MINUTES OF ZONING HEARING BOARD MEETING

The zoning hearing board of Palmer Township met on Wednesday, November 4, 2009, at 7:30 P.M. in the Palmer Memorial Library, One Weller Place, to hear the following appeals. In attendance Maura Zajac McGuire, Esq., zoning board solicitor, Charles Roseberry, board chairman, Cherie Kavanaugh board member, Peg Kennedy alternate board member substituting for Dan Caravetta board member, James Raudenbush, zoning officer, and court reporter Ted Rewak.

Cherie Kavanaugh made a motion to accept the minutes of the October 6, 2009, zoning hearings. The motion was seconded by Peg Kennedy, with all in agreement.

09-30 7:30 p.m. 4055 William Penn Highway, John Trupiano, President of A.B.E. Glass is seeking a special exception from section 190-199F(2) to change from one non-conforming use to another in order to operate a glass business. This property is located in a General Commercial Zoning District.

Witnesses: John Trupiano, President of A.B.E. Glass, Don Frerickson, Applicants Engineer, Eric Miller, Property Owner

Action: Cherie Kavanaugh made a motion to grant a special exception in order to change from one non-conforming use to another with the following conditions. A.B.E. Glasses hours would be limited to the hours listed on the site plan submitted at the time of the hearing, and that the building be inspected for minimum code compliance. The motion was seconded by Peg Kennedy, with all in agreement.

09-31 7:40 p.m. 2576 Liberty St., Robert Piperato, is seeking a variance from section 190-42D in order to have building coverage in excess of the 25% maximum allowed on a lot. Relief is also being sought from section 190-168D(c) in order to have a driveway that is closer than 5’ to the side property line, and section 190-168D(4) to have two driveways on one lot along one street that are closer than fifty feet. This property is located in a Medium Density Residential Zoning District.

Witnesses: Robert Piperato, Property Owner, William Sandt, 2572 Liberty St.

Action: Peg Kennedy made a motion to grant a variance to allow building coverage in excess of 25% on the lot. It was felt that the request was deminimis in nature with the calculations not being exact. Peg Kennedy then motioned to permit the brick parking area to the East of the residence with the conditions that the area never be replaced with any solid surface material and that the parking area be returned to grass if the house is ever sold. Cherie Kavanaugh seconded the motion, with all in agreement.

09-32 7:50 p.m. 13 Brentwood Ave., Noah and Melissa Woodruff and Wendy Meyers, are seeking relief from section 190-211(7)(c)[1] to install a 5’ picket style fence in the required front yard. The ordinance limits the height of picket fences in the required front yard for this district to 4’. The applicant is also seeking relief from section 190-211(15)(a)[1] to install an 8x14 shed in the required front yard of their property. This property is located in a Low Density Residential Zoning District.

Witnesses: Terry DeGroot, P.E., Terraform Engineering, Melissa and Noah Woodruff, 13 Brentwood, Wendy Meyers, 13 Brentwood

Action: Cherie Kavanaugh made a motion to deny the request in whole for a shed and a fence in the required front yard of the property. The motion was seconded by Peg Kennedy, with all in agreement.

09-33 8:00 p.m. Corner of Northwood Ave. and Nazareth Rd. Parcels L8-4-1 and L8-4-2. 25^th St CVS, Inc, 621 Delaware St, P.O. Box 428, New Castle, DE 19720 are seeking variances for signage associated with a CVS pharmacy. The proposed freestanding pylon sign requires relief from section 190-180B to have an electronic message board, section190-183A to have a sign that is 24 feet high(10 feet is the Maximum), and section 190-184A(3)(b) to have one freestanding sign with an area of 92.73 square feet( two freestanding signs are allowed with a 60 square foot maximum). The applicant is also requesting relief from section190-179D or in the alternative section 190-184A(3)(b)[3] to have four directional signs located on site. The proposed wall signs that would be facing a public street require relief from section 190-184A(3)(a), 100.43 square feet of wall signage is being proposed along Northwood Ave., and 102.93 square feet of signage is being proposed along Nazareth Rd., with the ordinance allowing for 60 square feet total. The applicant is seeking a determination whether the wall signs that are not facing a public street are exempt under section 190-179D and is requesting a variance to allow these signs to exceed the 4 square foot maximum. The applicant is also seeking an interpretation or in the alternative a variance from section 190-176F to have a business sign facing or within close proximity to a residential district. This property is located in a General Commercial Zoning District.

Action: A continuance was requested by the applicant’s attorney Erich J. Schock. Mr. Schock provided a letter that was read into the record waiving the 60 day time period under the Municipalities Planning Code to hold a hearing.

Having no further business to discuss, the hearing was adjourned at 9:10p.m.

James F. Raudenbush

Zoning Officer