tie into the public sewers. Gannett Fleming prepared an Act 537 Sewage Facilities Plan, which was then submitted to the Department of Environmental Protection (DEP) and Newtown Township. The Newtown Township Planning Commission recommended and the Board of Supervisors voted their approval of the plan.

Mr. Finger said that the Sewer Authority had been in discussion with Mr. Patel, the property owner on Linton Hill Road, and would like to place the pumping station on a corner of his property. They are requesting variances to place the pumping station on a 5.29-acre lot, and to cross the 100-year floodplain.

Mr. Finger said that the homes to be serviced by the pumping station are all downhill of the station. In addition to the homes in the Winding Lane area, the pumping station would also service some homes on Rte 532, including the church. He said that the Sewer Authority had also been in discussion with Orleans Builders about connecting the new development planned for the Yamamoto tract. He said that the gravity sewer lines would be placed in the right-of-way of the state highway, and will be six feet below when crossing the stream. The line would run parallel to the stream, but not within the streambed for about 400 feet. The gravity line would be approximately 9000 lineal feet, and would cross Linton Hill Road to connect with the force main that services Newtown Grant.

In response to Mr. Auchinleck’s questions, Mr. Finger said that the DEP had not yet approved the plan, however it has been his experience that DEP does not recommend any changes to plans. He said it is very unlikely that DEP would recommend changes to the design. At this time variances are sought to cross the stream but a final design is not yet complete.

Mr. Wall asked if all homes in the area are required to hook up to the sewer system.

Mr. Finger said that homes more than 150 feet from the sewer line are not required to hook up to it. He said that the homes at the corner of Rte 532 and Linton Hill Road are not part of this plan, but would be connected at some time in the future.

In response to Mr. Lionetti’s questions, Mr. Finger said that 54 homes would be connected to the sewer initially. At this time surveys have been conducted, however the right-of-way has not yet been acquired. He said that the Sewer Authority would begin construction in August 2005, and would complete the project in six to nine months. He said that the Sewer Authority has rights of eminent domain, and that there are some easements.

Mr. Murphy had no questions.

In response to Mrs. Laughlin’s questions, Mr. Auchinleck said that the Board is being asked to grant variances to cross the stream, and Mr. Finger re-iterated that the crossing would be as indicated on the application, as it is very doubtful that DEP would recommend a different location.

Mr. Lionetti questioned whether the request to place the pumping station on a 5.29 acre property is correct, as the Sewer Authority intends to only use a portion of the property. He asked whether this would be a lease arrangement with Mr. Patel, or a purchase of a sub-divided portion of the lot.

Mr. Murphy confirmed that the Sewer Authority would be purchasing 13,158 square feet of land, and that the entire Patel property is 5.29 acres.

The Board discussed whether it would be necessary to re-advertise the application for the smaller parcel. It was agreed that if that portion of the property were to be purchased for fee simple from Mr. Patel, the application would have to be amended and re-advertised.

Mr. Harwood was sworn in.

Mr. Harwood noted that the application submitted to the Codes Department had indicated a lease on 5.29 acres.

Mr. Lionetti expressed concern for granting such a large relief, as the Ordinance requires 10 acres for a pumping station.

Mr. Auchinleck suggested that Board members visit other pumping stations in Newtown to help envision what is being requested. He said that the stations at Eagle Glen and at Eagleton Farms are examples of pumping stations similar to the one proposed for this property.

Dr. William Milkvy was sworn in.

Dr. Milkvy said that he lives at 588 Linton Hill Road, next to the Patel property. He said that while he has no objections to the building of the pumping station and the introduction of the sewer system, he is very concerned about the amount of building in the floodplain and wetlands that is planned at both the pumping station and the Patel property.

Mr. Finger confirmed that the pumping station would be in the 100-year floodplain, but not in wetlands.

Mr. Lenihan moved to continue the application of Newtown Bucks County Joint Municipal Authority to January 6, 2005. Mrs. Bowe seconded and the motion passed unanimously.

Application of Harry Patel

Mrs. Laughlin read into the record the application of Harry Patel, owner requesting a variance from Sections 905(IV)(B), 902(B)(2)(B), 903(B)(1), and 903(B)(2) of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a single family residence with improvements including portions of the residence, sidewalk and sanitary sewer lateral located in the floodplain; disturbance of the floodplain, wetlands and floodplain soil, and a culvert in the floodplain. The subject property is Linton Hill Road south of Wrights Road, Newtown, in the CM Conservation Management Zoning District, being further known as Tax Map Parcel #29-3-73-5.

Mr. Ed Murphy represented the applicant.

Mr. Lionetti asked if anyone present wished to be a party to the application.

Dr. William Milkvy of 588 Linton Hill Road was sworn in as a party against the application.

