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Boards & Minutes > Zoning Hearing Board

Thornbury Township Zoning Hearing Board

The Zoning Hearing Board meets on the first Monday of each
month on an as-needed basis at 7:00 pm.

Contact:           Jeff Seagraves

Chairman:       J. Robert Haines

Members:        Scott Cannon
Members:        George Morley
Members:        Vincent Iannello (alternate)

Secretary:       Deb Zitarelli, Deb@thornbury.org, 610-399-8383, Ext. 520

Solicitor:          Michael Imms, Esq.

2018 Hearings

January 8th Hearing:

  • Appeal 12-2017 – Appeal of Manaf Farhan for a variance under Chapter 27, Section 503.7 side yard setback requirements for an accessory structure in order to construct a shed to cover an existing back-up generator located on the property using the existing concrete slab upon which the generator is located. The Applicant is the owner of a property which is located at 3 Sweetbriar Lane, Glen Mills, PA 19342 in the R-2 Residential Zoning District of Thornbury Township, Delaware County, Pennsylvania.

  • Appeal 13-2017 – Appeal of Allison Bonacquisti for variances under Subsections 27-2101.E and 27-403.E in order to construct a two story addition to her residence which is listed as Historical Resource #141 on the Thornbury Township Historical Resource Inventory in excess of the total permitted expansion of twenty-five (25%) percent of the existing structure; where the left yard of less than thirty-seven (37’) feet where a minimum of forty-five (45’) feet is required for the property located at 10 Westtown Road, Thornton, Pa located in the R-1 Residential Zoning District of Thornbury Township, Delaware County, Pennsylvania.


2017 Hearings

November 6th Hearing:

  • Appeal 9-2017Appeal of Andover Homeowners Association, Inc. from the issuance by the Township of a Grading Permit to the dominant tenant Sunoco Pipeline, LP in order to allow Sunoco Pipeline, LP to perform grading in the area of an easement in the open space area owned by the servient tenant Andover Homeowners Association, Inc. which would allow construction of a pipeline within one hundred (100’) feet of the curtilage of a residential property under 15 P. A. C. S. A. §1511(b)(1)(i) and within seventy-five (75’) feet of a building in violation of Thornbury Township Subdivision and Land Development Ordinance Section 22-605 and  reduce the Appellant’s open space below the required forty (40%) percent on a property as required by Thornbury Township Zoning Ordinance Sections 27-1204 and Section 27-1205, located at 190 Middletown Road, Thornbury in the  R-1 Residential Zoning District.
    • Denied

October 16th Hearing:

  • Appeal 9-2017Appeal of Andover Homeowners Association, Inc. from the issuance by the Township of a Grading Permit to the dominant tenant Sunoco Pipeline, LP in order to allow Sunoco Pipeline, LP to perform grading in the area of an easement in the open space area owned by the servient tenant Andover Homeowners Association, Inc. which would allow construction of a pipeline within one hundred (100’) feet of the curtilage of a residential property under 15 P. A. C. S. A. §1511(b)(1)(i) and within seventy-five (75’) feet of a building in violation of Thornbury Township Subdivision and Land Development Ordinance Section 22-605 and  reduce the Appellant’s open space below the required forty (40%) percent on a property as required by Thornbury Township Zoning Ordinance Sections 27-1204 and Section 27-1205, located at 190 Middletown Road, Thornbury in the  R-1 Residential Zoning District.
    • Continued to Monday, November 6 - 7:00pm

October 2nd Hearing:

  • Appeal 11-2017 – Appeal of John Hersker, III for a special exception under Chapter 27, Section 402.E.(3) in order use an existing home and garage for a single-family dwelling and separate in-law suite with kitchen and bathroom facilities where only one dwelling unit is permitted.  The Applicants are the equitable owner of a property which is located at 5 Derry Drive, Glen Mills, Pa 19342 in the R-1 Residential Zoning District of Thornbury Township, Delaware County, Pennsylvania.

September 11th Hearing:

  • Appeal 9-2017Appeal of Andover Homeowners Association, Inc. from the issuance by the Township of a Grading Permit to the dominant tenant Sunoco Pipeline, LP in order to allow Sunoco Pipeline, LP to perform grading in the area of an easement in the open space area owned by the servient tenant Andover Homeowners Association, Inc. which would allow construction of a pipeline within one hundred (100’) feet of the curtilage of a residential property under 15 P. A. C. S. A. §1511(b)(1)(i) and within seventy-five (75’) feet of a building in violation of Thornbury Township Subdivision and Land Development Ordinance Section 22-605 and  reduce the Appellant’s open space below the required forty (40%) percent on a property as required by Thornbury Township Zoning Ordinance Sections 27-1204 and Section 27-1205, located at 190 Middletown Road, Thornbury in the  R-1 Residential Zoning District.

