DiMartino v. Zoning Hearing Board

Opinion by

Judge Barry,

This appeal results from an order of the Court of Common Pleas of Delaware County which affirmed the decision of the Zoning Hearing Board of New-town Township (Board) denying an application for a special exception filed by Benito DiMartino (applicant) .

• Applicant purchased a lot in Newtown Township in 1959. He testified that he signed an agreement of sale in January, 1959; the closing, however, was not *500held until April 30, 1959, at which time a deed was issued to applicant. That deed was recorded in the Delaware County Beeorder of Deeds Office on May 7, 1959. The deed…