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JOSEPH KULAK AND HELENA KULAK AND HERBERT K. CARVER AND MARUSO CARVER v. ZONING HEARING BOARD BRISTOL TOWNSHIP. APPEAL HERBERT K. CARVER AND MARUSO CARVER (09/07/89)

decided: September 7, 1989.

JOSEPH KULAK AND HELENA KULAK AND HERBERT K. CARVER AND MARUSO CARVER
v.
ZONING HEARING BOARD OF BRISTOL TOWNSHIP. APPEAL OF HERBERT K. CARVER AND MARUSO CARVER, APPELLANTS



Appeal from Common Pleas Court, Bucks County, Honorable Oscar S. Bortner, Judge.

COUNSEL

James M. McMaster, Smith and McMaster, P.C., Newtown, for appellants.

James J. Auchinleck, Jr., McCoy and Auchinleck, Newtown, Stan C. Kelton, Bensalem, for appellee.

Craig, Doyle and Palladino, JJ.

Author: Craig

[ 128 Pa. Commw. Page 458]

Herbert and Maruso Carver appeal an order of the Court of Common Pleas of Bucks County which affirmed in part and reversed in part a decision of the Zoning Hearing Board of Bristol Township.

The Issues

The issues we must resolve are: (1) whether a special exception automatically lapses whenever there is non-compliance with a condition attached to the special exception; and (2) whether a zoning hearing board can subject a residential special exception to a condition depending upon the personal identification of the occupants.

The Facts

The Carvers entered into an agreement of sale with Joseph and Helena Kulak to buy a multiple-unit dwelling in

[ 128 Pa. Commw. Page 459]

Bristol Township. The sale agreement required the Kulaks, as legal owners of the property, to apply to the township for a permit to continue using the property as a three-unit apartment building. The township denied that request, and concluded that the special exception which the township had granted to a previous owner of the building in 1966 had "lapsed" because the Kulaks had violated a condition attached to the 1966 grant of the ...


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