    The AMENDED NOTICE serves to correct the original Notice published on August 16, 2017 regarding Appeal 9-2017.

    • Continued to October 16, 2017

  • Appeal 10-2017 – Appeal of Allison Bonacquisti for variances under subsection 27-2101.E in order to construct a two story addition to her residence which is listed as Historical Resource #141 on the Thornbury Township Historical Resource Inventory in excess of the total permitted expansion of twenty-five (25%) percent of the existing structure; with a 53’ front yard where a minimum of 85’ is required;  and a left yard of 37’ where a minimum of 45’ is required for the property located at 10 Westtown Road, Thornton, Pa located in the R-1 Residential zoning district of Thornbury Township, Delaware County, Pennsylvania.

June 5th Hearing:

  • Appeal 8-2017- Appeal of Mr. & Mrs. Aleksey Katko for a variance and special exception under Chapter 27, section 2101 in order to permit construction of an addition to the home and related improvements on the property which is a preexisting non-conforming structure in excess of twenty-five 25% permitted. In addition, a variance from section 403.4 front yard is required where the proposed addition is located 57 feet from the front boundary line where a minimum of 85 feet is required. The property is located at 313 Thornton Road, Thornton, PA, in the R-1 Residential District of Thornbury Township, Delaware County, Pennsylvania.
    • Withdrawn

May 1st Hearings:

  • Appeal 7-2017 - Appeal of Toll PA IV, L.P. for a special exception under Chapter 27, section 2115.2.B(2) in order to permit construction of a home and related improvements on Lot 20 in an area of slopes greater than 20% where the encroachment in total is greater than 50 feet. The proposed Subdivision and property are located on the Crane Tract to the east side of Stoney Bank Road. The property is located at 105 Stoney Bank Road, Glen Mills, in the R-1 Residential District of Thornbury Township, Delaware County, Pennsylvania.
  • Appeal #7-2017 Opinion
  • Appeal 6-2017 - Appeal of Andover Homeowners Association, Inc. from the issuance by the Township Manager and Zoning Officer of an Electrical Permit to the dominant tenant Sunoco Logistics in order to allow Sunoco Logistics to construct a Five (5) foot high fence, install a utility pole and automated pipeline monitor equipment in the area of an easement in the open space area owned by the servient tenant Andover Homeowners Association, Inc. which would reduce the Appellant’s open space below the required forty (40%) percent on a property located at 190 Middletown Road, Thornbury  in the  R-1 Residential Zoning District.
  • Appeal 5-2017 - Appeal of Andover Homeowners Association, Inc. from the issuance by the Township Manager and Zoning Officer of a Building Permit to the dominant tenant Sunoco Logistics in order to allow Sunoco Logistics to construct a Five (5) foot high fence, install a utility pole and automated pipeline monitor equipment in the area of an easement in the open space area owned by the servient tenant Andover Homeowners Association, Inc. which would reduce the Appellant’s open space below the required forty (40%) percent on a property located at 190 Middletown Road, Thornbury  in the  R-1 Residential Zoning District.
  • Appeal 4-2017 - Appeal of Andover Homeowners Association, Inc. from the issuance by the Township Manager and Zoning Officer of a Zoning Permit to the dominant tenant Sunoco Logistics in order to allow Sunoco Logistics to construct a Five (5) foot high fence, install a utility pole and automated pipeline monitor equipment in the area of an easement in the open space area owned by the servient tenant Andover Homeowners Association, Inc. which would reduce the Appellant’s open space below the required forty (40%) percent on a property located at 190 Middletown Road, Thornbury  in the  R-1 Residential Zoning District.
  • Appeal #4, 5, 6-2017 Opinion

Appeal 3-2017 - March 6 - Appeal of Dean Lambardakis for a special exception under Chapter 27, section 2018 in order to convert an existing detached storage garage into a mother-in-law suite with separate kitchen and bathroom facilities and connect it to the home by a breezeway, where only a single dwelling is permitted on a lot under Chapter 27, section 27-401(A). The applicant’s property is located at 5 Locksley Road, Glen Mills, Pa in the R-1 residential zoning district of Thornbury Township, Delaware County, Pennsylvania.

  • Granted

Appeal 2-2017 - February 6 - Continued to March  - Appeal of Michael Ivey for a variance or special exemption under Chapter 27, section 402.E(3) in order to construct an in-law suite in the second floor of an existing detached garage and build an addition attaching it to the existing residence on the property at 719 Cheney Road, Cheyney, Pa in the R-1 Residential District of Thornbury Township, Delaware County, Pennsylvania.

