Down from 8 Houses
to 7 - but still far too many.
Blatant violations of PA Code
The Commissioners are not allowed to grant waivers without a
hardship. The hardship cannot be created by the applicant,
because, for instance, he wants more houses than properly fit on
the space in order to make a bigger profit. Yet, that is
exactly what seems to be happening here. And
the hardships can't, by law, be detrimental to the public
interest. Making emergency vehicles navigate a smaller
turning radius than they are used to, and than has been
determined to be a proper radius no matter the size of the
vehicle, is certainly not going to improve the chances of their
safe arrival at the scene. Again - this waiver was given purely
for the interest of profit . The profit motive is another legal
no no. Most of the waivers would not have been needed if
they had planned just 5 or 6 houses. But to get the higher
profit, it seems that ignoring the law was OK with our
Commissioners, who for years have been giving special
dispensation to this particular property owner.
After
years of trying to ignore the cows,
pigs, chickens, firewood activites, mulch, noise, debris, bamboo, etc.,
neighbors did not want the Township to ignore required hardships
for waivers, or ignore proper stormwater
management, as they proposed such things as seepage tanks under streets
that they wanted to dedicate
to YOUR (very expensive)care, as well as ignore steep
slope requirements reduced fire & emergency access so
they could squeeze in more homes, and more parking area
. Everything about this was wrong . And while SOME of these
things were ultimately not allowed - some that shouldn't have
bee, were.
Some
of the neighbors had already had
a bull (literally) on their doorstep, as the codes here were
ignored over the years for this "special resident" but .....they've had enough
of the bull now.
.
The Planning Commission
also should have known that there were no real "hardships" here that
complied with law. They ultimately recommended
that they remove only ONE house - leaving them with 7. But
they still needed waivers for important safety items like
the smaller turning radius for emergency vehicles, etc. And as
for their approval: they were strictly due to the need for
more profit - and the desire to fit one more house onto this
land to make more $$ for the landowner.
They needed a
hardship that was NOT created by the landowner himself. These clearly
were.
In addition, throughout the process the owner Victor Yanessa has been used
interchangeably with his brother- including where important
signatures for compliance are missing. One document was required to be
signed within 7 days but has Paul's name under the empty line -
not Victor's. If Paul Yanessa truly IS an equitable owner, a document
to that effect should have been provided.
So - as usual - lots of funny business.
This
property is directly across from McKinley Elementary
School.
If you scroll down to find the image with all
the lots numbered, it is lot #1.
SHENANIGANS AS USUAL May
5, 2024 PennDot
has returned the Right to Know Documents requested by a
resident. They seem to have ignored the turning radius problem
at the entrance Plus there is a really concerning diagram
showing the smaller turning radius in their submissions to
PennDot. To grant a waiver for the turning radius there was a
requirement that they show, in sketches that the turn would
suffice for emergency vehicles. But only a car and a single
panel truck are shown. NO FIRE TRUCK IS SHOWN..... begging
the question "What the heck is going on here!!!!??????"
How dangerous would that be. This needs an answer .
I believe that it impacts the safety of all to make
a
turning radius more narrow so that emergency vehicles, at a
stressful time in
an emergency, with a driver expecting a standard turn, might be
surprized at this new tight turning radius. Add to that, that the location is directly opposite
and elementary school, where very young children are likely to
be walking. This approval would be
highly irresponsible. Especially in that it is unnecessary, and the
applicant can build with a normal turning radious. The
unsafe condition is being created for his profit.
