ZONING HEARING BOARD
MINUTES – SEPTEMBER 21, 2004
The regular meeting of the Zoning Hearing Board of the
Those present:
Zoning Hearing Board: Barbara Kirk, Chairman
Rudolph Mayrhofer, Vice Chairman
David Malinowski, Secretary
Others: Nancy Frick, Director Zoning, Inspection & Planning
Robert Habgood, Code Enforcement Officer
Drew Wagner, Township Engineer
Allen Toadvine, Zoning Hearing Board Solicitor
Pete Stainthorpe, Supervisor Liaison
Absent:
APPEAL #04-1274 – SUNRISE DEVELOPMENT, INC.
Ms. Kirk stated the Board received a letter from the Applicant’s attorney, Edward
Murphy, dated 9/17/04. This letter was marked as Exhibit B-3. In it the Applicant
requested that the Hearing be continued until the next meeting to be held on 10/5/04.
She added that the Applicant is trying to resolve certain issues concerning this proposed
Application with the Township and nearby residents.
Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to
continue this matter until 10/5/04.
APPEAL #04-1279 – AAA DEVELOPMENT & MANAGEMENT, INC.
Ms. Kirk stated the Board received a letter from the Applicant’s attorney, Stephen
Goldstein, dated 9/21/04 requesting a continuance from today’s Hearing to the next
Board meeting to be held on 10/5/04. The Applicant is waiving any required timeframe
under the Pennsylvania Municipalities Planning Code.
Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to
continue this matter until 10/5/04.
September 21, 2004 Zoning Hearing Board – page 2 of 3
APPEAL #04-1280 – FRANK OLIVETI
Mr. Frank Oliveti and Ms. Lisa Oliveti were sworn in. Ms. Kirk stated the Application
submitted by Mr. Oliveti for the property at
Exhibit A-1. She stated attached to that Application is a multi-page document entitled
Manor Lane South Plan of Survey made for Penn Valley Constructors, Inc.
Mr. Toadvine stated the critical exhibit is the exhibit
entitled Plan of Survey for
Mr. Olivetti stated he is planning to build a walk-in closet off the bedroom. He noted
Page 2 of 3 on the Plan View and stated it will abut the house on one side and the garage
on the rear side. He stated because they are in the 100 year flood zone, he had to apply
for a Variance. He stated this will be built on posts and not on a block foundation and
will be attached to the house. He noted Page 3 of 3 showing the construction and how it
ties into the existing structure. Mr. Oliveti stated the Plans were approved by the
Building Department.
Ms. Kirk stated it appears because of the front yard setback and the floodplain issues,
they were required to appear before the Zoning Hearing Board. She asked the size of the
addition, and Mr. Oliveti stated it will be 10’ by 12’ and will be toward the rear of the
house. This portion sits in the floodplain zone. The relief for the front yard setback is
required because they plan to eventually add a kitchen addition to the front of the house.
Mr. Oliveti stated because they had to go before the Zoning Hearing Board for the walk-
in-closet, he felt it was best to add this to the Application and get both resolved at the
same meeting. This will require a front yard setback Variance. The Township requires
75’ and they only have 40’. With the proposed addition, it will be 36’. The proposed
addition is 15’ by 4’. This is a one-story addition.
Ms. Kirk asked when they plan to proceed with this addition. Mr. Oliveti asked how long
the Variance would be good for, and Ms. Kirk stated they would have to apply for a
Building Permit for this within six months of the Zoning Hearing Board approval.
Ms. Kirk asked the location of
Rock Road below the Canal. Ms. Kirk asked if they experienced any flooding in light of
the recent conditions in the Township over the weekend, and Mr. Oliveti stated they did
not have any problems.
Mrs. Oliveti stated they discussed their plans with the neighbors on either side and they
had no objection.
September 21, 2004 Zoning Hearing Board – page 3 of 3
Mr. Toadvine asked the setbacks of the homes on either side. Mr. Oliveti stated this
addition will set them ahead of the adjacent neighbors by 4’ for the portion of the
addition.
There was no public comment.
Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to
approve the request as presented.
OTHER BUSINESS
There was discussion on pending Appeals. After discussion it was agreed that the
meeting on October 19, 2004 would be canceled. The meeting scheduled for Tuesday,
November 2 will be changed to Wednesday, November 3 because of Election Day.
Mr. Malinowski moved, Mr. Mayrhofer seconded and it was unanimously carried to
cancel the meeting scheduled for October 19, 2004.
It was noted that the Minutes of August 17, 2004 should be amended to show that
Mr. Malinowski was absent and Mr. Dobson was present.
There being no further business, Mr. Malinowski moved, Mr. Mayrhofer seconded and it was unanimously carried to adjourn the meeting at 7:45 p.m.
Respectfully Submitted,
David Malinowski, Secretary