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Daniels Excavating setback modification sent back to developers after supervisor split vote
Summary
A request from Daniels Excavating to legalize existing structures encroaching into the 40‑foot front setback was tabled after the board split 2‑1; residents and the solicitor disputed the procedural timing and potential liability.
The Board of Supervisors considered a Jan. 10 modification request from Daniels Excavating to allow existing structures at 1855 State Route 819 to encroach into the township's 40‑foot front yard setback (Section 412(B) of the SALDO). The Planning Commission elected not to recommend and forwarded the request to the board; supervisors debated whether to act now or wait for additional submissions including NPDES and PennDOT items. Kerry Jobe moved to table; the motion passed 2‑1 (Bob Zundel and Ken Trumbetta for, Jobe opposed).
Resident Lisa Segina questioned approving any modification where an unpermitted building sits in a setback, calling it a potential liability. Solicitor Falatovich responded that approving a modification requires an appropriate plan note and that denials are uncommon, but cautioned that recorded approvals can create downstream obligations. The board moved to delay action until related permits and plan updates are submitted.
