BENSALEM TOWNSHIPBuilding and Planning Department

2400 Byberry Road . Bensalem PA 1902021 5-633-3644 . FAX 21 5-633-3653

Zoning Hearing Board

Exhibit Z-4

Appeal Number:

Township of Bensalem, Bucks County, PennsylvaniaNotice of Appeal

Appeal is hereby made by the undersigned from the action of the Zoning Officer.

Check applicable item(s):

tr Certification of Non-Conforming Use

n Application for Validity Challenge

tr Administrative Officer in refusing my application for a building permit dated:

n Special Exception

X Variance from the terms of the Zoning Ordinance of the Township of Bensalem

Woodhaven Property Associates, LLC - ATTN: Barry Walsh

1717 Woodhaven Drive

Bensalem, PA 19020

215-633-9600

ba rry.walsh @pasteel. com

- Same as Appellant -

Appellant Name:

Address:

Phone No.

E-MailAddress:

Owner's Name:

Address:

Phone No.

E-MailAddress:

Attorney Name:

Address:

Phone No.

Michael J. Meginniss, Esquire

Begley, Carlin & Mandio, LLP

680 Middletown Boulevard - Langhorne, PA 19047

215-750-0110

lnterest of appellant, if not owners (agent, Iessee, etc.): N/A

4

r9

1. Application relates to the following:

Check items if applicable:

tr Use tr Lot Area

tr Height X yards

EX Existing Building X Proposed Building

n Occupancy

n Other: (describe)

Tax Parcel Number:

Location:

2. Brief description of Real Estate affected:

02-060-01 3-01 3; 02-060-01 3-001 and 02-060-01 3-0'1 7

1717 Woodhaven Drive - Bensalem, PA 19020

Lot Size: 214,269 SF

Present Use: Existing warehouse

Proposed Use: Warehouse

Present Zoning Classification: L-l - Light lndustrial

Present lmprovement upon Land: Existing warehouse

Deed recorded at Doylestown in Deed Book 4364; 1179 Page 674;377and lnstrument No. 201 9005610

3. lf this is an appeal to challenge, provide statement and/or basis for challenge to the validity of thezoning ordinance.

N/A

4. If this is an Appeal from action of the Zoning Administrative Officer then complete the following:

Date Determination was made: N/A

Your statement of alleged error of Zoning Administrative Office:

5

ra

1. Specific reference to section of the Zoning Ordinance upon which application for special exception orvariance is based (if special or variance is desired):

See attached Addendum

2. Action desired by appellant or applicant (statement of relief sought or special exception or variancedesired):

Grant of variances to allow construction of 37,800 SF building addition

3. Reasons appellant believes board should approve desired action (refer to section or sections ofordinance under which it is felt that desired action may be allowed, and not whether hardship is (or isnot) claimed, and the specific hardship.

See attached Addendum

4. Has previous appeal or application for special exception or variance been filed in connection with thesepremises?

Xvrs IuoSpecifications of errors must state separately the appellant's objections to the action of the zoningadministrative office with respect to each question of law and fact which is sought to be reviewed.

l, hereby depose and say that all of the above statements and the statements contained in any papersor plans submitted herewith, are true to the best of my knowledge and belief.

:-^ !.-*--l---.

Apperant,s or owner,s*n^ru,M-D ft' rfuryDate a / t I / ;*ea*E>(l JA SIGNED GOPY OF THIS APPLICATION IS REQUTRED UPON SUBMISSION OF DOCUMENTS

Sworn to and subscribed before me this

I lW aru ot Q-(r)nl,--' zoP>a'{rn-->WqNotary Public

My commission expires: Commonwea,:- r:: ?r'rrst:vania - Notary SealREBECCA l- iL.v.i;.Lr\ill . No:ary public

il;i<s Cc..::,A{y Comrrii,sic: l.xpi,os -,r. 9, 2023

Commissicr N.r'r')0r 1 136300

6

ADDENDUMto

ZHB APPEALof

Woodhaven Property Associates. LLC

#1 - Requested Relief:

Applicant is requesting the following variances in the L-I - Light Industrial:

1. Section 232-533.(2) to permit Building Coverage of 54%o, when only 35% ispermitted;

2. Section 232-533.(2) to permit Impervious Surface Coverage of 80%, when only55% is permitted;

3. Section 232-533.(3)(a) to permit a front yard setback off of State Road from theUltimate Right of Way to be 33.88 feet, rather than the 75 feet required byordinance;

4. Section 232-593 to permit the building addition to be within the 75 feet requiredfrom the side and rear property lines abutting a residential zoning district.

