When a resident of the Yorktown III planned residential development inquired with Richland Township about what permits to secure before building a deck for their townhouse, the township’s investigation into the development revealed that several townhouses with existing decks and one townhouse with a gazebo had no building or zoning permits on file.

The structures encroached onto the 40-foot setback from Yorktown Drive, and modifications of a PRD require a public hearing to settle.

Resident Verna Feather asked for an explanation as to why the board used the term modification to describe the process.

“You used the word modification, but I haven’t changed my home once since I moved here eight years ago,” she said.

Township solicitor Emily Mueller clarified that the modification refers to the PRD, not the house itself.

Another resident, Sandy Como, expressed some confusion about the state of the townhouses as a neighborhood resident for the past 32 years.

“The first person who bought the house put in the gazebo without any permission, the gazebo enticed the second person who purchased the house, and the current owner, Verna, also loved the gazebo when she bought it, and now she’s being punished for something that happened 32 years ago … why was nothing done all of these years?”

Mueller said the Yorktown HOA has nothing to do with the township.

“The township has no authority over HOA rules. The only concern of the township is if there’s a violation of an ordinance. We want to work with the residents rather than issue citations or impose fines,” Mueller said.

Township manager Dean Bastianini said that the township was responsible for rectifying the issue when they learned of it. Since the original homeowners built the decks without building or zoning permits from the township, there’s no guarantee of their structural integrity — which is a safety concern.

“The purpose of this tonight is to make these structures legal,” Mueller said during a public hearing on the matter on March 15.

Chairman Ray Kendrick closed the public hearing with no further comments from the floor or the board. The board then considered a motion to permit existing structures at Carters Grove to encroach into the 40-foot setback from Yorktown Drive within the Yorktown III PRD. The motion was approved unanimously.

Following this approval at the meeting, the residents will receive letters from the board of supervisors stating that they have granted the modifications that the residents requested. The zoning officer, Scott Shoup, will issue zoning certificates for the structures. He will also have to inspect the decks and issue building permits, providing no corrective measures are to be taken.

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