Further,
it appears that the
proposal is in violation of the laws & codes regarding
waiver or variance approval period. That turning radius would be no
problem whatsoever if the owner had proposed fewer houses. The
problem was created by the owner when he decided to have more
houses than would fit and still allow for the code to be
followed. It is
REQUIRED that the hardship for a waiver approval NOT be made or
caused by the owner, among other things I list here:
So the condition requiring a
waiver is
1) 100 % created by the applicant, which is
not allowed
2) unnecessary in order to use the property to
build homes - no peculiarity of the land prevents them from
building
3) strictly for profit
4)
100% not the minimum relief that would allow him to build
5)
could be detrimental to public safety and welfare
6) and no
hardship was provided in writing stating in full the grounds and
facts of unreasonableness of the ordinance
All of
the above are violations of the laws regarding modifications /
waivers.
So this, of course, appears to me not to be a
properly granted "waiver"
.
Also, the applicant has
been listed as Victor Yanessa, then Paul Yanessa, then Victor, then Paul We
are told Paul has equitable interest, but see no document to
that effect. A 2-3-23 document where Victor is listed
as the applicant, has a place for Paul's signature. But Paul did
not sign in the required 7 days. Or perhaps Penn Dot
was not given that signed document....
In the first week of May 2024 it appears that they have already
demolished the house. When exactly was the Land Development?
For some reason this property
owner has been getting special treatment for as long as he has
been at this site. All of us wonder why....
BOC MEETING -
Aug 10, 2023 Sewage Module approved
PLANNING COMMISSION
7-25-23 It went back to the
Planning Commission to approve the Sewage Facilities
Planning Module. On page 27 in number 10 & 11 they defer to the
addendum as to whether the proposal meets the zoning
requirements of the ordinance- because it does not. And
the waivers, were, I believe, improperly granted. But I
cannot find that addendum in the documents.
https://d3n9y02raazwpg.cloudfront.net/abingtonpa/cc1b20e0-9802-11ed-96ab-0050569183fa-ca2b9c28-b9cf-4f17-b573-dd2752d4679e-1689882089.pdf
PennDot
RECEIVED THEIR APPLICATION - but
on this application they state that they had the use by right.
They did not. The project required approval of multiple waiver,
including one relaxing the steep slope rules, despite the
properties next to this one having flooding concerns that
appear, in some cases, to be caused by improper runoff from this
property
Letter dated 2-3-23 from Greg Heleniak at Rudolph
Clarke to Paul Yanessa
The Board approved conditional preliminary approval
to Subdivide to 7 lots per the 9-19-22 plans . Paul
Yanessa is described as an equitable owner ( though no such
document is provided, unless I somehow missed it.)
They are required to abide by all terms - but the most
concerning is in #11 c - the turning radius for emergency
vehicles is to be reduced - and they only need to provide
"turning templates" that show that a smaller radius is OK - It
does not limit how small in any way, If emergency vehicles can
amnoeuver smaller truning radii , I am sure every one putting in
a street or driveway will want that benefit , too. The slope
change also has been granted --- while neighboring properties
already have runoff problems from this property. That list of
conditions was supposed to be signed within 7 days - so by
2-10-23 . No signed copy was received witht eh Right To Know
documents. And it is Paul Yanessa's signature - not Victor's.
BOC
Meeting
Jan 12, 2023 Starts
on p 21 here :
https://d3n9y02raazwpg.cloudfront.net/abingtonpa/a377f69e-70c2-11ed-9024-0050569183fa-ca2b9c28-b9cf-4f17-b573-dd2752d4679e-1673465670.pdf
The Planning Commission recommended approval subject to the
conditions that the applicant provide a traffic study; that the
applicant develop one less lot to eliminate the water mitigation
in the roadway and maintain the 30-ft. cartway; also, that the
Township meet with the surrounding neighbors.
REVIEW LETTER FROM ENGR PENNONI IS RECEIVED 10-10-22
REVISED PLANS WERE SUBMITTED SEPT 23, 2022
The revised plans included hte Planning
Commission recommendation for one less house , that the road was not
allowed to be narrower - it was increased from 24 feet to 30 feet
and the Stormwater that was being collected under the street was moved
out of the right of way.
