Newtown Township Zoning Hearing Board

Newtown’s Zoning Hearing Board meeting was filled with residents last night and could be characterized, I think, by saying that the residents in Newtown Heights and other supporting residents were fighting again for their neighborhood and quality of life.  They were impassioned, well-prepared and in my view, undoubtedly made the case for the Zoning Hearing Board’s denial of Moser’s application for variances for three properties.  It was unfortunate, I think, that only two members were available to listen to testimony.  It seemed to me that this hearing should have been postponed until a full Board was available to hear the issues. It was also unfortunate, I think, that the Township chose not to fight on behalf of the residents. 

Apparently, T.R.Moser, Inc. has an agreement to purchase 3 lots in the Newtown Heights neighborhood but only if they are granted the variances.  Here’s where it gets curious.  It seems that the owners of the lots are involved in litigation with the Township but have said that if Moser purchases the lots, the litigation will cease.

Where were the Supervisors on this issue?  I did not see any of the Supervisors at this meeting and no public discussion of this request had taken place at the Supervisors’ previous meeting.  So, did Township Manager Trio make the decision on behalf of the Township all by himself?

As was convincingly, in my view, pointed out by those residents that became party to the proceedings, Moser is not obligated to purchase these properties.  So, any hardship, if it exists, would be created by Moser.  As was also convincingly, in my view, proved by residents, these variances would absolutely alter the essential character of the neighborhood and would be detrimental to the public welfare. Finally, I believe that the residents also proved last night that the variances requested were not the minimum variance that would afford relief.  They were not variance requests, it seems to me, that would be a representation of the least modification possible of regulation and use.  They were, it seemed to me, very large homes on small lots that would alter the character of the neighborhood. 

Last night, the hearing was closed even though three members of the Newtown Zoning Hearing Board were not in attendance.  Mr. Moser, another member, recused himself given his relationship to the applicant.    The Zoning Hearing Board indicated that the other members of the Board would be asked to make a decision on these variances after reading the transcript from last night’s hearing.  Each of these other members, Mr. Barnes, Mr. Mancini or Mr. Milligan can ask to have the hearing reopened.  Contact them and ask that the hearing be reopened.  Making such an important decision should not, in my view, come as a result of reading a transcript.  I believe that those other members should have an opportunity to directly ask questions of Moser.  They should, I believe, have an opportunity to hear from the residents. Only then, in my view, will the members of the Zoning Hearing Board have what they need to be fully informed before making this important decision.