NEWTOWN TOWNSHIP ZONING HEARING BOARD
MUNICIPAL BUILDING - 100 MUNICIPAL DRIVE
NEWTOWN, PA 18940
MINUTES OF THE MEETING OF THURSDAY, JULY 6, 2006
The Newtown Township Zoning Hearing Board met on Thursday, July 6, 2006 in the Newtown Township Building. In attendance and voting were: William Wall, Chairman; Gail Laughlin, Vice Chairman; Victoria Bowe, Secretary; David Katz and John Lenihan, members. Also in attendance were: James J. Auchinleck, Jr., Esq., Solicitor; Michael Solomon, Zoning Officer and Jackie Robbins, Stenographer.
Mr. Wall called the meeting to Order at 7:30 PM.
The agenda was reviewed.
Continued Application of John V. George - 6 Harding
Court
Application of Chetan and Reshma Patel – 140 Wrights
Road
Application of Tai Nguyen – 2 Devon Road
Application of Allen Brader – 8 Ainsley Court
Application of Mark Scher – 17 Delaney Drive
Application of The Promenade at Sycamore Street – N.
Sycamore St.
Application of Delancey Court (McGrath Homes) – Durham
Road
Application of Daniel Doorley – 1071 Lindenhurst Road
Mr. Auchinleck informed the Board that this applicant has requested a continuance to a special meeting on July 27, 2006. At that time, the applicant has indicated he may request further continuance until the regular meeting on September 7, 2006.
Mr. Wall moved to continue the application of Steven
DiMeglio to July 27, 2006. Mr. Lenihan seconded and the motion passed
unanimously.
Application
of Chetan and Reshma Patel
Mrs.
Bowe read into the record the application
of Chetan Patel and Reshma Patel, Chetan Patel and Reshma Patel owners appealing
from the enforcement notice dated April 12, 2006 requiring maintenance of
switch grass on the subject property.
The subject property is 140 Wrights Road, Newtown, in the CM
Conservation Management Zoning District, being further known as Tax Map Parcel
#29-19-1-1.
Mr. Auchinleck informed the Board that this applicant has requested a continuance to a special meeting on July 27, 2006. At that time, the applicant has indicated he may request further continuance until the regular meeting on September 7, 2006.
Mr. Katz moved to continue the application of Chetan
and Reshma Patel to July 27, 2006. Mr. Lenihan seconded and the motion passed
unanimously.
Application
of The Promenade at Sycamore Street
Mrs. Bowe read into the record the
application of The Promenade at Sycamore, LP, The Promenade at Sycamore, LP
owners requesting variances from Sections 603A, 603B(1), 803(B-11)(2),
803(D-1)(5), 803(E-1)(4), 803(E-5)(4), 903B(4)(1), 903B(4)(2),
903B(5)(b),1000E, 1001B(3), 1001F(4), 1003B(3), and 1006F(6)(b) of the Joint
Municipal Zoning Ordinance of 1983 to permit construction of 2 buildings with
mixed use including: retail, restaurant, office and residential with variances
to allow mid-rise apartment use, 90% impervious surface coverage, 55' building
height, 7' front yard, 1' side yard, 4.5' rear yard, 305.83 building length,
275 parking spaces instead of 455, no protection of protected resource land,
reduced parking stall size, off-street parking within 4.49 feet of rear
property line, and no buffer or screening of parking area . The subject property is North Sycamore
Street (ACME), Newtown, in the TC Town Commercial Zoning District, being
further known as Tax Map Parcel #29-10-7.
Mr. Auchinleck informed the Board that this applicant has requested a continuance to a special meeting on July 27, 2006.
Mr. Lenihan moved to continue the application of The
Promenade at Sycamore Street to July 27, 2006. Mr. Katz seconded and the motion
passed unanimously.
