Commission denies progression of feasibility review for Holbens Valley Rd. subdivision over ownership and lot-size questions

The Lynn Township Planning Commission on Sept. 16 voted to deny further progression of a feasibility review for a proposed minor subdivision at 8382 Holbens Valley Road, citing unresolved ownership questions and a likely zoning variance requirement.

Brad Rock of Lehigh Engineering presented the plan on behalf of the applicant; the applicant, Bryan Gibson, was not present. The plan shows a parcel that would be approximately 0.97 acre after excluding a PennDOT right-of-way, below the township’s 1-acre minimum for lots not served by public sewer. Township Engineer Karl Scherzberg noted outstanding technical items including sewage facilities planning, a Highway Occupancy Permit for the driveway, and stormwater requirements.

Commission members debated whether the less-than-1-acre shortfall—about 0.03 acre—could be handled as a de minimis waiver or would require action from the Zoning Hearing Board. Fritz Najarian and others said the Planning Commission cannot grant a zoning variance. Members also raised a competing claim from adjacent owner Robert Vaughn, who said he believes he has rights to the remaining subdividable acreage, raising a legal dispute the commission said should be settled outside the commission.

Larry Bachman moved to deny progression of the feasibility plan until ownership of the remaining subdividable area is legally determined; Willard Dellicker seconded and the motion carried unanimously. Karl Scherzberg advised the applicant may file for a zoning variance with the Zoning Hearing Board and that the Planning Commission can provide a recommendation letter to that body if requested.

Next steps: the feasibility review is denied for progression pending legal resolution of ownership and/or a successful variance process; the applicant may pursue a variance with the Zoning Hearing Board and return with a revised submission.