APPLICATION SUBMITTED TO PENDOT MAY 8, 2023
BOC
Meeting
- Sept 8 or Sept 9, 2022 7 pm
NOTIFICATION FOR PLANNING COMMISSION MEETINGS - This ordinance
was inspired byt his property - that went to the Planning
Commission without any notification to neighbors . One, count
'em- ONE got the word just a very short while before the
start of the Plan Comm meeting and showed up - unable to even
know what it was all about. So at this Board of Commissioners regular meeting
they brought a
measure that would require notification of residents for Land
Development matters that come before the Planning Commission.
You don't often hear me say this ...... but YAY- this is a GOOD
thing. That being said - I still feel the need to clarify: The law has always required the public to be able to
attend and have speaking rights at Planning Commission meetings. This
administration under President Tom Hecker and Manager Richard Manfredi
knew that - yet by CHOOSING not to notify the impacted
residents, as happened here, they effectively took those rights away.
They did not need a LAW to do the right thing. Just a moral
conscience, as previous administrations had. That conscience
apparently lacking, they at least finally succumbed to our repeated requests
for proper notification guidelines & we will at last finally get
a law --- So ...we can applaud them for doing something good..... (yay)
.... that
they SHOULD have done without being asked (boo)
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
May 12, 2022 - this letter sent to all
involved enumerate the problems
/violations :
From:
LEL
Sent: Thursday, May 12, 2022 4:57 PM
To:
Richard Manfredi <rmanfredi@AbingtonPA.gov>; thecker@abingtonpa.gov;
mvahey@abingtonpa.gov
Cc: Ken Brodsky
<kbrodsky@abington.org>; Drew Rothman <drothman@abington.org>; Jimmy
DiPlacido <jdiplacido@abington.org>; Julia Vaughn
<jvaughn@AbingtonPA.gov>; Mike Thompson <mthompson@abington.org>;
Stuart Winegrad <swinegrad@abington.org>; lorihenryforward8@gmail.com;
Dennis Zappone VERIZON <dczapp1@verizon.net>; Jessica Carswell
<jcarswell@abington.org>; John Spiegelman <spiegs@AbingtonPA.gov>;
Bill Bole <bbole@AbingtonPA.gov>; Lori Schreiber HOTMAIL
<loriforroslyn@hotmail.com>; Thomas Bowman AOL <tbowman1999@aol.com>;
Allison A. Lee <aalee@Pennoni.com>; Khaled R. Hassan
<KHassan@Pennoni.com>; Thomas Hecker <thecker@AbingtonPA.gov>; Matt
Vahey <matt@mattvahey.com>; Terry Castorina
<tcastorina@AbingtonPA.gov>; Ashley McIlvaine
<amcilvaine@AbingtonPA.gov>; lms1050@gmail.com; rrosen@tabasrosen.com
Subject: RE: Please remove 365 Cedar Rd from the agenda until
it is in compliance with all laws and codes
To all :
The questions for you, Mr Manfredi are :
1) How ever did an
application not properly filled out according to PA law even get to
the next step ? I think that is an important question that we need an
answer to. Who is in charge of seeing that this didn’t move to any
next step until it was properly done and ready? You may recall my
concern over your appointment of someone with ZERO code and zoning
experience as head of code and zoning – and ditto on the code
enforcement specialist who multiple times didn’t seem to know the law
on something as simple as property maintenance and absolutely had not
applied the law to swiftly handle the vacant properties – which
led to buildings that for 10 or more years remained a blight in our
town . He then found himself elevated to the challenging position of
Zoning Officer – in a world where some verry forceful, knowledgeable
and powerful people prefer to have their way. It matters if we have
people with experience in such positions.
2) No hardships at
all . You can’t waiver things unless the hardship has created
effectively an “impossibility to zone according to the law” Why
did the Engineer not address those lapses. Why did he/they not refuse
to grant waivers at all – especially since nearly all the waiver
requests are a result of what is of the applicant’s own making. Neither
the Engineer, nor the Planning Commission nor Montco Planning
Commission, nor any
others that took part in this actually addressed the violations of law? Did the solicitor
review it ? There are many questions here that need answers.
