MINUTES OF ZONING HEARING BOARD MEETING

 

The zoning hearing board of Palmer Township met on Wednesday September 3, 2008, at 7:30 P.M. in the Palmer Memorial Library, One Weller Place, to hear the following appeals.  In attendance were Nicholas Noel III, Esq., zoning board solicitor, Charles Roseberry, board chairman, Cherie Kavanaugh, board member, and R. Margaret Kennedy, alternate substituting for board member Daniel Caravetta, John A. Embardino, zoning officer, and court reporter Ted Rewak.

 

Cherie Kavanaugh made a motion to accept the minutes of August 5, 2008 hearings.  The motion was seconded by R. Margaret Kennedy, with all in agreement.

 

08-24 7:30 p.m.  Robert Sivells, 153 N. Greenwood Avenue, located in a Medium Density Residential district, is seeking relief from sections 190-199c (1) (a) [1] and 190-168 D (1) (c), restricting the expansion of a nonconforming use and setbacks for driveways in order to connect his driveway to an abutting neighboring driveway.  This is a continuation of a hearing from August 5, 2008.

WITNESSES:  Mr. Sivells did not appear for this continuance.

ACTION: A motion was made by Charles Roseberry to deny the request for setback relief.  The motion was seconded by Cherie Kavanaugh, with all in agreement.  See minutes of hearing 08-25.

 

08-25 7:40 p.m.  Richard Bodine, 155 N. Greenwood Avenue, located in a Medium Density Residential district, is seeking relief from sections 190-199c (1) (a) [1] and 190-168 D (1) (c), restricting the expansion of a nonconforming use and setbacks for driveways in order to connect his driveway to an abutting neighboring driveway.  This is a continuation of a hearing from August 5, 2008

WITNESSES:  Richard Bodine.

ACTION:  This continuance was combined with hearing 08-24 as both applicants share the same request for relief to connect their driveways.  As the contractor did not appear and there was no further testimony or exhibits from the applicant, the hearing was closed and a motion was made by Charles Roseberry to deny the request for setback relief.  The motion was seconded by Cherie Kavanaugh, with all in agreement. 

 

08-29  7:50 p.m.  Miguel Montesdeoca, 2646 Nazareth Road, located in a Medium Density Residential zoning district, is seeking a special exception pursuant to section 190-38 C, to convert a single family home into a dwelling with an accessory apartment under the guidelines of section 190-211 E (4).

WITNESSES:  Miguel and Fanny Montesdeoca; Anna Nesci, 2652 Nazareth Road; Vida Donohue, 2640 Nazareth Road.

ACTION:  Cherie Kavanaugh made a motion to grant the special exception to convert the single family dwelling to a dwelling with an accessory apartment providing the applicants meet all building and fire safety codes and provide necessary parking facilities pursuant to zoning ordinances and that there can be no parking in the common driveway with 2652 Nazareth Road.  The motion was seconded by R. Margaret Kennedy, with all in agreement.

 

08-30  8:00  Palmer Township Fire Company, 950 S. 27th Street, is seeking relief from section 190-82 E, to exceed the minimum setback for a proposed addition situated in a General Commercial zoning district.

WITNESSES:  Richard Norton, Chairman of Board of Directors for Palmer Township Fire Company; Matthew E. Stalsitz, P.E. of Pennoni Associates, Bath, PA.

ACTION:  R. Margaret Kennedy made a motion to grant the setback relief for the proposed addition to be built as represented in exhibit A3.

 

08-31  8:10 p.m.  Kris and Amy Grube, 2 Lower Way Road, located in a Medium Density Residential zoning district, are seeking relief from section190-211 E (7) (c) [1], in order to maintain within a front yard, a vinyl fence in excess of height and structural restrictions.

WITNESSES:  Kristopher Grube.

ACTION:  Cherie Kavanaugh made a motion to deny the relief sought, but to grant certain relief to retain the fence height but requiring the removal of every other vertical slat in order to meet the required 1:1 open to solid ratio required by ordinance for fences in a front yard.  The motion was seconded by R. Margaret Kennedy, with all in agreement.

 

08-32  8:20 p.m.  Scott Helm, 3925 Freemansburg Avenue, situated in a Medium Density Residential zoning district, is seeking variances from section 190-211 E (19) (d), restricting swimming pools to be located in a side or rear yard, and sections 190- 194 B (4) (b) and 190-199 C (1) (a) [1] to construct a roof over an existing patio whereby the roof would project into a required side yard and expand a nonconformity.

WITNESSES:  Scott Helm; Rita Colver, 904 Sheridan Drive; Linda Cantrel, 3923 Freemansburg Avenue; Robert Smith, 2670 Northampton Street.

ACTION:  A first motion to deny the setback relief for the swimming pool and pump house was proposed by R. Margaret Kennedy and seconded by Cherie Kavanaugh, with all in agreement.  A second motion to grant setback relief and the expansion of a nonconformity in order to construct a roof over an existing patio was made by R. Margaret Kennedy and seconded by Cherie Kavanaugh, with all in agreement.

 

08-33  8:30 p.m.  Tracey DeMaria, 22 Lower Way Road, is seeking a special exception pursuant to section 190-38 B, to operate as a home occupation in a Medium Density Residential zoning district a part-time occupational therapy business for special needs children.

WITNESSES:  Tracey DeMaria

ACTION:  Cherie Kavanaugh made a motion to grant this special exception with the stipulation that clients are seen by appointment only and that no appointments should overlap, and to grant no signage as none was requested by the applicant.  The motion was seconded by R. Margaret Kennedy, with all in agreement.

 

08-34  8:40 p.m.  Easton Suburban Water Authority, located in a Light Industrial zoning district, at 3700 Hartley Avenue, is seeking a variance from section 190-168 C (3), restricting aisle length of parking facilities to 200 feet in order to provide the necessary parking for a proposed addition.

WITNESSES:  Thomas Walters, Esq. solicitor for Easton Suburban Water Authority; Ryan Christman of Keystone Engineering.

ACTION:  R. Margaret Kennedy made a motion to grant the relief of aisle length in excess of 200 feet.  The motion was seconded by Cherie Kavanaugh, with all in agreement.

 

08-35  8:50 p.m.  Easton Area School District, 1801 Bushkill Street, Easton, is seeking relief from section 190-168 F, requiring parking area lighting after dusk, and is also seeking relief from section 190-170 B, requiring loading and unloading facilities to be contained entirely on the lot being served.  The relief sought is for academy facilities located at 3035 Edgewood Avenue, situated in a Heavy Industrial zoning district.

WITNESSES:  Alan McFall, Esq.; Joseph Kish; Jim Mazeika, P.E. of Barry Isett and Associates; Henry Guarriello of D’Huy Engineering; Robert Pellen, 924 Greenhill Avenue.

ACTION:  Cherie Kavanaugh made a motion to grant relief to use existing lighting to light parking areas after dusk and also to grant use of a loading area containing no structures as depicted by the applicants.  The motion was seconded by R. Margaret Kennedy, with all in agreement.

 

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

 

John A. Embardino

Zoning Officer