ZONING HEARING BOARD
MINUTES – MARCH 21, 2006
The regular meeting of the Zoning Hearing Board of the
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
Paul Kim, Zoning Hearing Board Alternate
Grace Godshalk, Supervisor Liaison
APPEAL #06-1360 – KELSEY AND MELANIE BANKS
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.
March 21, 2006 Zoning Hearing Board- page 2 of 3
Mr. Habgood stated he obtained similar percentages to those which were submitted by
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,
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
March 21, 2006 Zoning Hearing Board – page 3 of 3
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.
David Malinowski, Secretary