Application of Tai Nguyen
Mrs. Bowe read into the record the
application of Tai Nguyen, Tai Nguyen owner, requesting a variance from Section
803(H-8)(1)(b) of the Joint Municipal Zoning Ordinance of 1983 to permit
construction of a pond and appurtenances resulting in a side yard set back of 5
feet where 10 feet is required. The
subject property is 2 Devon Road, Newtown, in the R1 Medium Density Residential
Zoning District, being further known as Tax Map Parcel #29-29-243.
Tai Nguyen was sworn in.
Mr. Wall asked if anyone present
wished to be party to this application. There was no response.
Mr. Nguyen said that he would like a
variance for a pond in his yard. His house backs to open space, and the pond
will not be an inconvenience to his neighbors. He entered as Exhibits A-1, A-2
and A-3, a series of photographs of his rear yard.
In response to questions from Mr.
Katz, Mr. Nguyen said that the pond has already been installed. He built it
himself. He was unaware that a variance was needed. He did obtain variances for
his addition and deck. He has heard no objections from any of his neighbors who
have come to his home and enjoyed the deck and pond. His neighbors had offered
to come to this hearing in support of his application, but he did not think it
was necessary.
Mr. Katz asked whether the notice
sign posted on his property had been moved.
Mr. Nguyen said that he and his
family had been on vacation and only just returned home. There had been storms
during the week, and possibly the sign had been blown away during a storm.
In response to Mr. Lenihan’s questions,
Mr. Nguyen said that he has lived in his home for about eleven years. He does
not need an approval from his homeowners association for the pond.
Mr. Solomon had no comment.
Continued
Application of John V. George
Mr.
Auchinleck reminded the Board that this application had been read into the
record at the June 1, 2006 meeting.
Mr. Wall asked if anyone present
wished to be party to this application. There was no response.
John V. George was sworn in.
Mr. George explained that he would like to build a sunroom on his home, measuring 17 feet by 17 feet, 15 feet in height. He needs a variance for the rear yard setback.
Mr. Lenihan said that he has visited this site. Mr. George’s home is at the end of a cul-de-sac. The backyard slopes considerably. His sunroom would not be visible to his neighbors.
In response to Mrs. Bowe’s question, Mr. George said that he does not require approval from his homeowners association.
Mr. Solomon had no comment.
Mr.
Lenihan moved to grant a variance from Section 404(C) of the Joint Municipal
Zoning Ordinance of 1983 to permit a 17 ft. by 17 ft. sun room resulting in a
14.9 ft. rear yard set back where 30 ft. is required. Mr. Katz seconded and the
motion passed unanimously.
Application
of Allen Brader
Mrs. Bowe read into the record the
application of Alan Brader, Alan Brader, owner, requesting a variance from
Section 401C of the Joint Municipal Zoning Ordinance of 1983 to permit
construction of a 16 feet by 25 feet open wooden deck resulting in a rear yard
set back of 15.08 feet where 30 feet is required. The subject property is 8 Ainsley Court, Newtown, in the CM
Conservation Management Zoning District, being further known as Tax Map Parcel
#29-20-55 Lot 26.
Mr. Wall asked if anyone present
wished to be party to this application. There was no response.
Alan Brader was sworn in.
Mr. Brader said that he would like to
put a deck on the rear of his home, but would need a variance for the setback.
Mr. Lenihan said that he has visited the
site. He noted that the rear of the property slopes toward an area of common
ground for the development. He asked Mr. Brader if he had known at the time of
purchase that there would not be sufficient space for a deck or patio.
Mr. Brader said that he had asked Toll Brothers to build a deck onto the house during construction but his request had been turned down. He knew that there was a 30 foot setback requirement, but had thought the setback would be for the addition of a room, not for an open deck. He does not intend to enclose the deck, or the area below the deck, which would be about five feet above the ground. His neighbors have not objected to his plans; many have also had to seek variances for decks and patios. He will need approval of his homeowners association, but he has not yet sought the approval.
Mr. Solomon had no comment.
Mrs.
