MAY 18, 2004




The regular meeting of the Lower Makefield Township Zoning Hearing Board was held on Tuesday May 18, 2004 in the Lower Makefield Township Municipal Building.  Ms. Kirk called the meeting to order at 7:30 p.m.



                                                                                                RUDOLPH MAYRHOFER

                                                                                                DAVID MALINOWSKI

                                                                                                DARWIN DOBSON


                                    OTHERS                                             ALLEN TOADVINE

                                                                                                SALLY DORNER





Letter from applicants dated 5/12/04 was received from applicants requesting continuance for 30 days was marked as Exhibit B-1.   Motion made by Ms. Kirk granting 30 day continuance to 6/15/04.  Motion seconded by Mr. Dobson and carried.





James J. Auchlinleck, Jr., Esq. Appeared together with the applicant.  Application was marked as Exhibit A-1. 


Mr. Auchlinleck reviewed the plans with the board and proposed request of the owners to construct a 20’ by 24’ two-car garage on the property which will result in impervious surface of 26.5%.  Presently there is 25.9% existing.  Most of the garage will be placed over existing impervious.  Presently the residence has no garage.    He noted that this lot is presently non-conforming.   Mr. D’Andrea explained where vehicles are presently located on the property.  Mr. Auchlinleck asked why the garage was not placed closer to the house.  Mr. D’Andrea advised problems with moving it closer including a drain to the canal. 


Mr. Kirk asked if the calculations presented with the plan are the exact calculations.  She noted applicant did not indicate that the tree was not shown on the plan.  This would break up some of the impervious surface.  Mr. Toadvine noted the area of the tree appears to be substantial.  Mr. Auchlinleck reviewed the plans with the board and noted a tree is in the impervious area. 


It was noted the two trees do not affect the impervious surface calculations.  Mr. Auchlinleck noted the gardens shown on the plan are pervious. 


Mr. Auchlinleck stated they requesting they be allowed to build the garage over part of the pavement.  Ms. Kirk asked if there are plans in the future to concrete the spaces between the bricks in the patio.   Mr. D’Andrea stated there are no plans to do this.  He stated he would be agreeable, if the board granted the request that this would be a condition. 


Mr. Toadvine noted the impervious calculations are off  - 26.6 rather than 26.5%. 


Mr. Toadvine noted the property backs up to the canal and slopes toward the canal. 



Motion made by Ms. Kirk granting request for variance from Section 200-23B to increase impervious surface to 26.6% and granting variance from Section 200-86B(3)(b) regarding expansion of a non-conforming structure with the condition that the applicant and subsequent property owners do not at any time cement, fill, concrete the brick spacing of the brick patio or any other brick areas on the property.  Motion seconded by Mr. Mayrhofer  and carried.





Appeal #03-1228 – John and Donna Mulvaney – Request for Extension

Letter has been received from Mr. & Mrs. Mulvaney dated 5/14/04 requesting extension for variance previously granted on 11/18/04.  Motion made by Ms. Kirk granting 6 month extension to 11/18/04.  Motion seconded by Mr. Mayrhofer and carried.


Ms. Kirk advised the meeting of 6/1/04 has been cancelled.  Meeting will be held 6/15/04.  Mr. Mayrhofer advised he will not be in attendance on 6/15/04


Mr. Toadvine advised he would contact the two appeals currently scheduled for 7/6/04 in order to have them continued to 7/20, thereby canceling 7/6/04 meeting.




There being no other business motion made to adjourn.  The meeting adjourned at 7:55 p.m.


                                                            Respectfully submitted,




                                                            David Malinowski, Secretary