TOWNSHIP OF LOWER MAKEFIELD

ZONING HEARING BOARD

MINUTES – SEPTEMBER 21, 2004

 

 

The regular meeting of the Zoning Hearing Board of the Township of Lower Makefield was held in the Municipal Building on September 21, 2004.   Chairman Kirk called the meeting to order at 7:30 p.m.

 

Those present:

 

Zoning Hearing Board:  Barbara Kirk, Chairman

                                                Rudolph Mayrhofer, Vice Chairman

                                                David Malinowski, Secretary

 

Others:                                     Nancy Frick, Director Zoning, Inspection & Planning

                                                Robert Habgood, Code Enforcement Officer

                                                Drew Wagner, Township Engineer

                                                Allen Toadvine, Zoning Hearing Board Solicitor

                                                Pete Stainthorpe, Supervisor Liaison

 

Absent:                         Darwin Dobson, Zoning Hearing Board Member

 

 

APPEAL #04-1274 – SUNRISE DEVELOPMENT, INC.

 

Ms. Kirk stated the Board received a letter from the Applicant’s attorney, Edward

Murphy, dated 9/17/04.  This letter was marked as Exhibit B-3.  In it the Applicant

requested that the Hearing be continued until the next meeting to be held on 10/5/04.

She added that the Applicant is trying to resolve certain issues concerning this proposed

Application with the Township and nearby residents.

 

Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to

continue this matter until 10/5/04.

 

 

APPEAL #04-1279 – AAA DEVELOPMENT & MANAGEMENT, INC.

 

Ms. Kirk stated the Board received a letter from the Applicant’s attorney, Stephen

Goldstein, dated 9/21/04 requesting a continuance from today’s Hearing to the next

Board meeting to be held on 10/5/04.  The Applicant is waiving any required timeframe

under the Pennsylvania Municipalities Planning Code.

 

Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to

continue this matter until 10/5/04.

 

September 21, 2004                                                     Zoning Hearing Board – page 2 of 3

 

 

APPEAL #04-1280 – FRANK OLIVETI

 

Mr. Frank Oliveti and Ms. Lisa Oliveti were sworn in.  Ms. Kirk stated the Application

submitted by Mr. Oliveti for the property at 76 Manor Lane South will be marked as

Exhibit A-1.  She stated attached to that Application is a multi-page document entitled

Manor Lane South Plan of Survey made for Penn Valley Constructors, Inc.

 

Mr. Toadvine stated the critical exhibit is the exhibit entitled Plan of Survey for Lot #66

Penn Valley Manor.  This was marked as Exhibit A-2.

 

Mr. Olivetti stated he is planning to build a walk-in closet off the bedroom.  He noted

Page 2 of 3 on the Plan View and stated it will abut the house on one side and the garage

on the rear side.  He stated because they are in the 100 year flood zone, he had to apply

for a Variance.  He stated this will be built on posts and not on a block foundation and

will be attached to the house.  He noted Page 3 of 3 showing the construction and how it

ties into the existing structure.  Mr. Oliveti stated the Plans were approved by the

Building Department.

 

Ms. Kirk stated it appears because of the front yard setback and the floodplain issues,

they were required to appear before the Zoning Hearing Board.  She asked the size of the

addition, and Mr. Oliveti stated it will be 10’ by 12’ and will be toward the rear of the

house.  This portion sits in the floodplain zone.  The relief for the front yard setback is

required because they plan to eventually add a kitchen addition to the front of the house. 

Mr. Oliveti stated because they had to go before the Zoning Hearing Board for the walk-

in-closet, he felt it was best to add this to the Application and get both resolved at the

same meeting.  This will require a front yard setback Variance.  The Township requires

75’ and they only have 40’.  With the proposed addition, it will be 36’.  The proposed

addition is 15’ by 4’.  This is a one-story addition.

 

Ms. Kirk asked when they plan to proceed with this addition.  Mr. Oliveti asked how long

the Variance would be good for, and Ms. Kirk stated they would have to apply for a

Building Permit for this within six months of the Zoning Hearing Board approval. 

 

Ms. Kirk asked the location of Manor Lane South, and Mr. Oliveti stated it is off Black

Rock Road below the Canal.  Ms. Kirk asked if they experienced any flooding in light of

the recent conditions in the Township over the weekend, and Mr. Oliveti stated they did

not have any problems.

 

Mrs. Oliveti stated they discussed their plans with the neighbors on either side and they

had no objection.

 

 

 

September 21, 2004                                                     Zoning Hearing Board – page 3 of 3

 

 

Mr. Toadvine asked the setbacks of the homes on either side.  Mr. Oliveti stated this

addition will set them ahead of the adjacent neighbors by 4’ for the portion of the

addition.

 

There was no public comment.

 

Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to

approve the request as presented.

 

 

OTHER BUSINESS

 

There was discussion on pending Appeals.  After discussion it was agreed that the

meeting on October 19, 2004 would be canceled.  The meeting scheduled for Tuesday,

November 2 will be changed to Wednesday, November 3 because of Election Day.

 

Mr. Malinowski moved, Mr. Mayrhofer seconded and it was unanimously carried to

cancel the meeting scheduled for October 19, 2004.

 

It was noted that the Minutes of August 17, 2004 should be amended to show that

Mr. Malinowski was absent and Mr. Dobson was present.

 

 

There being no further business, Mr. Malinowski moved, Mr. Mayrhofer seconded and it was unanimously carried to adjourn the meeting at 7:45 p.m.

 

                                                                        Respectfully Submitted,

 

 

 

 

                                                                        David Malinowski, Secretary