Scott A. Lutz, 5320 Little Gap Road, Kunkletown, has filed a land use appeal challenging a decision made by the Lower Towamensing Zoning Hearing Board, which is the defendant in the case.
In the filing, Lutz said the appeal involves land owned by Harry L. and Elaine D. Eckhart, 5260 Little Gap Road, Kunkletown, which the Eckharts proposed to subdivide to create a new five-acre building lot and leave the remaining acreage at 115.54.
Lutz says the zoning hearing board, after a hearing on Oct. 23, 2012, found that a right-of-way servicing the Eckhart property was referenced in a subdivision that subdivided adjacent property to the Eckhart farm, and included the lot which was eventually purchased by Lutz. The board said since the plan was approved by the board of supervisors, the right-of-way became an approved private street in accordance with the township's zoning ordinance and, as such, a variance was not needed by the Eckharts because the proposed lot is located on an approved private street.
Lutz contends that determination was an incorrect interpretation that the existing dirt lane right-of-way servicing the Eckhart property qualifies as an approved private street, and that a variance was needed by the Eckharts.
The appellee asks the court to reverse the decision of the zoning board and find the township's zoning ordinance requires a variance in order to approve the Eckhart subdivision plan.
Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Fort Mill, S.C., has filed a mortgage foreclosure complaint against Karen Matosin, administrator of the Estate of Dana M. Lewis, a/k/a Dana M. Lewis and Dana M. Naftzinger, 13 Happy Valley Road, Orwigsburg, over a property on Railroad Street in Nesquehoning. Sought is $62,381.72 plus interest, costs and attorney's fees.
Revenue from deeds
Carbon County Recorder of Deeds Emmett P. McCall reported his office recorded 183 deeds, 202 mortgages and 401 other writs during the month of December.
As a result of those transactions, McCall turned over to the Carbon County General Fund the sum of $28,544.83. A breakdown of that revenue includes: transfer fees, $23,143.50; data processing fees, $2,111.27; notaries, $30; commission on transfers and writs, $2,201.66; and Affordable Housing administrative fee, $1,058.40.
McCall remitted $393 in state writ taxes to the Commonwealth of Pennsylvania Department of Revenue, while Carbon County municipalities and school districts shared realty transfer tax disbursements totaling $109,448.46, the same amount that was forwarded to the state in realty transfer taxes.
McCall deposited $2,358 in the Recorder of Deeds Record Improvement Fund and $1,572 in the Carbon County Records Improvement Fund, these being fees assessed by state law on each transaction for records management needs. An additional $17,319.50 was collected and remitted to the state for its Judicial Computer System program.
Also, $5,997.60 was collected last month for the Affordable Housing Program in Carbon County.
In all, funds collected in the Recorder's office last month amounted to $275,081.85.