Mr. Murphy explained that the property has been the subject of a prior application to the Zoning Hearing Board, and a special exception and variances had been granted on July 26, 2000. He said that at that time, the previous owner, Kathleen Lesser, had sought relief to build a home on the location now being proposed for the sanitary sewer line. Mr. Patel has been approached by the Sewer Authority to sub-divide his property for the proposed pumping station. He has agreed to this subdivision, however would now like relief to relocate the proposed home farther away from the pumping station. Mr. Patel has consulted Mr. Paul Wojciechowski of All County Engineers to revise the plan he had prepared for Mrs. Lesser, relocating the house farther back from Linton Hill Road and from the proposed pumping station.

Mr. Murphy submitted as Exhibit A-1 a comparison of the plan granted approval in 2000 and the new plan.

Mr. Paul Wojciechowski was sworn in.

Mr. Wojciechowski said that he is a land surveyor and planner and has been doing business as All County Engineers at 1082 General Sullivan Road, Washington Crossing, for 30 years. He had testified on behalf of Mrs. Lesser at the 2000 Zoning Hearing Board.

Mr. Murphy asked that the Board accept the findings of fact of the 2000 decision. He entered as Exhibit A-2 the deed to the property from Smith to Patel, dated November 3, 2003.

Mr. Wall asked if anything had changed since the 2000 decision.

Mr. Murphy reviewed the findings of fact from the 2000 decision. He noted that fact #2 describes the property, and should be amended to reflect the loss of 13, 158 square feet to the Sewer Authority. He noted that otherwise the property is the same, with no change in wetlands. Mr. Wojciechowski confirmed this. They both affirmed that facts numbered 3, 4, 5, 6 and 17 had not changed. The proposed revision of the plan would now place the home farther away from the floodplain as described in fact #7.

In reviewing the two plans as they appear on Exhibit A-1, Mr. Murphy pointed out that both plans use the same driveway location, however on the 2000 plan the house is located 200 feet from Linton Hill Road, and is now set on the rear of the property, 400 feet from the road. The 2000 plan would be 130 feet from the proposed pumping station; the new plan places it 284 feet away. The 2000 plan called for temporary utility crossing and the current plan calls for a permanent crossing. The plan now has utility lines in the floodplain.

Fact #18 refers to filling in of ditches, however the new plan does not involve any building at ditches, so they will not be filled. There is no absorption area on current plan because public sewer is to be made available.

Dr. Milkvy asked how long the connection to the public sewer would be, and whether an analysis of tree disturbances had been prepared.

Mr. Wojciechowski responded that the connection would be 180 feet, and would be in floodplain soils. He said that there is no relief sought for tree disturbances, nor were any sought in 2000.

In response to questions from Mr. Auchinleck, Mr. Wojciechowski said that the current plan shows 23,000 square feet of woodlands, 20,400 more than was shown on Exhibit A-4 of the 2000 application. With the current plan, the property will have 540 feet of floodplain disturbance, 507 square feet of wetland or Waters of the Commonwealth disturbance, and 13,800 square feet disturbance of floodplain soils.

Mr. Murphy said that the impervious surface coverage would be 5.1%, 1/3 of what is permitted. He noted that only 10 feet of the front of the house is located in floodplain soils, whereas the entire house on the 2000 plan would be in floodplain soils. He said that the new plan calls for the installation of a culvert, which had been temporary on the 2000 plan. There are no further changes from the 2000 plan.

Dr. Milkvy asked Mr. Wojciechowski if he had prepared both sets of plans, and if he had revisited the site since the first plans had been prepared.

Mr. Wojciechowski responded that he had primarily copied from the previous plans, however he had re-visited the site. He noted that it was difficult to walk on the property.

In response to Dr. Milkvy’s question, Mr. Wojciechowski said that the 2000 plan showed the stream to be 2 to 3 feet deep, but that it is now about 6 feet deep and 6 feet wide.

In response to Mr. Auchinleck’s questions, Mr. Wojciechowski said that the DEP and the Township engineers would review the plans for the culvert. He explained that the culvert is about 3 to 4 feet lower than the road and that the driveway elevation is 266 feet. He explained that in the event of very heavy rain, water flows away from the Milkvy property, to the culvert, and sheets across the property toward the main stream. The driveway would not act as a dam, but water would flow across it. Regarding facts numbered 4 and 5, Mr. Wojciechowski said that the Township had found the Floodplain Study to be satisfactory, but that no permits had ever been applied for. The soils have been identified by both his own study and by flood maps.

In response to Mrs. Laughlin’s question, Mr. Wojciechowski said that the drainage ditches would not be filled in, as previously planned, because there is to be no construction in that area in the new plan.

In response to Mr. Lionetti’s questions, Mr. Wojciechowski said that the plan called for disturbance of 23,000 square feet of woodlands and that most of the construction is now no longer in floodplain soils.

