NEWTOWN TOWNSHIP

ZONING HEARING BOARD

MINUTES OF THE MEETING OF JULY 15, 2010

The Newtown Township Zoning Hearing Board met on Thursday, July 15 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 William Campbell, Stenographer.

Call to Order

Chairman Katz called the meeting to order at 7:30 PM.

The Pledge of Allegiance

The Agenda was reviewed:

  • Application of Marc J. And Karen M. Hansen, owners, by Brad Chorpenning, Hunter Pines Construction Co. LLC. , 670 Linton Hill Road
  • Remand Hearing by Court Order in the Application of OHB Homes, Inc. – Goodnoe Tract, Eagle Road South of Wrights Road

Application of Marc J. And Karen M. Hansen, owners, by Brad Chorpenning, Hunter Pines Construction Co. LLC.

Mr. Lionetti read into the record the application of Marc J. And Karen M. Hansen, owners, by Brad Chorpenning, Hunter Pines Construction Co. LLC., requesting a variance from section 401(C), 401(D)(1), 1000(C)(2)(a), 1000(C)(2)(c), 1208B, and 12090(A) of the Joint Municipal Zoning Ordinance of 2006 to permit demolition of an existing non-conforming 1-story dwelling with driveway access to Linton Hill Road and to permit rebuilding a 2-story dwelling on a nonconforming corner lot with driveway access on Springhouse Road resulting in 62 feet distance between buildings where 100 feet is required, a 7,846 square feet building envelope where 12,154 is required, to permit a construction on a non-conforming lot where the lot size is 65% of the minimum required lot size where 80% is required and where a 97 feet aggregate front and rear yard is created where 120 feet is required, to permit a structure to be greater in height than the existing non-conforming structure and closer to the front boundary lines that the existing structure, and to reconstruct a structure that was damaged by greater than 50% and a special exception under 12008(C)(2) to permit rebuilding a dwelling on a non-conforming lot. The subject property is 670 Linton Hill Road in the CM Conservation Management Zoning District, being further known as Tax map parcel #29-8-18.

Brad Chorpenning was sworn in. Mr. Chorpenning explained that this home was totally destroyed by fire a few months ago. Because the house is on a non-conforming lot, even to rebuild exactly would have required variances and a special exception. A new, two story home is planned, with a smaller foundation than the original rancher. The pool is to be removed.

Mr. Chorpenning explained that the orientation of the house and the placement of the driveway have been changed. Linton Hill Road is now a much busier street and backing out of the driveway is more difficult than when the house was built in 1968. The new driveway will be on Springhouse Road. This will also create a more usable rear yard. Trees will be planted along the Linton Hill frontage.

Mr. Wall asked if the new house is similar to the other homes in the neighborhood.

Mr. Chorpenning said that it will fit in with the other houses on Springhouse Road and will have the same setbacks. It will have less impervious surface and a smaller driveway and walkway. All of the landscaping will be replanted. There are a few other new two-story houses on Linton Hill Road as well.

Mr. Wind said that the hardship is that the home cannot be rebuilt because it is now a non-conforming lot.

Mr. Chorpenning said that the lot is smaller than is now required in the CM Zoning District. The project is using Pickering Corts and Summerson, the same engineers who worked on the original house forty years ago.

Mr. Katz asked if any surrounding neighbors have had comments.

Mr. Chorpenning said that the location is an eyesore and neighbors are eager to see the project begin. They are supportive of the proposed plans.

Mr. Auchinleck asked to review the footprint sizes.

Mr. Chorpenning said the original house had an 1800 square foot foundation, not including the two car garage. The new building will have a 1400 square foot footprint, including the garage. The pool and shed will be removed. A permit from the historical society was required for demolition.

Mr. Boyle said that the property was posted on July 8, 2010.

Mr. Lionetti moved to grant a variance from section 401(C), 401(D)(1), 1000(C)(2)(a), 1000(C)(2)(c), 1208B, and 12090(A) of the Joint Municipal Zoning Ordinance of 2006 to permit demolition of an existing non-conforming 1-story dwelling with driveway access to Linton Hill Road and to permit rebuilding a 2-story dwelling on a nonconforming corner lot with driveway access on Springhouse Road resulting in 62 feet distance between buildings where 100 feet is required, a 7,846 square feet building envelope where 12,154 is required, to permit a construction on a non-conforming lot where the lot size is 65% of the minimum required lot size where 80% is required and where a 97 feet aggregate front and rear yard is created where 120 feet is required, to permit a structure to be greater in height than the existing non-conforming structure and closer to the front boundary lines that the existing structure, and to reconstruct a structure that was damaged by greater than 50% and a special exception under 12008(C)(2) to permit rebuilding a dwelling on a non-conforming lot. Mr. Wall seconded and the motion passed 5-0.

Remand Hearing by Court Order in the Application of OHB Homes, Inc.

Mr. Lionetti read into the record the Remand Hearing by Court Order in the Application of OHB Homes, Inc., equitable owner; Karen J. Goodnoe, William and Karen Rambo, Nicholas and Virginia Kownurko, owners, requesting variances from Section 903(B)(a)(1)&401(B) and 903(B)(7) of the Joint Municipal Zoning Ordinance of 1983 to permit disturbance of 78% of steep slopes where 25% disturbance is allowed and disturbance of 14.9941 acres or 32.73%, of agricultural soils where 25% disturbance is permitted. The subject property is the Goodnoe Tract, Eagle Road south of Wrights Road, Newtown, in the C-M Conservation Management Zoning District, being further known as Tax Map Parcel #29-3-40-1, 29-3-40-2, 29-3-40-3 and 29-3-40-4.

Mr. Auchinleck said that he had received correspondence from the Township solicitor indicating that witnesses for this hearing are unavailable. He has asked to continue the application to the August 5, 2010 meeting.

Mr. Lionetti informed the Board that he will not be in attendance at the August meeting.

Mrs. Doorley moved to continue the remand hearing of the application of OHB Homes to August 5, 2010. Mr. Wind seconded and the motion passed 5-0.

Mr. Wall moved to adjourn at 8:15 PM. Mrs. Doorley seconded and the motion passed 5-0.

Respectfully Submitted:

 

Mary Donaldson, Recording Secretary