3) Ultimately it is the public who puts the people in charge
of hiring those that protect our own health, safety and welfare. So
the fact that we have been unable to get virtually any responses to
important questions asked during your term in Abington is a serious
matter. You know I already addressed this very specific lapse – long
before it showed up on tonight’s agenda for “approval”. NO
other administration has been like this in the nearly half century I
have been in Abington.. This administration has put people back in
charge – even on our Zoning Hearing Board - who could have been
charged by the Commonwealth for their actions – ones that displayed
an utter disregard for our laws and for our health safety and welfare
in development and code matters. So it matters that we oversee –
and it matters that we get answers and that we are not blocked from
access to the tools we provide you to give that access. They give us
the power to oversee.
Please direct your staff to answer
questions for the public – your constituents. I have yet to hear
of a developer with the same complaint when he asks one. Please
allow our tools to be used so we CAN have oversight . Tape the
meetings – such as the very important Comprehensive Plan meetings ---
and all others. Use all the tools you can to notify people.
Provide summary information or minutes as immediately as you can
where no minutes are available for 3 months. Have someone always there
to answer the phone. Fix the website problems that have people calling
ME to help them figure out how to attend meetings . Tell the Solicitor
to respond, as immediately as he is able, to Right to Know requests
and with ALL the information. Stop trying to cut off every sentence a
resident says that you think you might not like the ending to. Give
residents the courtesy of making their comments AFTER they have been
informed about the issue. Allow residents to share their 3 minutes
open comment when they arrive because the disrespect of requiring them
to wait through a three hour meeting in order to address you for 3
minutes is tantamount to removal of their rights. You have not
responded to the meetings that took place out of the public
where decisions to remove Zoning Hearing Board Candidates were made,
leaving only one candidate who had a history of problems with zoning
code matters. In many of these things you are blatantly violating the
law and thereby removing our rights . Those things fall under
Abuse of Office – Official Oppression under the criminal code. Just
as the law is not being followed here --- the law is being violated
again and again --- as are basic courtesies. These things show you not
to be working in the interest of the health, safety and welfare of us
– the residents who elected you or pay for your services.
Please
plan a new way forward and start by adhering to the laws that you took
an oath to obey.
Please get back to me so we can discuss
these problems .
Lora Lehmann
1431 Bryant
La. Meadowbrook, PA 19046
215-885-0504
lel@abingtoncitizens.com
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BOC
MEETING ... MAY 12, 2022
WAS POSTPONED Still at 8 new homes being requested
"The Board of Commissioners made a motion to defer the agenda item to
a future Board of Commissioners meeting". No changes were
yet made to reflect the Planning Commission's comments
There was a great deal of confusion . They had this on the agenda for 5-12-22
Thursday at the Board of Commissioners for 7 pm supposedly for
"approval" - but according to Comr DiPlacido he was going to make a
motion to postpone that to June. found starting page 41 here :
https://d3n9y02raazwpg.cloudfront.net/abingtonpa/bd3b30da-5798-11ec-85e3-0050569183fa-ca2b9c28-b9cf-4f17-b573-dd2752d4679e-1652107932.pdf I am assuming he has to make a
motion to advertize it first. To correct an earlier error of
mine : I previously believed the matter would have to come
before the Zoning Hearing Board (because of
a definition I had relied on differentiating waivers from variances.
which I susequently learned was not valid in PA). So
it seems the Board DOES have the right to directly approve the waivers,
but not without fully explained hardships, not without good cause, not
when they are of the applicant's making, or are not in the public
interest. The reasons for the hardships must be specifically
detailed in writing with the
application. I have not found any reasonable hardship explanations for the waivers
the applicant seeks. Perhaps that is what's causing it to be
postponed. They do have the right to build - but not EIGHT
homes. So, I'm sure they'll be back soon.
