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  On 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 if he builds 
				fewer houses. He has no guaranteed right to build 7 houses. The 
				Commissioners and the Zoning Hearing Board would be putting the 
				public at risk by approving that.  The 
				unsafe condition is being created for his profit.  So he 
				can profit by one or 2 more houses
				
		  	   
		  
                     It appears that the 
				proposal is in violation of the laws & codes regarding 
				waiver or variance approval period. They don't allow danger to 
				prevail for the sake of profit and they don't allow variances 
				when the need for one is created by the applicant:  
  
  
				
		  	       So the condition requiring a 
				waiver is  
1) Is 100 % created by the applicant, which is 
				not allowed 
2) Is requested despite no peculiarity of the land 
				that prevents him from building. They can build without this 
				relief  - just fewer homes  
3) This is  strictly for profit 
				- also not a valid reason for approval 
4) 
				100%  the number of houses granted is not the minimum relief 
				-- and they are required to provide the minimum relief  
				that allows reasonable use of the land. In fact, they could 
				build with no relief whatsoever.  
5) 
				They are not allowed to have waivers or variances granted if  
				it created dangerous conditions for the public, such as the 
				reduced turning radious for emergency vehicles. That would 
				create a danger to public safety and welfare
6) No 
				hardships were provided in writing, stating in full the grounds 
				in law and in 
				fact that allow them to obtain the waivers and variances . No 
				explanation of the unreasonableness of the ordinance  or 
				any law or caselaw was provided. 
 OFFICIALS 
				WHO KNOW BETTER  In everyway, it appears they have 
				violated the law to get to this point - with the help of various 
				officials who know better.      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..
 no 
				clear ownership interest.     
				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.  We are entitled to see the 
				document showing his interest. Others have been required to do 
				this - why does this applicant get special treatment on every 
				front - and help skirting lawss and codes.   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.   Penn Dot  
				did not provide any signed document.... 
 DEMOLITION 
				AND ROAD WORK TAKING PLACE BEFORE LAND DEVELOPMENT AND BEFORE 
				FINAL APPROVAL     
				In the first week of May 2024 it appears that they have already 
				demolished the house- without any Land Development.  
..
				 
                
 
				AS OF MAY 2024 - PennDot issues a permit for the road 
				work. 
		  	    In  June we learn that 
                
		  	    PennDot issued this on
		  	   5-9-24   - but the project has not yet been 
				approved --- and no proper demonstration of the  
				accessibility to emergency vehicles has been  submitted  
				as required  for the waiver of the curb radius.  By 
				mid to late May ( before May 25th ) the house and a shed  
				were completely demolished despite that there was no approval 
				yet on the project and no Land Development  ( where 
				neighbors could have addressed concerns like the noise, the 
				hours, how to keep the dust down etc.)  -- and they appear 
				to be working on the road. Who issued the demolition permit ?   
				Land Development wont happen for 2 more months ( 7-23-24) .   
				How can they be starting demolition and road work 
				without Land Development as required by code?
				
 
                
 
				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 and variances, were, I believe,  improperly granted.  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
		  
		  zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
                
		  
		  
                
 
		  	  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......