Bowe moved to grant a variance from Section 401C of the Joint Municipal Zoning
Ordinance of 1983 to permit construction of a 16 feet by 25 feet open wooden
deck resulting in a rear yard set back of 15.08 feet where 30 feet is
required. Mr. Lenihan seconded and the
motion passed unanimously.
Application
of Mark Scher
Mrs. Bowe read into the record the application of
Mark Scher, Mark Scher owner, requesting a variance from Section 401C of the
Joint Municipal Zoning Ordinance of 1983 to permit construction of a 20 feet by
20 feet open wooden deck resulting in as rear yard set back of 18.73 feet where
30 feet is required. The subject
property is 17 Delaney Drive, Newtown, in the CM Conservation Management Zoning
District, being further known as Tax Map Parcel #29-20-38 lot 9.
Mr. Wall asked if anyone present
wished to be party to this application. There was no response.
Mark Scher was sworn in.
Mr.
Scher said that his home is in the same development as Mr. Brader. He also
would like to add a deck to the rear of his home. He noted that the
advertisement reads “20 feet by 20 feet”,
but the planned deck is 29 feet wide, and appears that way on the plans he had
submitted.
Mr. Auchinleck said that the setback request is
the same, so the typographical error does not matter.
Mr. Scher said that he did not ask Toll Brothers about the setback requirements.
In response to questions from Mr. Katz and Mr. Auchinleck, Mr. Scher said that his home backs to an open space area of about 60 feet, and beyond which is a berm. He does not know if there are any plans for the land beyond the berm. The dotted line on the plan he submitted probably represents a swale at the rear of his property. He has the approval of his homeowners association.
Mr. Solomon had no comment.
Mrs. Laughlin moved to grant a variance from
Section 401C of the Joint Municipal Zoning Ordinance of 1983 to permit
construction of a 29 feet by 20 feet open wooden deck resulting in as rear yard
set back of 18.73 feet where 30 feet is required. Mrs.
Bowe seconded and the motion passed unanimously.
Mrs. Bowe read into the record the application of Daniel Doorley,
Daniel Doorley owner, requesting variances from Sections 501B(2) and 1001B(3)
of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a new
1,385 sq. ft. research facility accessory to an existing office with a 78.95'
front yard instead of 150 ft., 84.79' side yard instead of 120' and 35.44' rear
yard instead of 150' and parking stalls 9' by 19' instead of 10' by 20' and a
Special Exception under section 1208C(2) to permit construction of a building
on a non conforming lot. The subject
property is 1071 Lindenhurst Road, Newtown, in the OR Office Research Zoning
District, being further known as Tax Map Parcel #29-10-80.
Mr. Wall asked if anyone present
wished to be party to this application. There was no response.
Karen Doorley, Daniel Doorley and
Heath Dumack were sworn in.
Mr. Doorley explained that he needs
additional lab and research space for his business, and wishes to demolish an
existing barn and detached garage and construct a 1385 square foot building. He
said that he requires more headroom, and he needs a more secure facility. He
entered as Exhibit A-1, a board with a series of photographs of the existing
facilities.
In response to Mr. Katz’ questions,
Mr. Doorley said that he designs equipment and instrumentation for homeland
security and medical uses. There is no retail component to the business on the
site.
In response to Mrs. Bowe’s questions,
Mr. Doorley said that the buildings to be demolished were built in the 1960’s.
Although portions of the property are in a floodplain, there has not been any
flooding.
Mr. Solomon had no comment.
Mr. Wall moved to grant variances from Sections 501B(2) and 1001B(3) of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a new 1,385 sq. ft. research facility accessory to an existing office with a 78.95' front yard instead of 150 ft., 84.79' side yard instead of 120' and 35.44' rear yard instead of 150' and parking stalls 9' by 19' instead of 10' by 20' and a Special Exception under section 1208(C)(2) to permit construction of a building on a non conforming lot. Mrs. Laughlin seconded and the motion passed unanimously.
