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CARL D'AMICO v. BOARD SUPERVISORS (06/04/87)

decided: June 4, 1987.

CARL D'AMICO, APPELLANT
v.
BOARD OF SUPERVISORS, TOWNSHIP OF ALSACE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Berks County, in case of Carl D'Amico v. Board of Supervisors, Township of Alsace, No. 212 November, 1984, AD.

COUNSEL

Barry W. Sawtelle, with him, Stephen B. Lieberman, Lieberman & Rothstein, P.C., for appellant.

Eugene C. LaManna, Austin, Boland, Connor & Giorgi, for appellee.

Judges MacPhail and Barry, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 106 Pa. Commw. Page 412]

Carl D'Amico (Appellant) has appealed from an order of the Court of Common Pleas of Berks County which affirmed the denial of his sewage permit application by the Board of Supervisors of Alsace Township (Board).

On August 7, 1984, Appellant filed an application for an individual sewage disposal system for a residence in Alsace Township. The application was denied by the Township's Sewage Enforcement Officer (SEO) on August 16, 1984, based on the recommendations of a professional engineer retained by the Township. Appellant subsequently requested a hearing before the Board pursuant to the Local Agency Law, 2 Pa. C.S. ยงยง 551-55 and 751-54. Following the hearing which was held on October 10, 1984, the Board affirmed the denial of the sewage permit based on the following reasons:

[ 106 Pa. Commw. Page 413]

A. Applicant, Carl D'Amico, did not file topographical survey as requested. . . .

B. Applicant, Carl D'Amico, did not conduct second probe test as required.

C. Applicant, Carl D'Amico, did not conduct soil survey as requested by the Sewage Enforcement Officer.

D. Applicant, Carl D'Amico, failed to submit revised plan showing change in system to be installed.

Board Adjudication, Fact Finding No. 7. The Board's decision was affirmed on appeal to the court of common pleas, ...


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