We asked residents to please attend and demand that this application and all aplications be required to
follow PA Law on hardships etc - especially ones like this, that would negatively
impact nearby residents even if they DID follow the law. Ask that
all emails or questions about this zoning matter be answered
as soon as possible especially about the lack of adherance to laws
such as the requirement to explain hardships and that meetings be
video-taped and aired - and that notification be given to all
nearby residents -- even though the law apparently doesn't require
that.
NEIGHBORS MEETING ON SITE April
28-2022 Paul Yanessa - his lawyer Larry Byrne, and Comr
DiPlacido met at the site .
IN ADDITION YOU SHOULD KNOW that only ONE, count 'em
ONE, of the neighbors learned of the Planning Commission meeting in
February in time to attend ( unprepared and at the last minute), they nonetheless
allowed this
application, that requests too many houses for the lot,and no adherance to laws and codes to
move forward, hoping, apparently for a quick and dirty approval --
with no one notified , there would be little resistance. Only
one, count 'em one, meeting was held before putting this forth for
approval on the Board of Commissioner's agenda May 12, 2022. (Fast
forwarding to Sept 2022 on the 9-8-22 Board of Commissioner's agenda
they are passing a requirement ot NOTIFY neighbors o the same street
within 500 feet and on other streets if they are within 250 feet of a
project coming before the Planning commission)
A number of the hardships are of the property owner's
making because they want to put too many houses on the 4+ acres.
It is not legal to approve such waivers. It would be a
direct violation of both Abington Code and PA Code (see below)
Here is the plan for 8 houses - with sewage
under the circle and a narrow roadway.
EXECUTIVE SUMMARY OF THE PROJECT: The Applicant is proposing to demolish an existing residential
dwelling, covered porch, garage, shed and boulder wall; and subdivide
the existing 177,620 square foot parcel into eight (8) individual lots
ranging from 15, 022 SF to 21,14 SF. Along with the subdivision, the
Applicant is proposing to construct a singlefamily detached dwelling
on each lot, as well as associated, sidewalk, curbing, driveway,
streetlights and stormwater management facilities. Access to/from the
site will be by way of one new cul-de-sac roadway named Independence
Circle that will intersect with Cedar Road as a new T-intersection.
Each new dwelling is proposed to be served by public water and sewer
service.
Please note there is a great deal more open land right
next to this property -- and they already, some years back, had put
forth an interest in developing. The driveway for this current
development may be being considered to enable development of the
second property. There once was a Springhouse on the 365
Cedar Property . Mushy back yards on Glenmore that abut the property
may be related ....... Over the years reports of truckloads of dirt
and mulch and other events are a concern.
VIOLATION OF PENNSYLVANIA LAW /CODE
Municipalities Planning Code § 512.1(a).
https://www.dep.state.pa.us/hosting/growingsmarter/MPCode[1].pdf
Section 512.1. Modifications. (a) The governing body or the
planning agency, if authorized to approve applications within the
subdivision and land development ordinance, may grant a modification
of the requirements of one or more provisions
if the literal
enforcement will exact undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modification
will
not be contrary to the public interest and that the
purpose and intent of the ordinance is observed. 34 (b)
All requests
for a modification shall be in writing and
shall
accompany and be a part of the application for development.
The request
shall state in full the grounds and facts of unreasonableness or
hardship on which the request is based, the provision or
provisions of the ordinance involved and the minimum modification
necessary. (c) If approval power is reserved by the governing body,
the request for modification may be referred to the planning agency
for advisory comments. (d) The governing body or the planning agency,
as the case may be, shall keep a written record of all action on all
requests for modifications.