#3 - Reasons requested relief should be approved:

The addition will eliminate outdoor truck parking in the rear of the structure, substantiallyimprove aesthetics along State Road, and allow installation of stormwater management facilitieson site, which will improve conditions as no stormwater management exists due to the age of thebuilding. The addition, coupled with an acquisition late in 2019 of the property directly across thestreet on Woodhaven will be an economic benefit to the community and result in the creation ofadditional jobs. Without receiving the requested zoning retee the Applicant would not have theability to build the necessary addition due to the unique nature of the lot. The lot is unique in thatit's a double frontage lot and is adjacent to a split zoning designation. The hardship has not beencreated by Applicant and will be a benefit to the surrounding community. This application is partof Pennsylvania Steel's efforts to create a corporate headquarters in Bensalem.

1008943s41\

BENSALEM TOWNSHIPBuilding and Planning Departrnent

Office 215-633-3644 . Fax215-633-37532400 Byberry Road . Bensalem, PA '19020

www.bensalempa.qovW

February 3,2020

WOODHAVEN PROPERTY ASSOC. LLC1717WOODHAVEN DRBENSALEM, PA 19020

Respectfully,i

,',' i i,.1, ,j :)

t..1.. /,', ./r'-',! t' 'ili .':

iLKenneth V. Farrall, BCO, APA, PLSDirector of Building and Planning lZoning Officer

KVF/lva

ZONING CERTIFICATION

Proposed use: BUILDING ADDITIONProject Address: 1717 WOODHAVEN DR

BENSALEM, PA 19020Tax Parcel: 02-060-013-013; 02-060-013-001

AND 02-060-013-017Property Owner: SAME AS ADDRESSED

MMEGI NNISS@BEGLEYCARLIN.COMDelivery & Read Receipt Email

RE: ZONINGCERTIFICATION

Dear Sir or Madam:

ln response to your request, the following information is being furnished as it pertains to the above referencedproperty:

. The subject property is located in the L-l Zoning District.

. On 712311993 the Township issued a Use and Occupancy Permit for the proposed use, wholesaledistribution of steel.

e The existing 78,575 sf building as it currently exists is out of the front and side yard setbacks.. The building is considered an existing non-conforming building.. Per section 232-581 Nonconforming buildings, lands or uses in all other districts may be expanded by 50

percent. This extension must occur within the allowable building coverage, impervious surface andsetback requirements of these districts and in compliance with section 232-592. Only one such expansionshall be permitted. Variance is requested from building area and impervious surface coverage.

. The proposed building addition of 37,800 sf is approximately 48 percent, and is below the required 50percent, which is permitted.

. Per section 232-533(12) the required building area in the L-l Zoning District is 35%. the site plan shows aproposed building area of 48%. A variance is required.

. Per section 232-533(12) the required impervious surface coverage in the L-l Zoning District is 55%. thesite plan shows a proposed impervious surface coverage of 73%. A variance is required.

A copy of the section for this classification can be found on our website. lf you should have any question orconcerns, please feel free to contact this office for assistance.

You have the right to appeal this determination to the Township Zoning Hearing Board. Applications for appeals tothe Zoning Hearing Board can be obtained at the Building and Planning Department located in the MunicipalBuilding a|2400 Byberry Road, Bensalem or on our website at http://bensalempa.qov

Ihls r.s not a permit. No land shall be used or occupied and no structure shall be constructed,used or occupied until all appropriate approvals and permits are obtained.

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Prepared By:Begley, Carlin & Mandio, LLP680 Middletown Blvd, 3rd FlLanghorne,PA 19047

Return To:Lake Abstract Company680 Middletown Blvd, Suite 200Langhorne,PA 19047

Parcel No(s).: 02-060-013-002 and 02-060-014-00i

SPECIAL WARRANTY DEED

THIS INDENTURE Made this 20th day of December 2019 between Kevin P. Maier andMarian X'. Maier, Trustees under a Trust Agreement dated June 30, 2000, (hereinafter referredto as "Grantor"), and J&B Associates Group, LLC, a Pennsylvania Limited LiabilityCompany, (hereinafter referred to as "Grantee").

