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You are Viewing an Archived IssuePosted: 04/17/13
Board grants O'Leary new
powers for encroachments
by KIMBERLY SCHERERFollowing the approval of an encroachment agreement for a Washington Township homeowner, the board voted to expand what the supervisor can approve without the entire board.
Observer Special Writer
The approval for the homeowner was recommended by the Zoning Board of Appeals and encroached into the 40-foot easement by about 8 feet.
Supervisor Dan O'Leary asked the board to include decks and roofs, for example, which overhang into the easement, to be included in what he can approve without the entire board's approval. Currently, he has the authority to approve fences and flatwork following the public works director's go-ahead.
"I'm not a big fan of these things, but there are certain situations where it makes sense," O'Leary said of easement encroachments.
"I don't intend to hand these out like candy."
O'Leary said the new addition would just be for overhangs, not footings. Requests such as that will still require board approval.
The board voted to approve O'Leary's request 5-2. Treasurer Linda Verellen and Trustee Art Grimes voted no.
O'Leary's approval of overhangs into easements must first have the public works director's confirmation that there will be no detrimental impact into the easement, must be recorded with the county, the homeowner must bear any cost of reparation to the property, and are responsible for dealing with any utility companies that have rights in the easement.