MINUTES – APRIL 19, 2005



The regular meeting of the Zoning Hearing Board of the Township of Lower Makefield was held in the Municipal Building on April 19, 2005.  Vice Chairman Mayrhofer called the meeting to order at 7:30 p.m.


Those present:


Zoning Hearing Board:              Rudolph Mayrhofer, Vice Chairman

                                                David Malinowski, Secretary

                                                Paul Bamburak, Member

                                                Darwin Dobson, 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





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

Lot #30 entitled the Final As-Built dated 6/17/09 and this was marked as Exhibit A-2.


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 Oxford Valley Road.  He stated there

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 Oxford

Valley Road on adjacent properties which are in line with her fence.  Mr. Oberkofler

stated the people on the left face Oxford Valley Road and the people on the right have

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

fenced area. 


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.





Mr. Toadvine stated a request for an Extension was received from Mr. and Mrs.

Richardson.  He stated the Board granted a Variance on July 20, 2004 which has now

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.



                                                                        Respectfully Submitted,





                                                                        David Malinowski, Secretary