ZONING HEARING BOARD
MINUTES – APRIL 19, 2005
The regular meeting of the Zoning Hearing Board of the
Zoning Hearing Board: Rudolph Mayrhofer, Vice Chairman
David Malinowski, Secretary
Paul Bamburak, Member
Greg Caiola, Alternate
Others: Robert Habgood, Code Enforcement Officer
Allen Toadvine, Zoning Hearing Board Solicitor
Steve Santarsiero, Supervisor Liaison
Absent: Barbara Kirk, Zoning Hearing Board Chair
APPEAL #04-1301 – LINDA OBERKOFLER
Ms. Linda Oberkofler was sworn in. Mr. Mayrhofer asked that the Application that was
submitted be marked as Exhibit A-1. Attached to the Application is a one sheet plan of
Ms. Oberkofler stated they already have an existing fence and shed on the property and
are seeking a Variance so that they are not required to move them. She stated if they
were to move the fence 15’ as required by the Ordinance, there is an old grove of trees
which they feel would be impacted if they installed the fence posts in that location.
Mr. Habgood noted this is a buffer easement from
is no impervious surface problem.
Mr. Malinowski asked how they obtained the permit to install at this location.
Ms. Oberkofler stated the contractor filled out the form and she submitted it to the
Township. The contractor was provided the permit by the homeowner. She stated while
the permit did say there was a 25’ buffer easement, she did not read this and simply gave
it to the contractor. Mr. Malinowski asked what made her realize that they had to obtain
a Variance. Ms. Oberkofler stated she came to the Township in December to obtain a
Variance to install the front porch and when the architect drew up the plans and showed
the location of the fence and the shed they noticed that it was in the easement.
April 19, 2005 Zoning Hearing Board – page 2 of 3
Mr. Habgood stated the permit for the fence did indicate that the fence should not go in
the buffer easement. There was no permit issued for the shed. Mr. Bamburak asked if a
permit is required for a shed of this size, and Mr. Habgood stated it is required.
Mr. Caiola asked the purpose of the buffer easement. Mr. Habgood stated it is to provide
buffer from the road. He stated trees are often planted in buffer easements to reduce
noise from the road.
Mr. Mayrhofer asked if Ms. Oberkofler had any photographs of the site, and these were
provided tonight by Ms. Oberkofler. Mr. Mayrhofer asked if there are fences on
Valley Road on adjacent properties which are in line with her fence. Mr. Oberkofler
stated the people on the left face
their back yard as the Oberkofler’s side yard. Mr. Mayrhofer stated it appears from the
photographs that the trees are between the fence and the roadway.
Mr. Mayrhofer stated the Board would attach conditions to any approval including that
the fence would not disturb or interfere with the existing drainage pipe and if for any
reason access was needed to the drain pipe or through the easement by the Township, the
Applicant would agree to remove and replace the fence at their own cost and expense.
Mr. Toadvine stated he is not certain that the first condition would be applicable since it
is not known if there is a drainage pipe in this area. Ms. Oberkofler stated to her
knowledge, there are no drainage pipes in this area as they are in the front.
Mr. Toadvine asked how long the fence has been on the property, and Ms. Oberkofler
stated it is been there approximately four years and the shed has been there for two years.
Mr. Toadvine asked the location of the shed, and Ms. Oberkofler stated shed is inside the
There was no one present in the audience to comment on this matter.
Mr. Bamburak moved, Mr. Dobson seconded and it was unanimously carried to approve
the Variance as requested with the condition that if for any reason access is needed
through the easement by the Township, Applicant agrees to remove and replace the fence
at their own cost and expense.
APPEAL #04-1267 – RONALD AND SUSAN RICHARDSON
Mr. Toadvine stated a request for an Extension was received from Mr. and Mrs.
expired. They are requesting an Extension and have indicated they will begin the project
this week. Mr. Habgood stated he believes this was for a shed in the rear yard setback.
April 19, 2005 Planning Commission – page 3 of 3
Mr. Malinowski moved, Mr. Caiola seconded and it was unanimously carried to grant an
Extension until July 20, 2005.
There being no further business, Mr. Malinowski moved, Mr. Dobson seconded and it was unanimously carried to adjourn the meeting at 7:45 p.m.
David Malinowski, Secretary