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Tinicum supervisors table request to modify 1995 disturbance restriction for Flax property
Summary
The Board of Supervisors voted to table a proposed modification to a recorded 1995 disturbance restriction so a Flax family accessory dwelling could accommodate a septic system; board members and neighbors asked for pump testing, detailed septic and stormwater analysis and records explaining the original restriction before any decision.
Tinicum Township supervisors on Feb. 3 tabled a request from Jason and Sarah Flax to modify a recorded 1995 subdivision note that limits disturbance on their lot so the family can site a separate accessory dwelling and its septic reserve area.
Attorney William Benner, representing the Flax family, told the Board the applicants are not seeking to increase the total allowed disturbance but to shift the permitted boundary so the existing residence, driveway, septic and well fall within the restricted zone and space remains for a separate septic mound and a backup reserve. Benner said the change is intended to permit an accessory dwelling for the applicants’ in-laws and that the family would record formal covenants outlining the non‑disturbance area. “Instead of seeking a waiver, the applicants now request a modification to the restricted disturbance area on Lot 1,” Benner said.
Supervisors pressed for technical confirmation that a second septic system and additional well demand are feasible without harming neighbors. Vice‑chair John Cole asked for “definitive confirmation that no other septic location exists,” and warned that approving a modification without detailed testing and slope, stormwater and resource analyses could set a difficult precedent and harm adjacent properties.
Neighbors urged caution. Resident Eric Gutierrez said earlier proposals looked larger than a typical “granny flat” and raised concerns about scale and tree removal. Janine Black told the Board her well “runs dry three to four times each year,” and urged a pump test to establish whether a shared aquifer can sustainably support two households.
Engineer Curt Genner said the proposed primary system is an elevated sand mound and the reserve area is designed as a drip irrigation reserve, which would need special DEP approval. Board Chair Eleanor Breslin and other members said they had no record of the 1995 supervisors’ rationale for the recorded restriction and emphasized the Board cannot responsibly act without the requested analyses and historical documentation.
With those outstanding technical and evidentiary questions, the Board voted to table the Flax modification request. John Cole moved to table and Todd Quinby seconded; the motion passed unanimously (3‑0). The applicants were told they likely will also need relief from the Zoning Hearing Board should the Board eventually modify the recorded limits.
Next steps: the Board requested pump testing and a full septic/steep‑slope/stormwater assessment, clearer documentation of the 1995 restriction’s basis, and a revised plan showing enforceable disturbance geometry before reconsideration.
