MINUTES OF ZONING HEARING BOARD MEETING

 

The zoning hearing board of Palmer Township met on Tuesday, August 7, 2007, at 7:30 P.M. in the Palmer Memorial Library, One Weller Place, to hear the following appeals.  In attendance were Nicholas Noel III, zoning board solicitor, Charles Roseberry, board chairman, board members Cherie Kavanaugh and Daniel Caravetta, and Robert Gibbons and R. Margaret Kennedy, alternates, John A. Embardino, zoning officer, and court reporter Ted Rewak

 

A motion to approve the amended minutes of July 3, 2007 was made by Cherie Kavanaugh, seconded by Daniel Caravetta, with all in agreement.

 

07-32            7:30 p.m.  Robert and Vicki Gaetano, 697 Oakwood Street are seeking a special exception pursuant to section 190-210 C (15) to create a second living unit in an existing single family dwelling, and a variance from 190-210 C (15) (o) to expand the shell of the structure to accommodate the second use.  The premises are located in a High Density Residential zone.

WITNESSES:  Robert and Vicki Gaetano, John Reichenbach, 1818 Jennings St. Bethlehem, PA 18017, contractor.

ACTION:  Cherie Kavanaugh made a motion to approve the request for a special exception to convert a portion of the home to an apartment for the use of a relative and to grant relief to allow the shell of the home to be expanded for the construction of an additional kitchen conditioned upon the home being returned to single family use upon no further need for such an apartment.  The motion was seconded by Daniel Caravetta, with all in agreement.

07-33             7:40 p.m.  Raymond Herman Sr., 2557 Stephen Street, located in a Medium Density Residential zone is seeking a special exception per section 190-38 B for a home occupation as a lawn care business.

WITNESSES:  Raymond and Sandra Herman.

ACTION:  Daniel Caravetta made a motion to grant this special exception for a home occupation as a lawn care business with the condition that Mr. Herman meet all the requirements of a home occupation and that no vehicle with any signage advertising the business be parked at his residence or in the residential district, and since no other signage was requested, no signage was granted.  The motion was seconded by Cherie Kavanaugh, with all in agreement.  Per Nick Noel, this special exception is deemed denied if no proof of ownership of the premises is presented to the zoning officer within a week of the hearing.

07-34            7:50 p.m.  Jacob and Melissa Estephan, 507 Carter Street, located in a Medium Density Residential zone, are seeking a variance from 190-211 E (19) (e) to erect an above ground swimming pool with water bearing sides less than 10 feet from a rear property line.

WITNESSES:  Jacob and Melissa Estephan.

ACTION:  Cherie Kavanaugh made a motion to deny this request and the motion was seconded by Daniel Caravetta, with all in agreement.

07-35            8:00 p.m.  Interstate Development Services of Mount Laurel, NJ, representing Commerce Bank at 2417 Park Avenue, is seeking variances from 190-166 A for relief from the required number of parking spaces, and in the alternative, 190-168 C (3) setting aisle lengths at 200 feet, and a special exception pursuant to 190-166 B for conditional reduction in parking.

WITNESSES:  F. Peter Lehr, Esq.; Michael Jeitner, P.E., of Bohler Engineering; Beth Samuelson, General Manager Palmer Park Mall; John Harter, P.E. of Atlantic Traffic Engineers;  Richard Wagner, 75 Clairmont Avenue; Kevin Kelley, 36 Clairmont Avenue; Cheryl Buczek-Mueller, 52 Clairmont Avenue; Maria Angeles, 5 Eastview Terrace; Kristin Sanford Bernhardt, 24 Midland Drive.

ACTION:  Dan Caravetta made a motion to grant relief from 190-168 C (3) and to allow aisles in excess of 200 feet long as depicted in exhibit A-7, revision 1, condition that traffic control signs or devices be installed within the aisles and that the proposed changes to the parking lot be completed within 30 days upon final acceptance of the plan by the Palmer Township Board of Supervisors.  The motion was seconded by Cherie Kavanaugh, with all in agreement.

07-36            8:10 p.m.  Francis Guinther, Jr. and Dr. Lisa Caso-Guinter of Easton, PA are seeking a use variance pursuant to section 190-28, and relief from section 190-32 F, to use the premises at 3330 Nazareth Road as a Pediatrician practice as other than a home occupation.

WITNESSES:  Daniel Cohen, Esq.; Dr. Lisa Caso-Guinther

ACTION:  Cherie Kavanaugh made a motion to grant relief from 190-32 F and allow use of this site as a professional office with the condition that the applicant follow through with the procedures for conditional use approvals pursuant to the Route 248 Overlay District regulation in Article XXV.  The motion was seconded by Daniel Caravetta, with all in agreement.

07-37            8:20 p.m.  Palmer/William Penn, LLC of Morristown, NJ is seeking variances from parking requirements of Table 17.1, and section 190-168.1 (1).  They also seek relief from sections 190-194 D & D (1) (b) pertaining to required buffer yards; 190-168 G (3) & (4) requiring setbacks from a building for parking spaces; 190-82 C limiting impervious coverage; relief from screening pursuant to 190-168 I and checklist K 1; 190-168 A (5) to allow parking to be located in a required buffer zone; 190-168 H (3) requiring landscaped areas within paved areas, and 190-168 H (4) requiring trees.  These variances are sought in order to construct a 3,000 square foot addition at the Palmer Super Center, located on Nicholas Street in a General Commercial zoning district.

WITNESSES:  Joseph J. Plunkett, Esq.; Phillip Schneider, Vicepresident of Lamaar Company; William Erdman, P.E., Keystone Consulting Engineers; Michael Jeitner, P.E., Bohler Engineering; John Morello, 3720 Nicholas Street; Catherine Gray, 508 Stones Crossing Road.

ACTION:  Daniel Caravetta made the following motions:

(1)    To deny a variance from parking requirements of Table 17.1

(2)    To deny a variance from parking requirements of 190-167.I (1) pertaining to the number of handicap parking spaces.

(3)    To grant relief from 190-194 D and 190-194 D (1) (b) requiring a 10’ wide buffer yard.

(4)    To grant relief from 190-168 G (3) & (4) requiring parking setback 10 feet from a building and arterial or collector streets.

(5)    To grant relief from 190-82 C regulating landscaped area and impervious coverage.

(6)    To grant relief from the need for screening of the parking area from residential uses across Stones Crossing Road.

(7)    To grant relief from 190-168 A (5) regulating parking areas in a required buffer yard.

(8)    To grant relief from 190-168 H (3) requiring landscaping within the parking area of a parking lot.

(9)    To grant relief from 190-168 H (4) requiring certain types of trees in a parking area.

The motions were seconded by Cherie Kavanaugh, with all in agreement.

 

 

Having no further business to discuss, the hearing was adjourned.

 

John A. Embardino

 Zoning Officer