WITNESSETH: That the said Grantor in consideration of SIX HUNDRED FIFTYTHOUSAND And No/100 Dollars ($650,000.00) to them now paid by the said Grantee, at orbefore the sealing or delivering hereof, the receipt and sufficiency of which are herebyacknowledged, do grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said

Grantee, their heirs, successors and assigns

PREMISES IIAII

ALL THAT CERTAIN piece, parcel or tract of land with the buildings and improvementsthereon, situate in the Township of Bensalem, County of Bucks and Commonwealth ofPennsylvania, and being Lot No. 2 in a Final Plan of Woodhaven Industrial Park dated April 16,

1969, made by Benjamin C. Queen, Registered Surveyor, as recorded in Plan Book 67 page23,more particularly described as follows:

BEGINNING at a point on the Northwesterly side of Woodhaven Drive (50 feet wide) in line ofLot#1on said plan, which point is measured along the said side of Woodhaven Drive from itsintersection with the center line of Gravel Pike (Township Road 312) on a course of North 68degrees 30 minutes East275.00 feet to the place of beginning; thence extending along the said

Lot#l,North 21 degrees 30 minutes West 162.89 feet to a point a corner in line of lands of thePenn Central Railroad Company; thence extending along the said land, North 65 degrees 15

minutes East 154.72 feet to a point for a comer; thence extending still along said lands, North 24degrees 45 minutes West 70.00 feet to a point a corner; thence extending still along the saidlands, North 65 degrees 15 minutes East 89.40 feet to a point a corner; thence extending alongLot#3 on said plan, South 10 degrees 10 minutes Bast266.60 feet to a point on the saidNorthwesterly side of Woodhaven Drive; thence extending along the said Woodhaven Drive on

the arc of a circle curving to the left having a radius of 758.29 feet and an arc distance of 149.99

feet to a point of tangent; thence extending still along the same, South 68 degrees 30 minutesWest 38.38 feet to the point and place of beginning.

EXCEPTING THEREOUT AND THEREFROM, ALL THAT CERTAIN piece of land situate

in Bensalem Township, Bucks County Pennsylvania, being an easement located on a portion ofthe properby as shown on Premises "A" and described herein as follows:

BEGINNING atapoint a common corner of the lands of the Advance Scaffold Corporation and

the lands now or late of the Philadelphia and Trenton Railroad Company; thence along the lands

of the said railroad, North 65 degrees 15 minutes East 89.40 feet to a point, a corner of the lands

now or late of Joseph Louis and Rose DiEgidio; thence along the said lands of DiEgidio, Southl0 degrees 10 minutes East 31 feet to a point; thence passing through the lands of the AdvanceScaffold Corporation, South 65 degrees 15 minutes West 81.59 feet to a point in a line of thelands of the aforementioned railroad; thence along said lands, North 24 degrees 45 minutes West

30.00 feet to the point and place of beginning.

PREMISES IIBII

ALL THAT CERTAIN parcel of land, situate in the Township of Bensalem, County of Bucks

and Commonwealth of Pennsylvania, bounded and described according to a plan of a survey

made by Pickering, Corts & Summerson, Inc., dated October 25,1976 as follows, to wit:

BEGINNING at a copperweld monument set in the centerline of Gravel Pike, also known as

Byberry Road, T-312 (33 feet wide) at a distance of 166.94 feet measured along the centerline ofsaid pike on a bearing of North 21 degrees 24 minutes 45 seconds West from its point ofintersection with the centerline of Woodhaven Drive (50 feet wide); thence from the point ofbeginning and along the centerline of Gravel Pike, also known as Byberry Road (abandoned)

crossing a 50 foot wide utility easement, North 21 degrees 24 minutes 45 seconds West 71.56

feet to a copperweld monument set in the Southerly right-of-way line of Consolidated RailCorporation; thence by the same, on a line parallel with and 60 feet measured in a Southeasterlydirection at right angles from the centerline of the Southern most track (being also 78.56 feetmeasured in the Southeasterly direction at right angles from the centerline of the said railroad)North 65 degrees 15 minutes East 425.99 feet to a copperweld monument set for a corner; thence

by land of the Philadelphia and Trenton Railroad Company and land of Advance ScaffoldCorporation crossing a 50 foot wide utility Easement, South 24 degrees 45 minutes East7l.44feet to a point; thence continuing by the last mentioned land and land of the Bucks CountyIndustrial Development Authority and passing partly through a one-story masoffy warehouse

South 65 degrees 15 minutes West 430.16 feet to the poirtt and place of beginning.

Being the same premises which French-Palm, LC, a Florida corporation by Deed dated

512212007 and recorded 8/3112007 in Bucks County in Land Record Book 5519 Page 1063

conveyed unto Kevin P. Maier and Marian F. Maier, Trustees under a Trust Agreement dated

June 30, 2000, in fee.

Together with all and singular the buildings, improvements, ways, streets, alleys, driveways,

passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances,

whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the

reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest,

property, claim and demand whatsoever of the said Grantor, as well at law as in equity, of, in, and

to the same.

