NEWTOWN TOWNSHIP

ZONING HEARING BOARD

MINUTES OF THE MEETING OF SEPTEMBER 5, 2013

The Newtown Township Zoning Hearing Board met on Thursday, September 5, 2013 at the Newtown Township Building. In attendance and voting were: Chairman Karen Doorley, Secretary Mario Lionetti and member Michael Iapalucci. Also in attendance were Solicitor James J. Auchinleck, Jr., Code Enforcement Officer Martin Vogt and Stenographer Justine Gregor.

Call to Order: Chairman Doorley called the meeting to order at 7:30 PM.

Approval of Minutes: Mr. Lionetti moved to accept the minutes of August 1,, 2013. Mr. Iapalucci seconded and the motion passed 3-0.

The Agenda was reviewed:

Application of Daniel Smolczynski, 135 Swamp Road

Application of Peter Briscoe and Joanne Benze, 28 Sibelius Road

Application of Kevin and Andrea Sweeney, 40 Maple Avenue

Changes to the Agenda: Mr. Auchinleck said that he had received correspondence from attorney Don Marshall asking that the application of Daniel Smolczynski be continued to the October meeting. He had received correspondence from Andrea Sweeney asking that their application also be continued, as they are unable to attend due to an emergency.

Application of Daniel Smolczynski

Mr. Lionetti read into the record the application of Daniel Smolczynski, equitable owner, requesting a variance from section 404(B) of the Joint Municipal Zoning Ordinance of 2007 to permit construction of a new single family dwelling on a 36,060 sq ft lot where a circular driveway was constructed resulting in an impervious surface ratio of 19.71% where the maximum permitted is 12%. The subject property is 135 Swamp Road, lot 3, Mastromarco subdivision, Newtown, in the R-1 Medium Density Residential Zoning District, being further known as Tax Map Parcel # 29-3-6-2.

Mr. Lionetti moved to continue this application to the October 3, 2013 meeting. Mr. Iapalucci seconded and the motion passed 3-0.

Application of Peter Briscoe and Joanne Benze

Mr. Lionetti read into the record the application of Peter Briscoe and Johanna Benze, owners, requesting variances from the Joint Municipal Zoning Ordinance of 2007 as affected by Eagle Glenn Final Plan to permit a 700 sq ft patio and walkway resulting in an impervious surface ratio of 22.56% where the maximum permitted is 20% , the subject property is 28 Sibelius Road, Eable Glen, Newtown, in the CM Conservation Management Zoning District, being further known as Tax Map Parcel # 29-20-5.

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

Peter Briscoe and Joanne Benze were sworn in.

Mr. Briscoe explained to the Board that when he came to the United States eleven years ago, he purchased a newly constructed house and on the advice of his neighbors contracted with a local landscaper to install a patio and walkway. It had been his understanding at the time that any permits necessary had been acquired by the contractor. His house is now for sale as he is being relocated, and it has been learned that no permits had been issued for the patio. His property backs to open space and a detention basin.

Mrs. Doorley noted that the patio has been in place for more than eleven years without any problems with run-off. No neighbors have come forward to object to the application.

Mr. Lionetti moved to grant a variance from the Joint Municipal Zoning Ordinance of 2007 as affected by Eagle Glenn Final Plan to permit a 700 sq. ft. patio and walkway resulting in an impervious surface ratio of 22.56% where the maximum permitted is 20%. Mr. Iapalucci seconded and the motion passed 3-0.

Application of Kevin and Andrea Sweeney

Mr. Lionetti read into the record the application of Kevin and Andrea Sweeney, owners, requesting variances from sections 404(B) of the Joint Municipal Zoning Ordinance of 2007 to permit 595 sq ft above ground swimming pool resulting in an impervious surface ratio of 8.9% where the maximum permitted is 8%, the subject property is 40 Maple Lane, Newtown, in the R-1 Medium Density Residential Zoning District, being further known as Tax Map Parcel # 29-4-3-1.

Mrs. Doorley if anyone wished to be party to this application. There was no response. She asked Mr. Auchinleck whether the Zoning Hearing Board could act on this application without the applicants’ being in attendance.

Mr. Auchinleck said that the Board should hear testimony in support of the application, however if the members are inclined to grant the application, they could do so.

Mrs. Doorley said that the increase in impervious surface increase is less than 1% for an above ground pool. There are letters of support from neighbors in the file. She would like to consider granting the variance rather than asking the applicants to return in a month, delaying their project.

Mr. Lionetti moved to grant a variance from sections 404(B) of the Joint Municipal Zoning Ordinance of 2007 to permit 595 sq. ft. above ground swimming pool resulting in an impervious surface ratio of 8.9% where the maximum permitted is 8%. Mr. Iapalucci seconded and the motion passed 3-0.

Mr. Lionetti moved to adjourn at 7:50 PM. Mr. Iapalucci seconded and the motion passed 3-0.


Respectfully Submitted:

 

Mary Donaldson, Recording Secretary