  • Granted

Appeal 1-2017 - February 6 - Appeal of Donald and Deborah Culp for a variance under Chapter 27, section 403(2) “Lot Width” in order to subdivide a property and create a lot with the width of 186 feet at the building line where 200 feet is required; Section 27-403.4 to permit a front yard of (45) feet where 85 is required; Section 27-403.5 to permit an existing shed to be located 17.1 feet from a proposed access drive and existing structure to be 42 feet from the proposed access drive where 45 feet is required; and 27-403.7 to permit the existing garage on Lot 1 (which is located behind a line parallel to the street line and which touches the rear most portion of the main building) to be located 20.5 feet from the access drive where 25 feet is required in order to allow the applicant to create and construct a right of way for a flag lot and create two lots by subdividing the property at 420 Thornton Road, Cheyney, Pa in the R-1 Residential District of Thornbury Township, Delaware County, Pennsylvania.

  • Granted

2016 Hearings

Appeal 3-2016 - December 5, 2016 - Appeal of Toll PA IV, L.P. for a special exception under Chapter 27, section 2115.2.B(2) in order to permit construction of a home and related improvements on Lot 20 and a portion of Road A where Road A is to be constructed in areas of slopes greater than 20% where the encroachment in total is greater than 50 feet. The proposed Subdivision and property are located on the Crane Tract to the east side of Stoney Bank Road. The property is located at 105 Stoney Bank Road, Glen Mills, in the R-1 Residential District of Thornbury Township, Delaware County, Pennsylvania.

Appeal 1-2016 - May 2, 2016 - Appeal of Michael and Sue Lewis for a variance under Chapter 27, section 1704 in order to construct a portico in the front of their house 38 feet from the front boundary line where 40 feet is required for a lot at the property located at ll Pickering Trail, Thornton, Pa in the PRD-I Residential Zoning District of Thornbury Township, Delaware County, Pennsylvania.

Granted.  Decision made to permit them to locate a portico over the front door of their property in the front yard of their property at least 38 feet from the front property boundary line; the variance granted herein is expressly subject to the Applicant's compliance with the following conditions:

  • Applicant must locate the portico within the existing concrete pad installed in the front of their house and at the height of the existing pediment over the front door;
  • The applicant must obtain all necessary building permits and approvals before beginning construction of the portico; and
  • The proposed portico must be constructed in substantial conformity with the evidence presented to the Zoning Hearing Board in this matter.

Appeal 2-2016 - June 2, 2016 - Appeal of Denise and Michael Daniels for a variance under Chapter 27, section 4A3(2) "Lot Width', in order to subdivide a property and create a lot with the width of 164.1 feet at the building line and create a right of way for a flag lot where 200 feet is required for a lot in order to subdivide the property at 425 Thornton Road, Cheyney, PA in the R-1 Residential District of Thornbury Township, Delaware County, Pennsylvania.

Granted. The Applicants are permitted to subdivide their property and access the rear lot by a driveway thereby reducing the front lot to 164.1 feet at the building line subject to the following conditions:

  • The proposed width of the front property from the driveway to the existing home being no less than 164.1 feet from the side yard boundary line;
  • That the variance granted applies only to 164.1 feet measured from the western edge of the building envelope eastward; and
  • The Applicant obtains all necessary approvals and permits.

2015 Hearings

Appeal 2-2015 - July 6, 2015 - Appeal of Jeannette and Michael Adorante for a variance under Chapter 27, section 503.7 in order to place an accessory building eighteen (18’) feet from the side yard boundary where a minimum of twenty-five (25’) is required at an existing single family home located at 430 Thornton Road, Cheyney, PA in the R-2 Residential District of Thornbury Township, Delaware County, Pennsylvania.

Denied. There are no physical conditions unique to the Property which would cause a hardship to the Applicant. The Applicant has not met its burden of proof to demonstrate that there is a hardship requiring that the proposed garage be located 18 feet from the site boundary. The Applicant has failed to meet its burden of proof that the property cannot be developed in strict conformity with the Zoning ordinance.

Appeal 1-2015 - May 4, 2015 - Appeal of 192, Inc. t/a Duffer's Tavern for a variance under Chapter 27, section 1003 subsections A, B, C & D use and area requirements in order to construct an outdoor patio on which to serve food and alcoholic beverages where no outdoor dining is permitted at an existing restaurant facility located at 192 Middletown Rd. Glen Mills, PA in the C-Commercial Zoning District of Thornbury Township, Delaware County, Pennsylvania.

Denied. There are no physical conditions unique to the Property which would cause a hardship to the Applicant. The Applicant has not met its burden of proof to demonstrate that the Ordinance, as written, is unconstitutional or improperly exclusionary. The Applicant has failed to meet its burden of proof that the Property cannot be developed in strict conformity with the Zoning Ordinance.