NEWTOWN TOWNSHIP

ZONING HEARING BOARD

MINUTES OF THE MEETING OF AUGUST 3, 2006

The Newtown Township Zoning Hearing Board met on Thursday, August 3, 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.

Call to Order

Mr. Wall called the meeting to Order at 7:30 PM.

The Pledge of Allegiance

Approval of Minutes

Mrs. Laughlin moved to approve the minutes of July 6, 2006. Mr. Katz seconded and the motion passed unanimously.

The agenda was reviewed.

  • Continued Application of Steven DiMeglio - 150 Wrights Road
  • Continued Application of Chetan and Reshma Patel – 140 Wrights Road
  • Continued Application of The Promenade at Sycamore– N. Sycamore St.
  • Application of Donald Chiachio – 15 Harmony Way
  • Application of Nicole and Doug Danese – 9 Delaney Drive
  • Application of Jay and Beth Pomeroy – 2 Manor Road
  • Application of James Weber – 526 Grant Street

Continued Application of Steven DiMeglio

Mr. Auchinleck informed the Board that this application, the Patel application, and the Promenade at Sycamore had been advertised for a special meeting on July 27, 2006, which had subsequently been canceled. These applications appear on the agenda in order to be continued to the September 7, 2006 meeting.

Mrs. Laughlin moved to continue the application of Steven DiMeglio to September 7, 2006. Mr. Lenihan seconded and the motion passed unanimously.

Continued Application of Chetan and Reshma Patel

Mrs. Laughlin moved to continue the application of Chetan and Reshma Patel to September 7, 2006. Mr. Lenihan seconded and the motion passed unanimously.

Continued Application of The Promenade at Sycamore

Mrs. Laughlin moved to continue the application of The Promenade at Sycamore to September 7, 2006. Mr. Lenihan seconded and the motion passed unanimously.

Application of Donald Chiachio

Mrs. Bowe read into the record the application of Donald Chiachio, Donald Chiachio owner requesting a variance from Section 401(C) of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a 4 feet by 11 feet extension to an existing deck resulting in a rear yard set back of 27.8 feet where 30 feet is required. The subject property is 15 Harmony Way, Newtown, in the CM Conservation Management Zoning District, being further known as Tax Map Parcel #29-23-178.

Donald Chiachio was sworn in.

Mr. Wall asked if anyone wished to be party to this application. There was no response.

Mr. Chiachio said that he would like to widen his deck by four feet in order to make better use of it. The porch on his home is too narrow to accommodate more than two people.

Mr. Katz said that he visited the site. The proposed extension of the deck would not impact on any surrounding neighbors.

Mr. Lenihan said that he visited the site. The existing porch is too narrow to be functional. He agreed with Mr. Katz that the extension would have no impact on neighbors. He noted that the house backs to open space.

Mr. Solomon had no comment.

Mr. Katz moved to grant a variance from Section 401(C) of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a 4 feet by 11 feet extension to an existing deck resulting in a rear yard set back of 27.8 feet where 30 feet is required. Mrs. Laughlin seconded and the motion passed unanimously.

Application of Nicole and Doug Danese

Mrs. Bowe read into the record the application of Nicole and Doug Danese, Nicole and Doug Danese owners requesting a variance from Section 401(C) of the Joint Municipal Zoning Ordinance of 1983 to permit a 25 feet by 33 feet patio and an 8 feet by 21 feet landing, and walk and walls resulting in a 12.5 feet (left side) and 20.2 feet (right side) rear yard setback where 30 feet is required. The subject property is 9 Delaney Drive, Newtown, in the CM Conservation Management Zoning District, being further known as Tax Map Parcel #29-48-50, Lot 5.

Doug Danese was sworn in.

Mr. Wall asked if anyone wished to be party to this application. There was no response.

Mr. Denese explained that he would like to build a patio, but a variance is necessary because his house is set back on the property. His house backs to open space. This patio would not encroach on his neighbors, and his Homeowners Association has approved it.

Mr. Lenihan said that he is sympathetic to residents of Linton Hill Chase.

Mr. Wall agreed with Mr. Lenihan, saying that Toll Brothers constructed this development leaving very little room for patios, decks or pools, without informing the buyers that variances would be needed for these enhancements.

