Consider for adoption a resolution approving a conditional use application to create a rear lot at 1509 Lafayette Road. The Plan, prepared by CMC Engineering dated May 11, 2017, last revised May 8, 2019, shows the transfer of 173,802 sq. ft. (4 acres) from 1509 Lafayette Road to 801 Stony Lane. 

Expiration Date: 7/31/2019......................................................................................Zoning: RAA/HROD

Applicant: Frederick L. Bissinger

Property Owner: The Mary G. H. Davis Estate

Applicant's Representative: Jamie Jun, Esquire, Fromhold Jaffe & Adams

On Wednesday, June 10, 2019 the Building & Planning Committee recommended approval.

RESOLUTION

WHEREAS, the Township of Lower Merion received application #3832C from Frederick L. Bissinger, Jr., proposing to create a rear lot at 1509 Lafayette Road, Gladwyne, Ward 2; and

WHEREAS, the application was referred to Pamela M. Loughman, Esq., Hearing Officer, to take testimony and make recommended Findings of Fact, Conclusions of Law and an Order for the consideration of the Board of Commissioners; and

WHEREAS, following a hearing on the application, the Hearing Officer prepared and has submitted to the Board of Commissioners her Report in the form of a document styled “Recommendations for Findings of Fact, Conclusions of Law and Order” whereby the Hearing Officer recommends that the application be granted; and

WHEREAS, the Board of Commissioners, having reviewed and considered the Hearing Officer’s Report, wishes to render its decision.

NOW THEREFORE, the Board of Commissioners of the Township of Lower Merion hereby resolves:

1.      That the Findings of Fact and Conclusions of Law set forth in the attached Report of Pamela M. Loughman, Esq., Hearing Officer, be and the same are hereby accepted as the Findings of Fact and Conclusions of Law of the Board of Commissioners in the matter of the application of Frederick L. Bissinger, Jr. for the properties at 1509 Lafayette Road and 801 Stony Lane, Gladwyne.

The Board deems the following order to be appropriate:

ORDER

AND NOW on this 17^th day of July 2019 application 3832C for conditional use approval is granted based on the documents and plans submitted in support of the application all of which are specifically incorporated herein by reference thereto, subject to the following conditions:

1.      The applicant shall record a deed covenant against 801 Stony Lane requiring any preservation area to be set aside with any future subdivision of 801 Stony Lane (“subdivision” for this purpose not to include an adjustment of boundaries between or among adjacent properties not resulting in any additional lot or lots) to be 53.5% of the lot area of 801 Stony Lane. 

2.      At such time as public sanitary sewers are extended to Lafayette Road along the frontage of the property at 1509 Lafayette Road, the property shall connect to that sanitary sewer system.