The regular meeting of the Zoning Hearing Board of the Township of Lower Makefield was held in the Municipal Building on March 6, 2007.  Chairman Kirk called the meeting to order at 7:30 p.m.


Those present

Zoning Hearing Board:           Barbara Kirk, Chairman

                                                David Malinowski, Vice Chairman

                                                Paul Bamburak, Secretary

                                                Jerry Gruen, Member

                                                Paul Kim, Alternate


Others:                                    Robert Habgood, Code Enforcement Officer

                                                John Donaghy, Township Solicitor

                                                James Majewski, Township Engineer

                                                Allen Toadvine, Zoning Hearing Board Solicitor

                                                Ron Smith, Supervisor Liaison


Absent:                                    Gregory Smith, Zoning Hearing Board Member





Ms. Kirk stated this matter had been continued from the February 6, 2007 meeting.

Mr. Orloff and Ms. Grace were present and were sworn in.  Ms. Kirk stated this matter

had been scheduled before the Board in February but the Applicants had requested a

continuance because they were out of town.    She stated in the interim Mr. Majewski

explained to the Board that the Applicants had made Application through the Bucks

County Conservation District for funding and possible Grants to help alleviate the issues

with respect to the flooding on the property.  She stated they were also advised by

Mr. Majewski that the Conservation District misplaced the paperwork the Applicants had

filed and were asking them to resubmit the paperwork.  She understands that

Mr. Majewski has had them sign the additional documents the Conservation District

needs for that Application, and Mr. Majewski agreed.  Ms. Kirk stated she understands

that Mr. Majewski anticipates that it will take approximately six months for the

Conservation District to review everything and come up with a Plan and funding to help

assist them with the flooding at the property, and Mr. Orloff agreed.


Ms. Kirk asked if they would like to proceed with the Appeal or continue it for six

months, and Mr. Orloff stated they would agree to a continuance.  Ms. Kirk stated under

the Code there is a requirement that the Zoning Hearing Board must act on an Appeal

March 6, 2007                                                              Zoning Hearing Board – page 2 of 4


within a certain time period, and Mr. Orloff stated they would agree to waive those time

restrictions in order to have the matter continued until September, 2007; and he added

that he has signed a letter indicating this.  This letter was marked as Exhibit B-4.  The

letter is dated March 6, 2007 addressed to Lower Makefield Township Zoning Hearing

Board indicating that the Extension will run to 11/1/07, and that they are waiving the time

limits pursuant to the Municipalities Planning Code.


Ms. Grace asked Mr. Majewski if this will cover the water running off the road, and

Mr. Majewski stated it does not.  She stated they are taking all of the Township’s water

like a drainage ditch.  Ms. Kirk stated this matter is not part of the pending Application

before the Zoning Hearing Board and possibly Mr. Majewski could discuss this with the

Board of Supervisors. 


Ms. Kirk moved, Mr. Bamburak seconded and it was unanimously carried to continue the

matter to September 4, 2007.





Ms. Kirk noted Mr. Toadvine received a letter from the Applicants’ attorney dated 2/2/07

requesting that the matter be continued until a meeting after the Board of Supervisors so

that the Applicants can meet with the Board of Supervisors to address some issues

concerning the Application.  Mr. Toadvine stated this letter was from Edward Murphy,

attorney, and waived the time limit pursuant to the MPC.  This letter was marked as

Exhibit B-1.


There was no one present to discuss this matter.


Ms. Kirk moved, Mr. Bamburak seconded and it was unanimously carried to continue the

matter to April 17, 2007. 





Robert and Tracy Thompson were sworn in.  The Application submitted was marked as

Exhibit A-1.  Attached to the Application was a Plan dated 1/8/07 which was marked as

Exhibit A-2.


Ms. Thompson stated they bought the home at 8 Scammel Drive and made settlement in

September, 2006.  She stated they were interested in a ranch home as they plan on

bringing in their parents as they age.  She stated they hoped to be able to expand the

kitchen and bedroom area but were not aware of the Lower Makefield Zoning

requirements.  They have since found out that they need a Variance in order to expand

their home.

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Ms. Kirk stated it appears that they will put on two separate additions off the first floor. 

