ZONING HEARING BOARD
MINUTES OF THE MEETING OF JUNE 3, 2010
The Newtown Township Zoning Hearing Board met on Thursday, June 3, 2010 in the Newtown Township Building. In attendance and voting were: Chairman David Katz, Vice Chairman Karen Doorley, Secretary Mario Lionetti, William Wall and Brandon Wind, members. Also in attendance were: James J. Auchinleck, Jr., Esq., Solicitor, John Boyle, Code Enforcement Officer and Justine Gregor, Stenographer.Call to Order
The meeting was called to order at 7:30 PM.The Pledge of Allegiance
The Agenda was reviewed:
Application of Earl and Lori Monk – 70 Jonquil Drive
Approval of Minutes
Mr. Lionetti pointed out two typographical errors on page 2.
Mr. Lionetti moved to accept the minutes of May 6, 2010 as corrected. Mrs. Doorley seconded and the motion passed 5-0.
Application of Earl and Lori Monk
Mr. Lionetti read into the record the application of Earl and Lori Monk, owners, requesting a variance from the Joint Municipal Zoning Ordinance of 1983 as modified by the Newtown Grant Final Plan (Court Ordered Stipulation Agreement) to permit construction of an approximately 12’ by 17’ paver patio and a 16’ by 16’ covered patio resulting in a 10’ rear yard set back where 25 feet is required and a 35.04% impervious surface ratio where 30% is the maximum permitted. The subject property is 70 Jonquil Road, Newtown, in the R-2 High Density Zoning District, being further known as Tax Map Parcel #29-19-231.
Mr. Katz noted that only the applicants were in attendance at the meeting.
Earl and Lori Monk were sworn in. Mrs. Monk explained that she would like to install a patio in the rear of her home. A portion of the patio will have a roof. She noted that her surrounding neighbors all have similar patios. She entered as Exhibit A-1 a letter signed by three neighbors expressing support for the project. She indicated that the Newtown Grant Homeowners Association had approved the plans subject to the Township’s granting a variance.
Mr. Lionetti asked what is located to the rear of the property.
Mr. Monk said that his yard has a slope up to Newtown Grant common ground; beyond the common ground is a large field then Stoopville Road. No homes are to the rear of his property.
Mr. Katz asked how water flows during rain storms.
Mr. Monk said that there are swales on either side of the house leading water to the street.
Mr. Boyle said that the property had been posted on May 26, 2010.
Mr. Wall moved to grant a variance from the Joint Municipal Zoning Ordinance of 1983 as modified by the Newtown Grant Final Plan (Court Ordered Stipulation Agreement) to permit construction of an approximately 12’ by 17’ paver patio and a 16’ by 16’ covered patio resulting in a 10’ rear yard set back where 25 feet is required and a 35.04% impervious surface ratio where 30% is the maximum permitted. Mrs. Doorley seconded and the motion passed 5-0.
In response to Mrs. Monk’s question, Mr. Auchinleck said that a written decision would be mailed to the Township the following day. Once received, a permit could be issued for work to begin.
Mr. Auchinleck explained to the Board that the judge who heard the Toll Brothers’ appeal of the Zoning Hearing Board’s decision in OHB Homes had questioned the Board’s decision to deny the variances when similar variances had already been granted to Toll Brothers for a previous application on the same property. The judge has remanded the application to the Zoning Hearing Board to develop a record addressing this question. Mr. Auchinleck reviewed the earlier case with the Board, as only Messrs. Wall and Katz had been on the Board at that time. He reviewed the MPC requirement to schedule hearings within 60 days. While he had expected the application to be on the July 1, 2010, some participants have indicated they will not be available. He asked that a special meeting be scheduled for July 15, 2010. The members agreed that they could attend a special meeting at that time.
Mr. Lionetti moved to adjourn at 8:15 PM. Mr. Wall seconded and the motion passed 5-0.
Mary Donaldson, Recording Secretary