NO WRITTEN HARDSHIPS HAVE BEEN GIVEN
- AND MOST CONDITIONS CAN BE ALLEVIATED BY PUTTING FEWER PROPERTIES ON
THE ACREAGE - SO THE PROBLEMS ARE OF THE OWNER'S MAKING. OTHER
REQUESTS ARE CONTRARY TO THE PUBLIC INTEREST IN
MULTIPLE WAYS .
VIOLATION OF ABINGTON CODE
https://ecode360.com/9009808?highlight=hardship&searchId=12103127089638450#9009808
Code/Ch
146: Subdivision and Land Development/Ch
146 Art VIII: Modification and Validity
§ 146-50Modification
for hardship.
A. Granting of hardship;
proof.
(1) The Board of Commissioners may grant a modification of the
requirements of one or more provisions of this chapter if the literal
enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that such modification will not be contrary to the public interest and
that the purpose and intent of this chapter is observed.
(2) Proof of undue hardship must
be presented to the township by the subdivider/land developer. It
shall not be considered sufficient proof of hardship to
show that greater profit would result if the variance were granted.
Furthermore, the hardship complained
of cannot be self-created and must be suffered directly by the
property in question.
B. Procedure for modification.
(1) All requests for a modification
shall be submitted to the Zoning Official in writing and shall
accompany and be a part of the application for development. The
request shall state in full the grounds and facts of unreasonableness
or hardship on which the
request is based, the provision(s) of this chapter involved and the
minimum modification necessary to abate the hardship.
(2) The Township Planning Commission
shall review the applicant's request and submit a report to the Board
of Commissioners.
(3) The Board of Commissioners shall
review and approve or disapprove the request and keep a written record
of all action on the matter.
(4) A written summary of any exception
shall be appended to the record plan.
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Planning Commission
MEETING : 2-22-22
Planning Commission—the 1st
public presentation of this project that presented documents as early
as 6-19 and submitted formal plans 3
months earlier . The Public is finally seeing the documents and plans
at the 2-22-22 Planning
Commission Meeting – where it could get recommended to the next
meeting for a vote. This was not proper either …..because no one was
notified - so they could not even attend. What is the likihood that
those impacted would just decide to check the Planning Commission
agenda – when they a) didn’t even know where that was or b) had no
idea something near them was on it.
Our Township has lost its moral conscience and its soul under
Tom Hecker and Richard Manfredi. The docs start
at p76 at this link
:
https://d3n9y02raazwpg.cloudfront.net/abingtonpa/ea78d60b-8f71-11ec-972b-0050569183fa-ca2b9c28-b9cf-4f17-b573-dd2752d4679e-1645106804.pdf
The plan .....never having come to the
Board of Commissioners at all .......... was somehow sent,
behind the scenes, without ANY public Board review or approval ,
to the Planning Commission where neighbors were unaware of it
totally. Neither the Township, nor their Commissioner told them.
ONE resident found out in time to attend - but was unable to get up to
speed on the details, even though they had been underway for 2 1/2
years and the Plans had been submitted 3 months prior. The did not go
to a single Committee meeting to be recommended to the Board of Comrs
who would then approve the forwarding to the Planning Commission.
The FIRST agenda they appeared on was the 2-22-22 Planning Commission
agenda. It is frightening to see our leaders scoff laws, and try to
rush things through while no one is looking.
11-21 PLANS
SUBMITTED Preliminary Major Subdivision Plan and Land
Development Plans were submitted , reviewed by Township Staff and
Montgomery County Planning Commission and consultant and review
letters were provided. ( But residents were never informed)
6-19 A Plan was
submitted as a sketch plan and
a meeting with Township staff was held . Residents were not told .
2019 and prior
As described in the first paragraph on this
page, this property owned was in constant violation of laws and
codes that residents could get no relief from. Then the owner, in
concert, it appears, with the Township tried to shuffle through far
too many houses to increase the profit they could make.
They tried rather secretly to have this quickly appear and be passed -
but despite all the time that has lapsed, the proposal is, in 2024
still in violation of the laws regarding waiver or variance approval.
