On Monday, March 26, 2018, at 7:00 P.M., at the Kennett Township Building, 801 Burrows Run Road, Chadds Ford, PA 19317, the Kennett Township Zoning Hearing Board will conduct a public hearing and thereafter consider and render a decision on the following: (1) An appeal from the actions of the Kennett Township Zoning Officer filed by Richard Stat and Randall F. Bishop, 731 and 725 Norway Road, Chadds Ford, Pennsylvania. In particular, the Appellants filed an appeal from the determination of the Kennett Township Zoning Officer that the proposal of the Chester Water Authority to develop its property located at 745 Norway Road, Kennett Township is permitted without the need for a special exception or other relief regarding the use because the proposal was a minor public utility facility which had previously been approved in 1975. Further, it is alleged by the Appellants that the proposed development and use must be subject to a conditional use approval of the Board of Supervisors. (2) An appeal of Diane Hicks’ written determination dated January 29, 2018 concluding, inter alia, that any improvement on the Property such as a water tower, parking garage, driveway, etc., would be a permitted use accessory to an “Authority” use and would require no more than a building permit. Applicants further appeal Ms. Hicks’ determination that the proposed use is a “private public utility,” a use that is not defined by the Kennett Township Zoning Ordinance. (3) An appeal of Diane Hicks’ written determination dated February 5, 2018 concluding, inter alia, that any improvement on the property such as a water tower, parking garage, driveway, etc., would be a permitted use accessory to an “Authority” use and would require no more than a building permit. Applicants further appeal Ms. Hicks’ determination that the proposed use is a “Municipal Authority,” which is a defined term, but not a defined use in the Kennett Township Zoning Ordinance. (4) Applicants, Richard Stat and Randall Bishop, respectfully request that the Zoning Hearing Board overrule the determinations by Diane Hicks, Kennett Township Zoning Officer, and find that Chester Water Authority’s current and proposed use of the Property is either a legally non-conforming “public utility use” or possibly a “public use,” both of which are clearly defined by the Township Zoning Ordinance. Applicants further request that the Board find that the existing and proposed facilities, by definition, collectively constitute the principal use of the property and are therefore not accessory structures subordinate to the principal use of the property. If any person who wishes to attend the hearing has a disability and/or requires an auxiliary aid, service or other accommodation to observe or participate in the proceedings, he or she should contact the Township Building at 610-388-1300, to discuss how those needs may be accommodated.
Zoning Hearing Board
of Kennett Township