Dr. Milkvy said that the variances granted in 2000 had been approved by a vote of 3 to 2. He said that he was very concerned about flooding on his own property because of the construction of both the pumping station and this house. While he does not oppose the pumping station, which is necessary, he said that construction of the house is speculation. He noted that this particular property has been sold repeatedly in recent years. It has a problem with flooding. He said that the Zoning Hearing Board should be concerned about the future homeowners who purchase this proposed building, because there will be flooding problems. He said that the property should remain as open space, noting that the trees to be disturbed are up to 100 years old and 10 feet in girth. He said that he was speaking as a neighbor and a concerned citizen. He said that he did not think this should be considered a hardship, as the property was purchased on speculation.

Dr. Milkvy entered as Exhibits M-1 through M-10 a series of photographs of the property.

Mr. Auchinleck asked Mr. Wojciechowski about the flood elevations and a footbridge on the property.

Mr. Wojciechowski said that the 100-year flood elevation is 256 feet and that there is a footbridge near the Sewer Authority easement, which is in disrepair.

In response to questions from Mr. Murphy, Dr. Milkvy said that he is a retired dentist, not an engineer. He said that his statements have been made based on personal observation, not expert opinion. He agreed that on Exhibit A-1 the 2000 plan placed the proposed home 150 feet from his home, and the current plan doubled that distance. He agreed that his own home is higher than the Patel property and is unlikely to be flooded, although it is possible with increased building on the property.

Mr. Harwood had no comment.

Mr. Joseph Barbagallo of 3 Lakeview Drive was sworn in.

Mr. Barbagallo said that he had spoken against the 2000 application, and would like to oppose this application as well. He said that the stream on the Patel property flows adjacent to his own home, and he is very concerned with flooding. He said that the stream is dangerous, as it is very deep and flows very rapidly. He questioned whether the Township Engineers and Board of Supervisors had approved the flood study, and noted that the permits had expired on the property.

Mr. Lionetti explained that approval of the Board of Supervisors is not required and the Township engineers had approved the study. Although permits had expired, the variances and special exception are in force and a property owner has the right to build according to the plans submitted in 2000.

Mr. Wall moved to grant variances from Sections 905(IV)(B), 902(B)(2)(B), 903(B)(1), and 903(B)(2) of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a single family residence with improvements including portions of the residence, sidewalk and sanitary sewer lateral located in the floodplain; disturbance of the floodplain, wetlands and floodplain soil, and a culvert in the floodplain. Mr. Lionetti seconded.

Mrs. Laughlin asked if she must approve this request because a previous Board had granted approval. She said that she considered this a fragile property and that she must be concerned for property owners downstream from this property.

Mr. Lenihan said that he visited the site and did not consider it suitable for development.

Mr. Lionetti said that if the application is denied, the property owner could still build under the 2000 plan.

The motion failed 2-3, with Mr. Lenihan, Mrs. Laughlin and Mrs. Bowe voting nay.

Application of Orleans Homebuilders, Inc.

Mrs. Laughlin read into the record the application of Orleans Homebuilders Inc., requesting a variance from Section 404 (B), 902, and 903 of the Joint Municipal Zoning Ordinance of 1983 to permit 18 lot subdivision with 47% open space instead of 55% or 12.79 acres instead of 18.4, to allow disturbance of 4.1% of waters of Commonwealth, 29% disturbance of 15-25% steep slopes, 33% disturbance of 25% or greater steep slopes, 52% disturbance of Class II agricultural soils and 75% disturbance of Class III agricultural soils. The subject property is Washington Crossing Road, North of Linton Hill Road, Newtown, in the CM Conservation Management Zoning District, being further known as Tax Map Parcel #29-16-2-1, 29-16-4-2 and 29-16-5.

Mr. Ed Murphy represented the applicant.

Mr. Lionetti asked if anyone present wished to be party to this application.

Mr. Tom Ames of 61 Gaucks Lane was sworn in as party in support of the application.

Mr. Kevin Dougherty of Pickering Corts and Sommerson and Mr. William C. Briegel of Orleans Homebuilders, were sworn in.

Mr. Murphy explained that Orleans Homebuilders is planning to purchase three tax map parcels from three different owners, and combining them to build an 18 home sub-division in the CM Conservation Management Zoning District.

Mr. Murphy entered as Exhibit A-1 a 3-sheet plan for this development. He explained that this property had been through a number of sketch plans, and that the Planning Commission has recommended that the Board of Supervisors support this plan. Originally, Orleans had proposed a 23-home village development with the homes on smaller lots clustered nearer the front of the property. This would have been a “by right” plan. The Planning Commission had favored the current 18 home plan, with the homes on larger lots farther from the road, although some relief is required.

Mr. Wall asked if everyone on the planning Commission preferred this plan.