The applicant consistently has listed his brother as the owner or
applicant and waivers need hardships htat are not of the property
owner's making. For some reason this property owner has been getting
special treatment for as long as he has been at this site.
CHRONOLOGY- READ
UP FROM
HERE
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THE ISSUES + ,
photos etc
Improper process ? The very first we saw or heard of this
application was 2-22-22 at the Planning Commission meeting.
What's wrong with that? Pretty much everything. Unless it was
presented somewhere else that I can't find . The way it is
supposed to work is the way it did forever, and ever in Abington, is
that a new zoning request would come before the Code Enforcement and
Land Development Committee. The neighbors within 500 feet would be
notified of ALL the expected meetings ...the first being the
Code and Land Development Committee. They reviewed it and with
their input and any input from residents that happened to learn
about it, it went to the Planning Commission next. But in
the meantime, residents had a chance to research it, alert their
neighbors who might not know, consult a lawyer, and formulate their questions
for the Planning Commission, etc. They also learned more
about the zoning process in the meantime, because many are
encountering the process for the first time - but the effects of what
happens right next dorr can last a lifetime.
In a
proper process, next it would go back to the Planning Commission for a
deeper, fuller review - where residents were not limited to 3 minutes
or 1 question and then done. They were, in the past, actually able to
go back-and-forth with the developer until they understood one
another. Developers were
expected to actually answer the questions asked by planners or residents. Then,
the project came back to the original Code and Land
Development Committee with the Comments from the Planning
Commission and the residents who attended - and those
comments were incorporated into the revised request that the Committee
looked at again . The Committee then decided if they wanted to
add anything or it was ready to be forwarded on to the Board to
request their approval advertising for Hearing .
It was a reasonable process. But it has been turned on its
head.
And this new wrinkle, if
indeed, it went FIRST to the Planning Commission is more than
disturbing.
New Manager Richard Manfredi has up-ended nearly every
tried and true process we had in the Township, renaming
Committees ( sometimes the same one again and again), restructuring
staff positions and departments,
putting people in charge of major department operations that have absolutely no
experience, while people with certifications and years of experience
sit in a different office doing nothing they’re qualified for;
changing our speaking rights 4 times within the first 4 years of being
here, eliminating informed public comment more and more each
time....... This is a perversion of the zoning and development process,
and other processes in our Township that is
past any reasonable limit.
Only
one neighbor even learned of the Planning Commission meeting for 365
Cedar in time to attend.
He was given a limited time to
speak even though he was speaking for all the neighbors who couldn’t
be there because they didn’t know about it, and the Planning Chair
would not allow him to accept my minutes that I offered to donate to
him. It is unclear to us
at the time that I am writing this where it is going next -- but my
fear is that they will try to send it to the full Board next to
advertise for a hearing -
when literally none of the neighbors has had a chance to even examine
this properly. Was Planning
really the first meeting it went to?
This is
just one in a series of many, many detrimental things that Mr.
Manfredi has brought to this Township. I hope all of you reading this
have also read the page called
Residential
Explosion where he seeks to make changes that will affect our
Township literally forever and that will not likely be able to be
undone once they are passed. His aim is to accomplish this by May 2022.
The property at 365 Cedar is labelled #1 here:
. Please send us pictures
or documents or whatever you have that may be helpful to work together
as a group -- the more informed everyone is - the more cogently they
can speak . Send to
lel@abingtoncitizens.com
The 8 houses do not fit and to squeeze them in they want waivers such
as :
--- have narrower road with no hardship - they say they want to provide more
greenspace - but the only reason there is LESS greespace is because
they are asking for too many houses
--- remove parking on one side
- narrower than 30 ft cartway - no hardship & dangerous for
emergency vehicle needs - not in the public interest
--- put
the stormwater seepage basin under the street ( that they want to
dedicate to the Township) no hardship Not in the public interest -
could be very, very costly
--- have a rain garden at the low point
on the Glenmore side no hardship and raingardens are not reliable are not reliable
--- be excused for providing names & addresses
& other information on properties within 400 feet - except
those contiguous - no hardship listed
--- have
special accommodations for turning radius width on driveway - no hardship -
can be dangerous - impacts the property of others
etc., etc., etc.