Mrs. Bowe read into the record the
application of McGrath Homes, John J. McGrath Jr. and Patrick V. Flanagan
owners requesting a variance from Section 405.4(C), 902B(2)(b), 903B(5)(b),
903B(2), 1000E(3)(b)(2), and 1001(B)(3) of the Joint Municipal Zoning Ordinance
of 1983 to permit construction of 120 age qualified houses with variances from
the front side and rear yards, woodland disturbance of 62.1% where 50% is the
maximum allowed, with a wetland crossing, and parking stall width of 9' where
10' is required. The subject property
is 398 Durham Road, Newtown, in the R-2 High Density Residential Zoning
District, being further known as Tax Map Parcel #29-3-34, 33-1,35, 36-2, and
portion of 36.
Mr. Wall asked if anyone present
wished to be party to this application. There was no response.
Attorney Thomas Hecker represented
the applicant. He said that John J. McGrath, Jr. and Patrick V. Flanagan were
in attendance, and might be called as witnesses.
Mary Ellen Saylor, engineer with
Pickering Corts and Summerson, was sworn in.
Mr. Hecker reviewed the history of
McGrath Homes’ involvement with the property, noting that the land had been
zoned PS-2. McGrath had submitted a land development plan for an office complex
on a portion of the property. Another developer had submitted plans for an
office complex on adjoining lots. The plans had been given some zoning relief
and final plan approval. During the land development phase, the developers
began to conduct market studies of the viability of 200,000 square feet of
office space at this location. McGrath then developed a sketch plan for
age-qualified housing on the lots, which they brought to the Board of
Supervisors and discussed with the homeowners associations of Newtown Grant.
Newtown Grant residents overwhelmingly preferred the age-qualified housing to
the office concept. McGrath has purchased the parcels owned by Durham Road
Associates, and, joining all parcels, have presented a request for zoning
change to R-2, which permits age-qualified housing by conditional use. They
have also been granted preliminary plan approval and conditional use approval
for the plan. Conditional Use approval for 120 age-qualified townhomes is
conditioned on the zoning relief sought in this application.
Ms. Saylor reviewed the lot lines for
the Durham Road Associates property, Newtown Office and Pearson tracts, and a
portion of the veterinarian’s property, which are to be consolidated. The
remaining portion of the veterinarian’s parcel is to remain zoned PS-2.
Ms. Saylor reviewed the environmental issues on the
property, including Newtown Creek, woodlands, wetlands and ponds. The total
property is 39.8 acres, which would allow for 154 units. In order to reduce
woodland disturbance, and to accommodate environmentally sensitive areas, the
plan presented has only 120 units. The plan calls for a road crossing of the
wetlands at the narrowest point, and sanitary sewer crossings are planned in
the least disruptive manner.
The community will be gated, with private roads. A
community center with pool, tennis courts and meeting rooms is planned. The
entrance will be aligned with Municipal Drive. An additional emergency access
is also planned. There are two spring fed ponds on the property, and two
stormwater basins are planned. The wetlands also act as filter areas.
Ms. Saylor said that the builders met with
representatives of the Joint Historic Commission earlier this evening to
discuss preservation of the historic portion of a house located on the
property. The historic building will be preserved and moved to the front of the
development, to be connected to the community center. She said the house would
be placed between units 27 and 28, or sold as a residence.
Ms. Saylor reviewed the lot lines for the units. Each
unit is sold for fee simple, with surrounding land to be owned and maintained
by the community association. In response to Mr. Wall’s questions, Ms. Saylor
said that after all improvements have been completed, the developer will remain
on the board of the community association until the Township is satisfied and
the land is dedicated to the association.
Mr. Hecker said that McGrath has conducted market research
and believes there is a good market for this product. A list of potential
buyers has been compiled; McGrath’s other communities in Bucks have sold out
quickly. In the event that this development fails to sell out, the State has
required that funds be held in escrow, and McGrath is obligated to build and
maintain amenities until the community association is self-sustaining.