Mr. Solomon had no comment.

Mr. Lenihan moved to grant a variance from Section 401(C) of the Joint Municipal Zoning Ordinance of 1983 to permit a 25 feet by 33 feet patio and an 8 feet by 21 feet landing, and walk and walls resulting in a 12.5 feet (left side) and 20.2 feet (right side) rear yard setback where 30 feet is required. Mrs. Laughlin seconded and the motion passed unanimously.

Application of Jay and Beth Pomeroy

Mrs. Bowe read into the record the application of Jay and Beth Pomeroy, Jay and Beth Pomeroy owners requesting a variance from Sections 803(H-8)(1)(b) and 803(H-3)(1)(a)(e) of the Joint Municipal Zoning Ordinance of 1983 to permit an 836 square feet inground swimming pool with 800 square feet of decking and a 4.5 feet high ornamental fence where part of the pool is located in the front yard, the coping is located 4.1 feet from the side yard where a 10 feet set back is required and where the maximum height for a fence is 3 feet. The subject property is 2 Manor Road, Newtown, in the R1 Medium Density Residential Zoning District, being further known as Tax Map Parcel #29-43-573.

Jay Pomeroy was sworn in.

Mr. Wall asked if anyone present wished to be party to this application. There was no response.

Mr. Pomeroy said that he would like to put a pool in his yard. While his property is large enough for a pool, it is a corner property with two front yards. His house backs onto Stoopville Road, with a large area of open space between his property line and the road. He is seeking a height variance for the fence for safety. His plans call for landscaping that will shield the pool from the road. His neighbors are in support of the project, and he has approval of his homeowners association.

Mr. Pomeroy entered as exhibit A-1 a petition of support signed by six surrounding neighbors, and as Exhibit A-2 a letter of approval from the Eagleton Farms Homeowners Association.

In response to Mr. Auchinleck’s question, Mr. Pomeroy said that the open space between his property and Stoopville Road is about 100 yards wide. In response to Mr. Katz’s question, he said that the proposed landscaping would be an extension of the existing berm.

Mr. Lenihan said that he visited the site. If the proposed landscaping is installed, it should provide adequate cover and the pool would not be visible from the street or surrounding homes.

Mr. Solomon had no comment.

Mr. Lenihan moved to grant a variance from Sections 803(H-8)(1)(b) and 803(H-3)(1)(a)(e) of the Joint Municipal Zoning Ordinance of 1983 to permit an 836 square feet inground swimming pool with 800 square feet of decking and a 4.5 feet high ornamental fence where part of the pool is located in the front yard, the coping is located 4.1 feet from the side yard where a 10 feet set back is required and where the maximum height for a fence is 3 feet. Mr. Katz seconded and the motion passed unanimously.

Application of James Weber

Mrs. Bowe read into the record the application of James Weber, James Weber owners requesting a variance from Section 405(B) Taylor Heights of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a 12 feet by 3 feet entry addition to the front of the existing residence resulting in an impervious surface ratio of 14.24% where 13% is the maximum permitted. The subject property is 526 Grant Street, Newtown, in the R-2 High Density Residential Zoning District, being further known as Tax Map Parcel #29-14-31.

James Weber was sworn in.

Mr. Wall asked if anyone wished to be party to this application. There was no response.

Mr. Weber said that he wants to modify the entry of his home. The impervious surface ratio is already at 14%. He is asking to increase the impervious surface an additional 15 square feet.

Mr. Lenihan said that he visited the site. He noted that the increase is de minimus, and Mr. Weber’s description is accurate.

Mr. Solomon had no comment.

Mrs. Bowe moved to grant a variance from Section 405(B) Taylor Heights of the Joint Municipal Zoning Ordinance of 1983 to permit construction of a 12 feet by 3 feet entry addition to the front of the existing residence resulting in an impervious surface ratio of 14.24% where 13% is the maximum permitted. Mr. Lenihan seconded and the motion passed unanimously.

Mr. Katz moved to adjourn at 8:30 PM. Mr. Lenihan seconded and the motion passed unanimously.

 

Respectfully Submitted:

 

Mary Donaldson, Recording Secretary