Alan Nochumson, left, and Alex Goldberg, right, with Nochumson P.C. Courtesy photosCommonwealth Court Overturns Zoning Board’s Denial Based on Merger Doctrine and Unnecessary Hardship Questions
The Pennsylvania Commonwealth Court recently issued an opinion in Craft Custom Homes v. Zoning Hearing Board of Newtown Township, in which it analyzed both the merger doctrine and the requirements for satisfying the unnecessary hardship requirement for a zoning variance request.
January 31, 2025 at 12:59 PM
9 minute read
The Pennsylvania Commonwealth Court recently issued an opinion in Craft Custom Homes v. Zoning Hearing Board of Newtown Township, 2025 Pa. Commw. Unpub. LEXIS 27 (Nov. 7 2024), in which it analyzed both the merger doctrine and the requirements for satisfying the unnecessary hardship requirement for a zoning variance request.
In the early 1950s, Mary Gaeto and her husband purchased three parcels in Newtown Square, Pennsylvania, the opinion said. These parcels, known as the Gaeto Parcels, became nonconforming lots in 1959 when Newtown Township amended its zoning ordinance to require a minimum lot size of 12,000 square feet, the opinion said.
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