Ms. Saylor said that McGrath is seeking a 62%
disturbance of woodlands where only 50% disturbance is permitted. This
disturbance is mitigated by the substantial landscaping and planting that is
planned. In response to Mr. Lenihan’s question, Ms. Saylor said that the plan
for office development would have caused 57% disturbance of woodland. A
variance had been granted for that disturbance. The total area of woodlands in
the development is 23.89 acres.
Ms. Saylor reviewed the crossing of wetlands for roads
and utilities, noting that a culvert currently crosses Rte 413 and discharges
into a ditch on the property. With planned improvements the culvert will be
extended to direct water back toward the wetlands. Some grading will be
necessary to cover the pipes. The plan attempts to minimize disturbance.
Permits from PADEP are required for this work. The Army Corps of Engineers has
agreed with DelVal Soils, and a general permit has been applied for. In order
to qualify for this permit there must be disturbance of less that ¼ acre, and
they have complied with this requirement. A variance for crossing for the
sanitary sewer has already been granted. In response to questions from Mr.
Katz, Ms. Saylor said that the State allows applications to be made to the
County. An adequacy letter has already been received from the Bucks County
Conservation District. In response to Mrs. Bowe’s questions, Ms. Saylor said
that she will be following up on her applications for permits next week, but
she does not know how long before permits will be issued.
Ms. Saylor explained that they are requesting a variance
from the setback requirements because the lawns and open space are to be
maintained by the community association. The Ordinance requires 15-foot
setbacks. The plans allow for patios or decks of 200 to 250 square feet. The
impervious surface allotment would permit up to 70 homes to have patios. There
are no additions to homes permitted. Each home would have five to ten feet on
the side, 5 feet at the front and ten to fifteen feet at the rear to allow for
some personal gardening and landscaping.
John J. McGrath, Jr. was sworn in.
Mr. McGrath said that the largest units are 3,000 square
feet. Some will have basements; all will have two-car garages. The pricing will
be in the $600,000 range. There are some models that have master bedroom suites
on the second floor, and these have optional elevators. In response to Mrs.
Bowe’s questions, Mr. McGrath said that the minimum side distance between
buildings is 30 feet and using units 107 and 117 as examples, said that the
distance between buildings at the rear is about 50 feet. There is not enough
room for end units to have side decks.
Ms. Saylor said that the Ordinance requires parking
stalls to be 10 X 20 feet in parking lots, but is not clear on residential
parking. They are requesting 18 foot driveways, which would allow two cars to
be parked in each driveway, and would allow enough green area for the sanitary
sewer lines. It also makes a prettier appearance than wider driveways with very
small strips of lawn between them.
Mr. Hecker showed an artist’s rendering of the front
elevation of the building. In response to Mrs. Bowe’s questions, he said that
each building would be slightly different, depending on the model of home
chosen. There would be some repetition of design.
In response to Mrs. Bowe’s questions, Ms. Saylor said
that the internal streets will be 26 feet wide. Parking would be permitted on
one side of the street, only. Using a computer generated image, Ms. Saylor
showed the width needed for a fire engine to safely drive through a street with
cars parked on one side. She said that the fire marshal has reviewed and
approved this plan.
In response to Mr. Katz’s questions, Mr. Hecker said
that, although the streets are privately owned, the police can be invited in to
patrol and enforce parking and speed limits. He said that there have not been
any problems in other McGrath developments, where residents self-police traffic
and parking matters.
Mr. Solomon had no comment.
Mr. Katz moved to grant a variance from Section 405.4(C), 902B(2)(b), 903B(5)(b), 903B(2), 1000E(3)(b)(2), and 1001(B)(3) of the Joint Municipal Zoning Ordinance of 1983 to permit construction of 120 age qualified houses with variances from the front side and rear yards, woodland disturbance of 62.1% where 50% is the maximum allowed, with a wetland crossing, and parking stall width of 9' where 10' is required. Mr. Lenihan seconded and the motion passed unanimously.
Mr. Lenihan moved to adjourn at 9:45 PM. Mr. Katz
seconded and the motion passed unanimously.
Respectfully Submitted:
Mary Donaldson
Recording Secretary