She stated one will be located over an existing concrete patio and wall area that is to be

removed, and Ms. Thompson agreed.  Ms. Kirk stated this addition is labeled as being

504 square feet.  She stated the second addition is on the opposite side in the back of the

building and is an additional 226 square feet.  Ms. Thompson stated the larger addition

would be the kitchen addition and the other side would be the bedroom area.


Ms. Kirk stated with the two additions and removing the existing concrete patio, it

appears that they will be installing an additional 472 square feet of impervious surface. 

This includes both additions minus the concrete patio to be removed.  Ms. Kirk asked if

the Applicants reviewed the numbers on the Plan with the surveyor who prepared them,

and Ms. Thompson stated she did; and to the best of her knowledge, this information is



Ms. Kirk asked how the water flows on the property when it rains.  Ms. Thompson stated

the basement was dry after the recent heavy rains.  She stated they have only been living

in the home for two to three weeks, but the previous owners indicated that the basement

was dry.  Ms. Thompson stated after the most recent rain, there were no puddles on the

property.  Ms. Kirk asked if they have had the opportunity to discuss their plans with

their neighbors; and Ms. Thompson stated they did discuss them with a few of their

neighbors.  They have not heard any complaints. 


Mr. Kim stated the Application stated they are adding 752 square feet, and Ms. Kirk

stated the proposed additions total 752 square feet, but a section of existing concrete is to

be removed of 250 square feet so the net effect is an additional 502 square feet.  This will

result in impervious surface of 20.6%.  Mr. Kim asked about the concrete pad in the

middle of the two proposed additions, and Ms. Thompson stated it is a 3 by 3 pad where

there was a hose connection or an air-condition pad.


Mr. Gruen asked if they are adding a kitchen or enlarging it.  Ms. Thompson stated the

existing kitchen is in the middle.  Mr. Gruen noted the 7.5 foot by 25 foot proposed

addition; and Ms. Thompson stated this will be the master bedroom, bathroom, and closet

will be in this area.  On the left behind the garage, it will go right into the kitchen with the

TV room beyond the kitchen area.  Mr. Gruen asked if they have considered expanding

upstairs; and Ms. Thompson stated they were interested in a ranch as both she and her

husband have bad knees, and they are planning on bringing in their parents in the future. 


Ms. Kirk asked if they knew that the property was already at the limit for impervious

surface when they purchased it, and Ms. Thompson stated they did not know anything

about the impervious surface.  She stated the prior homeowners had moved in June and

were not available, but there were drawings on the table when they looked at the house as

part of the sale so they assumed that the prior owners were planning on expanding the

property; and as the new owners, they then continued on with this plan. 

March 6, 2007                                                              Zoning Hearing Board – page 4 of 4



Mr. Gruen asked if they could have their parents live on the first floor, and

Mr. and Mrs. Thompson live on the second floor; and Ms. Thompson stated they did not

want to go into a two-story home. 


There was no public comment.


Mr. Bamburak moved and Mr. Kim seconded to grant a Variance to increase impervious

surface to 20.6%.  Motion carried with Mr. Gruen opposed. 





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


Ms. Kirk stated Mr. Toadvine has received a letter from Robert Sugarman, attorney

representing RAM and Dana Weyrick with respect to the Appeal which was filed

concerning the Matrix property.  The letter dated 2/21/07 indicates that the Applicants are

withdrawing the Appeal which was previously filed as they are satisfied with the

Stipulation that was entered.  The letter was marked as Exhibit A-1.


Ms. Kirk moved, Mr. Malinowski seconded and it was unanimously carried that the

Zoning Hearing Board accept the withdrawal of the Appeal so that this matter which was

continued until August, 2007 can be cancelled. 



Cancel March 20, 2007 Meeting


Ms. Kirk stated given that there are no new Appeals for March 20, 2007, the Zoning

Hearing Board could cancel the meeting.  Mr. Malinowski moved, Mr. Bamburak

seconded and it was unanimously carried to cancel the Zoning Hearing Board meeting of

March 20, 2007.



There being no further business, Mr. Malinowski moved, Mr. Bamburak seconded and it was unanimously carried to adjourn the meeting at 7:50 p.m.


                                                                        Respectfully Submitted,




                                                                        Paul Bamburak, Secretary