:
Other concerns
Owner did not properly list address
-Person listed as
co-applicant, has provided no power of attorney we have seen
Property maintenance issues
- Fencing on the property is in violation of Section 303.7 of
Property Maintenance code
Bamboo
-
in violation of bamboo ordinance -https://abingtoncitizens.com/aaISSUES/Bamboo/Bamboo.htm
Trees /Tree Removal
- Prior Removal and recent removal - how many have been
removed in total?
- Trees- Replacement ordinance - the Engineer can order trees to be
replaced at 2 to 1
https://ecode360.com/9007835?highlight=tree,trees&searchId=5895464304353839#9007835
Creeks -
Concerns:
- a look
onto the property from a neighboring property seems to indicate
a creek or creekbeds
- if there is a creek would the proposed construction be allowed ?
- has DEP inspected the property and is there a report ... ?
Buffers -
-Are there sufficient visual/noise buffers from Valley Glen,
Glenmore Ave, and other neighbors ?
Stormwater
- collection tanks under street is a horrible idea - fixing problems
is too expensive for a HOA
-
Homeowner’s Association rarely has actual capability to
repair something that expensive
- Rain Garden area on Glenmore side – who decides size – who
maintains it - who oversees that ?
- Is there a yearly inspection and
report on the rain garden ?
- a
rainfall chart put together by resident shows that the rain fardens
could be problematic
-
how is there an easement on the plans if it wasn't bought? Neighbors
deny approving one
Steep slope Conservation area? See
Steep Slope Conservation Ordinance
- reports of Cheltenham and
Abington Township trucks bringing
dirt, mulch etc are of concern
- landscapers apparently also brought in chips and tree debris
-
if slopes were changed or marshy lands filled in, is that problematic?
- does dedication of
the road to
the Township mean
school visitors can
park there.....?
- Planning Commission
may have recommeded doing traffic study - where is their report?
-Turning radius of driveway tshould accommodate trucks w/o using
neighbor’s property
-
narrower cartways
are a concern for Fire trucks and emergency vehicles
- If the concern for the width is just to have less impervious
- reduce # of houses
-Distance to hydrant ? Nearest is up on Cedar –is that the
reason for road length limits ?
Notification
- direct mail
to all residents within 400 - 500 ft should be given and no
waivers given to avoid that.
- they clearly
were trying to fast track it before residents even learned the
application was made
- Township staff
time & dollars were spent on this long ago why don't residents have
proper access?
-
residents should have access to documents from the time a
developer begins using taxpayer
services
- with no Committee review first, both
residents
and officials are seeing it for the first time
- upon the first view, decisions are being made -
approvals recommended - not sound procedure
- all should be able to do research, or obtain lawyers
if necessary or read all the documents fully.
- information sessions with open question answer periods are
appropriate -they are always needed
- a question / answer page for ALL development projects should be
created at the outset
- why is the Township not alerting residents via TV Channel.
Newsletter? Commissioner news? etc
- because of the lack of notification, documents should be
provided without a Right To Know filing
Historic House
- It is believed the house is NOT on the historical
register. I
Farming / Agricultural
rights
-
They have apparently NOT claimed to be a "Farm" for tax purposes ( and do not have
10 acres )a
- They have over 3 acres and are allowed 1 head of livestock - they
appear to have 2 .
-High impact uses
- such as the regular use of heavy equip and loud noise has been allowed
- this
happened despite neighbor complaints
- They have
chickens (and apparently had a rooster or 2 in the past) and they keep bees
-
they may use the milk , eggs, honey and firewood
produced for their own use......