COTTONE v. ZONING HEARING BD. OF POLK TP.

No. 292 C.D. 2007.

954 A.2d 1271 (2008)

Mary Ann COTTONE and Reflection Builders Enterprise, Inc., Appellants, v. ZONING HEARING BOARD OF POLK TOWNSHIP.

Commonwealth Court of Pennsylvania.

Decided August 15, 2008.


Attorney(s) appearing for the Case

Daniel P. Lyons, Stroudsburg, for appellants.

Robert C. Lear and Richard E. Deetz, Stroudsburg, for appellees, Zoning Hearing Board of Polk Township and Township of Polk.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, LEAVITT, Judge.


OPINION BY Judge LEAVITT.

Mary Ann Cottone (Cottone) and Reflection Builders Enterprise, Inc. (collectively, Landowners) appeal an order of the Court of Common Pleas of Monroe County (trial court) holding that Cottone cannot build a house on her .3-acre lot because the zoning ordinance requires a minimum one-acre lot for a house served by well water and on-lot sewage treatment. Cottone's lot was part of a subdivision plan approved by the County and the Township but...

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