JANUARY 6, 2004



The reorganization meeting of the Lower Makefield Township Zoning Hearing Board was held on Tuesday, January 6, 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

                                                                                                JOHN HRICKO


                                    OTHERS                                             ALLEN TOADVINE

                                                                                                JOHN KOOPMAN

                                                                                                SALLY DORNER

                                                                                                JIM MAJEWSKI

                                                                                                PETE STAINTHORPE





Motion made by Mr.  Dobson nominating Ms.  Kirk as Chairman.  Motion seconded by Mr.  Mayrhofer and carried.



Motion made by Mr.  Dobson nominating Mr.  Mayrhofer as Vice Chairman.  Motion seconded by Ms.  Kirk and carried.



Motion made by Mr.  Dobson nominating Mr.  Malinowski as Secretary.  Motion seconded by Mr. Mayrhofer and carried.





Motion made by Mr.  Dobson appointing Marte & Toadvine as Solicitor for the Zoning Hearing Board.  Motion seconded by Ms.  Kirk and carried.






Mr.  Bak appeared together with the owners Steve and Gloria Yi.  Sandra Baggot was also present and sworn in.


Ms.  Kirk noted that the applicant submitted revised plan dated 12/22/03 for property located at 7 Black Rock Road which plan was marked Exhibit A-12.


Mr.  Bak advised he tried to incorporate the comments from the last meeting and has reduced the size of the driveway.  They are now requesting variance for impervious to 23.9%.  Mr.  Mayrhofer noted the calculation is 23.98 which equals a 24% increase. 


Mr.  Bak advised they also added detail for the water detention system.  Ms.  Kirk noted the Board had questions about the storm water plan.  Mr.  Bak advised this will be 4' deep by 8' wide and filled with stone and corrugated pipe with the storm drains connected to the same.  He spoke with Jim Majewski prior to the meeting who requested a leaf screen be added, which he will do.  This system will be located in the rear of the property and is shown on the revised plan.


Ms.  Kirk asked Ms.  Bellaspica if she revised calculations for impervious.  Ms.  Bellaspica advised  she did not. 


Mr.  Majewski advised he reviewed proposed retention basin for storm water management.  He would like to see a soil log done for the area where the bed is.  He has also requested a lean be added as well as an inspection port to be able to see if there is sediment and/or to be able to clean out the bed.  He noted this will not handle very large rainfall but will handle rainfall of 2" Mr.  Bak advised his clients agree to conditions suggested by the township Engineer. 


Mr.  Koopman stated that the reason Mr.  Majewski wants storm water information is to make sure about the height of the ground water table.  He stated that the Township would request that if the variance is granted, that the design of the seepage pit be in accordance and with approval of the township Engineer, noting it may need to be changed if it is found this is a high water table.  Applicant agreed. 


Ms.  Baggot stated she had nothing additional to add. 


Mr.  Koopman advised the Township has not had an opportunity to review the revised plan.  The township was concerned about original request of impervious to 27%.  H noted the 23.98% requested is still significantly more than the township is comfortable with but noted there are extenuating circumstances.  He requested any approval granted be subject to township Engineer’s approval and that the Board is satisfied this is the minimum variance which will give relief to the applicant. 


Motion made by Ms.  Kirk granting relief for variance form the lot area and yard requirements under Section 200-22; granting variance from impervious surface requirements under Section 200-23B; and granting variance from the special setbacks along the arterial and collector roads under Section 200-63A and B, as proposed by the applicant submitted on Exhibit A-12, with the following conditions:

That the applicant install or construct a retention seepage bed along the property as designated on Exhibit A-12, subject to the following conditions: a) that the applicant complete and conduct a soil log in area as requested by the Township Engineer; b) that the applicant install a leaf screen over the seepage bed; c) that the applicant install an inspection port; and d) that the final design and construction of the seepage bed be subject to approval of the township Engineer.





Chris Cozzi of Paradise Pools, Inc.  appeared together with Calvin Nurse, owner of the property.  Application was marked as Exhibit A-1.  Pool permit and grading plan for 1366 Knox Drive, prepared by J.  Grasser dated 9/29/03 was marked as exhibit A-2.


Mr.  Cozzi advised Mr.  Grasser did the survey for the property and thereafter advised they would be over the impervious and they could remove the patio or request a variance.  They decided to remove the patio and have a deck around the pool in order to stay at 18%.


Calculations were redone by Sally Bellaspica which were greater than the surveyor. She also advised applicant that the patio did not have permit.  Patio is 12 x 12" block pavers and was in place when the house was purchased by Mr.  Nurse.  Photo showing patio which was given to the owner by the realtor were shown to the Board.  Mr.  Nurse advised he purchased the property in November of 1996 and since that time they only put up a fence with a permit. 


Mr.  Cozzi advised upon his review he came up with different impervious figures.  Ms.  Bellaspica estimated house was 1,947.1 sq.  ft.  and Mr.  Grasser came up with 1,725 sq.  ft.  Mr Cozzi advised his measurements came up to 1,780 for the house.  Mr.  Mayrhofer stated that Mr.  Grasser signed off on the survey and based upon his credentials they should use his numbers.


Mr.  Toadvine noted there is no net increase in impervious.  The only reason this is before the board is because it is already over the impervious.  Mr.  Koopman stated they will be over the impervious surface allowed so a variance will be needed.  He noted no relief was granted to go over 18%.


Mr.  Mayrhofer asked when the house was constructed and Mr.  Nurse stated this was about 1982.  Mr.  Mayrhofer asked if the zoning ordinance was in effect at that time and Mr.  Koopman advised it was.  Mr.  Toadvine noted there may have been a different ratio at that time.


Ms.  Kirk stated this house is down the street from her and there is no issue with run off.  Mr.  Koopman advised the township has no opposition to the relief requested. 


Mr.  Majewski advised the Board that he calculated the house and cam e us with 1,947 sq.  ft., which is the same as Ms.  Bellaspica’s calculations.  It was noted this would require variance for 20.7% and is presently what is existing.


Motion made by Mr.  Mayrhofer granting variance for impervious to 20.7%.  Motion seconded by Mr.  Dobson and carried.


Mr.  Mayrhofer requested Mr.  Majewski advised Mr.  Grasser that his numbers were in error.  Ms. Bellaspica noted this has happened in the past.





Ms.  Kirk informed the Board there are no new appeals filed for the first meeting in February.


Motion made by Ms.  Kirk canceling first meeting in February (2/4/04).  Motion seconded by Mr. Mayrhofer and carried.



There being no other business motion made by Ms.  Kirk to adjourn.  Seconded by Mr.  Hricko and carried.  The meeting adjourned at 7:56 p.m.


                                                                                    Respectfully submitted,




                                                                                    David Malinowski, Secretary