NEWTOWN TOWNSHIP

ZONING HEARING BOARD

MINUTES OF THE MEETING OF AUGUST 4, 2011

The Newtown Township Zoning Hearing Board met on Thursday, August 4, 2011 in the Newtown Township Building. In attendance and voting were: Karen Doorley, Chairman, William Wall and Timothy Potero, members. Also in attendance were: James J. Auchinleck, Jr., Esq., Solicitor and Richard O’Brien, Code Enforcement Officer and Justine Gregor, Stenographer.

Call to Order

Mrs. Doorley called the meeting to order at 7:30 PM. Approval of Minutes

Mr. Wall moved to accept the minutes of July 7, 2011. Mr. Potero seconded and the motion passed 3-0.

 

Continued Application of Bucksrocks, LLC, 2950 South Eagle Road

Mr. Auchinleck reminded the Board that this application had been on the July agenda and continued to this evening. He suggested that, as no representative of the applicant was in attendance and the Township had not heard from the applicant, the application should be denied.

Mr. Wall moved to deny the application of Bucksrocks LLC, 2950 South Eagle Road. Mr. Potero seconded and the motion passed 3-0.  

Application of Wen-Hamilton, LLC – 54-84 Durham Road

Mr. Wall read into the record the application of WEN-Hamilton, owner, requesting variances from sections 404 (B), 903(B)(1), (B)(4)(a)(1) and 905(I)(A)(2) the Joint Municipal Zoning Ordinance of 2007 to permit construction of a 87,243 square feet assisted living facility (C-12 nursing home use) with parking and storm water management facilities resulting in an impervious surface ratio of 44.7%, where 43.8% was already approved and where the maximum permitted is 35%, 86.4% steep slope (under 25%) disturbance where 79.44% is already approved and where 25% is permitted, and to permit disturbance of 100% of the floodplain soils. The subject property is 54-84 Durham Road, Newtown, in the R-1 Medium Density Residential Zoning District, being further known as Tax Map Parcel ## 29-6-6, 29-6-7, 29-6-8, 29-6-9, 29-6-10, 29-6-11, 29-6-12.

Mrs. Doorley asked if anyone wished to be party to this application. There was no response.

Attorney Ed Murphy represented the applicant.

Engineer Heath Dumack was sworn in.

Mr. Murphy explained that the applicant had been at the January 2011 Zoning Hearing Board and granted variances for impervious surface and steep slope disturbance for construction of an assisted living facility. During the land development review, it was discovered that the ultimate right of way line on Eagle Road had been located on the opposite side of the street during the development of Cliveden Estates, and not at the center line. This discovery caused a recalculation of impervious surface. The plans for the project have not changed, only the base site calculations. Mr. Murphy entered as Exhibit A-1, a plan showing the change in the ultimate right of way.

Mr. Dumack explained that this adjustment of the ultimate right of way is shown on the plan as a red line. The originally use ultimate right of way is marked by a blue line. After meeting with Township Engineer Michele Fountain, it was agreed that the ultimate right of way will still be 80 feet, but 57 feet will be on the WEN Hamilton side of the street and the amount must be removed from the net lot area calculation. The plan has not changed, but using the new numbers, the impervious surface percentage has changed by 0.9%.

Mr. Dumack explained that this change has also altered the percentage of steep slope disturbance, increasing it to 86.4% or a 7% increase, although the square footage of steep slope disturbance has been reduced from 3920 square feet to 1314 square feet.

Mr. Murphy entered as Exhibit A-2 a plan showing a small yellow triangle which indicates a disturbance of Bowmanville soil. The soil was not included in the original application. He also entered as Exhibit A-3, a letter from Nova Consultants, soil scientists, stating that this is not Bowmanville soil.

Mr. Dumack said that the Bowmanville soil had not been included in the original plan by mistake. The encroachment is 6900 square feet at the Eagle Road driveway entrance. The soil appears on State soil maps, but is not part of a floodplain and the consultant has confirmed that it is not floodplain soil.

Mr. Murphy said that the Township Ordinance does not provide for reclassification of the soil.

Mr. Dumack did not have a copy of the State soil map, but did show the area on the erosion and sediment control map. The soil study was prepared in 1977 by the State and redone in 2002, based on large aerial photographs.

Mr. O’Brien had no comment.

Mr. Wall moved to grant variances from sections 404 (B), 903(B)(1), (B)(4)(a)(1) and 905(I)(A)(2) the Joint Municipal Zoning Ordinance of 2007 to permit construction of a 87,243 square feet assisted living facility (C-12 nursing home use) with parking and storm water management facilities resulting in an impervious surface ratio of 44.7%, where 43.8% was already approved and where the maximum permitted is 35%, 86.4% steep slope (under 25%) disturbance where 79.44% is already approved and where 25% is permitted, and to permit disturbance of 100% of the floodplain soils. Mr. Potero seconded and the motion passed 3-0.

 

Application of Daniel Benster, 24 Cloverlee Drive

 

Mr. Wall read into the record the application of Daniel Benster, owner, requesting a special exception under section 1208(C)(2) of the Joint Municipal Zoning Ordinance of 2007 to permit construction of an 8 feet by 19 feet 2-story addition in the front yard and a 19 feet by 13 feet 2-story addition in the rear yard of an existing 2-story single family detached dwelling on a non-conforming lot. The subject property is 24 Cloverlee Lane, in the R-1 Medium Density Residential Zoning District, being known as tax parcel number 29-4-15.

Mrs. Doorley asked if anyone present wished to be party to the application. There was no response.

Daniel Benster was sworn in. Mr. Benster explained that he is planning an addition to his home. His is a non-conforming lot. He entered as Exhibit A-1 a photograph and a sketch design of his planned addition.

Mr. Auchinleck asked whether the addition meets with the setback requirements.

Mr. Benster said that the plan meets setbacks and impervious surface requirements. His lot is smaller than the ordinance now requires.

Mr. O’Brien had no comment.

Mr. Wall moved to grant a special exception under section 1208(C)(2) of the Joint Municipal Zoning Ordinance of 2007 to permit construction of an 8 feet by 19 feet 2-story addition in the front yard and a 19 feet by 13 feet 2-story addition in the rear yard of an existing 2-story single family detached dwelling on a non-conforming lot. Mr. Potero seconded and the motion passed 3-0.

Mr. Wall moved to adjourn at 8:30 PM. Mr. Potero seconded and the motion passed 3-0.


Respectfully Submitted:

 

Mary Donaldson, Recording Secretary