To Have And To Hold the said buildings, improvements, hereditaments and premises

hereby granted, or mentioned, and intended so to be, with the appurtenances, unto the said Grantee,

her heirs and assigns, as tenants by the entireties.

And the said Grantor, its successors and assigns does covenant, promise and agree, to and

with the said Grantee, her heirs and assigns, by these p.lesents, that it, the said Grantor, its

successors and assigns, all and singular the hereditaments and premises hereby granted ormentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and

assigns, against the said Grantor, its successors and assigns, and against all and every person and

persons whomsoever lawfully claiming or to claim the same or any part thereol by, from or under

him, her, them, or any of them, shall and will WARRANT and forever DEFEND.

Attest: Kevin P. Maier and Marian F. Maier, Trustees2000

COMMONWEALTH OF PENNSYLVANIA :

:SS

COLINTY OF BUCKS :

Signed and sworn to before me the 20th of December, 2019, b5' Kevin P' Maier and Marian F'Maier, the Trustees of Kevin P. Maier and Marian F. Maier, Trustees under a Trust Agreement

of the Corporation.

Notary Publii

ffi;.."" "i""'""ii.t M Lydic Notary Publi';

Mv commission expires March 25 ' 202C

Commissionnumber 1226775 --

ffionofNotirri4'

Affix stamBucks CountY

BY:Kevin P.

Kevin P. Maier and Marian F. Maier, Trustees under a Trust Agreement dated June 30,2000

Grantor

TO:

J&B Associates Group, LLC, a Pennsylvania Limited Liability Company Grantees

PREMISES:

1620 Woodhaven DriveTax Parcel # 02-060-013-002 and 02-060-014-001

Bucks County, Pennsylvania

'6Yt"\q.JEFFREYP. GARTONJOSEPH S. BR]TTONDOUGLAS C. MALONEYTHOMAS J. PROFY, IV*fFRANCISX. DILTONJOHNA. TORRENTE*STEVENM. JONESSTEPI{EN A. CORR*MICHAEL J. MEGINNISSBREANDANQ. NEMEC*SIOBHAN TIMMERMANTBRENDANM. CALLAHAN*SARAH C. BRUCIEAIMEEE, SCHNECKERBRYCE H. MCGUIGAN*BRADLEYR. CORNET'T*

*Member of PA & NJ Bars

fMaster of Laws (Taxation)

OF COUNSELTHOMASJ. PROFYtrI

JOHNP. KOOPMANJAMESA. DOWNEY, trI

SCOTT A. PETR]FRANKA, FARRYCOLINM. JENEI*

TIIOMASE. HORA

IVEW'HOPE OFFICE123 W. BRIDGE STREET

NEW HOPE, PA 18938215.862.0701

680 MIDDLETOWN B OULEYARDP.O. BOX 308

LANGHORNE, PENNSYLYANIA 19047 -0308TELEPHONE: 215.750.0110

FAXI 215.750.0954

MICIIAEL J. MEGINNISS, ESQUIRI

February 11,2020

Bensalem TowrrshipBuildir-rg and Planning Department2400 Byberry Roacl

Bensalem, PA 19020

ATTN: Ken Farrall, Director

Rb 1717 Woodltaven Drive - Bensalem, Pennsylvania

Dear Mr. Farrall:

Please accept for filing or-r behalf of the owner, the enclosecl application for variances at the

above,referencecl location for the proposed building additiolr. Accordingly, enclosed please findtl-rirteen (13) copies of the Application and Plan with related documents, along with our client'scheck in the amount of $1,500.00 which I understand represents the filing fee.

lf ar-rything further is required, please let rne know.

As always, thank you for your consideration.

Very truly yours,

MJM,/ergEnclosures

cc(Verrc), Loretta V.

rr(br)r-Michael J. Mesinnisf)

Alston (uia email" - ktlston@bercalempa. gou)

www.begleycarlin.com

Pennsvlvania SteelCompiny, lnc.

:lPO Box 40 :

Bensalentt,PA t902A

M 0 5 8421,

February 07 ,2020

PAY TO THEoRDER oF BENSALEM TOWNSHIP

k * * * * * * * * * * * * * * * * ** * * * * * * * * * * **

BENSALEM TOWNSHIP24OO BYBERRY ROADBENSALEM, PA 19020

il'0 58r. ? lil. t:0I I lo d15 5ri I e 5E qil.

M058421pennsylvania stee! company, inc.

lnvoice Date

BENSALEM TWP ZONING 2NI2O

CheckAmount:

Payment Discount

$1,500.00 $0.00

$ 1,5oo.oo

Description

58421