NEWTOWN TOWNSHIP

ZONING HEARING BOARD

MINUTES OF THE MEETING OF NOVEMBER 4, 2010

The Newtown Township Zoning Hearing Board met on Thursday, November 4, 2010 in the Newtown Township Building. In attendance and voting were: David Katz, Chairman; Karen Doorley, Vice-Chairman, Mario Lionetti, Secretary, and Brandon Wind, member. Also in attendance were: James J. Auchinleck, Jr., Esq., Solicitor and John Boyle, Code Enforcement Officer and Justine Gregor, Stenographer.

Call to Order

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

The Pledge of Allegiance

Approval of Minutes

Mr. Lionetti moved to approve the minutes of September 2, 2010. Mrs. Doorley seconded and the motion passed 4-0.

The Agenda was reviewed:

Application of Kevin DeFinis, 395 Eagle Road

Application of John Perry Bugnar, 25 Amy Circle

Application of Kevin DeFinis

Mr. Lionetti read into the record the application of Kevin DeFinis owner, requesting a variance from section 401(C) of the Joint Municipal Zoning Ordinance of 2007 to permit construction of a 14 feet 10 inch by 23 feet 8 inch screened porch resulting in a side yard set back of 48 feet 2 inch side yard where 50 feet is required; and a Special Exception under section 1208(C)(2) to permit construction on a non-conforming lot. The subject property is 395 Eagle Road, in the CM conservation Management Zoning District, being known as tax parcel number 29-3-56.

Kevin DeFinis was sworn in.

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

Mr. DeFinis explained that home is on a non-conforming lot. He would like to convert an existing concrete slab into a screened in porch with a 48 foot, 2 inch setback, instead of the required 50 foot setback. He had put an addition on his house fifteen years ago and had all of the required permits; the site was inspected by Code Enforcement Officer Thomas Harwood. He had not been told about the need for a special exception at that time.

Mrs. Doorley asked about an application in 2000, which had been denied.

Mr. DeFinis said that he had wanted to put an addition on his barn for his home occupation as an antiques dealer, but the application was denied. He noted that his next door neighbor had been granted a similar variance for a dental office with twenty parking spaces.

Mr. Auchinleck explained that because this is a non-conforming lot a special exception will be required. The existing slab might have a different setback requirement.

Mr. Lionetti moved to grant a variance from section 401(C) of the Joint Municipal Zoning Ordinance of 2007 to permit construction of a 14 feet 10 inch by 23 feet 8 inch screened porch resulting in a side yard set back of 48 feet 2 inch side yard where 50 feet is required; and a Special Exception under section 1208(C)(2) to permit construction on a non-conforming lot. Mrs. Doorley seconded and the motion passed 4-0.

Application of John Perry Bugnar

Mr. Lionetti read into the record the application of John Perry Bugnar, owner, by JMH Outdoor Services, requesting a variance from the Joint Municipal Zoning Ordinance of 2007 as affected by the Eagle Glenn Final Plan to permit construction of a 510 square feet in-ground swimming pool and spa with a 110 square feet rear walkway, 261 square feet of decking and 108 square feet of coping resulting in an impervious surface ratio of 23.78% where the maximum permitted is 20%. The subject property is 25 Amy Circle, Newtown Meadows, Newtown, in the CM Conservation Management Zoning District, being further known as Tax Map Parcel #29-19-70.

Mark Hayworth of JMH Outdoor Services was sworn in.

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

Mr. Hayworth said that Mr. Bugnar wants to add a pool, coping and decking increasing the impervious surface to 23.78%.

Mrs. Doorley said that this appears to be a large pool area. She asked if the project could be reduced to come closer to complying with the Ordinance.

Mr. Hayworth said that the plan is not drawn to scale and the pool is 20 feet by 30 feet. He will use rain barrels to help capture some of the additional run off. The pool will capture some run off and each rain barrel will capture 30 cubic feet. He reviewed the locations of the roof down spouts, noting that they direct water underground to French drains. The rain barrels might overflow in extremely heavy rain. They have ½ inch hoses to help direct water.

Mr. Katz said that he visited the site and observed that all of the downspouts empty onto the ground. He suggested that some kind of dry wells or perk pits be used to address stormwater management.

Mr. Hayworth said that this could be done.

Mr. Lionetti said that the increase to the impervious did not seem significant and he was reluctant to add to the expense of the project by requiring a stormwater management system.

Mr. Auchinleck said that if the Board is inclined to require some kind of mitigation for stormwater management, it should be made clear in the Board’s decision, as the Township’s Codes Officer will be visiting the site to inspect. He asked what is to the rear of the property.

Mr. Hayworth said that there are woods and then the Newtown Grant development homes. He entered the following letters of support from the adjoining neighbors:

Exhibit A-1 – letter from resident of 8 Pansy Court (Newtown Grant)

Exhibit A-2 – letter from resident of 27 Amy Circle

Exhibit A-3 – letter from resident of 23 Amy Circle.

Mr. Katz asked if the homeowners association has approved the plan.

Mr. Hayworth said that the homeowners association approval is not required for a pool.

Mr. Katz moved to grant a variance from the Joint Municipal Zoning Ordinance of 2007 as affected by the Eagle Glenn Final Plan to permit construction of a 510 square feet in-ground swimming pool and spa with a 110 square feet rear walkway, 261 square feet of decking and 108 square feet of coping resulting in an impervious surface ratio of 23.78% where the maximum permitted is 20%, subject to the condition that the applicant design and install a stormwater management system to be approved by the Township engineer, to contain the excess run off above the 20% impervious surface. Mr. Wind seconded and the motion passed 3-1, with Mr. Lionetti voting nay.

Mr. Wind moved to adjourn at 8:15 PM. Mrs. Doorley seconded and the motion passed 4-0.

Respectfully Submitted:

 

Mary Donaldson, Recording Secretary