Mr. Murphy said that both the Planning Commission and the Board of Supervisors encouraged Orleans to proceed with the 18 home plan.

Mr. Dougherty said that he has been a civil engineer with Pickering Corts and Sommerson of 861 Newtown Yardley Road for 18 years. He prepared the plans that have been submitted as Exhibit A-1. He noted that the three parcels, when combined, form an oddly configured lot, with a narrow frontage at Washington Crossing Road of 260 feet. He said that the property slopes toward Washington Crossing Road from the rear. The surrounding properties are residential, except for a portion of the property that abuts the Stonehouse Bistro property. He pointed out that the property on the western side abuts the open space of Woods of Saxony development.

Mr. Briegel explained that the by right plan called for 23 homes on 6500 square foot lots clustered around an entrance near Washington Crossing Road. All open space would have been to the rear of the development. The Planning Commission and Board of Supervisors preferred a plan with larger lots, each about ½ acre, with buffering between neighboring homes and a greater distance from Stonehouse Bistro. This plan places a detention basin and open space along the property line shared with Stonehouse Bistro. All homes are to be buffered by open space, which at its narrowest point is 25 feet wide. There is to be no access to or walking trails through the open space. The plan proposes to hook up to the public sewer that is planned for Linton Hill Road. Originally, Orleans had planned to build its own pumping station, but instead will contribute to the Linton Hill station. They will extend the public sewers to the adjacent properties, including Stonehouse Bistro.

Mr. Dougherty reviewed the plans presented on Exhibit A-1. He noted that on page 2, waters of the United States are highlighted in Blue and those waters to be disturbed are highlighted in orange. He said that the plan as drawn is the only possible way to access Washington Crossing Road. The area of waters to be disturbed is 507 square feet, less than .0011% of one acre. The other area to be disturbed is for the grading of lot number 1. Areas of steep slopes are highlighted in yellow. He explained that the steepest driveways would be an 8% grade, which is the same grade as a handicapped ramp. The steepest slopes are in areas of manmade ditches in what had been agricultural fields. The steepest slopes, of 25%, are for pipes crossing to the detention basin. Mr. Dougherty explained that a 25% slope would be a 1-foot rise over 4 feet. He said that steep grades of 25% would cover .09 acres of the site. He then explained the color-coding of page 3 of Exhibit A-1, which outlines the agricultural soils to be disturbed.

Mr. Ames asked for clarification on the proposed purchase of three tax map parcels.

Mr. Murphy explained that three separate parcels are to be sub-divided, and Orleans proposes to purchase portions of the McDivitt and Worrell properties after sub-division.

Mrs. Bowe and Mr. Wall asked what use the builder proposes for the open space.

Mr. Briegel said that the plans were reviewed by the Park and Recreation Board, who had recommended that the Board of Supervisors accept a fee in lieu of open space. He said that the open space is not accessible from any roads, and the builders plan to leave it undeveloped. It is to be maintained by the development’s homeowners association.

In response to Mrs. Laughlin’s questions, Mr. Briegel said that the house on lot number 1 would be about 6 feet above street level, and would have a walkout basement.

In response to questions from the Board, Mr. Breigel said that the homes would be about 4000 to 4800 square feet with 30-foot setbacks. There would be adequate room in the building envelopes for purchasers to add decks to the houses. The by-right plan would have included 2800 square foot homes with 5-foot setbacks. He said that the slopes would not affect the flow of water, as the property slopes toward Washington Crossing Road.

Mr. Dougherty said that Orleans had met with the fire marshal about emergency access to the development, and had agreed on an access through private property on Gaucks Lane. This arrangement also provides emergency access through the development to homes on Gaucks Lane.

Mr. Harwood asked if any lots are non-conforming.

Mr. Murphy said that all lots conform and no further relief would be sought.

Mr. Brett Tanner was sworn in.

Mr. Tanner asked whether the builder planned to widen Washington Crossing Road.

Mr. Briegel said that a deceleration lane from Woods of Saxony would be extended to this development. They are also seeking waivers to build a roadside swale for stormwater management.

Mr. Lenihan moved to grant a variance from Section 404 (B), 902, and 903 of the Joint Municipal Zoning Ordinance of 1983 to permit 18 lot subdivision with 47% open space instead of 55% or 12.79 acres instead of 18.4, to allow disturbance of 4.1% of waters of Commonwealth, 29% disturbance of 15-25% steep slopes, 33% disturbance of 25% or greater steep slopes, 52% disturbance of Class II agricultural soils and 75% disturbance of Class III agricultural soils. Mrs. Bowe seconded and the motion passed unanimously.

Mr. Lenihan moved to adjourn at 11:05 PM. Mr. Lionetti seconded and the motion passed unanimously.

 

Respectfully submitted

 

_____________________________
Mary Donaldson, Recording Secretary