MINUTES – MARCH 21, 2006


The regular meeting of the Zoning Hearing Board of the Township of Lower Makefield was held in the Municipal Building on March 21, 2006.  Chairman Kirk called the meeting to order at 7:35 p.m.


Those present:


Zoning Hearing Board:  Barbara Kirk, Chairman

                                                Rudolph Mayrhofer, Vice Chairman

                                                David Malinowski, Secretary

                                                Paul Bamburak, Member


Others:                                     Robert Habgood, Code Enforcement Officer

                                                James Majewski, Township Engineer

                                                Allen Toadvine, Zoning Hearing Board Solicitor


Absent:                         Darwin Dobson, Zoning Hearing Board Member

Paul Kim, Zoning Hearing Board Alternate

                                                Grace Godshalk, Supervisor Liaison




Mr. Kelsey Banks and Ms. Melanie Banks were present and were sworn in.  The

Application submitted was marked as Exhibit A-1.  Attached to this was a hand-drawn

Plan of the subject property date stamped 2/17/06 by the Township, and this was marked

as Exhibit A-2.


Mr. Banks stated they would like to add a garage onto the side of their home and turn the

old garage into family living space.  He stated they currently have 19.38% impervious

surface, and they are requesting permission to go to 20.98% which is an increase of 1.6%.


Ms. Kirk noted the Plan and asked the location of the existing garage.  Mrs. Banks stated

it is in the front right corner.  Ms. Kirk stated it does not appear to be in any part of the

section they have entitled “Proposed Addition,” and Mr. Banks agreed but noted the area

is basically all asphalt.  Mrs. Banks noted the dotted line on the Plan is the existing

driveway and the solid line is the proposed new garage and new driveway. 


Mr. Mayrhofer asked if they are moving the driveway somewhat, and Mr. Banks stated

they do need to centralize the driveway more on the garage.  The driveway is currently 9’

which is not wide enough.  He stated in the rain if they step out of the car, they are in

mud.  Ms. Kirk asked if they are widening the driveway to 12’, and Mr. Banks agreed

that this is part of the increase.  He stated they have three children under the age of three

and with strollers, etc; it is not practical with a car in the driveway. 

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Mr. Habgood stated he obtained similar percentages to those which were submitted by

the Applicant.


Ms. Kirk asked about stormwater, and Mr. Banks stated they are in Sandy Run on a hill,

and the water goes straight down to the left.


Mr. Joseph Sundeen, 1108 Pratt Drive, stated his only concern was how the water would

flow as he is downhill.  He feels the water will go toward the back of the yard.  He is not

opposed to the Application as it seems like a modest increase.  Mr. Banks stated he did

discuss this proposal with his neighbors.


Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to

approve 20.98% impervious surface.





Appeal #05-1318 – Dennis and Maria Salamandra


Ms. Kirk stated the Applicants have requested an Extension.  Mr. Toadvine stated the

request was for a Variance to the rear yard setback in order to construct an addition.

Mr. Habgood stated they have submitted the Plans but realized that they were outside the

six-month time period.  This is their first request for an Extension.


Mr. Malinowski moved, Mr. Mayrhofer seconded and it was unanimously carried to

grant a six month Extension.



Appeal #06-1357 – Dana Weyrick, Gary Cruzan and the Residents Against Matrix


Mr. Toadvine stated this matter was scheduled to be heard last Thursday as a Special

Meeting.  He stated it was felt that the Ordinance which was being challenged was going

to be repealed on Wednesday evening at the Board of Supervisors’ meeting, but this did

not occur.  As a result, they have asked for an Extension on the Application.  The dates

that have been proposed are Thursday, April 20, 2006 and Monday, April 24, 2006 which

are not regularly-scheduled Zoning Hearing Board meeting dates. 


Mr. Mayrhofer asked why they cannot meet on a Tuesday evening on a regular meeting

night, and it was noted Mr. Sugarman, the attorney for the Applicants, is not available on

those evenings.  Mr. Malinowski stated he does not feel they should continue to agree to

special dates and feels they should come on a regular meeting night.  Mr. Mayrhofer

noted possibly a different attorney from the firm could be present instead of


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Mr. Sugarman.  Ms. Kirk stated they currently have four items already scheduled for the

April 4th meeting and three on the April 18th meeting.  Ms. Kirk asked to what date

Mr. Sugarman extended the time period, and Mr. Toadvine stated he did not give a

specific time and it is extended up to the next meeting and he gave the two dates in April

previously noted.  Mr. Toadvine noted there is no deemed approval on a challenge to the

Zoning Ordinance.    It was noted some members of the Zoning Hearing Board were not

available on the two dates suggested by Mr. Sugarman.


It was agreed to re-schedule the matter to the first meeting in May which is Tuesday,

May 2, 2006.



There being no further business, Mr. Malinowski moved, Mr. Mayrhofer seconded and it

was unanimously carried to adjourn the meeting at 8:00 p.m.


                                                                        Respectfully Submitted,




                                                                        David Malinowski, Secretary